Roman Catholic community makes Manitoulin history St. Bernard's hosts

first Island ordination of a Catholic priest

LITTLE CURRENT-On Saturday, June 23 and Sunday, June 24, a brand-new Roman Catholic priest, Father George Gardner, processes to the altars of two local churches: on Saturday to St. Bernard's Catholic Church in Little Current and on Sunday to St. Gabriel Lalement Church in Birch Island.

He conducts the prayers and reponses, consecrates the bread and wine, and then serves the sacrament of communion to members of his two new flocks.

Just slightly more than half a day before his 9:30 am mass at St. Bernard's, he'd been a 70-year-old layman. And that transformation, and the story that goes with it, is nearly miraculous in itself.

In Manitoulin Island and Birch Island's nearly 400-year-long relationship with the Roman Catholic Church, history is made late Friday afternoon June 22 when George Gardner is ordained at St. Bernard's Church in Little Current to the order of priest by Bishop Jean Louis Plouffe and then is assigned "til death do us part" to minister to the Little Current and Birch Island parishes as their parish priest.

This is the first-ever ordination of a priest on Manitoulin Island and over 300 people from all Island parishes and beyond crowd into St. Bernard's Church to watch Bishop Plouffe and Father George make history.

It is a lengthy, bicultural, and multi-layered ceremony and everyone with even a remote interest in the evolution of Catholicism on Manitoulin wants to be part of the moment.

The service begins at 5:30 pm, but as early as 4 pm, people begin arriving, keen on finding a seat.

The church is decorated with ceiling-to-floor banners coloured in the four colours significant to the Anishnaabek people: the yellow and red streamers, respectively, flank the altar. The black and white streamers are at the rear of the sanctuary.

A tuneful male chorus (the Knights of Columbus Chair) practises. They are eventually joined by the St. Gabriel Lalement Choir from Birch Island (all women but one lone man) who will present a series of old hymns sung in the Ojibwe language.

It's 4:40 pm and a group of priests plus George Gardner gather in front of the steps leading to the altar. They confer, with Father Jim Kelly (soon to be replaced as parish priest at St. Bernard's) gesturing frequently as if to indicate a direction of entry or who will stand where. They've had practice sessions. This is last minute reminders and fine-tuning.

George Gardner, the candidate for ordination, walks back up the main aisle of the rapidly filling church around 4:50 pm, greeting and welcoming friends and relatives along the way, and beaming in his boyish way.

Donna Bruder and Roseanne Debassige from M'Chigeeng walk through the church, passing out tiny medicine bundles for parishioners, and George's friends and relatives, to wear or hold, asking them to "pray for George."

It's 5:15 pm, and the combined Gabriel Lalement Choir and the Knights of Columbus Choir sing an anthem together: 'How Great Thou Art,' followed by the Birch Island Choir singing a traditional Ojibwe hymn.

Anticipation builds: at 5:25 pm, the church's historic bell, mounted on the outside wall high above the altar area, begins to peal joyfully, focussing everyone's attention.

And then at 5:30 pm, right on schedule, the ceremony begins with a processional. It's led by acolyte Beatrice Lake who bears the cross. George Gardner is somewhere in the centre of the procession, which includes an elder from Birch Island, George Francis, no fewer than 23 priests, two Deacons (Dan Larouche and Gilbert Pitawanakwat) and, finally, the most Reverend Jean Louis Plouffe, the Bishop of the Diocese of Sault Ste. Marie.

George Francis, holding an eagle feather, is the first to speak and talks quietly about the significance of the four coloured banners that adorn the sanctuary.

Bishop Plouffe acknowledges the capacity crowd in the church and states that "it is a tribute to the people of Manitoulin Island and Birch Island. Let us take time to ask God to prepare us for the ordination of one of God's sons who has answered the call to be a shepherd of God's people."

Deacon Gilbert Pitawanakwat from Wikwemikong performs the smudging ritual, by way of the penitential rite, purifying Bishop Plouffe and other clergy and assistants behind the altar and then symbolically smudging the congregation.

Gospel readings are offered by Melanie (Morphet) Cortes from the St. Bernard's parish and by Jean Andrews from St. Gabriel Lalement parish.

Bishop Plouffe moves to the front of the altar and George Gardner sits on a chair provided for him at the foot of the altar steps. Bishop Plouffe acknowledges George Gardner as "my brother George in the presbytery" and then begins quiet instructions for the candidate for ordination seated before him.

"I have two lines to share with you," he says. "Be a priest for all and be a man of God for all."

In his teaching to the candidate for ordination, delivered one-on-one to George Gardner and extemporaneously, he says that, "people want this personal encounter with the Lord, and to believe in Him, so that He is the focus of their lives."

