[IPSM] Update: Hollow Victory: Shawn Brant Acquitted of Threat Charges

[stef at tao.ca]

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  Hollow Victory: Shawn Brant Acquitted of Threat Charges
  Update: April 18, 2008
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  On Monday, April 14th, a trial involving highly political charges laid
  against Shawn Brant and two other Mohawks from Tyendinaga, ended in
  acquittals for two of the three charged.  The charges stemmed from a
  demonstration that was part of the struggle for the Culbertson Tract.

  Shawn Brant was found not guilty on Monday on three charges of
  uttering threats at soldiers during a 2006 demonstration against a
  proposed development on Mohawk land. Justice Charles Anderson, in
  Napanee, Ont., also cleared his co-accused Jerome Barnhart on two
  charges of uttering threats and one charge of mischief. Mario 'Skin'
  Baptiste Jr., was convicted of two counts of assault soldiers and one
  count of mischief for attacking a vehicle. Sentencing of Skin will
  occur after the completion of a pre-sentencing report, which could
  take eight weeks to prepare.

  These particular charges stemmed from an earlier demonstration around
  the Culbertson Tract, land which the federal government has long
  acknowledged rightfully belongs to the Mohawks but which is
  languishing at the negotiation table. On November 15th, 2006, Mohawks
  from Tyendinaga erected posters at the site of a proposed 140-home
  development project which was later scuttled due to Mohawk resistance
  to building on their land. During the protest, five Canadian Military
  vehicles were spotted traveling in a convoy through the reserve. In
  the context of the history of military involvement in policing Native
  protest across Canada, the convoy was seen as a veiled threat. The
  Mohawks blocked the vehicles' path with cars and trucks, eventually
  allowing the O.P.P. to escort the military away. No one was charged
  until two months later - just days after Shawn Brant announced that
  Tyendinaga Mohawks planned to take blockade actions as part of the
  upcoming June 29th Aboriginal Day of Action, the three Mohawks were
  charged.

  The defence attorney argued during this trial that the laying of these
  charges was politically motivated, in order to ensure that Shawn Brant
  would have outstanding legal issues before the Day of Action, and
  would likely be held without bail if he participated in any future
  blockades. After this week's acquittal, Shawn Brant told reporters, "I
  know it weighed heavy on the judges when I was denied bail on two
  different occasions." He went on to say, "I spent two months in jail
  because of this; I've been on conditions for 18 months.  To have them
  set aside like this is a hollow victory at best."  In addition, Shawn
  Brant is the sole Mohawk facing charges in connection with Tyendinaga
  Mohawks' highway and rail line blockades in April and June 2007. The
  latter blockades happened in conjunction with the Assembly of First
  Nations' National Day of Action.

  The political nature of this trial, and the on-going criminalization
  of Tyendinaga Mohawks around their struggle for the land, continues to
  be made clear through the heavy police presence each time the Mohawks
  appear in court. On Monday, OPP officers in tactical uniforms were
  stationed at the courthouse, and anyone entering was scanned with a
  metal detector. People attending the verdict were not allowed to bring
  cellphones inside, after being told that explosive devices could be
  smuggled in this way.

  Similar to previous occasions when Shawn Brant and other members of
  his community have gone to court in 2007 and 2008, this excessive
  security presence is repeatedly implemented in an effort to influence
  the outcome of the court proceedings, and is another form of
  intimidation and threat against people who are fighting for their
  land.

  A CBC documentary aired last month (see below for link), revealed that
  OPP Commissioner Julian Fantino had heavily armed tactical units on
  hand, to use lethal force against the Mohawks if necessary, in order
  to re-open Highway 401, which was shut down during the actions of June
  29th.  The OPP ignored the recommendations of the Ipperwash Inquiry
  Report, which resulted from Dudley George's death, and disregarded
  their common practice of obtaining injunctions before considering
  using force against indigenous occupations.

  The lengths to which the colonial state, cops, and courts are prepared
  to go, in their efforts to repress and destroy indigenous resistance
  and struggle for sovereignty, self-determination, and justice, is laid
  bare by these facts.  Shawn Brant goes to trial in January 2009,
  facing a possible 12 years in a federal penitentiary.

  The personal sacrifice and the tremendous price he stands to pay for
  his leadership and courage warrant our utmost efforts to ensure Shawn
  Brant does not go to trial isolated and unawares of the depth of
  respect and support that exists across Turtle Island, and how deeply
  tied the struggle for social justice must be with First Nations
  peoples.  It is vital that people of conscience act to support the
  Mohawks of Tyendinaga.

  The Tyendinaga Support Committee
  support.tmt at gmail.com

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  WHAT YOU CAN DO:

  1. Listen to the recent CBC radio documentary:
  The Long Hot Summer
  The Current CBC Radio 99.1FM
  Link to hear the documentary at:
  http://www.cbc.ca/thecurrent/2008/200803/20080326.html

  In June 2007, thousands of native Canadians turned out for the
  national Aboriginal Day of Action, a day of peaceful protest designed
  to educate non-native Canadians about the issues that plague native
  communities. Despite concerns of violence, the day came and went more
  or less peacefully. Those in power -- native and non-native --
  congratulated each other on how well it all went and concluded that
  the predicted "long, hot summer" of aboriginal discontent had been
  skillfully, peacefully and -- in the most Canadian of ways -- quietly
  averted. But that very nearly wasn't the case. And the day came closer
  than most people realize to ending with a violent confrontation.
  Freelance broadcaster Susanna Kelley investigated what happened that
  night.

  2.  Donate money to the Tyendinega Legal Defence Fund, which divides
  funds raised between Shawn's legal costs and maintaining the quarry
  reclamation site.  Cheques can be made out to "Tyendinaga Legal
  Defence Fund" and mailed to the address below.

  3.  Host a facilitated workshop or information session with a member of
  the Tyendinaga Support Committee. Contact us at support.tmt at gmail.com

  4.  Put forward a resolution in your local or organization in support
  of Shawn Brant and the struggle of the
  Tyendinaga Mohawk community to reclaim their land.

  5.  Officially endorse the TSC campaign to support Shawn Brant's legal
  defence and the quarry reclamation site by contacting us at
  supporttmt at gmail.com

  6.  In Toronto, contact us to become actively involved in the work of
  the TSC and come to one of our  meetings.

  7.  Visit our website to sign an online petition or to join our
  mailing list: http://www.ocap.ca/supporttmt.html

  Tyendinaga Support Committee
  c/o 10 Britain St.  Toronto ON
  M5A 1R6
  support.tmt at gmail.com
  http://www.ocap.ca/supporttmt.html