[IPSM] Update on Court Day #3 from Grassy Narrows

[nora butler burke]

The following is an update and report sent out by Bonnie Swain, on the

recent court appearance for the action in Grassy Narrows this summer,
where people from grassy and their allies blocked the transcanada highway
and a bridge to protest the continuous clear-cutting of indigenous
territory. Bonnie, Adrienne and Chrissy Swain are three women who are
involved in non-violently defending anishnabwe territory at the blockade
in Grassy Narrows which has been upheld since 2002.

Update on Court Day #3

Chrissy Swain, Bonnie Swain, Adrienne Swain

We all arrived at the court house at 10 am.  Sat around and waited all day
in court house.  Chrissy and Friend was approached by OPP Jeff Duggan of
Kenora.  Jeff appeared to be friendly to Chrissy and then started asking
Chrissy?s Friend for his name and date of birth.  Chrissy replied that he
did not have to answer and that Friend did not have to identify himself. 
Jeff replied that Chrissy?s friend had warrants out for his arrest and
that Jeff had pictures from down south to prove it. Then kept harassing
her friend what his name and DOB was.  He answered it using his name given
to him by an elder.  Not his government name.  Jeff the OPP asked how that
was spelled.  Friend didn?t answer.  Told Jeff to figure it out for him
self.  We started asking Jeff why he was harassing our friend.  Was it
because of his hair cut like a Mohawk or was it the way he was dressed, 
Camo and Homeland Security Shirt. Jeff replied No.  That he had pictures
from down south.  He assumed right away from his appearance that he was
from down south.  Chrissy told Jeff that she knew for a fact that there
was no warrants out on her friend.  He asked how.  Chrissy said she knew
from a reliable source.  Jeff continued harassing our friend, now standing
in front of him. Chrissy?s Friend replies ?Why would I be sitting in a
court house if there was a warrant out for me,  I know I haven?t done
anything wrong?.  Jeff Duggan the police officer threatens ? If I find
that you have a warrant,  I know where everyone lives and will come and
arrest you ?. We continued to ask Jeff questions like why he was
forcefully harassing him and Is He going to continue harassing people we
hang around with.  That it wasn?t right he does that. He answered No. 
That he wasn?t going to harass our friends.  We kept asking why he chose
to harass him. Jeff couldn?t reply. He had no right to do so.  Chrissy
told Jeff our friend had a right to charge him for harassment.  OPP Jeff
Duggan said we could, once he looked at his pictures to prove it.  We told
him to go look at his pictures. He should of done that before approaching
him.  Jeff Duggan continues to ask our friend his name and his DOB. 
Friend still replies using his given name by elders.  Jeff Duggan gets
frustrated and told our friend that he can charge him with Obstruction of
a Police Officer.  Jeff told us that he can arrest him and hold him in
custody until he can identify him.  Jeff attempts to grab him physically
to arrest him.  Chrissy and my mom jumped in front of him.  We all started
to surround him.  People start pushing Jeff away from our friend.  Jeff
still tries to force his way through my mom and Chrissy.  Everyone gets up
to protect our friend,  Including our legal advisor for Treaty Indians. 
Starts pushing Jeff away and tells him he has no jurisdiction over
Indians.  2 other police officers show up at the struggle with Jeff trying
to falsely arrest our friend.  They just stood there when they seen that
we wasn?t going to let them arrest him for nothing.  When there was enough
people to protect our friend I jumped on the phone and called Charles
Wagamese who works for Wawatay News out of Sioux Lookout, Ontario.  To
come and witness native people being harassed by OPP. For no reason. 
Tried to call Treaty Office and call Clan Mothers of the situation.  For
someone to come and witness the treatment we were getting in the court
house.  Everything cooled down as soon as they knew we were getting a hold
of people to come witness this treatment.

This is our Third Appearance in court.  We enter No Plea in their court
system.  It is not to be forced on Indians.  We have no legal
representative but our own people.  We do not enter in system as Canadians
but Treaty Indians exercising our Right of Occupancy.  We enter using our
treaty rights which have been around even before laws existed.  We were
finally called to appear at 7:08pm then called up one by one to appear
before the judge.  Judge tried to get us to agree in talking to Crown
Attorney.  To agree to a diversion.  I had no idea what the word meant so
I did not answer to it.  I told Judge I am entering with no plea or
agreeing to anything the court has to offer and I have some one to
represent me legally.  I pointed out Les Howse.  That if anyone from the
court wants to talk to us, to talk to our representative we choose.  The
judge called Chrissy up to appear and asked her if she was in the same
situation.  She said yes.  Her warrant has been descended.  We were all
remanded to December 4 2006 at 10 am. We all finally walked out of court
room at 7:14pm. We were not sure of what diversion means so I looked it up
in the dictionary.  DIVERSION: The act of diverting or turning aside.  2. 
a distraction; pastime.  I am not sure if it means the same in the court.

There was No Apology From the Police Officer Jeff Duggan after the
incident in Court House.

Bonnie Swain can be reached at kimi511 at hotmail.com