"The function of the priest is quite simply to bring God to the people. The priest lives with God and for God," Bishop Plouffe instructs.

"Me and you and all of us have to come to know God openly and personally. You are a man for whom God is a friend; a man who shares the feelings of Christ Himself."

"In the world beyond Manitoulin, and maybe even on Manitoulin and Birch Island, people are defined not as 'who are you?' but as 'what do you do?!'"

"God must find a home, be comfortable, inside us. It has to come from inside. On your particular faith journey, George, people around you want to hear your own personal experience with God. As St. Augustine said, 'be a man of prayer before being a preacher.'"

Bishop Plouffe goes  on to describe George Gardner's personal path: "In Montreal (his hometown) you picked up a good part of one of the main cultures in this country: French. You came to Sudbury and you married in the Ukranian rite: another culture. You were, I hear, a wonderful spouse, father and grandfather and soon to be (to applause) a great-grandfather."

"Your job in Sudbury and here in Birch Island taught you about another great culture in this country: First Nations. You must have been a good listener because they made you an honourary chief. That you could be one of them is another way of being a priest for all, as is the art of sitting down and resolving things which you know as a father."

"Your work at Lafarge and, most recently your ministry (as a deacon) means that you can easily be a priest for all." Bishop Plouffe summarizes: "Married, a Lafarge manager, working with First Nations. You're a priest."

"Be a priest for all," he reiterates, reminding the candidate that "the one who really  helps us is Jesus. Remain open to Him and you will never fail. Walk in the Christ-like way and build unity," he concludes.

The rite of ordination also includes the "calling of the candidate," through which George Gardner, still not a priest, is asked to stand before the altar steps. A priest, Father Mike Stogre (who had been his primary advisor among the Jesuits) formally asks the Bishop "to ordain this man, our brother, for service as priest."

"Do you judge him as worthy?" is Bishop Plouffe's ritual response, and Father Stogre responds, again in ritual form:_"After enquiring of the people of Christ and upon recommendation with his training, I testify that he has been found worthy."

("Enquiring of the people of Christ," George Gardner has explained in an earlier interview, is a serious matter as several dozen parishioners who know him are sent a lengthy questionnaire about the candidate's suitability.)

The Bishop responds, "we choose this man, our brother, for priesthood in the presbyteral (parish priest) order."

George Gardner then stands before Bishop Plouffe, who questions him, asking him if he is willing to work with the Bishop in "caring for God's flock;" if he will "celebrate the mysteries of Christ faithfully and religiously;" that he will "exercise the ministry of the word faithfully and wisely;" and that he is "resolved to consecrate your life to God for the salvation of his people, and to unite yourself more closely every day to Christ the High Priest, who offered himself for us to the Father as a perfect sacrifice." To all of these questions, and to one that binds him to promise "respect and obedience to me and my successors," George Gardner responds: "I do."

A Native-patterned rug is spread on the church floor below the altar steps and George Gardner lays prostrate on it, face down, while Cantor Sally Marshall leads the congregation in the Litany of the Saints, calling on those who have been elevated to sainthood (by name), "all you holy men and women pray for us."

The Litany of the Saints, interestingly, ends with the name of Kateri Tekakwitha, one of only two Canadian-born candidates for eventual sainthood. She was an Iroquoian woman from the Montreal area who, after conversion to Christianity in the 17th Century, was killed by her own people because she would not renounce her faith.

The laying on of hands is a ritual and tradition nearly universal in Christian churches when a new member of the clergy is elevated to that status. It involves other members of the clergy, who have themselves gone through the ritual, laying their hands on the head of the candidate for the clergy. The tradition holds that this binds the new clergyperson to a line of succession of priests/ministers who have had hands laid on them by others, and the others by others, going back through the centuries to St. Peter who began the process 2,000 years ago.

In Friday's ordination this is done in silence, as George Gardner kneels before the altar, and is begun by Bishop Plouffe and followed-each in his turn-by all 23 other ordained members of the Catholic clergy present, all of whom then go to stand beside and behind the altar in an impressive array.

Still kneeling, the candidate is the object of a prayer of consecration by Bishop Plouffe, who stands with his hands over George Gardner's head, asking in part that God "grant to this servant of yours the dignity of the priesthood. Renew within him the spirit of holiness. As a co-worker with the order of bishops, may he be faithful to the ministry that he receives from you, Lord God, and be to others a model of right conduct."

The ritual continues with the "vesting ceremony": George Gardner, with the help of Violet McGregor and Leona Nahwegahbow, takes off his cassock, and is helped by them into his new, priestly robes, emblematic of his new status. Wearing the new robes, he kneels before the Bishop who cleanses and anoints his hands, symbolic of the fact that he will now be handling the bread and wine of communion.

