The Rule of Law

"As a judge, I make an order expecting it will be obeyed or enforced. If it will not be enforced, why should I make the order?"
"Simply put, they have chosen the spur line crossing as their Hyde Park and intend to express their views from that location regardless of the harm caused to those who use and rely on the spur line."
"It was not open to the Sarnia police to interpret the injunction order as permitting the blockade to remain indefinitely."
"With all due respect to the Sarnia police, local police agencies cannot ignore judicial orders under the guise of contemplating how best to use their tactical discretion. Such an approach would have the practical effect of neutering court orders."
"On the contrary, a court order is intended to initiate the process of bringing unlawful conduct to an end in a short period of time."
Superior Court Judge David Brown

Aamjiwnaang First Nation Chief Chris Plain, right, shakes hands with Sarnia Police Chief Phil Nelson prior to a celebratory ceremony at the CN rail blockade on Williams Dr. Wednesday. PAUL OWEN/THE OBSERVER/QMI 

The spur line in question crosses the Chippewas of Sarnia First Nation.  And this is where the Aamjiwnaang First Nation blockade occurred. As part of the Idle No More movement. Somewhat more than a trifling inconvenience for the industries that use the line to convey their products.  One of which is a plastic recovery facility processing blue box recycling for over 70 municipalities throughout Canada and the United States. The line also services a number of chemical and industrial plants.

These industries and CN Rail are less than thrilled over the situation.  Which is why CN sought an injunction against the Sarnia blockade.  CN served the injunction - to the chief of the Aamjiwnaang Chippewa of Sarnia.  Delivering a copy to the band office, and to the enforcers of the court-issued document, the Sarnia police; specifically Sarnia Police Chief Phil Nelson.

Something about chiefs, one supposes.  Sarnia Police Chief Phil Nelson feels a greater sympathy and empathy for First Nation Chief Chris Plain of the Aamjiwnaang Chippewa than he does the necessity to uphold responsible law and order.  Process servers and CN officials saw about 50 protesters present, at times fewer, yet the Sarnia Police had no intention of moving to clear them away from the track.

One staff-sergeant informed a CN inspector his force would make no effort to serve the order.  And another police inspector informed the same CN inspector "their regular members have been directed not to attend at the blockade", while, in fact, a few members of the Sarnia police actually did show up at the blockade - to assist the First Nations protesters and join them in their crusade.

Judge Brown, both scandalized and demoralized in the face of these events declared that a court order "is not one among several chips to be played in an ongoing contest between the police and transgressors of legal rights.  Without Canadians sharing a public expectation of obeying the law, the rule of law will shatter."

As indeed it was seen to do during the violent Six Nations 2006 occupation in Caledonia, Ontario, when then OPP head Julian Fantino held back on enforcing the law under the direction of Ontario Premier Dalton McGuinty, neither willing to upset First Nations 'warriors' championing their rights as inheritors and owners of disputed land on which a subdivision was being built, even though intimidation and physical force was being used against innocent people.

Simon Hayter for National Post Violence breaks out between white residents of Caledonia, native protestors and the O. P. P. at the Native barricade in Caledonia on Monday, May 22 2006.