Message to Ontario Court of Appeals Justices

Important Note: Mr. Brown, below, needs reports of things happening after Aug. 22, 2006 - this is very important.

Important!  The Appeal Court Will Hear Submissions From the Citizens Affected.  All Submissions MUST be in Writing to Mr. David Brown of Stikeman Elliot amicus curiae (friend of the court).  You may Contact him at 416-869-5500 OR Email

dmbrown@stikeman.com

Submissions MUST be in by no later than 

Sept 15/06 OR SOONER!

It is IMPORTANT that all submissions be exacting including dates, time, name and contact information to be valid.  We urge all citizens to submit how this occupation has affected their lives.

Below is one such submission by a Resident

Sept. 10, 2006

To: Counsel appointed on behalf of the citizens of Caledonia and the Ontario Court of Appeals Justices.

My name is xxxx xxxx I reside at xxx Braemar Avenue, Caledonia in the Province of Ontario. My home is situated on the front of the dead end court of Braemar Avenue and backs onto the rail line and green space area that was once a working farm and walking trail that all in the area used daily. I am a husband to xxxx and father to three small girls ages 8 years, 4 years and 1.5 years. I have proudly served as a member of the Canadian Forces.

While there has been much talk, speculation and outright spin doctoring over the past 6 months+, I am writing specifically in regards to what I have witnessed and been subjected to through the ongoing illicit occupation and terrorization located on the Douglas Creek Estates and surrounding area. I hold no personal animosity towards members of the Six Nations or other 1st Nations peoples and believe that as part of a civilized society all persons are equal.

During the past 6 months I have witnessed the demise of the rule of law and all that rule implies, the utter destruction of public confidence, trust and respect in one of the finer Police Services in this country (O.P.P.). The very foundation of all that I have sworn to uphold (past and present) has been breached and done so in an overtly and well publisized manner. The following is a break down of what has transpired to my family and me during the past 6 months, this court must bear in mind that mine is only one voice, one home and that you will find a story of transgressions, intimidation and dismay prevalant throughout the community especially those families who border the edges of Douglas Creek Estates and surrounding green space areas.

In mid April of this year I observed various heavy equipment vehicles operating on Douglas Creek Estates, the area had been under protestor control for some time at this point so a police presence was in the area. I witnessed as the heavy equipment began digging in various points what, through my experience, can best be described as defensive entrenchments.

From my vantage point I could see that the "trenches" for lack of a better word were shaped so that their functions would be overlapping and were being set up in a collapsing cover mode. The last time I saw such things was during my time in the military. I pointed such work out to one of the O.P.P. officers in the area who in turn I believe reported such to his command staff.

Two days later the O.P.P. conducted what in hindsight has been determined as a poorly planned and executed raid on the development sight under Judicial Authorization. The result was disasterous. I watched as 4 officers were confronted by 2-3 truck loads of aboriginal men brandishing clubs, axes, shovels and sticks, the officers were forced to retreat from the area and chaos began to reign. Multiple officers were injured and when I exited my once peaceful home I was visually assailed by the sight of large plumes of black smoke rising all around the town from fires set by the occupiers on roadways, as well as the old wooden bridge which crossed the rail line.

Masked warriors accompanied by other masked male aboriginals came to the dead end of Braemar Avenue deliberately targeting persons on their porches with verbal taunts, insults and challenges. No-one was spared from their barrage of hate despite the fact that not one resident had participated in what they stated was an act of war against them. I was personally pointed out by one of the aboriginal males as I was standing at my mailbox collecting the mail. The words are burned into my mind "I know that guy he's a fucking xxxx" the other individuals joined in at that point stating "your a fucking deadman, we're gonna fucking kill you and burn your fucking house down". The same general threats were levied towards me as I walked away calmly and returned to my home.

For the next several days the neighbourhood, once one of the quietest in the town, became a mecca of sorts for vehicles containing tourists/gawkers, aboriginals collecting intelligence (photo's, licence plates, numbers of police in the area etc), media, police tactical units and unmarked surveillance vehicles. Items such as bricks, rocks, chunks of wood, garbage etc were thrown over my rear fence daily from the now occupied, under siege rail line and area. I placed my children in the care of my in-laws due to the extreme safety concerns now present. I requested multiple times for the intersection at Braemar and Kinross to be closed to all but local resident traffic, my requests fell on deaf ears.

A couple of weeks later I discovered that at some point through the night the passenger side wing mirror of my truck had been smashed on my driveway with what appeared to be a pellet or BB gun. A couple of weeks after that my wife and 3 children were travelling in her plymouth minivan on Highway 6 when the front passenger wheel abruptly came off, my wife controlled the now sliding / unsteerable vehicle and was able to bring the vehicle to a stop just prior to entering the ditch at the side of the roadway. It is a miracle in itself that my family was not killed or injured in this matter, buts it's potential for such was not lost on me in the slightest. An investigation by the O.P.P. determined as I had originally believed that the wheel came off due to the lug nuts being loose and subsequently shearing the wheel bolts.

