July 19, 2008

11th Hour Decision: Court of Appeal Throws Out Publication Ban Again:

Evidence of OPP Commissioner Fantino Public Once More

PRESS CONFERENCE
TIME: Saturday, July 19th, 2008 2pm
LOCATION: Offices of Roach, Schwartz & Associates
(688 St.Clair Avenue West, Toronto)

(Friday, July 18th, 2008) After a decision by a Napanee judge, rendered at 10:30 am this morning, lifting a publication ban on Tyendinaga Mohawk Shawn Brant's preliminary hearing, Crown attorneys attempted to have the effect of the decision stayed, but failed.

At midday, only Crown prosecutors (no defence lawyers) appeared before a judge of the Court of Appeal, and convinced the judge to issue a stay. The media was ordered to "immediately cease reporting on evidence heard at the preliminary inquiry and remove all related reports from websites".

Then, at shortly after 5pm, lawyers for the CBC and Mr. Brant appeared before the same Appeals judge, along with Crown counsel. After substantial submissions, the judge lifted her earlier stay and dismissed the stay application altogether, ordering the publication ban lifted once more.

The appeal may go ahead in due course, but the media are at present free to publish all the evidence heard at the preliminary inquiry.

As reported briefly today, this decision makes crucial evidence available to public scrutiny for the first time. The preliminary inquiry dealt with charges arising from Mr. Brant's participation in two highway and rail blockades held by Tyendinaga Mohawks in 2007 to pressure the government to resolve longstanding land claim and poverty-related grievances.

The documents include wiretap transcripts that feature OPP Commissioner Julian Fantino telling Mohawk protest leader Shawn Brant in a telephone conversation that, "your whole world's going to come crashing down" and threatening to "do everything I can within your community and everywhere to destroy your reputation" during the blockade which took place on June 29th, 2007, on the AFN's National Day of Action.

Defence counsel, Peter Rosenthal, will be available tomorrow to discuss the conduct of the Crown Attorneys, as well as to provide documents and transcripts relevant from the preliminary inquiry.