Innu beat trespassing charges

Page 4

On April 9, just outside courtroom N at Toronto's Old City Hall, about

20 people gathered during a court recess. The mood was surprisingly

upbeat, even though it was the third long day of hearings for nine

people charged with trespassing at the British and Dutch consulates in

Toronto.

By the end of the day, the defendants would be cleared of all charges

and impressed that Judge Robert Phillips permitted the case to carry

over for as long as it did.

"I thought this was going to take a day," said Lorraine Land, a

seasoned activist, coordinator for Aboriginal issues for Toronto's

Citizens for Public Justice and one of the demonstrators arrested at the

vigil. The hearing allowed supporters, expert witnesses and each

defendant to state their argument in detail.

The result was a thorough examination of the ongoing battle between the

Innu and Canada's Department of National Defence over low-level flight

trainging being carried out over Innu land in labrador.

The trespassing charges stem from an incident on Nov. 15, 1995 where

interfaith prayer vigils were held by Innu supporters at the consulates

in an attempt to put pressure on two of the NATO nations taking part in

the training. The demonstrator's aim was to peacefuly demand an

immediate response from both countries' ambassadors regarding the

contrinued use of the area under renewed 10-year contracts. The vigils

ended before either consulate offered official responses.

Canadina Forces Base Goose Bay and surrounding area has been the site

for NATO nations flight training since 1980. Pilots learn to pass

undetected through enemy radar by practising to fly their jets a mere 30

m from the ground at top speeds. The noise caused from such low flight

is piercing to the ears and alarming since there is little warning of

the aricraft's presence until it is directly above.

The ongoing case is well documented and one that seems to have worsened

in recent years. An environmental study, conducted over a nine-year

period by the DND, was intended to determine the effects low-level

flights have on nature and humans. But the report was assessed by the

Innu Nation and others to be filled with biased deficiencies and gross

omissions.

The report stated that there was no conclusive evidence that the

flights had any adverse effects on the environment or on humans-- a

difficult assessment to swallow considering the complaints lodged by

Innu over the years. Complaints include everyting from changed

migration routes of caribou and increased river pollution from aircraft

fuel emissions, to gowing levels of stress in children, who are

terrified by the aircraft noise.

Britain, the Netherlands, and Germany have been using the air space for

approximately 7,000 flights a year. Last March their contracts were

renewed for another 10 years. As well, Canada is currently pursuing

Italy, France, Spain, Portugal, and Belgium to sign on. If these nations

do, the number of flights is projected to dramatically increase to

18,000 annually.

During the court hearing, defence lawyer Peter Rosenthal called to the

stand the nine charged with trespassing on consulate grounds.

Rosethanthal also challed expert witnesses including Mel Watkins, an

economist from the University of Toronto; Peter Penashue, president of

the Innu Nation, long- term activist Elizabeth Penashue, and John

Othuis, council member of the Innu Nation. Community worker Kari

Reynolds, who was arrested in September, 1994 during a protest held on

the base in Goose Bay, took the stand and brought with her a mock bomb

she found at the base's simulated target area.

Presiding Judge Phillips concluded that according to the Criminial

Code, the demonstrators have acted in accordance with both a defence of

necessity and defence of justification.

"I hold that the defendants were forced to break the letter of the

law," he remarked, " in order to prevent a greater evil, that is, to

prevent the destruction of the Innu people and their basic human

rights."