Negotiations suspended

BY KAREN BEST
Friday, August 11, 2006
Haldimand Review

Negotiations on land claims and matters related to Six Nations occupation of a Caledonia subdivision were suspended Wednesday.

Justice (David) Marshalls order stands. Negotiations have been put on hold,said Lars Edie of the Ontario Secretariat for Aboriginal Affairs.

However, Ontario announced it is fighting Marshalls ruling. Attorney general Michael Bryant said, negotiations are in the public interest and are the best way to resolve the dispute.

On Aug. 8, Ontario Superior Court of Justice Judge David Marshall ruled negotiations between Canada, Ontario and Six Nations must cease until native protesters remove all barricades and leave the Caledonia subdivision they have occupied since Feb. 28. Then negotiations should be pursued in earnest, he said.

Bryant said the province will abide by the ruling while it pursues its appeal. Federal Indian Affairs Minister Jim Prentice has said the Harper government also supports the appeal.

Meanwhile, Six Nations residents and other protesters plan to remain on land they say has always been theirs. In 1784, this property was a small section of the 950,000 acre tract given to Six Nations for their loyalty to the United Kingdom during the American War of Independence.

Six Nations spokesperson Hazel Hill said the judge had no jurisdiction over the Haudenosaunee people and was acting in his own interests because he owns land in the Haldimand tract.

A two bit judge is stepping in the way of government negotiations,said Clyde Powless, who questioned the judges authority.

The OPP is also reviewing the court decision with Crown counsel. Until then, policing will not change in Caledonia.

Inspector Douglas Babbitt told reporters police will continue to maintain the peace and calm so negotiations can continue.

In his ruling,Marshall said police must begin to enforce the law on the property.

After the hearing, where the judge read his decision, Darrell Doxtdator, a senior adviser to Six Nations band council Chief David General, said legal counsel involved in the case will review the judges ruling. It may warrant an appeal,he said noting the rulings potential to inflame the situation in Caledonia.

Pat Woolley of Caledonia agreed with suspension of negotiations and protesters leaving the land. From there, negotiations should proceed in public, he added.

On Tuesday night, the situation was inflamed with Six Nations and Caledonia residents yelling at each other and hurtling stones on the side of Argyle Street South. Caledonia resident Steve Tong said he wanted the barricades to go up again. It is certainly a chance for the world to see what terrorist activities they are putting our town through,he said. Others yearned for the same attention and for tension to escalate to force the issue to a conclusion.

In the court hearing, Marshall noted that no parties appealed his contempt of court orders issued in March. He issued them after Six Nations protesters refused to comply with an injunction requiring them to remove barricades and leave the subdivision.

Marshall has asked the Ontario Attorney General to act upon the criminal contempt charges because it has the resources to do so. Because he noted a potential conflict of interest, he requested that the Attorney General appoint an experienced Crown attorney to pursue the orders. He ordered that the prosecutor report on his or her progress at future hearings to inform the communities of Six Nations and Caledonia.

He suggested a third party because the Attorney General represents the Ontario government, which is negotiating land claims with Six Nations while owning the disputed property. The court will not abandon this matter, said Marshall continuing his three month quest to see the rule of law returned in Caledonia. The court cannot turn a blind eye to blatant contempt of its orders and the consequences of that, he added.

The original injunction granted to the developers will be dissolved once the contempt orders are addressed.

In his ruling, Marshall also empathized Six Nations frustration with the slow land claim settlement process and with Caledonia where security is replaced by lawlessness and the future is uncertain.Town property values have eroded and relationships with native neighbours have been destroyed after years of peaceful coexistence, he continued.

This sad result could be avoided in the future by proactive and quick land claim settlements and quick response by police and the Crown to the courts orders, said Marshall. He questioned if this occupation could be considered peaceful.

Even while recognizing the importance of land claim negotiations, he refused to let fear of impacting them to allow disregard for a courts lawful order. Defiance of orders undermines court authority, he pointed out.

Marshall also said that police and Crown powers of discretion should not be used as a policy or to oust court jurisdiction.

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