The bread and the wine ("gifts") are brought to the altar by Violet McGregor and Leona Nahwegahbow who pass them to Deacon Dan Larouche, who in turn brings the elements of the mass to Bishop Plouffe-who symbolically hands them on to the new priest, indicating that they are now his to dispense. Bishop Plouffe says, "accept from the holy people of God the gifts offered to Him. Know what you are doing, and imitate the mystery you celebrate: model your life on the mystery of the Lord's cross."

And finally, Bishop Plouffe gives the kiss of peace to the new priest and says, "peace be with you." Father George responds, "and also with you."

Bishop Plouffe then introduces "Father George" to a standing ovation, and tells the congregation that the new priest will serve the Birch Island and Little Current parishes.

Following the ordination ceremony, an hour-and-a-half process, a reception dinner is served at the Northeast Town Recreation Centre.

Father Jim Kelly, until that afternoon the priest responsible for St. Bernard's parish, as well as M'Chigeeng, Mindemoya, Gore Bay and Sheshegwaning parishes, clarifies that he will continue to minister exclusively to the rest of his Island parishes. Father Kelly observes that while this was the first-ever ordination of a priest on Manitoulin Island, it is perhaps not the last one, indicating that Father George "sets a good example for more vocations."

On behalf of the St. Bernard's parish, Dan Leblanc welcomes his friend George Gardner but notes that,  "Father George: it's the institution. From now on, you'll be Father George, Father Gardner. You'll be everyone's father. Welcome to St. Bernard's."

Birch Island Elder Violet McGregor has had a long relationship with Father George and she too welcomes him on behalf of the St. Gabriel Lalement parish.

She recalls that, when the Birch Island community chose to make George Gardner an honourary chief several years ago because of his close-working and caring relationship with the community when he was the manager of the Lafarge cement terminal (that leases land and a seaport on Birch Island), she and her husband Archie were asked to be his godparents in the process of learning about the culture. She intimates that her friend Father George was a good student.

In his own remarks, the new priest Father George thanks Bishop Plouffe: "he has given me the opportunity, he's been patient and he's been kind. There's no other like him."

Father George is ardent in his praise for the priests of the Manitoulin and Anderson Lake Jesuit community, naming each in turn and recounting their particular assistance to him.

Father George, thanking friends and family who had travelled significant distances to be with him on this special day (and noting that he'll soon have the privilege of baptizing his great-grandchild), concludes that he is "looking forward to a wonderful second career. God bless."

Bishop Plouffe has the final word, referencing Father George's age at entering the priesthood: 70.

He recalls that on June 12, 1987, he attended an ordination of a priest in Elliot Lake. That new priest was then 72.

"I'm going to tell you," he says, "that on June 12 of this year, I went back to Elliot Lake for a celebration of that priest's 20th anniversary as a priest."

The caterers, Kelly O'Hare and her staff from the Anchor Inn, receive not one but two acknowledgements of a job well and efficiently done, with an emphasis on the fact that the day before the event, the venue had been of necessity changed to the Recreation Centre from the original marquee tent which couldn't be pegged down in the hard shale rock of the St. Bernard's church yard.

And on Saturday morning, June 23, the next day, Father George presides over his first celebration of mass at St. Bernard's church in Little Current.

But lest there be some concern about the future of the Jesuits on Manitoulin, Father Bert Foliot took an opportunity at the close of Father George's first mass to explain that, "Jesuits are 'sent'," (just as he was sent from the Island to administer a retirement home for Jesuit priests in Pickering).

"Father George is not a Jesuit. He is a diocesan priest and he will not be 'sent' anywhere. He is here as the priest for these two parishes until 'death do us part'."

"That doesn't mean that the Jesuits are abandoning these parishes. We aren't going anywhere. We will continue to support Father George."

For more coverage of George Gardner's journey, see the Second Section Front.

Brent Kells gets 10-year sentence for manslaughter

by Margo Little

GORE BAY-Spectators wept openly in Gore Bay Superior Court last Wednesday as a Zhiibaahaasing First Nation man was sentenced to 10 years in a federal penitentiary.

Families and community members had gathered to learn the results of extensive plea bargaining conducted by the defence and the Crown.

Brent Jeremy Kells, 23, pled guilty to manslaughter before Justice Robert DelFrate on June 20. Originally, he had been charged with first-degree murder after his arrest on November 27, 2005. He had been taken into custody by the United Chiefs and Councils of Manitoulin (UCCM) tribal police after the body of his common-law partner, Maryann Davis, was discovered at 340 Sagon Road in Zhiibaahaasing. The mother of two had been killed by a single gunshot wound to the right eye.

The matter did not reach a preliminary inquiry stage until November 14, 2006. During the four-day hearing, defence attorney James Weppler urged the judge to make a distinction between first-degree and second-degree murder. He pointed out that first-degree murder involves calculated planning and deliberation. He argued that the evidence presented did not support the capital murder charge.

