On October 12, Mohawk spokesperson Shawn Brant of Tyendinaga appeared in court to finalize the details of his
impending trial. Released on bail after spending two months in pre‑trial custody, Brant faces nine charges in relation to two blockades, one in April 2007, and the other during the Aboriginal National Day of Action on June 29, 2007. Included in these are six "mischief" charges, which the Crown has elected to proceed on by indictment.
The Ottawa‑based Crown, Robert Morrison, indicated that he intends to seek a minimum of 2 years imprisonment per charge, for a minimum sentence of 12 years in a federal penitentiary.
Until the trial, Brant will continue to live under bail conditions that include a curfew, inability to leave the province of Ontario, and a ban from attending any protest of any kind.
Meanwhile, the reclamation of the quarry and the fight for the return of the Culbertson Tract to Mohawks of Tyendinaga - the land that lies at the heart of the recent blockades and actions - continues to hold strong. Dozens of trailers and families are living fulltime on the quarry land, making preparations for the winter.
A statement from the Tyendinaga Support Committee says that "The severity of the prison time being sought by the Crown indicates the punishment the Canadian state is prepared to inflict on First Nations people who struggle for their land and their
communities. Clearly, the gravity of this possible sentence is proof that Shawn is being singled out, in an effort by the colonial authorities to crush First Nations' resistance. The community of Tyendinaga has, through working to re‑establish a longhouse, self-governance, and economic self‑sufficiency, long been a thorn in the side of the Canadian state, and its project of oppression and genocide of First Nations peoples.
"Asking for twelve years prison time is not about the blockades of this summer. It is about sending a loud message to First Nations people who are not interested in submitting to the exploitation of their lands and resources, nor the continued denigration and suffering of their communities."
The Tyendinaga Support Committee is appealing for supporters to send letters to the Attorney General of Ontario, the Minister of Indian Affairs, and the Head Office of CN Rail, to call for the following: drop the charges against Shawn Brant; CN Rail to abandon its multi‑million dollar lawsuits against Shawn Brant; Jason Maracle, and Tara Green; the return of all lands that rightfully belong to the Mohawks of the Bay of Quinte; a commitment to negotiate land claims issues in good faith; and a "meaningful dialogue to end the exploitation of First Nation lands and resources." (For more information, see www.ocap.ca/supporttmt.html.)
The prosecution position has been condemned in a statement by the Central Executive Committee of the Communist Party of Canada. The CEC says, "The legal attack against Shawn Brant is an escalation of state repression against Aboriginal peoples who use militant tactics in the struggle to recover their stolen lands. The strategy of jailing indigenous activists is part and parcel of the Tories so-called `law and order' agenda, designed to crush democratic opposition to their neoliberal policies. This tactic amounts to a declaration of war against Aboriginal peoples. Instead, the federal and Ontario governments must be compelled to drop all charges against Shawn Brant, and enter into serious negotiations for swift, fair and just settlement of this and other disputes."