Aamjiwnaang activist stands alone on CN $16,000 fine

Sole Idle No More protester to be targeted for Sarnia-area railroad blockade
AWARE Simcoe August 26 2013
Aamjiwnaang activist Ron Plain joined a blockade of the CN railroad during the Idle No More protests last December. He ended up being the spokesperson, the target of legal action and the sole participant to be fined. His account and some news items are posted below.

Ron Plain’s statement
On Friday the 21st of December 2012 people from Aamjiwnaang decided to Block a section of railroad tracks that run through Aamjiwnaang. I was told by those present that it was Aamjiwnaang Chief Chris Plain, a couple of Councillors and a group of Aamjiwnaang Citizens.
IDLE NO MORE was just blasting off and a Chief from the northern community of Attiwapiskat was capturing national news. It was a bitter day, the 21st, snow and sleet made the highways treacherous and there was a callout for as many First Nation people as can get to Ottawa to show support for INM and Chief Spence.
I was told, as again I was not there the 21st, that the Blockade was up to show support for Chief Spence and her Treaty infractions statements. However the word was that the blockade was up until the buses returned our citizens home safe from Ottawa.
Canadian National Railroad, (CN), contacted Their Judge at 6:15 in the evening regarding the blockade and asked for an Ex parte Injunction to have the tracks cleared and business to continue. At 10:30ish that evening Judge David Brown granted the Injunction. (An important side note here is Judge David Brown was a former Lawyer for CN and in fact had testified in a US hearing for CN. He discloses this in a hearing called Holmes yet didn’t think it pertinent to this case)
Now I’m not a Lawyer, although I have several good people helping with my legal affairs, but shouldn’t CN have to prove they have a right of way access to be on Aamjiwnaang territory? They didn’t have to prove anything and the injunction was issued at 10:30pm (ish), on Friday the 21st of December. There as a clause in the injunction that stated that if Aamjiwnaang wanted to contest the injunction they would have to have someone represent them in a Toronto, not Sarnia, court on the 27th of December. The injunction was served at or about 10:30 in the morning at the blockade.
It was decided by those who started the blockade that it would remain up until the buses returned however those who manned the blockade decided, based on past experience, to leave it up.
The injunction was served by CN Police to those present. ( I would be remiss if I didnt ask a couple questions of you now…Does Walmart have a FEDERALLY Sanctioned Police Force? Does McDonalds? Of course not…Why then does CN, a private corporation no different than any other corporation in Canada?) (I have to also mention that the CN Security has a 1 km swath of jurisdiction beside every railroad track in Canada) Their jurisdiction trumps that of the RCMP!
It is now Saturday the 22nd of December. It’s bitterly cold out. I arrive at the blockade around 11:00 in the morning and was shown the Injunction. It stated that the blockade needs to be removed from mile marker whatever of CN’s St Clair Spur Line. A line that cuts right through the heart of Aamjiwnaang.
Years before, you will recall the Assembly of First Nations called for a “National Day of Action”. They asked us to block highways and railroads. Ogitchidaa Shawn Brant of Tyendinaga took the bold step of blocking the busiest rail corridor in Canada. There was much fan fare and pride displayed at the action of Shawn and the other Warriors of that FINE Haudenosaunee community. They blocked the tracks for 24 hours. (a side note is that Shawn was Thrown Under the Train by the AFN, Much respects Shawn Brant, not Atleo)
That day my cousins and I set up the Wiingushk Drum on CN’s St Clair Spur Line and blocked the tracks. I was told an Injunction was issued before dinner to have us removed. I guess you can inconvenience thousands of people in Tyendinaga but not a single track that feeds Sarnia’s Chemical Valley for a day. As we were removing the drum from the tracks and miscellaneous other blockade items our Chief came by. He informed us of the injunction and said, “Next time you guys want to block a track use the Williams Drive crossing, there is no permit on that crossing”. (Chris denies saying this but I will leave judgement of character to you).
It is Saturday the 22nd of December and we are reading the injunction. “Well, lets move it to Williams Drive” I say, citing the Chiefs words. A citizen of Aamjiwnaang took the Injunction to Band Lawyer, Ron Rowcliffe, and he took a copy. He stated, second hand information here but VERY reliable, that Aamjiwnaang would have to have someone represent Aamjiwnaang, and Chief Chris Plain in particular as he is named on the injunction in Toronto the 27th.