However, Justice Louise Serre ruled on November 29, 2006 that Mr. Kells would be committed to stand trial on the first-degree murder charge. Since that time the defence and the Crown have been involved in a plea bargaining process.

Last Wednesday the results of these negotiations were revealed in public. A joint submission was heard by presiding Justice DelFrate. Although he agreed to weigh the joint submission carefully, he reminded court that he was not bound by the negotiations if he felt they were inappropriate in the circumstances.

The first order of business was to withdraw an obstruction of justice charge against Robert Kells, father of the accused. As part of the plea bargain, the Crown dropped the charge, noting the evidence was weak in that matter.

Then Mr. Weppler, lawyer for Brent Kells, asked Justice DelFrate to examine what is known as a "Gladue Report" prepared by the UCCM justice project before sentencing. He asked the court to show compassion for his client's life experiences.

Gladue reports take their name from a Supreme Court of Canada decision (R v. Gladue) delivered on April 23, 1999. The decision set out the parameters of section 718.2 (e) of the Criminal Code regarding the sentencing of offenders, in particular Aboriginal offenders. The Gladue decision requires sentencing judges to consider all available sanctions other than imprisonment and to pay particular attention to the circumstances of Aboriginal offenders. In Toronto, for example, three "Gladue courts" have been established with several caseworkers hired to prepare reports for defence counsel, the Crown and the judges. In the documents, the background of the Aboriginal offender is detailed and recommendations are made for courts to consider. Since 1999, Gladue principles are supposed to be engaged whenever a decision-maker is dealing with the liberty of an Aboriginal person at any stage of the justice system.

The Gladue report prepared for Mr. Kells has been withheld as it contains confidential medical information.

The Crown, represented by Lorraine Ottley, reminded the court that Gladue principles do not apply when the crime is of a particularly serious nature. In cases where the offence is extremely violent, the sentence will probably be similar to that accorded to non-Aboriginal offenders.

In summarizing the defence's position, Mr. Weppler characterized the shooting of Maryann Davis as a terrible accident. "This is about a tragedy in which a warm, loving and intelligent young woman tragically died," he said.

And he stressed the death had also been a tragedy for his client since Mr. Kells had lost "his life companion and the mother of his son." He acknowledged that the death had been caused by negligence but emphasized that his client did not commit murder. "He did not intend to kill Maryann Davis," he reiterated.

Mr. Weppler offered Justice DelFrate witness impressions of the relationship between Mr. Kells and Ms. Davis. He conceded that both young people faced serious obstacles; however, he argued that the situation was improving just before the shooting.

"The horrible irony is that this incident happened just when their lives were getting better," he said. "The people in Zhiibaahaasing had been impressed that the couple was doing well. Maryann had become part of the community. And everyone was devastated by her death."

Mr. Weppler told the court that his client knows the death was caused by his negligence and that he is willing to take responsibility for causing the death.

He asked Justice DelFrate to impose a 10-year prison sentence with no credit for time served since the date of his arrest. A lifetime ban on firearms possession was also part of the joint request.

In addition, he recommended that Mr. Kells attend a Native residential treatment centre and have access to Aboriginal healing services.

"Brent is aware that this is only the beginning of a long journey ahead," he added. "He has taken responsibility and will try to do something good with his life."

Certain facts are known about the night of the 911 call, the Crown said. Mr. Kells told police he had been holding a .22-calibre rifle when it discharged and shot Ms. Davis. He admitted that he had raised the gun, looked through the sight and pointed it at her head. However, he indicated that he did not know the gun was loaded and that he had not put any shell into the gun. The clip of .22 cartridges was lying on top of the refrigerator at the time. A forensic firearms expert had reported that the gun was not a hair trigger; it would take 4.5 pounds of pressure for the firearm to be discharged. The accused stated that he thought the safety was on and that nothing would happen anyway. To his shock and dismay, the .22 rifle went off and shot Ms. Davis, the joint statement said.

The defence had argued at the preliminary hearing that the accused did not know there was a cartridge in the gun when he pulled the trigger. In addition, witnesses reported that the gun was defective and extensively damaged.

Ms. Ottley urged the judge to weigh the accused's prior criminal record and the facts of a previous conviction in the sentencing decision. She pointed out that Mr. Kells had been convicted on November 10, 2003 of assault with a weapon against Maryann Davis while he was on probation. He pled guilty and admitted that he had argued with her, called her names, yelled at her, grabbed her, threw her on the bed and choked her. Then he picked up a crow bar, smacked it down on a desk and said "if you do not move, I'm not going to put it through your head." When Maryann moved, he swung the crow bar at her and just missed her head. He then punched her in the face. Mr. Kells said he was going to kill himself and grabbed a knife and started swinging it around wildly. Maryann and another witness wrestled with him to get the knife away as they were trying to prevent him from harming himself.

