Milton Gets 18 months

Page 1

Angry Natives storm from courtroom

Defiant Native stormed out of a Lethbridge courtroom as Lonefighters Society leader Milton Born With A Tooth was sentenced to 18 months behind bars on six weapons charges.

Angry Native shouted "immigrant go home, white man's justice, this is bullshit and southern Alberta redneck justice" at Justice Laurie MacLean as he passed sentence in front of a packed courtroom March 25.

The judge advised the angry protesters to "direct your energy to abiding by the rule of law."

Kevin Daniels, wearing dark sunglasses and dressed in combat attire, approached the judge, drew an imaginary rifle and with a militant smirk said, "I guess I'll be next."

After the sentencing, Daniels of the Assembly of Aboriginal People in Saskatchewan, told Windspeaker "it's going to be a hot summer. We don't have a future, the land is our future. Multinational corporations are taking what belongs to Mother Earth."

MacLean sentenced Born With A Tooth to concurrent terms of six months each for possession of a weapon dangerous to the public peace, assault with a weapon and two counts of assaulting a peace officer.

Born With A Tooth was also sentenced to concurrent one-year terms for obstructing a peace officer with a weapon and committing an indictable offence by using a weapon while committing an assault.

The one-year sentences will be served consecutive to the six-month sentences. MacLean said he took the four months Born With A Tooth has already served into consideration. After four bail hearings, Born With A Tooth was released on his fifth attempt Dec. 19.

Lonefighter Rave White Knife said she was "outraged Milton has to do more time. He did what he thought was right to protect our land."

MacLean said no one has the right "to further a cause by unlawful use of a firearm." He said Born With A Tooth didn't use the rifle "in spontaneous, impulsive situation, he had it (the rifle) with him all day."

Born With A Tooth faced eight weapons-related charges in connection with a Sept. 7 incident at the site of a diversion channel on the Peigan reserve downstream from the Oldman irrigation weir.

Shots fired when the RCMP escorted environment officials onto the site to inspect the breach of an irrigation dike by the Lonefighters. Born With A Tooth warned the RCMP they were trespassing on Peigan land.

At the sentencing MacLean ruled the land is owned by the Alberta government not the Peigan Nation.

But controversy surrounds ownership of the land. A permit was negotiated between the province and Peigan Nation in which the province only had the right of use of the land but ownership of the land was retained by the band. The certificate of title which gave the province ownership back in 1945 was never pulled so the 1979 permit and the title exist simultaneously causing the conflict of ownership.

"The government of Canada and the province signed the permit so surely the permit has to rule today," said Gainer.

The Alberta government paid $4 million for the permit and is paying rent on the land so "why should tax payers money be used to pay for land the province already owns?" Asked Gainer.

MacLean said he found "nothing in the conduct of the RCMP that invited or precipitated confrontation."

At that point, Born With A Tooth's sister Lorna stood up, looked squarely at the judge and shouted, "you weren't there."

The group opposes construction of the $350-million Oldman Dam on environmental, spiritual and treaty grounds.

The defense by Born With A Tooth's lawyer, Karen Gainer, centered around section 41 of the Criminal Code giving Canadians the right to defend against intruders on their property.

"Big deal, he pointed a gun. You are entitled to point weapons in defense of your property. If the jury had been able to hear that defense, they would have ho no choice but to find Milton not guilty," she said.

One count of pointing a firearm was dropped at the March 5 trial and a second count was later stayed because it overlapped with the chage of pointing a firearm while committing an indictable offence.

Although most Natives were appalled by the sentence, Mike Bruised Head, executive director of the Lethbridge Native friendship centre, said the judge was "put in a predicament. He represents his peers." Basically, the judge had no choice but to uphold the rule of law, said Bruised Head.

Following the two-hour sentencing 75 Native and non-Native protesters gathered outside the courthouse chanting slogans like "white man's justice" and "Free Born With A Tooth" while Lyle Morrisseau from Saskatchewan ripped a television journalist apart for "turning the case into a circus. You don't understand the issues, this is just a good news story for you. Stop exploiting it, lives are involved here."

Gainer is surprised the judge didn't impose a stiffer sentence on Born With A Tooth. Two of the charges carried a maximum penalty of 14 years.

Born With A Tooth may not have to spend very much time behind bars, said Gainer, because "we'll get him out on bail pending appeal."

Gainer will challenge the conviction on grounds of judicial interference and MacLean's refusal to allow the jury to hear the defense of property argument. Gainer said she's confident Born With A Tooth will be granted an appeal.

Gainer plans to make a bail application on April 2.