Lets take a step back for a moment and do the calendar of events so far. The injunction is applied for 15 minutes after the close of business on the Friday before Christmas. The next Business day is the 24th but Aamjiwnaang Administration has closed for Christmas. “IF” they had taken a progressive step and had someone represent in Toronto on the 27th they would of had only a day, Christmas eve mind you, to find someone, brief them and get their opinion on how to proceed. Tuesday is Christmas, Wednesday is Boxing Day, (a national holiday for my American friends), and Thursday at 10 I am to appear in court. Now I may be a tad biased here but this all seems tilted in favour of CN.
So we moved the Blockade to Williams Drive and I witnessed things that will forever fill me with pride for my community and friends of our community. 20 to 50 people were present at the Blockade. Members of Parliament, from Guelph not Sarnia, Senior Representatives of the Canadian Auto Workers, Teachers, Librarians, Grand Mothers and Grand Fathers, Chiefs and Councillors from other communities, I mean it was a FREEZING happening place.
The picture is from Christmas Eve. We had strangers drop off gifts, Santa made an appearance for the kids. Sea containers, soups, chainsaws, coffee, gawd Tim Hortons Loves our Blockade were donated for the cause.  Sarnia Police visited every night and chatted, very cordially, in fact there is a link on youtube where on is drumming at the tracks. We had Councillors who came by to try and mediate, we had Councillors come and spy to take information to CN, we had everyone out.
The 27th there was another visit by CN security and the handing over of another Injunction. There is much video of this but needless to say I did not welcome the security guard.  Enter International Media. Every television station in Canada ran our story, Every newspaper ran it daily. Five Million Dollars a Day is what CN is saying we cost them. The propane Association pleaded right up to Crime Minister Harper’s office to have the Blockade removed. My personal favorite was the coverage not once but twice in the Wall Street Journal. I was asked to be a spokesperson for the blockade at the beginning and took that roll seriously.
Meetings were taking place between some Councillors and CN. Without any direction from community nor Chief, (he says), they planned on strategies to end the Blockade. “We are costing people JOBS” came from one Councillor. F%€K Jobs, (my apologies for that but I cannot express it in any other way). we were being sold out again by Aamjiwnaang Chief and Council for a few free dinners and a chance to feel important.
On the Blockade the resolve deepened. Where is the Chief was the constant question. All of these people yet he isn’t there. He does a video with the Union of Ontario Indians where he states that he supports the actions of the grass roots and INM but wont attend what has become the flagship blockade of IDLE NO MORE. (notwithstanding the sacrifice of the Fasters)
A community meeting is called…it is getting tense in Aamjiwnaang. Death Threats are made. The community meeting is done in the manner of a traditional Talking Circle. An Eagle Feather is passed to everyone present and no one can interrupt the person holding the feather. A large representation of Aamjiwnaang is present for this meeting. The clear majority supported the Blockade but wanted an exit strategy. It had fulfilled its purpose. I wont go into the statements except to say that with Feather in hand Chief Chris Plain stated that “I will go to jail before and Band member”.
On January 1st 2013 at 3:30 in the afternoon I received a Facebook message and an email from CN’s lawyer stating that I had to Appear in Sarnia court the next morning at 10am to face Civil Contempt of a Court Order hearing. (Apparently that IS Legal in Ontario)
During the Ipperwash Inquiry several very important things happened. First the Police received clear instruction on how to deal with First Nation civil disobedience, which they followed to the letter. (Big Mention to the Sarnia Police, The Ontario Provincial Police and the Royal Canadian Mounted Police here, Thank You). The second thing was that the entire of SW Ontario was researched by a prominent lawyer. He found documents that showed the illegal transactions of Aamjiwnaang territory by the Crown in 1919.
I showed up in court in time for the hearing carrying 3 boxes of files that prove conclusively that Aamjiwnaang has title to that land, NOT CN. The judge in Sarnia wouldn’t let me enter it. “At the end of the day”, he said “That Blockade is coming down tonight”!  I was amazed to see the Chief of the Sarnia Police there. He too was facing contempt for not forcing the blockade down.
Judge David Brown, remember him, he shouted to all that would listen that the police must take down the blockade, must obey a judges order. To Hell with Ipperwash and all of the positive outcomes of that tragedy.
I had an idea on how to get the blockade down and really bring change to Aamjiwnaang. Remembering full well the statement that the blockade was up to support Chief Spence’s position of Treaty infraction and demand for a meeting with Crime Minister Harper. I telephoned the Chief and outlined my strategy. He gave me the go ahead to negotiate an exit if possible. The next day I presented my thoughts to the now 2 camps in Aamjiwnaang. Those at the blockade and those manning the sacred fire. That was the 1st of January.
