On March 18, 2008, the Ontario Superior Court’s Judge Patrick Smith sentenced Chief Donny Morris and six other council members from the Kitchenuhmaykoosib Inninuwug (or KI) First Nation, a community of about 1200 people in northern Ontario, Canada, to six months in jail for ‘contempt of court.’ They defied a court order to stay away from a part of their lands, slated for mining by the Platinex Corporation. They were also fined an exorbitant sum, but the judge applied the jail terms because he knew that they could not pay – they were already bankrupt because of the $500,000 in court fees they had paid trying to defend themselves from Platinex before the court, over the past several years. Platinex had sued KI, at first for $10 billion (before reducing it to $10 million).
In his sentence, Judge Smith cited as a precedent the jailing of Ardoch Algonquin Nation leader, Bob Lovelace, who had been sentenced to his own six months on February 15 for trying to stop uranium mining by the mining company Frontenac Ventures on their lands, about 100km from Canada’s capital, Ottawa (for a map of the area and some discussion of the legal aspects see the Ardoch Algonquin First Nation’s website at: www.aafna.ca and specifically www.aafna.ca/Uranium_mining
The jailing of these leaders offers a window into a whole host of Canada’s irrationalities and cruelties – the callous dispossession of the indigenous, the search for quick profits to be torn out of the ground and turned into money whatever the consequences, the energy system based on unsustainable premises, the heartlessness in defence of an indefensible system.
The story in Canada is an old one, described eloquently in a 25-year old book that could have been written yesterday by Robert Davis and Mark Zannis (1983) called “The Genocide Machine in Canada.” Indigenous nations are deprived of their landbases and surrounded by settlers, extractive industries, or developments. They lose their means of survival when their lands are taken or when their lands are poisoned. They are dependent on small payments from the government. When they resist further encroachments on their lands, these sources of income are threatened. If that doesn’t scare them, there’s always violence and jail terms.
To understand the significance of the jailings, it is necessary to take a moment to explain Canada’s laws on indigenous rights and public land use.
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