[Toby Barrett is MPP for Haldimand]
Aug 21, 2006
Tomorrow, the case of Henco Industries Ltd v. Haudenosaunee Six Nations et all will be heard before the Court of Appeal for Ontario.
The province is seeking a stay of Justice Marshall’s ruling on restoring the rule of law. Arguments will be made before the Honourable: Justice John Laskin, Justice Kathryn Feldman, and also Associate Chief Justice Dennis O’Connor (of Walkerton fame).
Interestingly, I will be in Walkerton tomorrow, listening to public submissions regarding the provincial government’s source water protection bill, the so-called Clean Water Act – a proposed law Premier McGuinty is bringing in based on Justice O’Connor’s recommendations into the Walkerton water crisis a few year’s ago.
While I am in Walkerton listening to input on this new law, Justice O’Connor will again be dealing with a high profile subject – the Caledonia/Six Nations land dispute.
Stay tuned for more information as this week progresses.
I’ve included below a copy of this week’s newspaper column on the land dispute. It’s clear this issue is gaining prominence all across Canada, including in the New York Times.
Thanks for your time,
~Toby
Six Nations/Caledonia is the talk of the country
Often in public debate, real issues are boiled down to politics – with the views of real people being overshadowed by political rhetoric. By stepping back and viewing our issues from the eyes of outsiders, we can escape the politicized nature of public debate.
Recently, I stepped back and considered perspectives on Caledonia/Six Nations from across the country. I realized people in North America are watching – from coast to coast to coast. And it’s clear they are critical of the provincial government’s approach.
A few weeks ago, I published a newspaper column decrying the tolerance of the attempted murder of a police officer. The Montreal Gazette is also concerned, saying, “If you ever find yourself charged with trying to kill a police officer, don’t worry about being arrested…” By continuing negotiations while the suspect remains at large, Mr. McGuinty has signalled his willingness to look the other way when our police officers are under attack. Such signals don’t go unnoticed.
As I said in my newspaper column, the rule of law trumps any thought of negotiations – a principle Justice Marshall has now confirmed.
Ontario’s example for the rest of the country has been offender-focused justice, ‘no-go’ zones for the OPP, and putting political sensitivities before the law. Even the Whitehorse Star reported on ‘no-go’ areas for the OPP. The Winnipeg Free Press laments the government’s mismanagement of the dispute, saying “The OPP, in fact, has been standing by since April, apparently on the instructions of Premier Dalton McGuinty’s Liberal government.”
And The Vancouver Sun suggests that the “…Liberal government is more concerned with political sensitivities than with upholding the law.” With the Nanaimo Daily News reporting “McGuinty’s Caledonia gambit a catastrophe”, it’s clear the country is shaking its head at the provincial government’s mishandling of the dispute.
Writers in these jurisdictions have nothing to gain by criticizing Mr. McGuinty’s lacklustre response to this crisis – enabling them to take a balanced perspective of events.
With Manitobans reading suggestions that Mr. McGuinty’s government may have instructed the OPP to stand by, it comes as no surprise that the Premier is fighting Justice Marshall’s ruling on restoring the law.
By now, most people are aware of my perspective on the land dispute, and how I differ from Mr. McGuinty. I oppose negotiating until the rule of law is restored. The Ontario government, by appealing, feels Justice Marshall is wrong about the need to respect court orders.
For weeks leading up to Justice Marshall’s ruling, John Tory and I had been calling on the Premier to stop negotiating until the rule of law is restored. The court ruling gave Mr. McGuinty the opportunity to take my advice, while saving face politically. By opposing this ruling, the Premier is offside from John Tory, Justice Marshall, and ultimately the rest of the country. As I said before, negotiations do not trump the rule of law.
It’s not too late for the Premier to start doing the right thing. He should take the blinders off, and make it clear he won’t negotiate until the law is respected. By negotiating while the occupation persists, the Premier is showing his willingness to tolerate lawlessness.
With North America watching, it’s time for the Premier to get onside with the rule of law.