The following footage dates from March 2008, when Justice Douglas Cunningham dropped charges for white protesters and settlers, however, members of the Ardoch Algonquin First Nation and Kitchenuhmaykoosib Inninuwug (KI) First Nation remained jailed. After 105 days of imprisonment, part of it in a high security facility, Robert Lovelace was freed by a Toronto appeal judge on May 27th.
Quote of The Kingston Whig Standard article:
"The Appeal Court judges expressed some shock not only at the length of Lovelace's sentence, but also that aboriginal law was not considered.
Appeal Court Justice Kathryn Feldman suggested that aboriginal law should be incorporated when considering cases that involve Canada's aboriginal people.
Section 35 of the Constitution Act, which says "the existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed," seems to support this suggestion.
It wouldn't be the first time the federal government has taken such action. When the British conquered the French in North America, they allowed them to keep their civil law.
Lovelace claimed he had to defy the judge's injunction because it was his duty under Algonquin law to protect the land from the damage caused by uranium mining.
The Ardoch Algonquins believe the British left the land where the mine site is, as well as a large part of the Ottawa Valley, to their people as part of a 1763 agreement called the Royal Proclamation.
After being released Wednesday, Lovelace said the struggle of the Ardoch Algonquins is not with the prospecting company but with the provincial government and its antiquated mining act, which allows private companies to prospect and mine on people's property without consultation or permission.
"I think we need to sit down and talk to Frontenac Ventures," he said.
Frontenac Ventures founder George White couldn't be reached yesterday."
(End of quote of Kingston Whig Standard)
In the meantime, First Nations Law expert Micheal Swinwood, who represents Ontario and Quebec Algonquins, hopes to bring the ignorance of Aboriginal rights in Ontario to the attention of federal authorities:
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