Posted By Sue Yanagisawa
Feb 13, 2008
Kingston Whig Standard
A group of Algonquin, who held out last summer for close to four months against a uranium prospecting company and prevented Frontenac Ventures Corp. from working the lands it claims north of Sharbot Lake, has chosen not to fight contempt charges brought by the Oakville-based company.
Late yesterday afternoon, following extended private discussions between lawyer Stephen Reynolds, representing the Shabot Obaadjiwan First Nations, and Neal J. Smitheman, on behalf of Frontenac Ventures, a negotiated resolution was reached and read into the court record.
It stipulates that Shabot Obaadjiwan Chief Doreen Davis and elder Earl Bedore Sr. admit to violations of an interim injunction issued by Justice Gordon Thomson last August, ordering protesters off the land. It further concedes that Davis, Bedore Sr. and others from their community entered the property between Oct. 5 and 11, 2007, contrary to the terms of Justice Douglas Cunningham's permanent injunction, issued a month later. As part of the resolution, Davis and Bedore Sr. agreed to comply with the terms of the injunction.
Specifically, their undertaking stipulates that Shabot Obaadjiwan will not attempt to re-occupy lands belonging to the Clarendon mineral exploration site claimed by Frontenac Ventures, or obstruct efforts by the company to drill there. Davis and Bedore have also promised to try and assure that members of the Shabot Obaadjiwan band will not approach within 200 metres of the company's work sites or workers, except for purposes of fishing, hunting or travelling on Highway 509.
They've also agreed not to solicit or encourage band members or supporters to engage in activities not in compliance with Cunningham's September injunction.
"It's my hope we will further purge, through this process, the contempt," Reynolds told Cunningham. The judge agreed to put over sentencing for Reynolds' clients to March 17.
Lawyer Christopher Reid, who represents members of the Ardoch Algonquin First Nations, the other group identified as occupying the site, told the judge he wasn't involved in the discussions and "I think it's safe to say, my clients will not be partaking in an undertaking of that nature."
He told Cunningham he was not aware of any "continuing contempt of [your] order," and requested, with respect to the original charge, that sentencing be put over until March 17 to 19.
Without some similar undertaking, however, Cunningham told Reid it wasn't likely he'd delay sentencing. He gave the lawyer until this morning to think about it.
Algonquin living in the Ardoch area believe they hold unceded interest in Crown lands to which Frontenac Ventures has laid claim, and that the provincial government should not have granted prospecting rights without consulting them.
They and some of their neighbours also fear that exploratory drilling will contaminate the area's groundwater. Consequently, protesters set up a camp on the site last June and prevented the mining exploration company from working the site.
Frontenac Ventures took the two Algonquin groups and a number of their leaders to court in late August, securing an interim injunction ordering them off the land. It was defied and Ontario Provincial Police opted not to use force to gain compliance.
Cunningham's permanent injunction followed a month later, although both the Ardoch Algonquin and Shabot Obaadjiwan First Nations declined to participate in the hearing.
It was at that point that Smitheman, on behalf of his clients, initiated contempt proceedings, urging jail for the protesters, $5,000 a day fines and punitive damages of $50,000.
Those proceedings were adjourned, in the hope that talks between the Algonquin and government would find a resolution.
Reynolds yesterday told the judge that since that adjournment, "there's been discussion about whether they're prepared to have consultation, but there's been no consultation."
Meanwhile, contempt charges against private landowner Frank Morrison, who had his land surreptitiously staked, and Christian Peacemaker David Milne have been put over to March for separate hearings.