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Three Gitksan chiefs who defied a court injunction against a blockade on CN rail tracks on the Gitwangak reserve were given four-month suspended sentences earlier this month.
The sentence was handed down by Supreme Court Justice Sherman Hoo in Smithers, south of the reserve, to Wii Seeks (Ralph Mitchell), Goo'Zagen (Art Loring,) and Luu Hon (Guy Morgan.) The three chiefs had volunteered to be arrested rather than abandon the blockade.
"The community is a modern, civilized society where decision making was by consensus. The three men are good, responsible, active citizens and fully aware of their obligations to the community. Each man has promised to sign an undertaking" not to return to the blockade, said Justice Hood in handing down the sentences.
The blockade was erected on Sept. 16, halting all train traffic between Prince George and Prince Rupert for days.
Band members were protesting the transfer of assets, which included timber rights and a super mill called Carnaby, from Westar Timber to Repap, a Montreal firm.
At the time of the transfer, forestry minister Dan Miller was on a leave of absence from Repap, where he worked as a mill wright for 12 years. An NDP government investigation found he was in a slight conflict of interest and B.C. Premier Mike Harcourt suspended him without pay for three months.
The transfer forced the closure of two smaller mills, Rim and reserve-based Westar Kitwanga.
About 110 people were put out of work by the closure, which brought the unemployment rate to 90 per cent. The financially troubled Westar owes these workers severance pay but no one has yet received any money, said Gitksan spokesman Don Ryan.
Gitwangak's social assistance budget increased from $300,000 to $816,000 in 1992, but there has been no approval for additional funds from the Department of Indian Affairs.
Events leading up to the injunction were ""catastrophic results of the mill's shut-down where economy changed from well being to one of insecurity," said Justice Hood.
"The men saw their community destroyed despite reasonable efforts on their part in negotiations with the provincial government....However, the community must appreciate our rule of law. It cannot be scorned."
The three chiefs acted on behalf of their people to protect their land and bring their concerns to light. They were also protesting the federal and provincial governments' refusal to negotiate the management of resources on Gitksan-Wet'su'wet'en territories and the 90 acres taken in 1910 with no compensation by the CN rail line, which cuts through the Gitwangak village.
"CN is trespassing. Their title is null and void. This is our land and we are responsible for it. There has never been any consent to intruders on our lands. This is why we are in court," said Gitwangak spokesman Glen Williams.
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