Natives disregard judge's decision

Vow to 'maintain position' for now

By Deirdre Healey and Barb McKay
The Hamilton SpectatorCALEDONIA (Aug 9, 2006)

Native protesters have decided to ignore a judge's order that negotiations must stop until natives leave or are removed from an occupied subdivision site.

Hundreds of Six Nations confederacy members met at the Douglas Creek Estates subdivision last night to discuss the judge's decision.

Justice David Marshall's ruled yesterday that his earlier order for the natives to be removed from the site must be enforced and negotiations with the natives must stop until that happens.

"We will continue to maintain our position until someone on the other side says otherwise and then we will re-evaluate our position," said native spokesperson Hazel Hill after the Confederacy meeting.

Earlier, natives had argued that the Ontario court judge has no authority over negotiations between the natives and the federal government.

In contrast, Caledonia residents had applauded the judge's decision but feared it may increase tensions between natives and non-natives in the town.

Tensions mounted following the meeting when a Caledonia resident confronted native spokesperson Janie Jamieson who had come out to speak to the media.

By 9:30 p.m., hundreds of natives and non-natives crowded Argyle Street and were separated by a line of OPP officers. Drums beat loudly as the two sides exchanged insults and racial slurs. By press time, the road remained open but blockades were moved by natives closer to the roadway.

Marshall "has no jurisdiction, "Clyde Powless, Six Nations spokesperson, said earlier yesterday. "This is a federal issue and he is an Ontario court judge. It's a shame a two-bit judge can step in the way of negotiations with the government."

Hazel Hill, another Six Nations spokesperson, said the judge's ruling is "an act of aggression" and "an attempt to criminalize us and declare war against us."

"The land issue hasn't been resolved and we aren't leaving until the land issue is resolved," Hill said.

Native people from across North America were notified of Marshall's ruling and have been called upon to show their support, Hill said.

Caledonia residents tended to favour the judge's ruling, but admitted they are fearful native occupiers will react aggressively and clashes between the two sides will escalate into violence.

Marie Trainer, Mayor of Haldimand County, said Marshall has moved to fulfill a promise Premier Dalton McGuinty retreated from.

Repeated violence between the natives and residents in June prompted McGuinty to call off negotiations until all barricades, including the one of the development site, were taken down and the six natives wanted on arrest warrants were turned in. The barricades on Argyle Street and the railway came down and the one on the site did not, but the premier restarted the talks.

"The premier should have waited until they were all down," Trainer said. "Now we are back to the same stage we were at before."

She said the only way to ensure a safe and peaceful Caledonia is to have the native occupiers removed. Since the occupation began Feb. 28, Trainer said the residents living along the border of the site have been terrorized by the natives.

She said she is worried the ruling will lead to a violent fall out and can only hope the police will protect the residents.

Ken Hewitt, spokesperson for the Caledonia Citizens' Alliance, also agreed with Marshall's decision and said the issue should be dealt with "in the boardroom" and not on the development site.

He said he fears the ruling will be "misconstrued by the native protesters as an aggressive stance."

"We are worried. The message we want to convey is that we still support the protest, but don't support it happening on the land," he said. "Tensions are high and we don't want anyone getting hurt."

The possibility of violence only increases the longer the natives stay on the land, he said.

While Six Nations representatives said the dispute is not with the Caledonia residents, they also anticipate the residents to be their "biggest threat." Jamieson pointed to a sign posted yesterday on a resident's lawn, near the development site, asking for the army to intervene as an example of that very threat.

"The people living along the fences and others in Caledonia have a vendetta against us," said Janie Jamieson, Six Nations spokesperson. "However they decide to respond is up to them and they have never chosen to respond peacefully. Any actions we do take will be for the safety of the native people."

There have been a number of clashes between Caledonia residents and natives since the occupation began Feb. 28. The two sides violently clashed Sunday night throwing golf balls and rocks at each other. Yesterday, as they waited outside Cayuga court for Marshall's proceedings to begin, natives and residents yelled at each other and exchanged insults.

About a dozen Caledonia residents filled one side of the courtroom as Marshall delivered his ruling and double the number of natives filled the other.