Judge frustrated as Caledonia injunction stagnates

CBC News: http://www.cbc.ca/news
Last Updated: Wednesday, July 5, 2006 | 6:00 PM ET

[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.]

An Ontario judge says it's "outrageous" that an injunction issued more than three months ago calling for the removal of protesters from property at the heart of a disputed land claim in Caledonia has not been carried out.

In a courtroom in Cayuga Wednesday, Superior Court Justice David Marshall said that the rule of law must be honoured and he intends to find a solution.

It was the third time in five weeks that the parties affected by the occupation of the Douglas Creek Estates development met in court since Marshall issued the injunction Mar. 22.

Marshall is ordering the parties to return on July 24 to submit ideas on how to deal with the failure to enforce the injunction. There will be another hearing to discuss an appropriate penalty for contempt of court.

Land deal finalized

The developer, Henco Industries, released a statement Wednesday confirming that a deal to sell the land to the province has been finalized.

Under the agreement, Ontario will buy the property for $12.3 million, plus pay an extra amount for the loss of future profits. That is under negotiation.

Henco Industries and the province have agreed to a 45-day negotiation period, after which the issue would go to binding arbitration if needed.

The province has said it plans to hold the property in trust until a final decision on the disputed land claim is made.

Aboriginal protesters have occupied the construction site since Feb. 28 under claims that the land is part of a land grant from the late 1700s. The provincial and federal governments have maintained the land was later surrendered.