Marshall continues to monitor rule of law

Karen Best
Dunville Chronicle
Local News - Wednesday, June 21, 2006 @ 05:00

[SISIS note: The following mainstream news article is provided for reference only, as an example of how mainstream media treats indigenous resistance to genocide. Mainstream media often presents biased and distorted information, lacking pertinent facts and/or context. Inclusion of this article on our site should not be considered an endorsement by SISIS.]

A Superior Court of Justice judge will continue to monitor the rule of law in Caledonia but stepped back from taking further action to allow negotiations to proceed.

"It's a case with a nasty underside," said judge David Marshall at a special hearing on June 16. He wanted the Six Nations and Caledonia situation to be taken to a safe and reasonable solution. If it would be helpful, he will call back all involved parties for another hearing. He will continue to monitor the situation and, if necessary, he will issue further orders.

The hearing was set after a June 1 court proceeding called by the judge to explore how the rule of law could be returned in Haldimand County. After the recent hearing, Marshall said he was not entirely happy that a decision to negotiate temporized application of law and enforcement of his orders of contempt on those who are on the occupied subdivision.

This emboldened contenders and has damaged Six Nations and Caledonia on a social and community level, said Marshall.

It also fostered disrespect for the administration of justice, he added.

There are compelling reasons to follow the rule of law and when it is not followed the results were evidenced in Caledonia, he said.

"Haldimand County and Six Nations are very damaged," said Marshall.

"I expect we have not yet seen the extent of the damage."

Marshall had no doubt about the good intentions of negotiators but said they had a grave responsibility to bring this matter to a speedy and satisfactory solution for both communities.

At the beginning of the June 16 hearing, Dennis Brown of the Ontario Attorney General office announced $1 million in funding for business recovery in Caledonia and upcoming talks about assistance for residents most effected by the Six Nation occupation of Douglas Creek Estates.

Brown also reported that the Ontario government and Henco Industries had entered an agreement in principle for the province to buy the 40 hectare subdivision.

The land will be held in trust until use and ownership is resolved by the main table of federal, provincial and Six Nations governments, he continued.

Six Nations residents have planted crops on 250 acres at the closed Burtch Correctional Centre near the Six Nations reserve and Brantford.

As part of the negotiating settlement, title of the 400 acre property will be transferred to Six Nations, said Brown.

After his announcement, Charlotte Bell of the Canadian Attorney General's office expressed confidence in the main table negotiations and asked all effected parties to give the process a chance. She represented Indian and Northern Affairs minister Jim Prentice and federal attorney general Vic Toews.

Michael Bruder, who represented Don and John Henning of Henco Industries, said the province's offer to purchase the property is a significant positive step.

While positives steps have taken place, the situation in Caledonia remains delicate, said Christopher Diana who represented OPP in court. OPP took incidents of June 9 very seriously with significant concern arising after an officer was injured, he noted. This occurred when a U.S. border patrol vehicle was driven away by a Six Nations person, who has been charged with theft and attempted murder.

After hearing submissions from lawyers representing involved parties, Marshall convened a case management meeting closed to the public and himself. Lawyers met to come to a consensus on procedures and future actions.

Six Nations residents who attended the court said they had a legitimate claim to the subdivision. A Mohawk woman said lifting of the injunction when the property is purchased by the Ontario government will not change anything. She said her people are not subject to Canadian law. The Haudenosaunee follow the Great Law of Peace and under it the Creator guides people and fosters good minds and good hearts and respect.

Darrell Doxtdator, who is an advisor to Six Nations band chief David General, said the proceedings were a step forward. "We're going to take every step as progress," he added.

Kevin Clark, who lives on a street near the subdivision, said residents were not addressed in this hearing. "We are crying out for help. We're not being heard," he said.

Clark reported many incidents of violence and intimidation in his neighbourhood. On June 9, natives doused fences with gasoline and threatened to burn them. Rocks were lobbed on to town streets by natives using lacrosse sticks. Children no longer play in their backyards.

The night before the hearing, a resident was harassed and spotlights were directed into his or her home, said Clark. He said natives were digging like crazy, opening up pick up truck sized holes on the west side of the subdivision.

On the court grounds, Mark Hauser and Ian Garson showed their frustration with signs asking for justice for all and restoration of law an order. Hauser said the provincial purchase of the land may bring down tension but he has long since given up on the government. He had an issue with OPP brass and the failure to enforce the law. "Police are driving around and not doing much," he observed.