"It is a remarkably sweeping law," it stated. "There is nothing in the Mining Act about considering aboriginal land claims or interest."
The judgment gave several reasons for criticizing Cunningham's sentences as stringent. It noted the motion judge "focused exclusively on punishment and deterrence" and "failed to refer to the mitigating factors that were present in this case." As well, "some account should have been taken of the way in which the protest and blockade were conducted," which was "peaceful, with no violence and no damage to property."
Lovelace said the Ardochs "feel fully vindicated in the position we have taken and remain committed to our position that there will be no mineral exploration within the territories of Ardoch without our consent."
"There is no doubt that these are serious, even stiff, penalties," the court stated.
as a background factor for the case.
mining exploration on Ardoch lands are "subject to land claim negotiations with the Governments of Canada and Ontario" and pointed to Ontario's Mining Act Nike Shoes No Laces
Lovelace was fined $25,000 and sentenced to six months in jail, of which he served more than half until released on May 28. Sherman received a fine of $15,000 and six months in jail, the latter which she avoided by obeying court injunctions. The Ardoch community was fined $10,000.
violating a court order to stop protesting at the proposed Robertsville mining site north of Kingston.
"Incarceration for professional people who are respected leaders of their community and substantial fines for the same leaders and for an impoverished aboriginal Nike Shoes Couple Tumblr community are onerous penalties."
Ardochs 'vindicated' after release of judgment
Cunningham set a combination of penalties for Lovelace, Ardoch co chief Paula Sherman and the entire Ardoch community for Shoes Nike 2018 Boy
A court of appeal has called the incarceration of a First Nations protester too "harsh" and the fines levied on the Ardoch community "onerous."
The judgment, signed by judges James MacPherson, Marc Rosenberg and Kathryn Feldman, dismissed all custodial and monetary components of the sentences as handed down by Superior Court Justice Douglas Cunningham in February.
On Monday, the Ontario Court of Appeal released reasons for freeing Bob Lovelace, former chief of Ardoch Algonquin and a Queen's University instructor, a month ago in the case of Frontenac Ventures Corporation vs. Ardoch Algonquin First Nation.
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