freedom for Shawn Brant Mohawk activist accused of mischief,breaching bail
aware press | 29.08.2007 15:00
Brant's preliminary hearing begins
Jeremy Ashley
The Intelligencer
Local News - Monday, August 27, 2007
Updated @ 6:08:17 PM
http://www.intelligencer.ca/webapp/sitepages/content.asp?contentid=670184&catname=Local+News&classif=News+Live
NAPANEE — A preliminary inquiry into criminal charges against Shawn Brant
began Monday with much less fanfare than his previous court appearances.
The 42-year-old Mohawk protester was brought from the Napanee Detention
Centre for a court appearance that was markedly less theatrical than
previous appearances in court here. There were, as in many previous
appearances, no protesters outside, nor were there any supporters in the
public gallery as Brant was quietly led handcuffed and shackled to the
prisoner's box shortly after 9:30 a.m. wearing a worn white T-shirt,
camouflage pants and work boots.
By 11 a.m., however, there were about a dozen people who appeared to
support Brant in the courtroom, but they were a subdued group.
What wasn't different about Brant's latest appearance was the heavy police
presence at the County Memorial Building — there were a number of Ontario
Provincial Police officers scattered throughout the Dundas Street West
site and visitors were searched and scanned with metal detectors before
being allowed into the courtroom.
Brant is facing nine criminal charges in connection with various protests
over the past nine months — breaching conditions imposed after he was
charged with uttering death treats at a Deseronto protest last November,
leading a group of Mohawk protesters that obstructed the main CN Rail line
in April and for his role in what police charge was co-ordinating the
blockade for National Aboriginal Day of Action on June 29 that blocked a
large section of County Road 2, two CN Rail line crossings and propmpted
police to close part of Highway 401 between Belleville and Napanee.
His stated goal during the events was to increase awareness of aboriginal
land claims, native poverty and conditions on reserves.
Brant, the only one of his group arrested for his part in those incidents,
is charged with six counts of mischief exceeding $5,000, two counts of
breaching his recognizance and one count of failing to obey a court order.
Three days have been set aside for the preliminary hearing, which is held
to determine if there is enough evidence to warrant a trial.
The inquiry began shortly before 10 a.m., with presiding Justice Robert
Fournier granting a request from Brant's lawyer Peter Rosenthal asking if
his client could sit at the defence table without restraints.
Brant, looking pale, remained composed throughout the day, often watching
the proceedings intensely or taking notes.
With what he termed his second "housekeeping" matter, Rosenthal criticized
security measures enacted by the OPP, particularly those from Brant's last
two bail hearings, which were held at the Superior Court of Justice
courthouse on Thomas Street East in Napanee.
The Toronto-based lawyer questioned the "quite unusual security
precautions" taken by police during the hearings, including asking
visitors to sign a guest book and to be videotaped before entering the
courtroom.
"Many people thought they were being investigated," Rosenthal contended.
"Many planned to attend (today), but didn't."
In dismissing the complaint, Fournier said security "is often complex" and
"it's not within my jurisdiction to police the police."
Then, in what is contrary to normal practice for a defence lawyer,
Rosenthal argued against the Crown's motion of having a publication ban
put in place during the inquiry.
Typically, the accused in a case asks for a ban on publicity during
preliminary inquiries — a move the judge is required to grant if sought by
the defence.
Crown attorney Robert Morrison said the Brant matter was an "emotional
type of case" and a ban must be enacted in order to protect the integrity
of jury selection, if the matter is to go to trial.
Rosenthal, meanwhile, said the Crown presented "all sorts of inflammatory
evidence" during the two previous bail hearings, which didn't have any
bans on content.
"To argue for a publication ban now, given that, is a bit odd," he said.
In handing down his decision to enact a ban, Fournier said any information
presented during a bail review "has no consequence ... I do have a
responsibility to protect the integrity of this process."
----------------
Security tight as inquiry opens;
Mohawk activist Shawn Brant accused of mischief, breaching bail
Frank Armstrong
Local news - Tuesday, August 28, 2007 @ 00:00
http://www.thewhig.com/webapp/sitepages/content.asp?contentid=671085&catname=Local%20news&classif=
A preliminary inquiry for a Mohawk activist accused of mischief and
breaching his bail conditions by leading two railway blockades and
disrupting traffic on Highway 401 earlier this year began yesterday.
Shawn Brant, 43, faces nine criminal charges in relation to the
disruptions - one in April in the Napanee area and three in June in the
Deseronto area.
Mohawks and their supporters ran a 30-hour blockade on the CN Rail tracks
in Napanee on April 20 to protest the operation of a gravel quarry on land
subject to negotiations between the Mohawks of the Bay of Quinte and the
federal government.
They blocked the CN tracks again on June 28 and 29 as part of a national
aboriginal day of action on June 29 to bring attention to problems faced
in First Nations communities, such as poor water quality, poverty and high
youth suicide rates. They blocked Highway 2 near Deseronto and forced
police to close off a stretch of Highway 401.
Security was unusually tight at yesterday's hearing in Napanee Court.
