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Crown backs down on Site 41 charges

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In Simcoe County
Dec 4th, 2009
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By Nicole Million Barrie Advance
MIDLAND – Mischief charges against two Tiny Township seniors involved in a summer protest at Site 41 were dropped Dec. 3 in Midland court.
In addition, charges of mischief – and, in three cases, intimidation – against 16 other protesters were stayed, which means they will be withdrawn after one year as long as they do not get into trouble at Site 41 again.
“In effect, these charges are ended. A year from now, they’ll be officially ended,” lawyer Peter Rosenthal, who represented a number of the protesters, stated in a news release.
The charges against Keith and Ina Woods were withdrawn on compassionate grounds given illness and age, Crown attorney Michael Cantlon told Justice Robert Main.
Ina Wood, who remains in Midland hospital after suffering a stroke Nov. 17, said in a news release she regretted the immediate withdrawal of charges against her and her husband hadn’t been extended to everyone.
“I think they need to make up their minds more quickly; they don’t have to drag their heels so much,” she said. “They’re keeping everyone on a leash and it’s not fair. We were only doing our Canadian duty.”
Vicki Monague, who served as a spokesperson for the cause in recent months, didn’t appear in court, but told The Mirror about the outcome.
“I don’t think the charges should’ve been placed in the first place, but it’s nice that the Crown attorney has granted the stay,” she said. “That’s a bit of progression to having them eventually withdrawn.
“Hopefully we can all be on our best behaviour for the next year and no more charges (will be laid) in relation to Site 41 blockades anywhere.”
Anne Ritchie-Nahuis, a dairy farmer who lives near the site, was one of the individuals against whom charges were stayed.
“Christmas came early this year,” she said. “We weren’t expecting this. We thought it might happen in the beginning, but when it hadn’t happened in so long…”
Ritchie-Nahuis said protesters will continue to meet on a regular basis and have recently launched a new website at www.water-watch.ca.
“We are hoping to impact all of Simcoe County with the concerns we have regarding water resources,” she said, adding they will also work toward seeing the provincial certificate of approval associated with Site 41 revoked.
“As long as that licence remains, it can be reopened at any time.”
People began showing up at the courthouse around 9 a.m. and packed the chambers, noted Ritchie-Nahuis.
“Everyone looked apprehensive prior to hearing the words, and then, when the Crown attorney said they would be dropping the Woods’ charges and staying the others, there were questions being asked, but there was also rejoicing at the great news,” she said.
Allan Greenwood, communications manager for the County of Simcoe, said the county does not have any comments regarding the Dec. 3 decision.
“It’s not something we would express an opinion on,” he said. “I understand it was issues related to Site 41, but it’s a police matter…. They lay the charges and it’s the Crown that prosecutes them.”
Rosenthal said he has little doubt the public support for the protesters influenced the Crown’s decision. More than 1,200 people signed an online petition asking for charges to be dropped.
Simcoe County council voted in September to halt construction and future development of Site 41, just weeks before it was due to open as a landfill.
On Nov. 19, the Ontario legislature gave second reading to a private member’s bill brought forward by Simcoe North MPP Garfield Dunlop that would revoke the certificate of approval.

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