The courthouse in Midland was packed with an overflow crowd for the appearances of the 17 accused in the Stop Dump Site 41 protest.
Their cases were remanded to December 3.
“We were protecting the water and Mother Earth, we’re not guilty of anything,” said Patricia Watts, one of the accused, as SDS41 supporters gathered outside the courthouse after the morning’s proceedings were over.
Lawyer Peter Rosenthal, who represents a number of the protestors, said he felt that, by today, there should have been full disclosure to the defence of the evidence assembled by the Ontario Provincial Police.
He added he was disappointed that the Crown did not accede to his request to have the charges dropped.
Rosenthal said he had pointed out to the Crown that the construction which took place in the summer of 2009 had not been duly authorized by Simcoe County Council as required by a 2007, resolution authorizing preliminary work at Site 41.
The charge of mischief relates to interference with the lawful use of property and in this case, the construction was not lawful, it was being pursued by staff without proper authority, he said.  
“Given the way things happened here it’s clear that the protestors who stopped (the construction) were really reflecting the will of council in fact as we learned on August 25 when they passed the moratorium, and on September 22 when they shelved the whole project,” Rosenthal said.
“You 17 people did not only the right and proper and important thing as far as the water, but also in fact really reflected the will of council.”
It would be in the public interest for the Crown to withdraw the charges, he said, and if it had been done today it would have saved a lot of effort and expense for police, lawyers and members of the public.
Rosenthal suggested that Warden Tony Guergis, who has said he wants to mend fences and move on from this divisive issue, could issue a public statement calling for the charges to be dropped.
If that doesn’t happen December 3, Rosenthal said the cases will be put over then and  trial dates set for some time in the new year.
There were loud cheers when Jen Meunier reminded the crowd that the protest camp will continue at the Site 41 until the Certificate of Approval is revoked.
At their September 22 meeting, Simcoe County Councillors voted against considering a resolution calling for the Ontario Ministry of the Environment to revoke the C of A.