Adapted from No One Is Illegal – Vancouver

FOR IMMEDIATE RELEASE

*PREVIOUSLY BANNED EVIDENCE OF [ONTARIO PROVINCIAL POLICE] COMMISSIONER FANTINO NOW OPEN TO PUBLIC SCRUTINY:
Ipperwash recommendations flouted in policing of blockades at Tyendinaga Mohawk Territory*

The publication ban on Shawn Brant's preliminary hearing was lifted today in a Napanee Court, making crucial evidence available to public scrutiny for the first time. The preliminary hearing dealt with charges arising from Mr. Brant's participation in two highway and rail blockade held by Tyendinaga Mohawks in 2007 to pressure the government to resolve longstanding land claim[s] and poverty-related grievances.

Evidence released includes the testimony of Chief [Julian] Fantino who, when confronted with the allegation that he failed to follow Ipperwash guidelines in policing Mohawk blockades, responded in part: "Those are just guidelines."

Evidence also includes that of an undercover officer who stated that he posed as a media cameraman when he investigated the blockades of June 29, 2007, held as part of the First Nations National Day of Action. In its application to lift the ban, counsel for the [Canadian Broadcasting Corporation] asserted that he had great concern about such activity by police officers.

Other evidence tendered at the preliminary hearing included that the O.P.P. initiated an extremely unusual wiretap against Mr. Brant. Rather than applying for authorization for the wiretap in front of a judge, the O.P.P. conducted the wiretap without judicial authorization claiming that it was justified in doing so under a rarely used emergency section of the Criminal Code. This section of the Code was recently declared unconstitutional.