Burnt Church-2001/03/16-CPT Archives

Christian Peacemaker Teams (CPT) Archives

CPTnet
March 16, 2001
NEGUAC, NB: CPTers William Payne and Bob Holmes complete trial on obstruction charges

[NOTE: CPT Canada Coordinator Doug Pritchard will appear in the Neguac court on March 19 along with six members of the esgenoopetitj First Nation on charges of obstruction as well. On June 12, 2000 he and his six co-defendandants confronted Department of Fisheries and Oceans officers as they pulled up EFN lobster traps.]

On March 13, 2001, Judge Henrik Tonning was challenged in court in Neguac, New Brunswick, by Christian Peacemakers Fr. Bob Holmes and William Payne from Toronto ON, to take a small, but significant step in transforming the relationship of the Canadian legal system to the Aboriginal communities.

Holmes and Payne had been charged with obstructing Canadian Department of Fisheries and Oceans (DFO) officers at the opening of the Mi'kmaq lobster fishing season on May 6, 2000. They challenged the judge, saying, "We ask you to recognize and accept our attempt to stop the obstruction by the DFO of the Mi'kmaq people's right to manage their own fishery."

Judge Tonning replied, "What you ask may seem a small step, but it is off a big cliff with regards to the legal consequences it would have."

He continued, "I am not afraid to take such a step if my deliberations on the evidence and legal arguments lead me to accept your claim that you acted with an honest belief that you had legal authority to act as you did."

Judge Tonning will render his verdict on May 18, 2001

Payne and Holmes argued that the treaties between Canada and the Mi'kmaq Nation and the Constitution Act of Canada clearly recognize and affirm the Aboriginal and treaty rights of the Mi'kmaq people and that these were denied by the actions of the DFO.

Judge Tonning also said, "Your actions were not respectful of the court system which will, in due time, address, and redress, any justice issues in the DFO's confiscation of the Mi'kmaq lobster traps which you tried to recover yourselves."

In response, the peacemakers suggested that the Canadian courts are not the place to resolve these issues. Quoting the Canadian government's Royal Commission on Aboriginal Peoples, they said, "What is needed is nation-to-nation negotiation done in a spirit of mutual respect and justice."

After the trial, Holmes said, "The Canadian government's attempts to suppress the Mi'kmaq fishery are only the latest chapter in a long history of disrespect and suffering. Canadians of European ancestry need to find clear ways to demonstrate that they will no longer tolerate these actions being done in their names."
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Christian Peacemaker Teams is an initiative among Mennonites, Brethren, Friends and other Christians that supports violence reduction efforts around the world.
Contact CPT, PO Box 72063, 1562 Danforth Ave., Toronto ON M4J 5C1, ph 416-421-7079, fax 416-467-1508, email guest.60139@MennoLink.org; or CPT, POB 6508 Chicago, IL 60680, ph 312-455-1199, fax 312-432-1213, email cpt@igc.org. To join CPTNET send an email to admin@MennoLink.org and the message: Group: menno.org.cpt.news

Visit us on the WEB: http://www.prairienet.org/cpt


		Christian Peacemaker Teams (CPT) Archives CPTnet March 16, 2001 NEGUAC, NB: CPTers William Payne and Bob Holmes complete trial on obstruction charges [NOTE: CPT Canada Coordinator Doug Pritchard will appear in the Neguac court on March 19 along with six members of the esgenoopetitj First Nation on charges of obstruction as well. On June 12, 2000 he and his six co-defendandants confronted Department of Fisheries and Oceans officers as they pulled up EFN lobster traps.] On March 13, 2001, Judge Henrik Tonning was challenged in court in Neguac, New Brunswick, by Christian Peacemakers Fr. Bob Holmes and William Payne from Toronto ON, to take a small, but significant step in transforming the relationship of the Canadian legal system to the Aboriginal communities. Holmes and Payne had been charged with obstructing Canadian Department of Fisheries and Oceans (DFO) officers at the opening of the Mi'kmaq lobster fishing season on May 6, 2000. They challenged the judge, saying, "We ask you to recognize and accept our attempt to stop the obstruction by the DFO of the Mi'kmaq people's right to manage their own fishery." Judge Tonning replied, "What you ask may seem a small step, but it is off a big cliff with regards to the legal consequences it would have." He continued, "I am not afraid to take such a step if my deliberations on the evidence and legal arguments lead me to accept your claim that you acted with an honest belief that you had legal authority to act as you did." Judge Tonning will render his verdict on May 18, 2001 Payne and Holmes argued that the treaties between Canada and the Mi'kmaq Nation and the Constitution Act of Canada clearly recognize and affirm the Aboriginal and treaty rights of the Mi'kmaq people and that these were denied by the actions of the DFO. Judge Tonning also said, "Your actions were not respectful of the court system which will, in due time, address, and redress, any justice issues in the DFO's confiscation of the Mi'kmaq lobster traps which you tried to recover yourselves." In response, the peacemakers suggested that the Canadian courts are not the place to resolve these issues. Quoting the Canadian government's Royal Commission on Aboriginal Peoples, they said, "What is needed is nation-to-nation negotiation done in a spirit of mutual respect and justice." After the trial, Holmes said, "The Canadian government's attempts to suppress the Mi'kmaq fishery are only the latest chapter in a long history of disrespect and suffering. Canadians of European ancestry need to find clear ways to demonstrate that they will no longer tolerate these actions being done in their names." ______________________ Christian Peacemaker Teams is an initiative among Mennonites, Brethren, Friends and other Christians that supports violence reduction efforts around the world. Contact CPT, PO Box 72063, 1562 Danforth Ave., Toronto ON M4J 5C1, ph 416-421-7079, fax 416-467-1508, email guest.60139@MennoLink.org; or CPT, POB 6508 Chicago, IL 60680, ph 312-455-1199, fax 312-432-1213, email cpt@igc.org. To join CPTNET send an email to admin@MennoLink.org and the message: Group: menno.org.cpt.news Visit us on the WEB: http://www.prairienet.org/cpt