KI lawyer says clients are happy with ruling

Tb News Source
Web Posted: 7/8/2008 1:31:49 PM

The lawyer for six members of the Kitchenumaykoosib Inninuwug First Nation says his clients feel ''completely vindicated'' by Monday's ruling from Ontario's highest court. The written ruling from the Ontario Court of Appeal says there was no reason to 'bring down the hammer'' on aboriginal leaders who were jailed and fined after staging protests over mining disputes earlier this year.

In March Chief Donny Morris and five other members of the Kitchenumaykoosib Inninuwug First Nation were sentenced to six months in prison by Justice Patrick Smith for disobeying a court order to allow Platinex Mining onto a drilling site near Big Trout Lake.

The Court of Appeal says jailing the protesters was ''too harsh a sentence, and only served to pit the community against the justice system.'' The six KI band members spent about nine weeks in jail when the court decided in late May to reduce their six-month sentences to time served. The ruling states the judge failed to refer to mitigating factors in the case, including the fact that the protesters were first-time offenders. Reid says his clients are 'very happy' with the ruling, which he says proves the dispute should not have been dealt with in the courts.

Meanwhile NAN officials, who had intervenor status in the case, call the ruling good news for First Nations who are concerned about being jailed for protecting their lands. NAN deputy Grand Chief Alvin Fiddler says the courts are saying that it's up to the government of Ontario to resolve such disputes, rather than 'sitting on the sidelines' while native leaders are at risk of being incarcerated.