I need to explain the difference between Civil Contempt and Criminal Contempt here. Criminally the Crown representing the people must disclose all evidence to the accused, must be held accountable. In Civil CN is the accuser. They can pick and choose who gets charged and who doesn’t. When I asked why I was the person standing before the court when my Chief is Named, CN replied, “In an effort to maintain good relationships with Aamjiwnaang we have decided to not move forward against Aamjiwnaang”. When pressed again about being the sole representative of the blockade CN stated “You were the only person who was willing to identify yourself”.  So, under Criminal contempt there are finite fines and imprisonment that can be levied against me, under Civil it can be ceiling less fines and indefinite imprisonment. Yes I said Indefinite. If CN feels that I may encourage you to take an action against them or I may myself then they can ask the judge, Their Judge, to hold me indefinitely. Guantanamo Bay type Crap.
CN made the huge gesture that if I pay $5000.00 towards a charity of their choice they would be willing to end it all right there. I said no. The Judge then replied that if I didn’t take this generous offer I would face $180,000.00 to $200,000.00 in CN legal fees. I turned them down.
I was to face a full hearing on the contempt charges and the Chief of Police would be jailed with me if the Blockade wasn’t down by 6:00 that evening. Discussions with Sarnia Deputy Chief of Police and telephone calls throughout Aamjiwnaang lead to a community feast at the Blockade. Everyone was there. Those who sold us out stood before the cameras and spouted their bullshit. Those of us who did it…those who sacrificed and Warriored up left.
Two days later i reappear in Sarnia court. Fully expecting everything to go away as the blockade came down. This time there is no Chief of Police, just me. Again the threat of hundreds of thousands in fines if I insist on a hearing. I insist.
Amazing things happened, people stepped up and began a Legal Defence Fund for me, The media was on our side, letters and emails of support come from everywhere. I go to Aamjiwnaang Council meeting and ask for help with my legal fees, as THEY started the Blockade, and a Councillor stated the he couldn’t support getting behind just one person. Funny thing is he was one of the spys for CN.
Remember CN comments on maintaining a good relationship…well my friends The Chief and Council of Aamjiwnaang threw me under the TRAIN. To the disgust of all they took that position and haven’t moved from it since.
Lawyers Chris Reid, Peter Rosenthal, Michael Leitold and Jeff Carolin agreed to represent me. That made me an offer I couldn’t refuse. I needed to fund raise and what I raised was their fee.
Several strategies were discussed and motions were brought forward for disclosure of evidence. Last week the Judge ruled against us and thereby ending any argument. If it is a land claim the Chief must File, I cannot stand on a collective right to Aamjiwnaang. CN didn’t have to produce any of the documents about Judge David Brown or any material regarding the case.
On Monday the 24th of June I was found GUILTY of Civil Contempt in Sarnia. The fine is over $16,000.00. I Thank you ALL for your support through this and ask 2 things, first is of course to ask if you can help with a donation, and second is when you see Aamjiwnaang Chief or Councillors ask them why please. They wouldn’t answer me.
Thank YOU

Aboriginal protestor Ron Plain ordered to pay $16,500 for role Idle No More Sarnia blockade
By Tyler Kula Sarnia Observer July 26, 2013
Aamjiwnaang First Nation activist Ron Plain has been ordered to pay more than $16,000 to CN Rail for his role in a 13-day blockade that was part of the Idle No More movement.
On Wednesday in Ontario Superior Court, Justice Bruce G. Thomas ordered Plain to pay $16,584.87 to CN to cover the company’s legal costs.
Plain, a spokesperson for the Sarnia rail spur blockade that began Dec. 21, 2012, was declared in contempt of a court order to end the blockade last December.
CN spokesperson Jim Feeny said the railroad company is pleased with the outcome.
“The ruling underscores the importance of the principle that everyone must abide by the rule of law,” he said.
CN sought $50,000 plus an order preventing Plain from coming within 100 feet of the spur line, while Plain’s lawyer, Peter Rosenthal of Toronto, argued for $1,000.
When contacted, Rosenthal said “we are still considering the situation and are not ready to comment.”
Tables, tents and vehicles on and around the track during the blockade impacted a number of petrochemical, plastics recycling, and other industries served by the line, CN officials have said.
