The Two Row Wampum makes a trip to Toronto!

The Ontario Court of Appeal this week addressed the "procedural unfairness" in the criminal contempt proceedings against Six Nations people arrested in the April 20 OPP raid.

Court of Appeal: Decision

2. The Rule of Law

[140] Throughout his reasons the motions judge emphasized both the importance of the rule of law and his view that “the rule of law is not functioning in Caledonia” and “the law has not been enforced.” As we said in our reasons on the stay motion, no one can deny the importance of the rule of law in Canada . The preamble to our Constitution states that Canada is founded on principles that recognize the rule of law. The Supreme Court of Canada has said that it is one of our underlying constitutional values. See Reference re Secession of Quebec, [1998] 2 S.C.R. 217; and Reference re Resolution to Amend the Constitution, [1981] 1 S.C.R. 753.

[141] But the rule of law has many dimensions, or in the words of the Supreme Court of Canada is “highly textured.” See Reference re Resolution to Amend the Constitution, supra, at 805. One dimension is certainly that focused on by the motions judge: the court’s exercise of its contempt power to vindicate the court’s authority and ultimately to uphold the rule of law. The rule of law requires a justice system that can ensure orders of the court are enforced and the process of the court is respected.

[142] Other dimensions of the rule of law, however, have a significant role in this dispute. These other dimensions include respect for minority rights, reconciliation of Aboriginal and non-Aboriginal interests through negotiations, fair procedural safeguards for those subject to criminal proceedings, respect for Crown and police discretion, respect for the separation of the executive, legislative and judicial branches of government and respect for Crown property rights.

[143] It seems to me that in focusing on vindicating the court’s authority through the use of the contempt power, the motions judge did not adequately consider these other important dimensions of the rule of law.

'Procedural fairness' would also suggest a change of venue for remaining criminal proceedings, I would think?

[ 15 December 2006: Message edited by: saga ]

[ 08 January 2007: Message edited by: saga ]

[ 08 January 2007: Message edited by: saga ]

Starts at 4:45
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Six Nations Haudenosaunee Confederacy, currently in negotiations with the federal government regarding title of the Haldimand Tract, are also asserting sovereignty. Recently, this was finally acknowledged in a public meeting by the federal government negotiator: "You are allies, not subjects."

This is a huge shift in government thinking, and no doubt only because of irrefutable evidence. Sovereignty has been ignored by Canada, and now all documents and transactions must be legally reviewed in this new light.

Trevor Miller and all other aboriginal people charged as a result of incidents during the land reclamation in Caledonia, are claiming Canada lacks jurisdiction due to their sovereign nation status.

These will be interesting cases to watch.

Trevor is still in jail ... 5 months now. He was denied bail once, and since then there has been collossal bungling. In court again today, Trevor was sent back to jail for another month BECAUSE THE COURT TRANSCRIPTS ARE NOT READY. They were promised for December 20.

I think it is clear now that Trevor is serving his time BEFORE his trial.