NDP leader Howard Hampton used strong language in criticizing the government, following the release of the last of seven First Nation protesters Wednesday.

The decision came on the eve of the second National Day of Action, and it follows days of protests at Queen’s Park.

“This never should’ve been in court in the first place,” he said.

The six leaders from Kitchenuhmaykoosib Inninuwug, as well as Richard Lovelace from Ardoch First Nation, were sentenced to time served by the court of appeal. However, the court went a step further, emphasizing they were confused by the different positions put forward by the Crown, which ranged from their original request for imposing a fine that “hurts” to their most recent submission of seeking measures of “reconciliation.”

‘‘The words ‘hurt’ and ‘reconciliation’ are total opposites,’’ Justice James MacPherson commented.
The Kitchenuhmaykoosib leaders from Northern Ontario had been sentenced to six months in jail on contempt of court charges for ignoring a court injunction and had served 68 days before their temporary release last Friday. Lovelace had served 3 1/2 months of a similar six month contempt charge for protesting mining activity on his community’s land in central Ontario.

All seven had been jailed following protests against development on their traditional lands without consultations. Companies are required — under both the Constitution and Supreme Court of Canada rulings — to consult with First Nation leaders.

In his comments following Wednesday’s court proceedings, Hampton said he looked forward to reading the written decision when it is released because he got the impression the court wasn’t happy with the government’s decision to try and use the legal system as a means of solving a dispute with aboriginal people.

“The court doesn’t want to see any more of these cases,” he said late Wednesday.

Instead, Hampton said it was entirely within the government’s ability to find a political solution. He pointed to section 35 of the existing Mining Act, which allows the government to put a withdraw lands from the prospecting or staking of claims.

The member for Kenora-Rainy River also emphasized that First Nations have been asking for this, so it wouldn’t be a unilateral action by the province.

“It’s completely within the capacity of the province to effect a resolution. It always was,” Hampton said Wednesday.

“There’s no excuse for what happened to the KI 6 and continues to happen to Bob Lovelace. Dalton McGuinty has failed Ontario’s First Nations,” Hampton added.

Northern Development and Mines Minister Michael Gravelle has said they’ve been working on reforming the legislation in recent years, including a development strategy released in 2006, a discussion paper in 2007 and plans for consultations in the near future.

Since 1998, community leaders from Kitchenuhmaykoosib Inninuwug have been asking for a moratorium on resource development on their traditional lands. In 2006, community members even went so far as to walk more than 2,000 kilometers to Queen’s Park, so they could personally deliver the message.