An affidavit from Plain makes it clear he had knowledge of the court order and continued participating in the blockade, Thomas wrote in his decision.
CN, meanwhile, is planning to donate the money to the Aamjiwnaang community, Feeny said.
“We felt it was the most appropriate course of action.”
CN initially offered to forward collected costs to its aboriginal scholarship program, but Feeny said officials are planning to confer with Aamjiwnaang community members to determine the best recipient.
Plain, 51, has been off work since May due to a neck injury, and is waiting for a decision on his disability benefits. Thomas said he weighed that, and Plain’s role in helping dismantle the protest in early January, in his decision.
Thomas also ruled for no restrictions on Plain’s mobility.
A campaign to raise $10,000 for Plain’s legal defence raised $4,798.
CN officials had initially asked for $5,000 in January to recoup contempt motion costs, but Plain refused, maintaining he did not violate the court order and saying he had proof CN is not entitled to the spur line land because it belongs to First Nations.
“I do not fear CN … I will run this up the flagpole as far as I can,” said Plain during a January court appearance.
On June 24, Plain filed a statement saying although he did not admit the contempt he would not contest it.
Justice Thomas said a finding of contempt was “inescapable” during that June 24 hearing in Sarnia.
The CN rail blockade was one of several demonstrations organized by Aamjiwnaang First Nation members during the Idle No More movement, including a January rally that held up traffic for more than an hour at the Blue Water Bridge.
Sarnia police were criticized by a Superior Court judge for not forcing an end to the blockade, but were praised by local leaders for maintaining a peaceful presence at the site.

Native activist Ron Plain fined $16,000 over CN blockade
By Colin Graf Toronto Star Jul 25 2013
SARNIA, ONT.—A judge has ordered a native activist to pay more than $16,000 to CN Rail for a 13-day blockade created as part of the Idle No More movement.
Ron Plain, 51, spokesperson for the blockade in Sarnia in December and January, was ordered by Justice Bruce G. Thomas of Ontario Superior Court to pay the money because he defied an injunction to stop blocking the line.
The route serves industries in the local “Chemical Valley” complex of oil refineries and chemical plants.
Members of the Aamjiwnaang First Nation set up the blockade in support of Chief Theresa Spence of Attawapiskat during her hunger strike to force a meeting with Prime Minister Stephen Harper about aboriginal issues.
CN asked the court for $50,000 in damages, while Plain’s lawyer, Peter Rosenthal of Toronto, had argued that a fine of $1,000 would be more appropriate.
Jim Feeny, a spokesperson for CN in Montreal, said the company is “pleased the ruling underscores the principle that everyone must abide by the rule of law.”
He said CN will donate the court award to the native community in Sarnia. The judge’s decision noted that CN offered to give the money to its aboriginal scholarship program.
Though Plain said he would not comment on the court’s ruling until he had chance to speak with his lawyer, he said an online effort to raise money for his case “fell well short” of the $10,000 goal.
CN also called Sarnia’s police chief to court in January to explain why police didn’t force an end to the blockade as soon as the injunction was ordered. Chief Phil Nelson stated at the time that the police were working to negotiate a peaceful end to the blockade rather than forcing a confrontation with the protestors.
Plain called the protest a “huge victory” at the time.
“We have stood up and let Stephen Harper know that we are in full support of Chief Spence,” Plain said.

Scapegoat for a movement? Ron Plain struggles to fight charges for Idle No More action
By Ethan Cox Rabble March 15, 2013
Of all the myriad and varied actions, blockades and events which have taken place since the Idle No More movement came together late last year, only one has resulted in charges being laid. This is the story of the only person in the country facing legal consequences for his role in Idle No More, and his efforts to raise enough money to pay for his defence.
On December 21st of last year members of the Aamjiwnaang First Nation, located near Sarnia, Ontario, began a peaceful blockade of CN tracks as an expression of solidarity with Chief Theresa Spence’s hunger strike and the broader Idle No More movement.
On the morning of the 22nd they were served with an injunction ordering them to dismantle the blockade by CN police. Later that day Ron Plain, a member of the Aamjiwnaang First Nation, arrived home from a trip and became the spokesperson for the blockade.
Plain is now the only person in Canada charged as a result of Idle No More related actions, and faces catastrophic fines, which he says would cause him to lose his house, and even the possibility of indefinite detention.
Raul Burbano, a Toronto based organizer, has launched an IndieGoGo campaign to raise funds to help Plain cover his rising legal fees.
