Three acquittals and an absolute discharge in Landowner mischief case

Monday, May 4, 2009

© AgMedia Inc.

by TREENA HEIN

Two leaders of the Ontario Landowners Association and an area farmer were acquitted on mischief charges in the Ontario Court of Justice in Renfrew last week.

The charges were laid against Jack MacLaren and Edward Kennedy, the Association’s president and governor, respectively, along with farmer Larry Reid, after a protest June 23, 2008 held at the Township of Horton office. MacLaren says hay bales placed outside the doors closed the office for three hours and prevented three township employees from working.

Cindy Reid, Larry Reid’s wife, pled guilty to a charge of mischief stemming from an associated protest June 19, when she was seen placing straw and manure at the Horton Community Centre.

Mrs. Reid received an absolute discharge on Friday. She will have no criminal record and no conviction is entered in court records. Any information relating to the offence cannot be disclosed after one year from the date of the discharge order.

MacLaren says the protests were a response to the Township of Horton’s decision to install two 10,000 gallon septage (sewage from septic systems) storage tanks on township property 125 feet from the Reid home, as part of a pilot project.

MacLaren says Justice Jane Wilson stated in her decision that the Crown failed to prove the three accused men placed the hay bales at the office. He adds that she noted both the protest actions were peaceful and no damage had been done.

Crown attorney Jason Nicol would not comment on the decision or if there were plans for an appeal.

“Of course on a personal level, we’re glad we were acquitted,” says MacLaren. “It’s a relief that we were not convicted and did not receive criminal records.”

“As far as our organization goes, we’ve been vindicated,” he observes. “We are not a criminal organization, we are political activists who stand up for bad government decisions, and the move to install these septage tanks was a bad decision.”

MacLaren adds that he and many other Association members are angry that criminal charges were laid. “Government should realize that protests against government actions happen on a routine basis, and that we the people of Canada have the right to demonstrate,” he says.

If the Reids wanted to locate a storage tank for manure on their farm, says MacLaren, they would have to comply with the stringent requirements of the Nutrient Management Act, which requires a much larger distance between a house and any proposed tank. BF