A short time after these events came the 3 day blackout after aboriginal occupiers / supporters severely damaged the hydro station plunging the entire town into darkness and subjecting the entrie region to extreme safety concerns let alone the fridge and freezer contents to destruction. I spent every night awake all night along with several neighbours watching over each others' homes, my children had once again been evacuated from the town and their home.

June 4th I believe is the date, we end up with the officers assigned to the deadend court of Braemar Avenue called away when some of their officers made a wrong turn onto 6th line instead of Highway 6. Upon the officers leaving several residents who were standing at the deadend court talking came under attack and intimidation by approximately 40 aboriginals and accompanied by none other than Ken Hill of Grand River Enterprizes. I attempted to intervene and de-escalate the situation during which I was assaulted by 3 male aboriginals one of whom attempted to strike me in the face with a prohibited weapon (contact taser). It took an inordinate amount of time before O.P.P. officers were able to arrive primarily due to the forcible confinement / abduction of one of their own patrol units and the officers contained within.

June 9th, the attack on the elderly couple in their car on the Canadian Tire Lot and subsequent attack on the CH camera crew was captured on film, as was the lack of action and adherance to the rule of law by the O.P.P. Shortly thereafter a vehicle containing 3 law enforcement officers 2 of which were from the United States was literally "car-jacked" in front of my home while 2 O.P.P. officers watched it occur. I was getting ready for work at the time so I did not get out of the shower and onto the street until it was virtually over however... the male aborginal approaching the officers assigned to the checkpoint was witnessed by all on the street. The aboriginal who had just committed a serious assault, theft of a (for all intents and purposes) police vehicle in front of these officers approached them with his hands outstreched stating "arrest me, c'mon arrest me" the officers did not move, the aboriginal then turned to the crowd of residents now on the street watching this and stated loudly "you see your fucking cops can't touch us, your all next". He then re-entered the stolen vehicle and drove it across a neighbours lawn onto the DCE and away into the trees. The vehicle was returned a while later after Clyde Powless arranged for it however the interior had been destroyed and smeared with human excrement and urine.

Since that time we have been threatened several times that we are going to be burned out of our homes, we have been called bigots, klanadonia (referring to the KKK of the southern states), we have been subjected to nightly disturbances as the protestors pull in behind my home and others in the area to shine large candlepower lights into the rear bedrooms, rev their ATV's for 15-20 mins 3-4 times a night between midnight and 6am. Drive their vehicles and ATV's or walk through the supposed but non-existent 100 foot buffer zone. We have had fires set in the brush lines behind our homes that the fire department refuses to put out because it is too dangerous for them to enter. Gun shots have rung out usually at night but occasionally through the day interspersed with the sound of fire crackers in an effort to mask their true sound. I have identified several different types of firearms including the sound of high power rifles, shotguns, small calibre (22cal etc) gun fire as well as the sound of large bore high power firearms in the handgun classes. I have personally witnessed on two occasions aboriginal men wearing hunters camouflage perched in the trees behind my home holding high power rifles. We endured a two hour bombardment of rocks and other objects primarily directed at a senior citizens home during which the OPP advised that we should "just ignore them they will go away". Such sound advise from a police service that has apparently abandoned all notions of the upholding of the Constitution, the Charter of Rights and Freedoms, the Criminal Code of Canada (to name a few) or of protecting the public. We as a community stood side by side to protect our neighbourhood veteran, I remained in his backyard throughout the night watching over him until I was relieved at 5am and then had a shower and went to work.

The past 6+ months have been an exercise in frustration, mental anguish, sleep deprivation, intimidation, and a constant need to conduct ongoing and continuous threat assessment whenever my children go out the door. ATV's have been driven behind my home almost nightly since April 20th and they will pause directly behind my house for 15-20 mins while continuously revving the engines, this will occur 2,3,4 times a night depending upon who else they are irritating at the time and usually between 1am -5am. Disparaging signs are ever present, put up by the aboriginals they accuse the entire town of racism, they directly attack individuals by name, they incite anger and hatred and they use veiled threats on the signs to intimidate and cause fear among the populace. People cannot live like this, what would be a normally stable person is getting reduced to unstable paranoia. People talk of arming themselves not out of racial hatred or the want to hurt anyone but out of the very real fear that they will not be protected when something happens, that the threats of the aboriginals will be carried out. People have lost hope, they have seen the rule of law abandoned and their police service standing by helplessly.

Without the continuation of the injunction and the outright removal of the aboriginal occupiers from the DCE and surrounding land the situation will never stop deteriorating. As this currently stands all levels of government, the OPP, the appeals court and those of us trapped in this situation are proverbially sitting inside a massive barrel of gun powder striking matches..... sooner or later there will be an explosion and that will have a chain reaction far greater for the people of this town, this country than could ever be fully realized. Justice has to be equally applied to all, it has to be blind to race, religion, creed, colour, sex, orientation and see everyone in the exact same light or it cannot function. Should the appelate court overturn Justice Marshall's ruling it will fly in the face of the entire criminal justice system, it shall bring the administration of justice into disrepute and shall remove the most founding principle of any civilized society..... Justice. Without justice there is no hope, with no hope there is no future.

Respectfully submitted