Summary: When McGuinty bought the Henco land it was for one reason and that was to subvert the will of the Court, to overrule a Court Order, to make Judge Marshall impotent.

Proof of Subversive Actions

Timing of Purchase:

The Henco land purchase was done within one week after Friday, June 9/06, where numerous crimes and finally, warrants were issued. Within days of McGuinty proclaiming that the barricades had to come down three important events took place. First, clearly McGuinty got angry and got involved. Second, the Natives were given 270 acres in return for taking down the barricades. Third, McGuinty paid $12.3 million to Henco for the land. Five months of standoff and in a few short days we see cash and land transfer and the end to the barricades on Hwy 6 and the Railway.

Nothing can happen that quickly without direct involvment of McGuinty and/or his Ministers.

McGuinty was faced with three realities. 1) Natives were becoming increasingly violent. 2) Negotiations hadn't even really started about land claims. 3) Judge Marshall would not give up on his court order.

In fact, the day the land purchase was announced is the day the lawyers had to appear before Judge Marshall. “The land will be held in trust until the issues of ownership and use are resolved,” Lawyer Donald Brown told a hearing before Justice T. David Marshall of Ontario Superior Court. “The ultimate use of the land has not yet been decided.”

I don't think it is too far fetched to say that the land purchase was done in time so the Ontario Government could tell Judge Marshall, on June 16th, that Henco no longer owned the land and because of this, his injuntion was no longer needed.

Why buy the land?:

One would think the purchase of the land would be so the Government could hold the dispursed land in trust until the rightful owners were determined. Isn't that what Mr. Brown told Judge Marshall in court?

We all have seen the land the Government bought with photos of the half built homes, currently occupied by Natives, and the open field. But the Government never bought the half built homes [story]. The Government isn't holding in trust the dispursed land as they claimed before Judge Marshall.

The half built homes currently occupied by Natives are owned by 6 other developers and still are owned by them. Up until a few days ago Remax still had the homes listed on the internet as being for sale.

Faced with 7 companies owning various land and property in the DCE area, McGuinty bought out one company. So why buy out just that one company? The answer is simple - Henco is the only company that was behind Judge Marshall's court order.

What is Judge Marshall's view of the Protester's refusal to leave?:

Prior to June 16th the Ontario Government was well aware of Judge Marshall's position and that he was becoming a thorn that was continously rubbing against both the OPP and the Attorney General.

Former Conservative 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."

On June 1, Justice David Marshall decided to call Prentice and Canadian attorney general Vic Toews to court on June 16. Based on advice heard at a special hearing at the beginning of the month, he is asking the federal ministers to get involved in the Caledonia and Six Nations situation. The request for federal involvement in the return of law in the community arose out of a hearing called by Marshall. In an rare move, he requested the presence of representatives of the OPP, Henco Industries, Railink, the Ontario attorney general, Six Nations band council, Six Nations Confederacy council and Haldimand County.

It was becoming increasly clear that Judge Marshall wanted to move ahead and was going to force the hands of both the OPP and McGuinty. "The Superior Court of Justice has the ultimate responsibility to ensure peace in the community is returned under the rule of law," said Marshall.

Denise Dwyer, who was representing OPP commissioner Gwen Boniface, said the law was enforced and court orders were followed. She said OPP needed to exercise their right to discretion for their safety and the safety of the public in the face of "a very volatile protest". She was willing to provide the judge with high level information on police actions.

"We're here to find out what you're doing and why you're doing it," said Marshall. "The rule of law to some extent has been set aside. Give us your reasons."

It was clear to the OPP and McGuinty, via the Attoney General, that Judge Marshall believed that he, not them, had the 'uttimate responsibilty to ensure peace.. and return.. to the rule of law.'

How then can you deal with a Judge who would back off?

Since June 16th we get the picute of just how serious it is to Judge Marshall about the fact both the Natives have refused to leave and the OPP have refused to enforce his orders.

"This is a matter at the very heart of the administration of justice," Marshall said in court. "If court orders can be disregarded the whole fabric of democracy falls to pieces."

Mr. McGuinty was faced with two realities: 1) Natives refused to leave; 2) Judge Marshall continous to be involved in the case. McGuinty had to make a choice - enforce the court order or nullify it.

Faced with what Judge Marshall said was the very heart of the administration of justice and a disregard for the whole fabric of democracy, McGuinty did what politicans do - he spent our money.

Not to buy out all 7 companies involved but the one that McGuinty believed would end Judge Marshall's involvement.

McGuinty's Subversive Actions:

It was not to hold the land in trust since most of the land is still in private ownership. It was a direct attempt by McGuinty and the Attoney General to Subvert the stated will of the Court, to Subvert the very heart of the administration of justice, to Subvert the very fabric of democracy.

This is what McGuinty is guilty of. It is not that he wasted taxpayer's money or set a precident for future dealings. McGuinty attacked the will of the court. He and his cronies at the Attoney General's office devised a plan to make Judge Marshall impotent.

It didn't Work - McGuinty's worst Fears:

What McGuinty and the lawyers didn't count on is that Judge Marshall would not give up. They may have remove the original reason for the court order but those who broke the court order still have not been arrested nor do they intend to obey Judge Marshall.

Failing at making Judge Marshall impotent and the growing evidence that serious criminal activities are continuing in Caledonia, McGuinty is left with nothing but to start leaving the lesser people to fall on their sword - Gwen Boniface is the first, more will come.

Knowing that his days are numbered and that at some point Judge Marshall will have had enough, we can be assured that McGuinty has Plan A, B and C. One would think the simplest solution would be to enforce the law, but that would be to admit the 5 months of delay didn't work. No politican will do that.

Instead we will see backroom deals, secret buyouts, politican interference in the democracy process as a means of getting around the Court Order - Stay Tuned for Details.