The Law Union of Ontario held its Annual Conference this past weekend at Friends House in Toronto. In case you missed it, we were able to record three of the panels that took place over the weekend, each of which will be posted on this site as they become available.
Below, find a video of the entire Indigenous Legal Traditions Panel. The speakers you will see are Dawnis Kennedy, Jeffrey Hewitt and Signa A. Daum Shanks.
The Steering Committee of the Law Union of Ontario is urging all of its members to resign from the Canadian Bar Association (CBA) as a result of the CBA’s intervention in Chevron Corporation, et al. v. Yaiguaje, et al. We have written to CBA to this effect; the full text of this letter is at the end of this post.
In 2011, after nearly 20 years of battle, an Ecuadorian court ruled that Chevron had to compensate victims for the destruction it had caused. The Supreme Court of Ecuador ratified this decision and set damages at US $9.51 billion.
In December 2013, the Ontario Court of Appeal held that Ecuador’s indigenous communities were entitled to have their case against Chevron Canada heard in Ontario. Chevron is appealing this decision to the Supreme Court of Canada (SCC).
In September 2014, the CBA announced its decision to have Blake Cassels & Graydon LLP submit a brief to the SCC on issues of corporate identity. Blakes represents Chevron in other matters. This decision by the CBA both followed and propelled widespread criticism from CBA sections and CBA members, including the CBA’s Legislative and Law Reform Committee, which had recommended against proceeding with the intervention when it was first proposed. Critics pointed to a lack of consultation in the intervention decision-making process and a violation of the CBA’s stated public interest/access to justice mandate.
In calling for CBA member resignations, we follow the lead of advocates, lawyers, and law students who are protesting both the process and the substance of the CBA’s intervention. In particular, we would highlight the following statements:
Petition to CBA: Withdraw from the Supreme Court of Canada or Don’t File an Argument
We write to advise you that the Steering Committee of the Law Union of Ontario is urging all of its members to resign from the CBA as a result of your intervention in Chevron Corporation, et al. v. Yaiguaje, et al at the Supreme Court of Canada.
Your intervention flies in the face of any concern for the environment; your stated commitment to access to justice; your own members’ objections; and our profession’s ethic requiring us to act in the public interest, unless acting for a party to litigation.
NAPANEE â€” A preliminary inquiry into criminal charges against Shawn Brant began Monday with much less fanfare than his previous court appearances.
The 42-year-old Mohawk protester was brought from the Napanee Detention Centre for a court appearance that was markedly less theatrical than previous appearances in court here. There were, as in many previous appearances, no protesters outside, nor were there any supporters in the public gallery as Brant was quietly led handcuffed and shackled to the prisoner’s box shortly after 9:30 a.m. wearing a worn white T-shirt, camouflage pants and work boots.
By 11 a.m., however, there were about a dozen people who appeared to support Brant in the courtroom, but they were a subdued group.
What wasn’t different about Brant’s latest appearance was the heavy police presence at the County Memorial Building â€” there were a number of Ontario Provincial Police officers scattered throughout the Dundas Street West site and visitors were searched and scanned with metal detectors before being allowed into the courtroom.
Brant is facing nine criminal charges in connection with various protests over the past nine months â€” breaching conditions imposed after he was charged with uttering death treats at a Deseronto protest last November, leading a group of Mohawk protesters that obstructed the main CN Rail line in April and for his role in what police charge was co-ordinating the blockade for National Aboriginal Day of Action on June 29 that blocked a large section of County Road 2, two CN Rail line crossings and propmpted police to close part of Highway 401 between Belleville and Napanee.
His stated goal during the events was to increase awareness of aboriginal land claims, native poverty and conditions on reserves.
Brant, the only one of his group arrested for his part in those incidents, is charged with six counts of mischief exceeding $5,000, two counts of breaching his recognizance and one count of failing to obey a court order.
Three days have been set aside for the preliminary hearing, which is held to determine if there is enough evidence to warrant a trial.
The inquiry began shortly before 10 a.m., with presiding Justice Robert Fournier granting a request from Brant’s lawyer Peter Rosenthal asking if his client could sit at the defence table without restraints.
Brant, looking pale, remained composed throughout the day, often watching the proceedings intensely or taking notes.
With what he termed his second “housekeeping” matter, Rosenthal criticized security measures enacted by the OPP, particularly those from Brant’s last two bail hearings, which were held at the Superior Court of Justice courthouse on Thomas Street East in Napanee.
