Judge puts land dispute talks on hold until aboriginals end occupation


By CHINTA PUXLEY
Canada Press – Aug 8, 2006

CAYUGA, Ont. (CP) - Negotiations aimed at resolving a bitter land occupation that has, at times, turned violent must be suspended until aboriginal protesters move off the contested property, an Ontario court judge ruled Tuesday.

The "lawlessness" that has characterized the occupation of a housing development in the southwestern Ontario community of Caledonia must end before talks with the province and the federal government move forward, said Superior Court Justice David Marshall.

"It is common knowledge that the people of Caledonia, after five months of occupation, have seen security in their town replaced by lawlessness, protesters in battle fatigues, police officers in riot gear," said Marshall.

When asked if the province would heed the ruling, Premier Dalton McGuinty replied, "Obviously, we want to abide by any decision made by the judge."

"I would appeal for people to be calm," the premier added.

Significant progress has been made in the dispute, including a deal that saw aboriginals remove a contentious highway barricade, said McGuinty.

"Let's not lose ground as a result of this ruling."

A spokeswoman for the federal government said they were reviewing the judge's decision, and also urged both sides to remain calm and work toward a "peaceful solution."

A spokeswoman for the aboriginals said the ruling has already impacted on talks. Hazel Hill said government negotiators cancelled a meeting Tuesday to address the group's claims of significant archeological finds on the site, saying they would be in contempt of court.

Relations between aboriginal protesters and their non-aboriginal neighbours have been marked by violence since the occupation began in February.

Over the weekend, residents and protesters clashed yet again, as rocks and golf balls were thrown at each other.

On Tuesday, a shouting match erupted outside court between more than a dozen protesters and non-aboriginal residents, calling each other "squatter" and "terrorist" and blaming each other for recent violence.

Clyde Powless, a spokesman for the occupiers, said they planned to meet Tuesday night to discuss their next move.

"We don't like to make rash decisions," he said, but added, "we're not protesters, it's our land. Would you leave your land? Would you leave your backyard? I'm not going to."

At the site of the occupation, protesters feared that the ruling will cause police to move in and try to remove them.

Joe, who declined to give his last name, said if provincial police come, he'll be "ready."

"The only way they're going to get me off this land is if they drag my dead body off," he said.

Ken Hewitt, of the Caledonia Citizens Alliance, said his group welcomed the judge's ruling because it adds a "sense of urgency" to resolving the dispute.

"I hope as a result they can find a solution in the boardroom and not in the streets," said Hewitt.

"We don't want to see anybody get hurt."

Marshall issued his order after holding several hearings to discover why his previous orders to remove aboriginal protesters have been "blatantly disregarded."

"The court has been patient, but the court cannot turn a blind eye to blatant contempt of the court's lawful order," he said.

Six Nations protesters have occupied the Douglas Creek Estates housing development since the end of February, claiming it was wrongly taken from them by the Crown more than 200 years ago.

Marshall issued a court order in March to have the protesters removed by police and to have barricades lifted on nearby railway tracks.

Police did raid the occupied site on April 20, and lawyers for the Ministry of the Attorney General have argued that Marshall's orders have been carried out, noting police have laid 53 charges against 28 people.

Marshall took the unusual step of calling representatives from the federal government, the province, police and aboriginals into court to explain their actions.