Kenora Daily Miner and News

Sovereignty argument rejected in case of blockaders

September 11, 2007 By Mike Aiken

After noting the members of area First Nations took part in band council elections and used local infrastructure, such as health and social services, Fraser pointed to a paragraph in the treaty which he said covered subjects of the Crown.

The judge’s comments related to the case against three protesters involved in two blockades last summer. Adrienne Swain, 27, of Grassy Narrows was found guilty of mischief in Kenora provincial court Monday after she was identified as one of a group of demonstrators involved in a roadblock along the English River Road on July 25.

Since she was unable to attend the court proceedings, due to illness, the sentencing was postponed until Oct. 22.

However, charges against two other Grassy Narrows residents were dismissed, after the Crown was unable to show they actively disobeyed police.

OPP officers weren’t able to properly distinguish between Bonnie Swain, 32, and her sister Chrissy Swain, 27. Without a proper identification, or direct evidence they had deliberately failed to obey the law during the July 25 protest, the charges against both were dropped.

The defence argued the provincial court didn’t have jurisdiction over matters involving international law, as they related to treaties.

A sentence involving community service and probation is expected.