Judge vows law and order will return to Caledonia

Paul Legall
Hamilton Spectator
CAYUGA (Jul 6, 2006)

[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.]

The Henning brothers want to drop their injunction ordering native protesters off Douglas Creek Estates now that they've sold the property to the province.

But Ontario Court Justice David Marshall made it clear the removal of the injunction wouldn't mean a free ride for the people occupying the site.

"In my view, the court has a responsibility to vindicate this process and to move ahead ... I now intend to move ahead."

He suggested the continuing occupation of Douglas Creek Estates in defiance of his contempt order had not only hurt but "destroyed" the court.

Vowing a quick return to the rule of law, he described the contempt as "public, outrageous and continual.

"No democracy can function without the rule of law."

In the past, the judge suggested protesters had been "emboldened" because the orders weren't being enforced.

Yesterday, he heard a group of protesters were caught in the middle of the night on June 29 building another barrier across a rail line near Douglas Creek Estates. The interlopers had also disabled flashing safety lights on the track. Members of Six Nations police and native leaders persuaded them to remove the barricade. The OPP is investigating the incident, along with previous allegations of attempted murder, robbery, mischief endangering life, theft and vandalism.

Michael Bruder, a lawyer representing John and Don Henning of Henco Industries Ltd., had asked Marshall in Ontario Superior Court yesterday to set aside their injunction.

They had obtained the order shortly after a group of protesters moved on to the survey and stopped them from building houses.

But it was suggested yesterday the injunction has no force and effect because the brothers no longer own the land. Representatives of the province didn't indicate, however, whether they'd be seeking a similar order on their own.

Outside the courtroom, Bruder told reporters his clients would be getting an initial payment of $12.3 million and an additional amount based on fair market value within 45 days.

Marshall had summoned a number of parties to court to determine why court orders weren't being enforced at Douglas Creek and what could be done to restore the rule of law. The parties included representatives of the federal justice department, the Ontario Attorney General, the Ontario Provincial Police, the Haldimand Law Association, the Six Nations elected band council, Haldimand county and private companies involved in the dispute.

Without ruling on the application to quash the injunction, Marshall adjourned the hearing to July 24. But he made it clear that even if he rescinds the Henco injunction, his own order citing the protesters for contempt will still stand. At the next hearing, he expects the parties to help him determine when and how to enforce the contempt order and how such a move would affect ongoing land claim negotiations between the Six Nations confederacy and the government.

Ontario Opposition Leader John Tory has also called for a quick return to the rule of law as the occupation went into its 127th day.

"The rule of law must return to Caledonia on all fronts," he said yesterday. "Dalton McGuinty must finally show the leadership to bring an end to the continual lawlessness. This means no occupation of any land by anyone; no lawless behaviour by anyone, and no defiance of court orders by anyone."

He said all negotiations with natives should stop until the property is cleared.

Ed McCarthy, a lawyer for the Haldimand Law Association, said the community has no patience with the occupation and urged the judge to take whatever steps necessary to clear the site, even if that means calling in emergency measures.

plegall@thespec.com
905-526-3385