Lonefighter National Communication Network
#7, 2255 Centre St., North
Calgary, Alberta T2E 2T4
fax c/o (403) 270-2743
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Activist and Oldman River
Still Not Freed
by Dianne Pachal
Despite no objections from the prosecution, bail was denied
environmental activist Milton Born With A Tooth in a December 16th
hearing at the Alberta Court of Appeal. The Court, however, has
allowed his appeal to proceed. In allowing an appeal, it is common
for the accused to be released on bail.
Born With A Tooth was sentenced to 16 months in jail and given a
ten year prohibition on the possession of a firearm September 9,
1994, as a result of his actions to defend the Oldman River -- the
environment, his culture and home that depend on the river. His
sentence resulted from a single incident when he fired two shots in
the air to warn RCMP and provincial officials of their trespass on
Peigan lands.
"I was the scapegoat", he said from the Calgary Correctional
Centre. "All along, their motivation was to protect their
political process. The real issue was the government's
manipulation of all aspects of the Oldman Dam."
The federal government has never prosecuted Alberta for its
transgressions of the law regarding the Oldman River Dam. In fact,
the federal government has appeared to be obstructionist towards
allowing private prosecutions and other legal actions to proceed
against Alberta over the Dam.
In March of 1990, the Supreme Court of Canada had struck down the
federal licence required for the Dam and ordered a public
environmental assessment and review (EARP). In defiance, the
province stepped up construction of the Dam. It was after this
that the Lonefighter Society of the Peigan Nation took their
protest to the river. It was a desperate action that was ended by
the invasion of fully armed RCMP and tactical teams, and the
September 7, 1990 stand-off.
The federal Minister of Indian Affairs, Ron Irwin, is now even
going so far as to use the Peigan Nation's refusal to meet with the
Dam builder's advisory committee, as the scapegoat for his and his
government's own conspicuous inaction. The federal government
didn't even hold the province to EARP recommendations on the make-
up of a public advisory committee, instead allowing the builder --
the Alberta Government -- to set up the committee. None of the
EARP recommendations have been implemented, the first of which was
to make the Dam inoperable, turning the Oldman River free.
Born With A Tooth has now served more that one-third of his
sentence, a point at which an early release is normally considered.
However, the decision was to defer the decision until February
28th, a full two months after his appeal was allowed to proceed.
The fact that the Lonefighter is still imprisoned is another
episode in a long series of unjust circumstances in the treatment
of the Born With A Tooth and the Oldman River.
Born With A Tooth continues on, against all odds, to find justice
for the Oldman River and his people by proceeding with his appeal.
The appeal hinges not on merit or commitment, but the ability to
raise $50,000 in donations for court costs and legal fees. The
appeal is seen as one of three key fronts for action. The others
are the ongoing public pressure for implementation of the EARP
recommendations, and for a full federal inquiry into all matters
surrounding the Oldman River Dam. The water rights case initiated
in the courts in 1986 by the Peigan Nation still has not gone to
trial, having been continually delayed through numerous legal
hurdles put up by the province, which in turn also severely taxes
their very limited funds.
Donations should be made payable to either the Alberta Green Party
(which can issue tax receipts) or the Mother Earth Defense Fund and
sent to the Mother Earth Defense Fund, Box 53, 10024 - 82 Ave.,
Edmonton, AB T6E 1Z3. The coordinator is Lorraine Sinclair phone
(403) 461-9532, FAX (403) 450-2665. If you pay Alberta provincial
taxes, a donation of $100 payable to the Alberta Green Party will
in the end only cost you $25 due to the generous tax credit given
donors to any political party