At Caledonia, Six Nations Mohawks have occupied the site of a planned development for more than 18 months, claiming they never surrendered the lands in dispute. Parts of Caledonia are now blocked off and development in the contested area is frozen.
For the most part, Caledonia townspeople do not support the blockade. They are greatly inconvenienced and may not appreciate the Mohawk frustration at seeing reserved lands repeatedly developed over their objections or understand that the Mohawk claim has been outstanding for more than 100 years.
But as time drags on with no resolution, events have taken an ugly turn. Last week, a developer who tried to go behind the lines to check on his property was beaten viciously by native thugs. Iroquois traditionalists at the blockade say they don't condone the violence and had nothing to do with it, but have clearly been unable to control extremists on the line.
Just this week, Dave Brown and Dana Chatwell, a couple whose home is trapped between the blockade, sued the OPP and Ontario for more than $70 million in damages, claiming regular harassment by natives who pound on their windows and demand they present native-issued "passports" before entering their own land.
John Tory is now calling on the police to remove the protesters. He also wants changes to the Petty Trespass Act, making it illegal for any organization or third party to support or encourage a blockade.
But consider this. At Sharbot Lake, the Algonquins have blocked access to an area where Frontenac Ventures Company planned to build a uranium mine. Like the Mohawks, the Algonquins have refused to abide by a court injunction, instead demanding negotiations.
Another lawsuit for lost income is pending – Frontenac Ventures has sued the First Nations and Ontario for $77 million. But the tone of the blockade at Sharbot Lake is very different from that at Caledonia – here, the Algonquins have widespread support.
Frontenac Ventures obtained mining permits under an archaic law that permits them to enter land without consent and stake claims to subsurface rights. The only thing standing between the mining company and landowners' diminished property values are the Algonquins, who instead of interfering with landowners' rights, are seen as their protector.
For that reason, as well as shared concerns over the environmental impacts of a mine, the blockade has attracted the support of local residents as well as Greenpeace and the Christian Peacemakers, who are monitoring the lines. If police action occurs, it will be directed against the landowners as well as the Algonquins.
There is an old saying that when one's only tool is a hammer, everything's a nail. John Tory's proposals may well cause the Mohawks at Caledonia to be arrested and hauled away, but will do little to resolve the underlying dispute.
Meanwhile, the changes could lead to charges against Greenpeace, the Christian Peacemakers and the grannies at Sharbot Lake. Instead of creating yet another legal hammer, Tory might be better served by asking why there are still long-standing land claims disputes in Ontario, why developers don't know about them ahead of time, what mechanisms can be introduced to expedite their resolution, and how the province might help avoid these disputes.
As Dave Brown said in an interview this weekend, he doesn't care who's at fault, he just wants the problems fixed. The same can be said for most Ontarians, including the natives on the lines.