Andrew Thomson
The Ottawa Citizen
Monday, September 24, 2007
CALEDONIA - John Tory vowed yesterday to toughen trespassing laws and refuse to negotiate with anyone engaged in an illegal occupation, as he visited the town embroiled in a 19-month aboriginal land dispute that flared again recently with a violent attack and massive lawsuit against the government.
The Liberals accused the Progressive Conservative leader, meanwhile, of fuelling more potential unrest with his call to empower judges and police against anyone seeking to "extort concessions" or financially support such operations.
Mr. Tory repeated his pledge to speedily solve aboriginal land claims, but also vowed to amend the Trespass to Property Act and protect landowners.
A revised definition of trespassing would encompass any group or organization -- not just aboriginals -- that directs, encourages, or finances an occupation from outside the property in question. Individuals and organizations would face maximum fines of $2,000 and $25,000 respectively, per day, for occupations that defy a court order.
The current individual fine is up to $2,000 -- for those trespassing in person.
Mr. Tory compared the proposal to the evolution of labour relations law toward recognizing collateral damage suffered by outsiders during strikes and lockouts. "The current statutes are outdated," Mr. Tory said after meeting with Haldimand County Mayor Marie Trainer and a group of area business owners and residents.
"They were made to address private disputes about fences, and offer little practical relief when we are confronted by deliberate occupations with political overtones.
Caledonia's unrest remains unresolved after 16 months of negotiations with the federal government and Queen's Park. The provincial government bought the controversial Douglas Creek Estates property in June 2006. While Six Nations protesters remain, other residents are faced with "No Trespassing" signs.
The province pulled out of three scheduled meetings with the Haudenosaunee/Six Nations last week following the severe beating on Sept. 13 of Sam Gualtieri, a 52-year-old contractor who owns several units of a separate housing development near the Grand River, also under occupation.
The OPP arrested nine people the following day, but denied they were connected to the assault, which left Mr. Gualtieri bleeding and unconscious. Six Nations Confederacy leaders condemned the attack.
Mr. Tory accused Premier Dalton McGuinty of turning a "blind eye" to the upheaval caused for residents when Six Nations groups began occupying the disputed land, continuing with talks despite a number of violent incidents last year.
"The Caledonia occupation is about what happens when a group of people conclude that the process doesn't work for them go on to conclude that the laws don't apply them," he said, adding the "moral authority" of the premier's office was needed.