Caledonia judge angry with OPP over unenforced injunctions

Hamilton Spectator
Thursday, June 01, 2006 | Updated at 3:30 PM EDT

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Ontario Superior Court Justice David Marshall berated the OPP before a packed courthouse in Cayuga for not keeping him updated on why two court injunctions he issued were not being enforced.

Lawyers for the OPP said the police has used discretion in a situation they described as highly volatile.

"He's being very blunt and coming right to the point," said Haldimand County Mayor Marie Trainer.

"He asked the OPP lawyer why he wasn't enforcing the rule of law."

"I have every confidence he will come out with a solution to this."

The injunctions involved the occupation of Douglas Creek Estates and a blocked rail line that has led to nine of 45 Railink Canada employees being laid off, court heard.

Judge Marshall said he expects to make a decision by the end of the day.

The Six Nations confederacy, which challenges the jurisdiction of the court, refused to send any representatives to the court to speak on its behalf.

However, Darell Doxtdator, who is representing the elected Band Council said he hopes Justice Marshall realises that his order is being acted upon, and that progress is being made at the negotiating table. Doxtdator said that they need time to find a peaceful solution.

The police presence is high at the Cayuga Court House.

Everyone who entered the building was searched by the police.

After a short break, Marshall was back in court escorted by the OPP.