Jailing of KI 6 leaders was deemed a harsh punishment

After eight of their own spent time behind bars earlier this year for standing up for their land, First Nations leaders in Ontario are lauding a ruling made by the province's Court of Appeal, and the reasons behind the court's decision.
"We're very pleased by the decision and the reasons that they outline," said Alvin Fiddler, Deputy Grand Chief of the Nishnawbe Aski Nation (NAN), an organization representing 49 First Nation communities in an area covering two thirds of the province of Ontario.
NAN had intervener status at the Court of Appeal, which overturned the sentences of leaders from both the Ardoch Algonquin and Kitchenuhmaykoosib Inninuwug First Nations, who were jailed in relation to land disputes with the provincial government.
"It's in the actual document there that the punishment that they received was too harsh," Fiddler said.
Both of the First Nations were involved with disputes over territorial rights, alleging the government failed to properly consult and accommodate them before giving permission for mining companies to begin operations on their traditional lands.
The disputes reached a head earlier this year, when by staging peaceful protests leaders violated court orders to allow the companies onto the lands - two people from Ardoch Algonquin and six from Kitchenuhmaykoosib Inninuwug were each sentenced to six months in jail and heavy fines were imposed.

"It's unconscionable that this happened," Fiddler said. "The government put leaders in jail rather than having a meaningful negotiation with the community.
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"And I think it speaks volumes to the attitude of this government with respect to First Nations people in Ontario."
In May, the Court of Appeal overturned the sentencing, freeing the leaders. The court released the reasons for its decision at the beginning of July, giving the same reasons in regards to both disputes.
The court found that jailing First Nation leadership in a land dispute with the Crown was"too harsh" and should only be used as a last resort.
"The use of incarceration as the first response to breach of the injunction dramatically marginalizes the significance of aboriginal law and aboriginal rights. Second, imposing a lengthy term of imprisonment on a first offender fails to recognize the impact of years of dislocation," the judges wrote. "There was no need to bring down the hammer of long jail sentences and very substantial fines. "In my view, the court has set a different and higher standard for granting injunctions when cases involve restricting asserted Aboriginal and treaty rights. The decision sends a strong message to the Ontario government that negotiation, not incarceration, is the best way to reconcile the claims of our Aboriginal communities with the rights of the Crown," Julian Falconer, a lawyer who represented NAN at the appeal, said in a statement.
The decision puts more pressure on the province to work with First Nations in a "respectful fashion and true partnership," Fiddler said.
"It's not just this court decision. Other decisions at the supreme court level tell governments to not only consult First Nations but to accommodate their interests when it comes to development in their territories," he said.
But the issues that led to the jailings in the first place are still there, Fiddler added.
"The fact that they're out of jail doesn't mean that the issues have been resolved. We're waiting for the Ontario government to begin a respectful process to work with First Nations to resolve these issues so that the jailing of leaders shouldn't happen again to anybody," he said. "First Nations people were willing to defend their rights, to defend their land, even if they're being threatened with heavy fines or jail terms," he continued. "We're not willing to put up with this any longer. And we've been encouraged by First Nations people across the country, and I think that should tell government not just in Ontario but Canada that First Nations people are standing united and defending their land and their treaties."