The agreed statement of facts also states that the accused was on a recognizance of bail which prohibited him from having any contact with Ms. Davis. He had also been ordered to abstain from drinking and from possession of any firearms. A 10 pm curfew was also in effect at his parents' residence.

The Crown emphasized that Mr. Kells was prohibited from owning a firearm at the time of the shooting as a result of the previous conviction for assault with a weapon on Ms. Davis.

"This sheds light on the shooting incident and his explanation of it," Ms. Ottley said. "There were remarkably similar intentions in both incidents (the crow bar and the shooting). With the crow bar, he seems to have been trying to frighten and terrorize her with the crow bar."

According to the Crown, it is important for sentences to "deter others from using weapons against spouses in cases of domestic violence."

She acknowledged that domestic violence is as prevalent in this jurisdiction as it is in any other jurisdiction in Canada. "It's a scourge on society," she said. "And it sometimes culminates in the death of a spouse. These people have to be deterred from using weapons that can result in very tragic events."

To illustrate the nature of the five-year relationship between the accused and the victim, the Crown also introduced excerpts from a computer diary kept by Ms. Davis. In her journal, she detailed her struggle to cope with her mate's "lies, jealousy and abuse." Although she knew she should leave the situation, she felt she could help her partner overcome his problems.

"I do truly love him, but I fear for him," she wrote. In her view, he was at a "crossroads" and would have to find a way to deal with his anger and trust issues. Again and again she prayed for "a chance to live my life freely, away from all this pain."

Despite the anguish and confusion apparent in the written pages, she was looking ahead to a positive future. Her diary documents her hopes, dreams and her aspiration to "help those unfortunate people who have lives like mine."

Victim impact statements from the Davis family were also presented.

At the completion of the joint submission, Justice DelFrate offered Mr. Kells a moment to address the court. Wiping away tears and clutching an eagle feather, the accused expressed remorse and asked the Davis family for forgiveness. "I'm so sorry; there are no words for what I'm feeling. I wish it was me."

After the statements, Justice DelFrate summarized the purpose of sentencing in the Canadian system. A sentence is meant to ensure a just and safe society and to denounce unlawful conduct, he noted. It is also intended to deter offenders and separate them from society, but it should also offer rehabilitation and repair of harm to victims and the community.

Mr. Kells was sentenced to 10 years of incarceration on top of time served. A lifetime ban on firearms possession was imposed.

The judge accepted the defence's contention that Mr. Kells had experienced serious difficulties in the medical, educational and emotional aspects of his life. He also recognized that therapeutic resources were not as available as they should be on Manitoulin.

"You will still be a young man when you get out," he advised Mr. Kells. "I strongly recommend that you take whatever treatment is offered and make strides in your recovery or else it's just a matter of time before you are back in court and back in jail."

He extended his sympathy to the families for the loss of Ms. Davis. "She was a special person, deeply loved and admired," he said.

And he urged them to emulate the "love and forgiveness shown by Maryann" in her life.

After the sentencing, the Davis family issued a statement through Maryann's uncle, Merdick McFarlane: "First and foremost in our minds is that this terrible tragedy has no end or resolve that allows this matter ever to come to a close. Our family has lost a beautiful young person who was a daughter, a mother, a granddaughter or a niece to us. Her death leaves a void in each and every one of our hearts, a hole that may never fill, and yet we also come to the realization that the Kells too have felt our pain, and have wept tears of grief over the loss of Maryann, a girl who lived on their First Nations."

"We acknowledge," the statement continues, "that in this type of circumstance, all either party of this terrible tragedy can do is rely on the court system to resolve the issues related to Maryann's death and come to some type of sentence that is seen to fit the circumstances. The crown attorney's office's decision to plea bargain is probably well within the crown's right to do so, but most family members are left with a sense of betrayal and perhaps a bit of mistrust in the judicial system at being left in the dark as to the arrangements made. We hope that future letters to the crown attorney's office will shed some light on the process so that we may understand how this sentence was arrived at."

The Davis family wishes "to thank the investigating officers for their support and kindness to the parents and family of Maryann Davis and to the many people who supported the trust fund set up by the Community of Christ Church on behalf of Maryann's daughter," the statement adds. "The release of information on the sentencing of Brent Kells brings to a close another chapter in the death of Maryann; however, her story should never be forgotten nor go untold as the years pass. To do so would be like admitting that her life and the lives of other victims of this type of violence are meaningless in our society. Perhaps some day her story will be told in hopes of ending the cycle of violence against women."

