[IPSM] Globe & Mail: CN sues protesters over blockades: Aboriginal leader named in lawsuit says aggressive legal action won't stop land protests

[samir]

-------- Original Message --------
Subject: 	[tmt_support] Globe&Mail: CN sues protesters over blockades: 
Aboriginal leader named in lawsuit says aggressive legal action won't 
stop land protests
Date: 	Fri, 27 Mar 2009 09:21:30 -0400
From: 	TMT Support



** stay tuned for upcoming actions and events around the court date on
April 7th, 2009 **

CN sues protesters over blockades:
Aboriginal leader named in lawsuit says aggressive legal action won't
stop land protests

KIRK MAKIN
March 27, 2009
JUSTICE REPORTER
Globe and Mail

In an aggressive response to a series of train-track blockades in
2007, Canadian National Railways is suing three aboriginal activists
for disrupting its flow of business.

CN alleges the blockades intimidated employees, dislocated the flow of
rail traffic, precipitated layoffs and caused "significant economic
damages due to compounded delays in delivery of bulk commodities and
goods."

However, an aboriginal leader targeted in the lawsuit, Shawn Brant,
said yesterday that CN is naive to believe heavy-handed legal action
will deter activists from protesting its role in wrongfully
expropriating and exploiting aboriginal land.

"This a strong community, and I don't think CN or its pursuit of this
lawsuit is going to push this community back into suffering in silence
any more," Mr. Brant said in an interview. "Our power isn't in
appealing to people's compassion and compelling them to feel sorry
because we live like this. Our power exists in these rail lines that
run through our communities."

Mr. Brant said more than 430 native communities have a railway running
through or close to them. "Our land was used for these things because
it was cheap and nobody else wanted these things running through their
communities," he said.

His Tyendinaga Mohawk nation, near Deseronto, Ont., remains committed
to using "any and all means in order to force this government and
future governments to do the right thing for first nations people who
are living in squalor," Mr. Brant said.

"If that means targeting this economy or shutting down a railway, we
have shut it down three times and the likelihood is that we'll shut it
down again."

In a statement of claim for CN, lawyer Christopher Bredt alleges that
on April 21, 2007, the protesters ignored a court order to dismantle
one of their blockades.

"The blockades have caused damages through increased yard congestion
at CN's facilities, including increased costs of yard crew
activities," it adds. "The blockades have caused damages through loss
of revenue to CN and increased costs for CN's customers."

A $10-million countersuit filed by the defendants' lawyer, Peter
Rosenthal, alleges that CN should be punished for trespassing; causing
noise, water and air pollution; and scaring away game.

Mr. Rosenthal said in an interview the defence will focus on showing
the defendants were justified in defending their community.

"Participation in actions such as the blockades is a healthy reaction
to the history of exploitation of first nations people and can help to
lessen the number of suicides among first nations people," he said.

Mr. Brant said he expects to lose the lawsuit "and owe them a couple
of hundred million dollars. They can take my old-age security until
the day I die - and I'm sure they will. It doesn't really scare me at
all. I guess they just want to scare the rest of the community."