Ont. judge wants Ottawa involved in land claims dispute

CBC News: http://www.cbc.ca/news
Last Updated Fri, 02 Jun 2006 13:13:10 EDT

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An Ontario judge will compel both the federal attorney general and Indian affairs minister to get involved in a contentious aboriginal land dispute in the province.

Superior Court Justice David Marshall said Thursday he will contact Indian Affairs Minister Jim Prentice and Attorney General Vic Toews to hold a "case conference" that will compel the federal government to become involved in the issue.

Marshall, who adjourned proceedings until June 16, wants to know why no one had enforced his injunction order to have aboriginal protesters removed from a construction site they continue to occupy in the Caledonia land-claims dispute.

The Six Nations protesters claimed the housing development near the town southwest of Hamilton is being built on land that they owned historically and had never surrendered.

In a statement issued on Thursday, Prentice said the federal government would "co-operate fully with the courts."

Earlier this week, Marshall ordered representatives of the native protesters, town, police and Ontario Attorney General Michael Bryant to appear before him in court Thursday to explain why the order wasn't carried out.

Instead, tensions continued to escalate at the site, as the Ontario Provincial Police raided the land, the native protesters blockaded roads and non-native residents from town staged a counter-protest that led to some punches being thrown.

Although the native protesters eventually agreed to remove one of three road blockades, they still occupy the housing project.

Former Conservative provincial solicitor general Bob Runciman said Marshall's move shows the court feels the government did not and is not upholding his order.

"On the surface it appears that way," he said.

"Apparently Superior Court Justice Marshall has some concerns that they indeed are flouting his order, and that the attorney general is not fulfilling his constitutional responsibilities to uphold the rule of law and to uphold the law equally for all residents of Ontario."