The Toronto-based lawyer questioned the “quite unusual security precautions” taken by police during the hearings, including asking visitors to sign a guest book and to be videotaped before entering the courtroom.
“Many people thought they were being investigated,” Rosenthal contended. “Many planned to attend (today), but didn’t.”
In dismissing the complaint, Fournier said security “is often complex” and “it’s not within my jurisdiction to police the police.”
Then, in what is contrary to normal practice for a defence lawyer, Rosenthal argued against the Crown’s motion of having a publication ban put in place during the inquiry.
Typically, the accused in a case asks for a ban on publicity during preliminary inquiries â€” a move the judge is required to grant if sought by the defence.
Crown attorney Robert Morrison said the Brant matter was an “emotional type of case” and a ban must be enacted in order to protect the integrity of jury selection, if the matter is to go to trial.
Rosenthal, meanwhile, said the Crown presented “all sorts of inflammatory evidence” during the two previous bail hearings, which didn’t have any bans on content.
“To argue for a publication ban now, given that, is a bit odd,” he said.
In handing down his decision to enact a ban, Fournier said any informationpresented during a bail review “has no consequence … I do have a responsibility to protect the integrity of this process.”
Security tight as inquiry opens; Mohawk activist Shawn Brant accused of mischief, breaching bail
Frank Armstrong Local news – Tuesday, August 28, 2007 @ 00:00
A preliminary inquiry for a Mohawk activist accused of mischief and breaching his bail conditions by leading two railway blockades and disrupting traffic on Highway 401 earlier this year began yesterday.
Shawn Brant, 43, faces nine criminal charges in relation to thedisruptions – one in April in the Napanee area and three in June in the Deseronto area.
Mohawks and their supporters ran a 30-hour blockade on the CN Rail tracks in Napanee on April 20 to protest the operation of a gravel quarry on land subject to negotiations between the Mohawks of the Bay of Quinte and the federal government.
They blocked the CN tracks again on June 28 and 29 as part of a national aboriginal day of action on June 29 to bring attention to problems faced in First Nations communities, such as poor water quality, poverty and high youth suicide rates. They blocked Highway 2 near Deseronto and forced police to close off a stretch of Highway 401.
Security was unusually tight at yesterday’s hearing in Napanee Court.
Spectators and witnesses entering the court had their bags searched and about six uniformed OPP officers guarded the stairs and waiting area outside the courtroom. The officers also made people turn out their pockets and swept a metal detector over each person.
Peter Rosenthal, Brant’s Toronto lawyer, pointed out that unlike his client’s last court appearance when more than 100 supporters attended a failed bail application, few of Brant’s supporters came to court for him yesterday.
Rosenthal said they were too intimidated to show up after the Aug. 10 hearing, when spectators were made to show photo ID and provide their date of birth and were videotaped doing so. He accused police of abusing their authority while conducting security.
“Security is acceptable in this day and age, but making people write down their names and numbers is not,” Rosenthal said outside the courthouse. “When they do things like that, make people write down their name, address and birthday and videotape them, they want to investigate supporters of Mr. Brant, not do security.”
Brant has been behind bars since July 5. He had been out on bail after being arrested for the April railway blockade.
He’s alleged to have violated a condition of his bail that forbade him from inciting or participating in illegal protests that blocked thoroughfares.
Justice D.K. Kirkland decided Brant couldn’t be trusted to respect the courts and locked him away while legal proceedings continue.
The preliminary hearing is scheduled to last three days. It is intended to satisfy the judge as to whether there is enough evidence for Brant to stand trial in a higher court.
Brant has elected to be tried by judge and jury.
When the preliminary hearing wraps up tomorrow afternoon, Rosenthal said he will again appeal to the court to let his client out on bail.
Rosenthal has compared Brant to Martin Luther King.
A civil rights lawyer and mathematics professor at University of Toronto, Rosenthal, told the Whig-Standard he took Brant’s case because he believes in Brant’s stated mission to create awareness of aboriginal poverty and oppression.
“In my view, the protest that they did was very justified in light of the horrors that have been done to them,” he said. “I hope the Canadian government starts to really rectify some of those injustices so that protests are not required in the future.”
Several Crown witnesses presented evidence at yesterday’s hearing, including lead investigator OPP Det. Const. Doug Weiss and Sgt. Kristine Rae, community services co-ordinator for the OPP in Eastern Ontario.
Managers from CN Rail also took the stand, but no evidence can be published because evidence at preliminary inquiries is generally forbidden under publication bans.
The hearing continues today.
OPP commissioner Julian Fantino is expected to testify tomorrow.