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Aboriginal Leader's Sentence Unwarranted: Green Party PDF Print E-mail
Tuesday, 26 February 2008
ImageFormer GPO candidate Rolly Montpellier expresses disappointment over harsh sentencing of Ardoch Algonquin First Nations negotiators.

Kingston – February 19, 2008 – Recent Lanark-Frontenac-Lennox-Addington GPO candidate, Rolly Montpellier, today expressed extreme disappointment over the sentencing of Ardoch Algonquin First Nation negotiator Bob Lovelace and Chief Paula Sherman at the Frontenac County Court in Kingston on February 15, 2008.

Montpellier stated, "Ontario's citizens care about healthy communities. Our Algonquin neighbors have stepped up to the plate and one man in particular is suffering the consequences of taking a strong stand to ensure First Nation's rights are protected." Mr. Lovelace was sentenced to six months in jail, and fined $25,000 for protesting exploratory drilling for uranium by Frontenac Ventures on land that is part of a 25-year-old Algonquin land claim. Chief Sherman was also sentenced to six months in jail and fined $15,000.  In consideration of her children, Chief Sherman found it necessary to accept the restrictions of the court order to avoid going to jail.

The First Nations were not given prior notification of the exploration plans by either the province or Frontenac Ventures.  They became aware of Frontenac Ventures' intentions after being notified by a private landowner that his property had been staked.

Canadian courts have clearly established that whenever the rights of First Nations may be affected, governments have a legal duty to ensure that there must always be meaningful consultation to identify and accommodate First Nations' concerns. When Justice Cunningham sentenced and fined Mr. Lovelace and Chief Sherman, he failed to understand the Ardoch Algonquin's Constitutional rights and Ontario and Canada's duty to consult with them regarding use of Crown land.  His decision to impose incarceration and inflict heavy fines reflect the colonialist bias of the courts, and ignorance of the province's constitutional duty to consult.

The LFLA Green Party of Ontario CA calls on the province of Ontario to reform provincial laws and policies in order that they respect and uphold the duty of meaningful consultation, accommodation, and consent with respect to First Nation's people in Ontario. The province should also ensure that the court is made aware of its constitutional duty in this regard, particularly in the event of a court appeal.

"The Ontario judiciary has neglected its fiduciary responsibility to First Nations people." said Green Party of Ontario leader Frank de Jong. De Jong today called for the McGuinty government to commute Bob Lovelace's six month sentence. "It is imperative that Ontario courts recognize and consider that First Nations people base their actions on traditional Algonquin wisdom."

The province must also immediately re-initiate negotiations to resolve the dispute, commit to negotiate in good faith, and ensure that the rights of the Algonquin people are respected during these negotiations.
Last Updated ( Thursday, 28 February 2008 )
 
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