Christian Peacemaker Teams
Esgenoopetitj (Burnt Church), New Brunswick
(506) 779-5886 cptcan@sympatico.ca
Toronto Office: (416) 421-7079
FOR IMMEDIATE RELEASE Contact: William Payne or
Robert Holmes, Neguac, New Brunswick 
(506) 779-5886
March 13, 2001

JUDGE RESERVES DECISION UNTIL MAY 18
FOR CHRISTIAN PEACEMAKERS ON TRIAL
FOR DEFENDING MI'KMAQ FISHING RIGHTS

Judge Henrik Tonning was challenged today by Christian Peacemakers Holmes
and Payne in their summation, to take a small, but significant step in
transforming the relationship of the Canadian legal system to the
Aboriginal communities. He was asked to recognize and honour the actions of
Canadian citizens who intervened, in a small way, to stop the obstruction
by Canadian Fisheries Officers of the Mi'kmaq people in exercising their
rights to manage their own fishery. Judge Tonning responded that it may be
a small step off a big cliff with regards to the legal consequences it
would have. 

Judge Tonning said he was not afraid to take such a step if his
deliberations on the evidence and legal arguments led him to the conclusion
that Payne and Holmes acted with the colour of right - an honest belief
that they had legal authority to act. Payne and Holmes argued that the
treaties between Canada and the Mi'kmaq Nation and the Constitution Act of
Canada clearly recognize and affirm the Aboriginal and treaty rights of the
Mi'kmaq people being denied by the actions of the DFO (Department of
Fisheries and Oceans) officers. 

"The Canadian government's attempts to suppress the Mi'kmaq fishery are
only the latest chapter in a long history of disrespect and suffering.
Canadians of European ancestry need to find clear ways to demonstrate that
they will no longer tolerate these actions being done in their names," said
Fr. Holmes, a 64-year-old Catholic priest, after the end of the court proceedings.

Judge Tonning suggested that the action of Holmes and Payne was not
respectful of the court system which will, in due time, address, and
possibly redress, the justice issues in the DFO confiscation of the Mi'kmaq
lobster traps the two Christian Peacemakers intervened to recover. In
response the peacemakers suggested that the Canadian courts are not the
place to resolve these issues. Quoting the Canadian government's Royal
Commission on Aboriginal Peoples, they emphasized that what is needed is
nation to nation negotiation done in a spirit of mutual respect and justice.

Judge Tonning will render his verdict on May 18, 2001.