Low-level flight training - April, 1996
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 and one of those facing prosecution. 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 training being carried out over Innu land in Labrador and an acquital for the defendents.
Judge Phillips concluded that according to the Criminal Code, the demonstrators 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."
The trespassing charges resulted from an incident on Nov. 16, 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 to pull out of the area. The demonstrators' aim was to peacefully demand an immediate response from both country's ambassadors regarding the continued use of the area under renewed 10-year contracts. The vigils ended before either consulate offered official responses.
Canadian 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 at a mere 30 m from the ground at top speeds. The noise caused from such low flights is piercing to the ears and alarming since there is little warning of the aircraft's presence until it is directly above.
The Innu believe the flights have adverse effects on the environment and humans. Complaints include everything from changed migration routes of caribou and increased river pollution from aircraft fuel emissions, to growing levels of stress in children who are terrified by the aircraft noise.
Britain, the Netherlands, and Germany have been using the air space for about 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.
Tax exemption upheld in New Brunswick court
By Kenneth Williams
Windspeaker Correspondent
FREDERICTON
On May 28, the New Brunswick Appeals Court ruled that a status Indian person can purchase goods and services off-reserve and not have to pay provincial sales tax if the items are to be used or consumed on-reserve.
The judges ruled that charging status Indians the PST contravened section 87(1)(b) of the Indian Act. Status Indians also no longer need to have the goods delivered to their reserve in order to be exempt from the PST.
A spokesman from the New Brunswick Department of Finance said the province has filed a leave to appeal this decision to the Supreme Court of Canada. The case is now being handled by the Department of Justice. Neither department would comment on the particulars of the court decision.
The court case is being carefully observed by several Native groups across Canada. For Dan Bellegarde, first vice-chief of the Federation of Saskatchewan Indian Nations, this case is being used as a benchmark for their negotiations with the government of Saskatchewan over the PST.
For Roger Obonsawin, president of the aboriginal-owned O.I. Group of Companies in Toronto, this is an opportunity for status Indians to assert their right to be exempt from the federal goods and services tax when making purchases off-reserve. According to Obonsawin, section 87 of the Indian Act does not appear to distinguish between GST and PST.
"Although the Court of Appeals decision deals with PST, we have received legal advice which states that there is no reason why this ruling should not apply to GST as well," wrote Obonsawin in a prepared statement.
The O.I. Group has gone so far as to compose a letter that can be presented to stores when purchasing goods off-reserve. The letter quotes the judges' decision and states that since the goods purchased are to be consumed on-reserve, they are GST exempt.
So far, Obonsawin hasn't received any feedback from people who have requested the letter.
"We've just been sending the information out," he said. The most requests for the letter have come from people in New Brunswick and Quebec. These provinces collect PST even on purchases made on-reserve.
Revenue Canada insists that purchases made off-reserve are not GST exempt.
"There has been no legislative changes made to exclude [status Indians] from paying GST off-reserve," said Gord Luchia from Revenue Canada Calgary. "Until that court case is heard, it will be business as usual."
Indian Affairs is taking a wait and see approach and will not adopt an official position until the Supreme Court decides on the appeal.
But as far as Obonsawin is concerned, the sales tax exemption "applies, unless it gets overturned in the appeal." Store owners are breaking the law if they insist on charging the GST to status Indians.