Lonefighter's lawyer told to get help

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Milton Born With A Tooth's appeal of his convictions on several weapon offences was delayed when Appeal Court Justice Roger Kerans suggested lawyer Karen Gainer was too personally involved in the case.

"Now the courts are interfering with my choice of lawyers," said Born With A Tooth following his 15 minutes in court on June 17.

Gainer is appealing her client's 18-month sentence on four grounds. She contends Queen's Bench Justice Lawrence MacLean hindered her defence of Born With A Tooth by being overbearing, rude and increasing accusatory as the trial proceeded.

Before she could begin her arguments, judge Kerans suggested Gainer let another lawyer handle that aspect of the appeal.

"A counsel who is not personally involved can make points a counsel who is personally involved can't make," Kerans said.

Born With A Tooth is leader of the Lonefighter's Society on the Peigan Reserve in southern Alberta. In September 1990 the Lonefighters dug a trench on the reserve in an effort to divert water away from the Oldman dam.

He was convicted in March 1991 of six firearms offences after a shot was fired in warning to RCMP officers who were escorting construction workers on to the site of the diversion to fill in the ditch.

Supporters of Born With A Tooth, Alberta environmentalists and observers from several national human rights group were on hand at the hearing.

"It's absolutely evil to use public tax dollars to open an illegal and unnecessary project. Shut the damn dam down," said Diane Pachal, spokesperson for the Alberta Wilderness Association.

Last month, a federal review panel recommended against opening the dam until steps were taken to protect the environment and Peigan culture.

Ottawa said it won't follow the recommendation. Transport Minister Jean Corbeil said the government was confident Alberta had taken enough measure to avoid negative impacts.