The case has also been followed closely by the board and staff at Manitoulin Family Resources (MFR) and Haven House Shelter. This week they issued a prepared statement voicing solidarity with the Davis family and all the families who are affected by violence against women.

As expressed in a letter to the Expositor, MFR directors said: "While we appreciate that consideration was given to the history of domestic violence in this relationship, we do not share the opinion of the Crown Attorney that manslaughter was the appropriate result in this case. We agree that a sentence of ten years is significant; however, the representatives in Manitoulin's justice system need to be willing to dig in, work hard and fight for the true experience of the women and children who are the victims of woman abuse. When women in our community are seriously injured or killed, it is dangerous to let these incidents be known as accidents, because it reinforces the attitude that woman abuse is not a significant problem here. There are sometimes more important principles than the sentence attached to a crime."

The Crown stands by the outcome of the plea bargain. According to Ms. Ottley, "the sentence imposed is approaching the maximum of sentences normally imposed for manslaughter convictions. And there was substantial risk if the matter proceeded to trial that the sentence would have been much lower."

She indicated that in many cases manslaughter convictions are often two or three years or less.

The opinion of Justice John Poupore, chief administrator for the region, was sought during the negotiations, she noted. And he was convinced that manslaughter is the appropriate conviction in this case. The Crown also consulted with senior police officers, senior crown counsel and the mother of the deceased. Again, the consensus was that a manslaughter conviction was appropriate, according to Ms. Ottley.

Friday's 'Day of Action' focuses on swing bridge, ferry

MANITOULIN-Demonstrations and possible blockades are anticipated across Canada this Friday as Aboriginals protest the sluggish pace of land claims settlements and the high rate of First Nations poverty, but the expectation is that holiday traffic won't be appreciably affected on Manitoulin.

A memorandum circulated by the United Chiefs and Councils of Manitoulin (UCCM) indicates that a rally will be held at the swing bridge from 10 am to 1 pm on Friday, but "there is no desire to block traffic or otherwise create animosity with the non-Native population and risk losing support."

While the rally isn't meant to be confrontational or disruptive, a strong message is still meant to be communicated. "We hope that by demonstrating together we can show our neighbours that there are serious outstanding issues that their governments should be settling, fairly, with us," the UCCM message notes.

The Assembly of First Nations (AFN) is calling for Natives across Canada to take to the streets for peaceful demonstrations as part of what is being called a National Day of Action. AFN Chief Phil Fontaine will be participating in a rally in the nation's capital, with several unions, including the CAW, having pledged to show solidarity by marching alongside the Native leader.

One First Nation in Manitoba had earlier vowed to halt rail traffic, but has since decided to call off the blockade, in large part because Indian Affairs Minister Jim Prentice was able to defuse the threat through a hastily arranged land settlement.

Manitoulin would be particularly vulnerable to any protest that cut off access via either the swing bridge or the Chi-Cheemaun ferry, and officials with both the Ministry of Transportation (MTO) and the Owen Sound Transportation Company (OSTC) are bracing for the possibility of a disruption. But the hope is that there won't be any delays for travellers.

"At this point we've heard nothing more than rumours," said Ian Dean of the OSTC. "There's nothing substantial that we know of, so we're treating is as business as usual."

M'Chigeeng councillor and activist Forry Hare said that while the Manitoulin rally should be a peaceful one, he couldn't speak for what might happen elsewhere. "I haven't heard too much from my friends down south, but I'm sure there's something in the mix," he said. "It's hard to predict. It might not be on the Island, but that's all I can say about that."

Mr. Dean said that Highway 6 south of Tobermory was blocked by protestors on one occasion in the 1980s. "It meant that people had to detour around on a side road, and the ferry was delayed for 20 minutes," he said.

In this case, he isn't sure what to expect. "We can't really prepare until we know what's happening," he said.

The Friday of the Canada Day long weekend is typically one of the busiest times for the Chi-Cheemaun, and despite the potential for an interruption in the schedule, "bookings are certainly on par with previous years," said Mr. Dean.

EDITORIAL

More should  have been done to prevent tragic death

The plea bargaining is over and Judge Robert DelFrate has sentenced Brent Kells to 10 years in a federal penitentiary on a conviction of manslaughter in the shooting death of his common-law spouse Maryann Davis 18 months ago.

Naturally, there is concern with a conviction of manslaughter when the young woman died from a gunshot wound after the accused pointed a rifle at her head and pulled the trigger.

But the "I didn't know it was loaded" defence has been used successfully before and doubtless will be successful again in cases of this nature.

What is just as distressing, though, are the court-ordered circumstances that ironically allowed the star-crossed couple to come together to a tragic conclusion, at exactly the time when they should have been kept far, far apart from one another.

