JOSH WINGROVE
From Tuesday's Globe and Mail
The trial of Shawn Brant, who became the face of a series of native blockades across
Mr. Brant had been facing a slew of mischief charges related to the 2007 aboriginal day of action, when native blockades were erected along highways and rail lines.
In Mr. Brant's defence, lawyer Peter Rosenthal was set to begin yesterday a lengthy series of pretrial motions alleging misconduct, such as unauthorized wiretaps, by both Ontario Provincial Police officers and Commissioner Julian Fantino.
But after a surprise deal, those pretrial motions were skipped, an agreed-upon statement of fact was read, and Mr. Brant was quickly found guilty on just three mischief charges - two for blocking a rail line and one for blocking Highway 401.
He was sentenced to time already served, a three-month conditional term and one-year's probation. He can't leave his reserve during his conditional sentence, and is barred from "unlawful protest" until the end of his probation. He won't serve jail time.
"I feel good. I feel there's been a weight lifted off my shoulders," Mr. Brant said in an interview yesterday. But he also said he was disappointed, having hoped to lay out details of alleged OPP misconduct. Mr. Fantino, who personally intervened in negotiations during the blockade and warned Mr. Brant his "whole world's going to come crashing down," would have likely been called to testify.
"It's a fair trade. It's [Mr. Fantino's] secrets for my freedom," Mr. Brant said.
Mr. Brant was the vocal leader of the day of action, leading protests that shut down a series of highways and rail lines. He's an outspoken advocate for his Tyendinaga Mohawk nation, advocating for issues such as land claims and access to clean water.
Crown attorney Robert Morrison was rebuffed on a deal a month ago that would have included five years of jail time for Mr. Brant. Yesterday's deal, while more lenient, avoids a lengthy trial that was set to begin in January.
"The recommended sentence is designed to achieve a number of things," Mr. Morrison said outside court. "It is designed to reflect Mr. Brant's criminal culpability in the commission of offences of this nature...and to prevent him from involving himself in unlawful protests in the future."
Mr. Rosenthal and Mr. Brant still plan to work for changes at the reserve near Deseronto, Ont., where Mr. Brant says schools haven't had drinkable water for 18 months.
"This is the closure of a chapter, but it's not closure of the issue," he said.
Mr. Fantino couldn't be reached for comment.