The Supreme Court Of Canada has upheld an earlier ruling that freed native leader Bob Lovelace from jail.
In a decision handed down on Thursday, the high court dismissed the uranium exploration company Frontenac Ventures Corporation's application for leave to appeal with costs to Bob Lovelace, the Ardoch Algonquin First Nation and its co-chief, Paula Sherman.
"I'm just happy that I don't have to go back to jail," Lovelace told the Whig-Standard.
A Queen's University lecturer and former Ardoch Algonquin chief, Lovelace was jailed last February for six months for refusing to obey a court injunction to stop interfering with uranium prospector Frontenac Ventures from entering a prospective mine site north of Sharbot Lake.
The Superior Court also fined Lovelace $25,000 and fined Sherman $15,000 and the Ardoch Algonquin community $10,000 for the same offence.
Lovelace was convicted of contempt of court and spent 3 1 /2 months in jail before he was released as a result of an appeal hearing in Toronto last May.
In an interview yesterday he said the experience had a intense impact on his life and he was fortunate not to have had to return to custody.
"I was worried that things would not go well," he said. "I was just happy that the Ontario [Appeal] Court was upheld because its decision affects aboriginal people in very positive way."
Lovelace said the case sets "an excellent precedent" for those who feel it's necessary to protest and want to make their voices heard.
"The [Appeal] Court decision said very clearly that public dissent, even demonstrations [and] blockades are the only recourse citizens have to make their democratic voice heard," he said.
George White of the Oakville. Ont.-based Frontenac Ventures couldn't be reached for comment yesterday afternoon. His lawyer, Neal Smitheman, said he wasn't surprised by the Supreme Court's decision but said it won't have an impact on the company's future plans for the site north of Sharbot Lake.
"Frankly, we're a little disappointed," he said, "but basically the problem we had was that normally you appeal the decision and we were appealing the reasons for the decision."
Chris Reid, the lawyer for Lovelace and the Ardoch Algonquins, was pleased with the Supreme Court decision and said that the aboriginals he represents will continue with their efforts to stop any uranium exploration at the Robertsville site.
"The threat of uranium exploration is still there," he said. "The company says they will start exploration in the spring and my clients are still intent on stopping that."
Lovelace agreed.
"We are very much against the uranium exploration in the Frontenac area," he said.
"We agree with the 24 municipalities that have declared a uranium exploration moratorium and we'll continue to fight against the development of a uranium mine and further exploration of uranium. We'll continue educating the community and lobbying politicians."
Lovelace also said the Ardoch Algonquins plan to continue negotiating with the provincial government, in the hope that the province will look at the environmental impacts of uranium exploration.
"We want the provincial government to recognize that this is not just about a few drill holes," he said. "This is about all the incremental work that intends to open a uranium mine."