“I got involved in helping Ron because I’m very concerned with the criminalization of dissent,” said Burbano. “I think this is a clear case of such criminalization, where the courts are being used as a tool against peaceful protesters who want to bring attention to community issues.”
With ten days left the campaign has raised only $3,528 of a goal of $10,000, which itself would only cover a fraction of the legal fees Plain will incur if the case drags on. Burbano however remains hopeful that the public will come through to help Plain defend himself.
“I think if people know about his story, they’ll be moved to support him.”
In an interview with rabble, Plain explained that after arriving, he advised the mostly young members of his community to move the blockade from one crossing to another to nullify the injunction and force CN to seek another one.
“The judge who issued this injunction, David Brown, had not only worked for CN in the past as a lawyer, he had also been an expert witness for them. The ties to CN are twofold and deep, and yet he failed to disclose this past relationship with CN, which he was required to do.”
The first injunction which was served on the 22nd ordered the blockaders to appear in court on the 24th of December if they wanted to appeal, otherwise they could appear in court in Toronto on the 27th.
“It was all very strategically done. There was no way we could find a lawyer on two days notice on Christmas eve. On the 24th, Judge Brown upheld his injunction and expanded it to apply to the tracks where we were at that point. He also ruled that if we wanted to appeal on the 27th we would have to give the CN lawyers twenty-four hours notice. Of course there weren’t twenty-four working hours between then and the 27th, because of the holiday, so it was impossible for us to appeal.”
At the hearing on the 27th Judge Brown changed his injunction from an immediate injunction to a thirty day injunction. This meant that taking down the blockade and immediately setting it up again would no longer satisfy its terms.
At the same hearing, according to Plain, Judge Brown publicly complained that police were not enforcing his injunction, and suggested that the OPP and Sarnia police ignore the recommendations of the Ipperwash inquiry, which they had been following, and which called for police to not interfere with blockades.
On January 1st Plain says he received an email from CN’s lawyers telling him he had to appear in court in Sarnia the next day, along with his band chief and the chief of police in Sarnia.
“Everyone agrees that I had no obligation to go. This was an email, from CN’s lawyers, giving me barely twelve hours notice. But I did, and in twelve hours I produced 250 pages of government documents which show that the tracks are there illegally. This isn’t a land claim issue, in a land claim there is a dispute over ownership, here there is no dispute. No permit was ever issued to cross that road, and that makes the crossing illegal. But I was not allowed to present this evidence in court.”
CN has now dropped the charges against the chief and council out of a desire to maintain good relations with the band. This leaves Plain alone, facing the prospect of dire consequences.
Because the charge is civil contempt of court, a complaint brought by CN, Plain cannot be sentenced to jail. However he can be ordered to pay a fine of an indeterminate amount and to pay the legal fees incurred by CN. He can also be sentenced to indefinite detention, if CN argue that they fear he will repeat his actions and he needs to be jailed to prevent him from blockading their tracks.
At the hearing on the 2nd of January CN offered to drop the charge, if Plain would agree to donate $5,000 to a charity of their choice, an offer he refused. According to Plain, the Sarnia judge, whose name Plain could not recall, then warned him that if he didn’t accept the CN offer, he would be forced to pay their legal fees which could be as high as $200,000. For Plain this was a clear indication that the judge had already determined his guilt, and had prejudged the outcome of his case.
He says the judge told him that the blockade was coming down that day no matter what. Plain then tried to explain that he had no control over the blockade, which he didn’t start and wasn’t responsible for. The decision to remove it had to be made by the community.
That evening, in consultation with Sarnia police, Plain was able to negotiate a face saving means of removing the blockade. Nevertheless, he remains at the mercy of the justice system.
“CN objected to my request for a fall court date, and insisted on May 24, which is now the date of my next hearing. None of my lawyers are available on that date, so we’ll petition for a fall trial. We will also be filing a complaint against Judge Brown for failing to disclose his past relationships with CN, and filing to have the injunction quashed because it was illegal. But at the end of the day I am still in contempt of a court order, even if that order is illegal and is quashed, I still violated a court order.”
Plain says that Canadian Auto Workers President Ken Lewenza intervened on his behalf with higher ups at CN, getting them to agree to drop the case if Plain signs an agreement not to block any rail tracks, something Plain is unwilling to do.
“If my community decides to block the tracks, I will stand with my community. I can’t sign a paper saying that I won’t.”

APTN video report March 14 2013

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