Page A12 — Terrace Standard, Wednesday, September 30, 1992 Gitksan set sights on long court case TERRACE — Three Gitksan facing contempt of court charges for blockading the CN Rail line at Gitwangak have until Friday to decide if they will challenge the injunction they were arrested for breaching. Gordon Sebastian, defence law- yer for Ralph Michell, Guy Morgan and Art Loring, said he plans to challenge the basis of the injunction, arguing that Gitwangak natives own the land the railway is on — not CN. That decision must be made by Friday to meet a deadline issued Supreme Court Justice John J. Anderson last week during a hearing on the contempt charges. Anderson relictantly granted an adjourament of the contempt hearing, which will go-ahead Nov. 2 regardless of whether a challenge of the injunction is filed. Gitksan put up the blockade across the line at Gitwangak Sept. 16 to protest provincial approval of the sale of Westar’ 8 timber as- setsto Repap. — CN got a Supreme Court in- junction ordering the protesters off the tracks on Sept. 17. The na- tives vowed the blockade would stay up. On Sept. 18 the railway compa- ny gota second court order — this time authorizing police enfor- cement of the first. The three accused men agreed in advance that they were the ones who would be arrested when RCMP officers came in to dis- mantle the barricade Sept. 22. ‘The intent is criminal in na- ture,” CN lawyer Edward Chias- son said in his opening remarks in Terrace court Friday. “‘It reflects a conspiracy io put pressure on the provincial government by in- terfering with the rightful ac- tivities of Canadian National Railways.” He accused the Gitksan of showing “blatant disregard for the court’s order’’ and said they aimed to “scorn the power of the Le Chateau des Enfants LICENSED FRENCH PRESCHOOL ¢ Qualified French - Teacher — Ghyslaine Courtney « Staff trained in Early Childhood Education — * Exciting Preschool Program Children leam many French songs, games, stories, vocabulary, numbers, alphabet and much more. While participating in a normal preschool program to prepare them for primary - . gchool entry, CLASS SESSIONS BEGIN ‘OCT: 6, 1992 CALL 638-8890 A service of Pray & & Leaming Cenlas zien DS CASTLE| Anderson “agree to file application to set _ aside the injunction within seven Gordon Sebastian court.”” “CN was being held hostage in a dispute between the band and the provincial government,” Chiasson added. ‘He said the natives said the blockade could come down if CN agreed not to haul forest products through that section of line. ‘‘The company was not in a position to . do that,” he said.. This activity caused enormous disruption to the railway and the people in the area.” He said Sebastian was supposed to have challenged the injunction within a day of it being issued, and called for th: case to proceed - immediately... In granting the adjournment, required Sebastian days, or else the injunction will be deemed to stand. ~ Sebastian had argued the three days since the arrest wasn’t |. enough time to prepare an ade- i) quate defence. “He said he intends to argue that CN does not own the land in’ question, because it gave a parcel of land back to the band in 1985. Chiasson said CN retained con- trol of the right-of- way. The issue is the subject of a separate lawsuit, started in 1985, which has not yet gone to tial. Gitksan spokesman Don Ryan said that lawsuit will not be de- cided until a final court decision is reached in the Gitksan land claim case, now being considered by the B.C, Court of Appeal. “He predicted the accused trio’s lawyers will be able to tic up the case indefinitely in the courts. 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