Zhiibaahaasing First Nation is a small community both geographically and, in spite of Stats Canada's recent finding of a 52.9 percent population increase, in numbers as well: there were, in 2006, a total of 56 community residents.

And by the very nature of this new First Nations community, virtually all of the homes and community buildings are located quite close together.

Mr. Kells had a history of trying to inflict violence on Ms. Davis. That's part of the record.

At the time of her death, Mr. Kells was free from jail from this prior assault charge but on a bail condition that prohibited him from having any contact with Ms. Davis, together with other conditions concerning his possession of firearms and use of alcohol.

But the fact is that, in this tiny, postage-stamp sized community, he was allowed to roam about (ostensibly under his parents' watchful eyes) until 10 pm in the evening.

The thing is, Maryann Davis also lived in this same tiny, postage-stamp sized community and the reason Mr. Kells was out on bail was because he had broken the previous terms of the probation imposed on him after an assault conviction against the same young woman two years earlier.

So there he is: convicted of a (by all accounts potentially deadly) assault charge and allowed to remain in the same tiny, postage-stamp sized community as the woman he'd assaulted.

But he was ordered not to have any contact with her.

What a joke.

With all respect, the tragedy that took Ms. Davis' life and has, in all probability, ruined not only Mr. Kells' life but the lives of Ms. Davis' two children, might well have been prevented had the court either imprisoned him at the time of the first (or second) offence or, at the very least, required that he live in another community, off Manitoulin Island but with supervision.

In Zhiibaahaasing, and in small villages similar to it, it's virtually impossible to not see and run into virtually everyone who lives there on a fairly frequent, if not daily, basis.

A defence lawyer and/or social worker who argued in favour of allowing Mr. Kells, who had amply demonstrated his ability to be violent, to remain in the same small community as Ms. Davis has much to answer for.

In a perfect world, people like Mr. Kells and Ms. Davis would have gone out of their ways to avoid contact.

But it had already been demonstrated to a fault that theirs was not a perfect world and that at least Mr. Kells desperately needed, as a minimum requirement, some imposed common sense.

Instead, common sense was ignored by the very agencies that should protect people like Mr. Kells and Ms. Davis, not only from one another but perhaps more importantly from their own inclination to make bad judgments.

In this case, back whenever the bail terms were imposed on Mr. Kells, he had repeatedly demonstrated his ability to behave recklessly at Ms. Davis' expense. That he did so at least one more time with such tragic results reaches far beyond irony.

He should not have been allowed to remain in the same tiny community where she also lived, and any agencies dealing with similar small-town situations like this in the future must be mindful to err mightily on the side of caution and not on the side of "hoping for the best."

LETTERS TO THE EDITOR

Story and headline about lawsuit deemed innacurate

Former chief Walter Manitowabi is owed an apology

To the Expositor:

The article dealing with the Drew Reid lawsuit in last week's Expositor ("Wikwemikong band, Wiky police force, former chief face lawsuit brought by ex-FirstTel boss," June 20) is misinformative to say the least. Misinformative with respect to the part referencing a "former chief." Current Chief Robert Corbiere's predecessor is Walter Manitowabi, and this issue has no relevance to Mr. Manitowabi. This young man has a business which could be severely impacted upon by the Expositor's inaccurate headline.

As a band member of this reserve I am more than a little tired of the Expositor's inaccuracies when it comes to Native news. The writer of the article ought to have checked out the facts prior to printing. It is also incumbent upon the editor of the newspaper to ensure the articles are accurate and fair. Just as there is always the contingent liability aspect in situations, so too in the reporting of news.

As an institution receiving accolades in the world of journalism, one glaring mistake or oversight diminishes the significance of that institution's progress.

It is my feeling, and likely others, that Mr. Manitowabi is owed a sincere apology.

Eugene Manitowabi

Wikwemikong

EDITOR'S RESPONSE: In citing a "former chief" in our headline, we were referring to Gladys Wakegijig, one of three council members who are clearly named in the second paragraph of the story (none of those names being Walter Manitowabi) as targets of a recently filed lawsuit. While Ms. Wakegijig may not be the present chief's immediate predecessor, she is certainly a former chief, having served in this capacity from 2001 to 2002. (So, for that matter, is the letter writer himself, who held the post of chief immediately prior to Ms. Wakegijig.) The story makes no reference to ex-chief Walter Manitowabi, and the headline was in no way intended to implicate him in the legal matter described therein. If some readers made that association, we regret the confusion, but stand by our reporting on the subject and the accuracy of our headline.

Outcome of Kells case minimizes severity of the crime

What message does this send to our community?