Spectators and witnesses entering the court had their bags searched and
about six uniformed OPP officers guarded the stairs and waiting area
outside the courtroom.
The officers also made people turn out their pockets and swept a metal
detector over each person.
Peter Rosenthal, Brant's Toronto lawyer, pointed out that unlike his
client's last court appearance when more than 100 supporters attended a
failed bail application, few of Brant's supporters came to court for him
yesterday.
Rosenthal said they were too intimidated to show up after the Aug. 10
hearing, when spectators were made to show photo ID and provide their date
of birth and were videotaped doing so. He accused police of abusing their
authority while conducting security.
"Security is acceptable in this day and age, but making people write down
their names and numbers is not," Rosenthal said outside the courthouse.
"When they do things like that, make people write down their name, address
and birthday and videotape them, they want to investigate supporters of
Mr. Brant, not do security."
Brant has been behind bars since July 5. He had been out on bail after
being arrested for the April railway blockade.
He's alleged to have violated a condition of his bail that forbade him
from inciting or participating in illegal protests that blocked
thoroughfares.
Justice D.K. Kirkland decided Brant couldn't be trusted to respect the
courts and locked him away while legal proceedings continue.
The preliminary hearing is scheduled to last three days. It is intended to
satisfy the judge as to whether there is enough evidence for Brant to
stand trial in a higher court.
Brant has elected to be tried by judge and jury.
When the preliminary hearing wraps up tomorrow afternoon, Rosenthal said
he will again appeal to the court to let his client out on bail.
Rosenthal has compared Brant to Martin Luther King.
A civil rights lawyer and mathematics professor at University of Toronto,
Rosenthal, told the Whig-Standard he took Brant's case because he believes
in Brant's stated mission to create awareness of aboriginal poverty and
oppression.
"In my view, the protest that they did was very justified in light of the
horrors that have been done to them," he said. "I hope the Canadian
government starts to really rectify some of those injustices so that
protests are not required in the future."
Several Crown witnesses presented evidence at yesterday's hearing,
including lead investigator OPP Det. Const. Doug Weiss and Sgt. Kristine
Rae, community services co-ordinator for the OPP in Eastern Ontario.
Managers from CN Rail also took the stand, but no evidence can be
published because evidence at preliminary inquiries is generally forbidden
under publication bans.
The hearing continues today.
OPP commissioner Julian Fantino is expected to testify tomorrow.
Brant's trial date may be set this week.
--
"i see dogs eating dogs everyday and now i have to kill everybody for money"
-christopher cooke
_______________________________________________
six_nations_info mailing list
six_nations_info@masses.tao.ca
https://masses.tao.ca/lists/listinfo/six_nations_info
Jeremy Ashley
The Intelligencer
Local News - Monday, August 27, 2007
Updated @ 6:08:17 PM
http://www.intelligencer.ca/webapp/sitepages/content.asp?contentid=670184&catname=Local+News&classif=News+Live NAPANEE — A preliminary inquiry into criminal charges against Shawn Brant
began Monday with much less fanfare than his previous court appearances.
The 42-year-old Mohawk protester was brought from the Napanee Detention
Centre for a court appearance that was markedly less theatrical than
previous appearances in court here. There were, as in many previous
appearances, no protesters outside, nor were there any supporters in the
public gallery as Brant was quietly led handcuffed and shackled to the
prisoner's box shortly after 9:30 a.m. wearing a worn white T-shirt,
camouflage pants and work boots.
By 11 a.m., however, there were about a dozen people who appeared to
support Brant in the courtroom, but they were a subdued group.
What wasn't different about Brant's latest appearance was the heavy police
presence at the County Memorial Building — there were a number of Ontario
Provincial Police officers scattered throughout the Dundas Street West
site and visitors were searched and scanned with metal detectors before
being allowed into the courtroom.
Brant is facing nine criminal charges in connection with various protests
over the past nine months — breaching conditions imposed after he was
charged with uttering death treats at a Deseronto protest last November,
leading a group of Mohawk protesters that obstructed the main CN Rail line
in April and for his role in what police charge was co-ordinating the
blockade for National Aboriginal Day of Action on June 29 that blocked a
large section of County Road 2, two CN Rail line crossings and propmpted
police to close part of Highway 401 between Belleville and Napanee.
His stated goal during the events was to increase awareness of aboriginal
land claims, native poverty and conditions on reserves.
Brant, the only one of his group arrested for his part in those incidents,
is charged with six counts of mischief exceeding $5,000, two counts of
breaching his recognizance and one count of failing to obey a court order.
Three days have been set aside for the preliminary hearing, which is held
to determine if there is enough evidence to warrant a trial.
The inquiry began shortly before 10 a.m., with presiding Justice Robert
Fournier granting a request from Brant's lawyer Peter Rosenthal asking if
his client could sit at the defence table without restraints.
Brant, looking pale, remained composed throughout the day, often watching
the proceedings intensely or taking notes.
With what he termed his second "housekeeping" matter, Rosenthal criticized
security measures enacted by the OPP, particularly those from Brant's last
two bail hearings, which were held at the Superior Court of Justice
courthouse on Thomas Street East in Napanee.
