More than 25 members of Six Nations rose in support of Ruby Montour as she spoke in Ontario Superior Court Friday morning.
What The Expositor says. Opinion, Page A13
They lined up behind the 66-year-old woman who has become a leader among native protesters at city development sites, some unfurling Confederacy flags inside Brantford's historic Wellington Street court house.
"As a Haudenosaunee, I have every right to demonstrate in a peaceful manner," Montour told Justice G.E. Taylor. "I'm asking you to listen to the side of Six Nations. For the first time in Canadian history, let's do the right thing.
"This very courthouse sits on our land and it hasn't been paid for." Montour made the comments as part of a hearing into Brantford's request for an injunction preventing natives from protesting at city building sites. The hearing was adjourned until next Friday.
Taylor adjourned the matter at the request of Aaron Detlor, a lawyer who works with Six Nations and is named as a defendant in the injunction, to allow time for the defence to prepare. Detlor said he would need time to retain legal council and gather affidavits.
About 60 Six Nations supporters gathered in front of the court house while the proceedings took place. A half-dozen police officers monitored the area in front of the building.
Detlor, seeking a two-week adjournment in the proceedings, said he only received notice of the city's motion late Thursday. He said the city has had at least a month to enact its strategy of passing a bylaw banning protests and seeking an injunction.
"It's a matter of fairness, putting a matter before the court and getting a fair hearing," Detlor said of why he asked for the adjournment.
The city's move to seek an injunction raises constitutional questions that need to be addressed, Detlor said.
"In a way, it's asking me to put my Charter right of freedom of speech on hold," he told the court. "It's asking me not to practice law."
During a later media scrum, Detlor called the city's position "illegal" and "contrary to human rights."
Asking Taylor to delay proceedings for only "a short period of time," city lawyer Neal Smitheman said dealing with the motion before the court was a matter of urgency. He said tensions are escalating in the city due to Six Nations protesters demanding payments from local developers and shutting down building sites.
"The concern I have is that this is a critical problem for the City of Brantford - it's an emergency," Smitheman said. "It's threatening the very life of the city, the financial life of the city."
Clive Garlow, named as a defendant in the city's notice of motion, told Taylor that Brantford had not clearly demonstrated it owns the lands subject to Six Nations protests.
"I have to question the right of Brantford in the first place to initiate this action," Garlow told the court. "If they don't own the land, how can they issue an injunction against us?"
Outside the court, Montour likened the city's legal action to "a kick in the face." She and her husband, Floyd Montour promised to continue protests at local development sites next week.
"We'll be back on the front line Monday morning," Floyd Montour said.
Detlor, standing beside the Montours, said nothing should prevent peaceful, legitimate protest actions in the city.
"There's nothing standing in the way for people excersizing the rights they enjoy under treaties or the Charter of Rights," he said, promising to take concerns about the city's legal action to the United Nations.
Detlor said the city's request to call in the army to deal with potential civil disturbances - a part of the motion before the court on Friday - shows how effective local native protests have been. But he said there is no threat of imminent riots or physical confrontation, as Brantford suggests in legal documents.
"There's no foundation for that position," Detlor said. "When you look around you today, there's no indication the City of Brantford is going to crumble off the face of the Earth."
Hazel Hill, named as a defendant in the city's motion, said natives and non-natives should be concerned about the city's legal action.
"It's a very racist bylaw they're trying to exact," Hill said. "They're assuming the outcome of (government) negotiations by continuing with development."
Butch Thomas, a Confederacy Seneca sub-chief in attendance, said the Six Nations issue is for the federal and provincial governments to solve, not the city through its legal action. He said Brantford politicians are taking their direction from developers and showing "complete disregard" for the native community.
"Brantford wants to become their own little country," Thomas said. "They've completely ignored us - all for the dollar.
"What about the land lost? They don't care what the natives lose, it's all what they lose."
Thomas, who sits at the negotiating table with federal and provincial government representatives, said Six Nations protests will stop when development does.
"Development on our land doesn't help in the least," Thomas said. "Development has to stop and protests will stop. Then, we can get down to reaching a resolution.
"Bylaws and injunctions really only stoke the flames."
The city's legal action, including posting signs to keep the Haudenosaunee off local development sites, will have ramifications, Thomas said.
"They're utterly racist to our minority native population," he said. "I liken that to somebody going parachuting and packing their parachute on the way down, because they haven't thought about the repercussions."
See injunction, PAGE a4
Brantford is seeking an injunction that will:
Restrain Six Nations protesters from interfering with access to lands within the city, in particular Fen Ridge Court, Birkett Lane between Erie Avenue and River Road, Wayne Gretzky Parkway between Elgin Street and Henry Street, and Henry Street between Wayne Gretzky Parkway and Empey Street, all areas targeted by native protesters.
Restrain the Haudenosaunee Development Institute from demanding fees for development or construction-related activities.
Restrain Six Nations protesters from hindering the lawful activities of business people, private developers or ratepayers.
Restrain the defendants from watching any lands in the city.
Provide notification to the Attorney General of Ontario that the services of the Canadian Forces are required because a disturbance of the peace or riot is likely to occur.
Lead to the issuing of a warrant of arrest for protesters obstructing or interfering with access to development sites in the city.
Grant the city $110 million in damages.