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Surprise, Surprise, Surprise Judge Marshall didn't order the End to Negotiations - Aug 22, 2006
By this time tomorrow the MSM (Main Stream Media) will be bending over backwards talking about how Ontario's appeal of Judge Marshall's order to end Negotiations is not going ahead. Why you may ask - because Judge Marshall never ordered the end to Negotiations, he simply suggested they should be stopped.

Well who could have known that the Appeals Court was going to come out what that decision? Not the media who were played like a fool by the Ontario Government by having them focus on the Appeal instead of Judge Marshall's real decision.

Certainly the Native blogs and news stories were out to lunch on this story by posting negative comments about our foolish belief that the appeal would not be allowed.

And for those in Caledonia the Alliance also were clueless. In a press release today they state, "The Alliance has advised the Ontario Court of Appeal that the group supports the request of the Attorney General for a stay of the court injunction relating to the occupied lands in Caledonia." I guess it surprises no one that the Alliance supports the Ontario Liberal Government motions against Judge Marshall.

You guessed it folks - this site is the only source for realiable news. Last week we posted that the Appeal was groundless and we posted over the weekend the exact reason why McGuinty filed the Appeal in the first place and why it would be turned down.

When a little husband and wife team can do better reporting of the true facts than the thousands of reporters out there then I think we have something to crow about.

And just maybe this posting that makes fun of the media can be a WakeUpCall to them. You want reliable facts about Caledonia, come to us. Forget about the propaganda press release from the OPP, the same OPP wilfully disobeying our courts and Charter of Rights, and forget about press releases from the Ontario Government, as if that is ever reliable.

Read our Weekend Story

You want the facts - come here - everything else is just fluff.

MSM (Main Stream Media) should not be understood as being small local papers.

Today's Canadian Press Story at 1:15.

Judges question validity of court order that stopped Caledonia negotiations

Tue Aug 22, 1:14 PM - Canadain Press

TORONTO (CP) - An Ontario Court of Appeal panel says an order to end negotiations in an aboriginal land dispute in Caledonia, Ont., amounted to little more than an expression of the judge's opinion.

Lawyers for Ontario's Ministry of the Attorney General want the Appeals Court to stay the order, issued two weeks ago by Superior Court Justice David Marshall.

They say there is considerable confusion over the ruling, and insist Marshall didn't have the power to halt the talks.

Ministry lawyer Malliha Wilson says a stay is necessary to restore calm in the community and allow talks to resume.

But the three-member Appeals Court panel says it doesn't understand why the talks were stopped in the first place.

Arguments are continuing into the afternoon.

Six Nations protesters have occupied the Douglas Creek Estates housing development in Caledonia since the end of February.

They say the land - which the province recently purchased for $12.3 million - was wrongly taken from them by the Crown more than 200 years ago.

Judge's ruling in Caledonia dispute an 'opinion': appeal judge

CBC News
Last Updated: Tuesday, August 22, 2006 | 4:40 PM ET

A judge's apparent order to end negotiations in an aboriginal land dispute in Caledonia was nothing more than a suggestion, an Ontario Court of Appeal panel said Tuesday.

The three-member panel began hearing arguments at Osgoode Hall in Toronto on Tuesday morning on whether to grant a stay on a ruling two weeks ago by Justice David Marshall.

Marshall's ruling said talks should be suspended between the federal and provincial governments and the Six Nations community until the rule of law at the construction site occupied by native protesters is restored.

At issue at the hearing is what Marshall actually ordered.

"As events turn out, what Justice Marshall said is nothing more than an expression of his opinion," said Chief Justice Dennis O'Connor. "There is no legal effect."

No binding order: court

Marshall's initial 22-page ruling called for talks to stop. But in the final, formal order, there is no mention of halting negotiations.  

The Appeal Court panel, therefore, commented that no binding order was issued.

But lawyers for the Ontario Ministry of the Attorney General said they still want the panel to issue a ruling to clear up any confusion.

They argued confusion over the ruling has cast a cloud over fragile land-claim talks.

Some of the lawyers at the hearing suggested that the Appeal Court issue a clarification that states Marshall was only expressing his opinion, and therefore there is no formal order prohibiting negotiations from proceeding.

"If there's a cloud over them, and that's what the AG is saying, then obviously that's something that's going to be cleared up, and I think that this court may be able to do it," said Woody McKaig, a lawyer representing Haldimand County.

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