[IPSM] Grassy Narrows protesters refuse to plea to charges

[fiona at resist.ca]

Grassy Narrows protesters refuse to plea to charges

Representative claims court has no jurisdiction over Swains

Grassy Narrows protesters refuse to plea to charges
Representative claims court has no jurisdiction over Swains

By Dan Gauthier
Kenora Daily Miner and News
Tuesday February 06, 2007

Three Grassy Narrows First Nation women, charged with mischief in
connection to a pair of highway blockades last summer, refused to enter
pleas to the charges during a brief appearance in Kenora provincial court
Monday.

Adrienne Swain, 27, Bonnie Swain, 32, and Chrissy Swain, 27, told visiting
Justice Thomas McKay, from Fort Frances, they neither had a lawyer, nor
were they planning to seek one to deal with the charges.

Each is facing two counts of mischief related to the July 13, 2006
roadblock at the Highway 17A Kenora bypass, and the July 26, blockade of
the English River Road at the Separation Rapids Bridge.

Bonnie Swain told the court she was being represented by Lester John Howse
who attended court with the three women, along with approximately 30
supporters seated in the body of the court.

Howse, who hails from Rocky Mountain Territory in Western Canada, told
Justice McKay the women would not be entering pleas to the charges. He
claimed there was no “rule of law” giving the court jurisdiction over the
Swains and that it was a criminal act to press charges against them.

“The law speaks for itself,” said Howse. “The court has no jurisdiction
over these women.”

In 2005, Howse himself refused to enter a plea to an assault charge,
claiming he had diplomatic immunity as a member of the “Signatory
Indians”.

However, Kenora Justice Donald Fraser rejected Howse’s claim at the time,
reasoning that the Signatory Indians could not be recognized in provincial
court as a sovereign nation, and diplomatic immunity would not apply.

Assistant Crown attorney Mary Anne Mousseau noted several other protesters
involved in the same incidents have had charges withdrawn upon completing
a court-approved diversion – community service – for their offences.

Two other protesters, Leah Henderson, 22, and David Sone, 28, had charges
of mischief put over until March 12.

Howse said it was the Swains’ fifth appearance in court on the charges and
he expected the matter to be dealt with on Monday.

Justice McKay told the Swains their options were to plead guilty, plead
not guilty and set a date for trial, or arrange to discuss their matters
with Kenora Crown attorney Richard Cummine, who is handling their cases.

The threesome told the judge they didn’t want to take any of these options.

As a result, McKay adjourned their cases to Feb. 26 to set a date for
trial in front of Justice Fraser. He also recommended that Cummine attend
court that date to deal with the charges.

A total of 21 protesters were charged – mainly with mischief – in the two
blockades.