To the Expositor:

When will woman abuse be taken seriously? In November, 2006, a lengthy preliminary hearing resulted in Brent Jeremy Kells being committed to stand trial on the charge of first-degree murder in the shooting death of Maryann Davis. Last Wednesday, a plea of guilt was entered on joint submission between the crown and defence to the lesser charge of manslaughter. The difference between these charges is the matter of intent; the crown attorney and the presiding judge have accepted that the events of November 26, 2005 were accidental in nature. In recognition of the history of domestic violence, a significant sentence of 10 years in addition to time served was imposed. Is a significant sentence more important than attempting to prove a woman was murdered? What message does this send to our community?

At the time of the killing, a recognizance of bail was in place with regard to Brent Kells; he was to appear in court the next week on previous charges of assault against Maryann Davis.  That recognizance stipulated that he was not to have contact with the victim, not to consume alcohol, and not to have in his possession any firearm. He was to be residing at the home of his parents, with a curfew of 10 pm. These conditions were put in place by the court in order to keep Maryann safe. On the night in question, every one of these conditions was violated, and together culminated in Maryann's death. Why are we not to question that this was an accident?

In the statement of agreed-upon facts, the crown referred to a history of "minor assaults," which included threats of self-harm and intimidation with a weapon. In the context of escalating violence, it would be expected that use of weapons would follow; it is unreasonable to conclude that the use of the weapons would be limited to threatening and posturing. In addition, testimony given by witnesses at the preliminary hearing was referred to, which identified that Brent and Maryann seemed to be getting along that evening, and that the relationship seemed to be taking a positive turn. Unfortunately, we know that the "positive turns" in a violent relationship are cyclical and volatile. It should never be assumed that the violence won't return, or that the danger isn't constantly present.

Also referred to was an excerpt from Maryann's computer diary, which showed her selfless and forgiving nature. It acknowledged not only the difficult experience of her life, but also her hopes for a better future with her partner if only he would change his behaviour. This was considered by the court to show her generosity of spirit; unfortunately, it also showed that, as with many victims of domestic violence, her own needs were regularly subjugated in deference to meeting the needs of her partner. We, as a community, need to advocate for the needs and importance of women who continue to live with violence. When they are killed, we need to be willing to question the circumstances and fight for appropriate convictions, not participate in the minimization or denial of reality: woman abuse is an escalating and potentially lethal pattern of behaviour. The judicial process needs to reflect the seriousness of this issue in our own communities.

On behalf of the board and staff at Manitoulin Family Resources and Haven House shelter, we would like to express our compassion and solidarity with the family of Maryann Davis, and all families who are affected by violence against women. We would also like to extend our sincere thanks to the UCCM police services for their commitment and dedication to the investigation of this case. 

Heather Thoma

president, board of directors

Manitoulin Family Resources/Haven House shelter

Reader questions point about return of Ipperwash Park

There has been no decision to date

To the Expositor:

I disagree with the statement in the fourth paragraph of the editorial in the Manitoulin Expositor of June 6 ("History of Ipperwash affair shows tragedy was avoidable"). In it, you state that Justice Linden has recommended that "Ipperwash Provincial Park should also be returned to the band." I think this is incorrect. Premier McGuinty, speaking at a press conference, made some reference to the park being given to the band, but there has been no decision to date.

Gordon Redston

Toronto

EDITOR'S NOTE: One of the Ipperwash Inquiry's recommendations is that "the federal government should immediately return the former Camp Ipperwash army base to the Kettle and Stony Point First Nation."

Donna Osterkruger

Central Pharmacy

Gore Bay

I'm your neighbour

Central Pharmacy in Gore Bay provides the perfect job setting for Donna Osterkruger, who has been employed there for about 10 years.

"I really enjoy working with the people here, and the customers," she says. "I tried working for another local company, but I only stayed there three days because I wasn't dealing with people, which is something I really enjoy."

Ms. Osterkruger's position at Central Pharmacy is certainly varied. "I do a little bit of everything: working at the cash, helping Kidane (Gebrekristose, the owner of the business), cleaning, stocking shelves, invoicing on the computer, and ordering-everything except filling prescriptions."

"There is never a dull moment around here," she adds. "There is always something to do, or someone to enjoy a laugh with. I don't know how many times Kidane has had me in tears laughing from some joke or silly thing going on at the store."

Mr. Gebrekristose opened Central Pharmacy 21 years ago, and the store has expanded its services extensively over that period of time. Central Pharmacy provides customers with prescription drug services, computer and office supplies, Internet services, photocopying, magazines and novels, and a picture maker.

"Everybody gets along so well here," says Ms. Osterkruger. "And yes, one of the best parts of the job is seeing the customers on a regular basis, or meeting new customers. We have one regular customer who comes in every Thursday and asks for Smoky, which is what he calls me. It is people like that who make it enjoyable to go to work every day."

"I certainly enjoy my job," Ms. Osterkruger says. "I'd be lost if they ever fired me."