The Toronto-based lawyer questioned the "quite unusual security
precautions" taken by police during the hearings, including asking
visitors to sign a guest book and to be videotaped before entering the
courtroom.
"Many people thought they were being investigated," Rosenthal contended.
"Many planned to attend (today), but didn't."
In dismissing the complaint, Fournier said security "is often complex" and
"it's not within my jurisdiction to police the police."
Then, in what is contrary to normal practice for a defence lawyer,
Rosenthal argued against the Crown's motion of having a publication ban
put in place during the inquiry.
Typically, the accused in a case asks for a ban on publicity during
preliminary inquiries — a move the judge is required to grant if sought by
the defence.
Crown attorney Robert Morrison said the Brant matter was an "emotional
type of case" and a ban must be enacted in order to protect the integrity
of jury selection, if the matter is to go to trial.
Rosenthal, meanwhile, said the Crown presented "all sorts of inflammatory
evidence" during the two previous bail hearings, which didn't have any
bans on content.
"To argue for a publication ban now, given that, is a bit odd," he said.
In handing down his decision to enact a ban, Fournier said any information
presented during a bail review "has no consequence ... I do have a
responsibility to protect the integrity of this process."
----------------
Security tight as inquiry opens;
Mohawk activist Shawn Brant accused of mischief, breaching bail
Frank Armstrong
Local news - Tuesday, August 28, 2007 @ 00:00
http://www.thewhig.com/webapp/sitepages/content.asp?contentid=671085&catname=Local%20news&classif= A preliminary inquiry for a Mohawk activist accused of mischief and
breaching his bail conditions by leading two railway blockades and
disrupting traffic on Highway 401 earlier this year began yesterday.
Shawn Brant, 43, faces nine criminal charges in relation to the
disruptions - one in April in the Napanee area and three in June in the
Deseronto area.
Mohawks and their supporters ran a 30-hour blockade on the CN Rail tracks
in Napanee on April 20 to protest the operation of a gravel quarry on land
subject to negotiations between the Mohawks of the Bay of Quinte and the
federal government.
They blocked the CN tracks again on June 28 and 29 as part of a national
aboriginal day of action on June 29 to bring attention to problems faced
in First Nations communities, such as poor water quality, poverty and high
youth suicide rates. They blocked Highway 2 near Deseronto and forced
police to close off a stretch of Highway 401.
Security was unusually tight at yesterday's hearing in Napanee Court.
Spectators and witnesses entering the court had their bags searched and
about six uniformed OPP officers guarded the stairs and waiting area
outside the courtroom.
The officers also made people turn out their pockets and swept a metal
detector over each person.
Peter Rosenthal, Brant's Toronto lawyer, pointed out that unlike his
client's last court appearance when more than 100 supporters attended a
failed bail application, few of Brant's supporters came to court for him
yesterday.
Rosenthal said they were too intimidated to show up after the Aug. 10
hearing, when spectators were made to show photo ID and provide their date
of birth and were videotaped doing so. He accused police of abusing their
authority while conducting security.
"Security is acceptable in this day and age, but making people write down
their names and numbers is not," Rosenthal said outside the courthouse.
"When they do things like that, make people write down their name, address
and birthday and videotape them, they want to investigate supporters of
Mr. Brant, not do security."
Brant has been behind bars since July 5. He had been out on bail after
being arrested for the April railway blockade.
He's alleged to have violated a condition of his bail that forbade him
from inciting or participating in illegal protests that blocked
thoroughfares.
Justice D.K. Kirkland decided Brant couldn't be trusted to respect the
courts and locked him away while legal proceedings continue.
The preliminary hearing is scheduled to last three days. It is intended to
satisfy the judge as to whether there is enough evidence for Brant to
stand trial in a higher court.
Brant has elected to be tried by judge and jury.
When the preliminary hearing wraps up tomorrow afternoon, Rosenthal said
he will again appeal to the court to let his client out on bail.
Rosenthal has compared Brant to Martin Luther King.
A civil rights lawyer and mathematics professor at University of Toronto,
Rosenthal, told the Whig-Standard he took Brant's case because he believes
in Brant's stated mission to create awareness of aboriginal poverty and
oppression.
"In my view, the protest that they did was very justified in light of the
horrors that have been done to them," he said. "I hope the Canadian
government starts to really rectify some of those injustices so that
protests are not required in the future."
Several Crown witnesses presented evidence at yesterday's hearing,
including lead investigator OPP Det. Const. Doug Weiss and Sgt. Kristine
Rae, community services co-ordinator for the OPP in Eastern Ontario.
Managers from CN Rail also took the stand, but no evidence can be
published because evidence at preliminary inquiries is generally forbidden
under publication bans.
The hearing continues today.
OPP commissioner Julian Fantino is expected to testify tomorrow.
Brant's trial date may be set this week.
--
"i see dogs eating dogs everyday and now i have to kill everybody for money"
-christopher cooke
_______________________________________________
six_nations_info mailing list
six_nations_info@masses.tao.ca https://masses.tao.ca/lists/listinfo/six_nations_info
aware press