Seven Mohawk protesters will have to wait until Sept. 27 before an Ontario Court Justice will decide if they will serve jail time for their involvement in heated clashes with police and the orchestrated blockade of several roads in April 2008.
On Monday, Justice Geoffrey Griffin found seven of the 12 Mohawk protesters guilty of mischief-related charges, while five were found not guilty on all counts. Some of the accused were also found guilty of more serious charges such as obstructing a peace officer and assault causing bodily harm.
Griffin told the 12 accused, along with a packed courtroom of more than 40 Mohawk supporters from the Mohawks of the Bay of Quinte, that after 39 days of proceedings in the Napanee Ontario Court of Justice "this trial sets a record for being both the longest (in Napanee) in terms of duration as well as the most complex in terms of multiple accused on an information involving 67 charges alleged to occurred over six days in April 2008."
Daniel Doreen, Steven Chartrand, Clint Brant, Jerome Barnhart, Kathy Baptiste, Curtis Fox and Jason Maracle were all found guilty of mischief to property for their participation in the illegal blockade of several roadways during the protest.
"He's putting it to me," said Baptiste, as Griffin found her guilty. "I might get jail time yet again."
Doreen was also found guilty of assault stemming from his attempt to resist arrest. Griffin also found Clint Brant guilty of obstructing a peace officer and dangerous operation of a vehicle. Matthew Kunkel took the hardest hit of all the accused as he was found guilty of possession of a weapon (brass knuckles), unaurthorized possession of a weapon, assault with a weapon and assault causing bodily harm.
Griffin found Joshua Maracle, Jacqueline Brant, Chad Baptiste, Karen Maracle and Jana Hill not guilty of all counts.
Jacquelin Brant seemed to have had a premonition about how her role in the case would play out as she told a fellow Mohawk woman before Griffin read his verdict that "It's finally arrived. I still have not changed who I am. I feel I'm not guilty."
Griffin said video and photographic evidence "formed a significant part of the Crown's case." as several of the accused were caught on camera, by police, partaking in the illegal blockade of roads in close proximity to the disputed tract of land. Griffin said he reviewed maps, hundreds of photos and extensive video evidence captured during the incident, during his lengthy deliberation to reach a verdict .
The 2008 week-long protest saw Mohawk protesters mounting several blockades along Deseronto Road and Old Highway 2 to prevent access to the disputed land called the Culbertson Tract. The ongoing dispute also led to heated confrontations between protesters, some clad in camouflage, and the OPP, who also set up roadblocks to protect area residents from clashing with the Mohawk group.
Griffin told the court that the Culbertson Tract is land that has been determined to be a legitimate land claim, that has been accepted by the federal government for negotiation since 2003.
He said the 20-acre property was purchased by Nibourg Development from several different owners for roughly $400,000, with the intention to develop the property for 200 housing units.
Griffin said the protest was somewhat sparked by the Nybourg's intentions to commence development on the land, by sending employees to start clearing the property for construction.
He said the people charged with the criminal offences where "motivated by their desire to see that the Culbertson Tract land remain undeveloped until the land claim is resolved."
Griffin also mentioned that the "trial itself from time to time took on the flavour of an enquiry into the Ontario Provincial Police's handling of the entire incident."
He went on to say that he agrees with the submissions of one of the defence lawyers for one of the accused that "the conduct of the OPP was reasonable."
He said there were three major factors highlighted in this case including estrangement of Aboriginal people from the Canadian justice system, the impact of years of dislocation and whether imprisonment would be meaningful to the community.
He added that "the passion associated with the need to protect the land" resulted in "intense emotions."
He made it clear that the resolution of the land claim issue is of great importance to all the parties involved including the residents of Deseronto and Napanee.