Fri May 30, 5:13 PM
By Tobi Cohen, The Canadian Press
BRANTFORD, Ont. - Hundreds of aboriginals toting placards and flags rallied outside a southern Ontario courthouse Friday in an effort to garner the support of their non-aboriginal neighbours, while city officials sought an injunction tied to a contentious land dispute.
The city alleges Six Nations protesters have shut down work at construction sites in Brantford, Ont., and are asking the courts to impose an injunction that would ultimately bar them from occupying the sites.
Lawyer Neal Smitheman argued the activists are a "public nuisance," and that they're having a "direct impact on the City of Brantford's ability to govern."
The injunction also asks for $110 million in damages and for the federal government to put the Armed Forces on notice in the event of a violent confrontation.
While all parties representing the aboriginal protesters have requested an adjournment so they have more time to prepare, the city is seeking an interim order that requires the protesters to "cease and desist" their "illegal" activities pending the outcome of the court case.
The judge has reserved his decision.
"We need to restore law and order to this city, and this is the way to do it," Smitheman said, suggesting the city is facing insolvency as a result of the ongoing occupation of various development sites. The city's reputation and ability to attract business are being adversely affected, he added.
"This is causing irreparable harm," Smitheman told the court.
The city alleges protesters from the Haudenosaunee Confederacy - including Aaron Detlor, Floyd and Ruby Montour, Hazel Hill and others - trespassed on private property, barricaded entrances to various construction sites and stood in front of machines, making it impossible for developers to work.
It also suggested the aboriginal group requested thousands of dollars in application fees to receive development permits from the so-called Haudenosaunee Development Institute, which is also named in the application.
Smitheman elicited laughter from the packed courtroom when he said their actions were akin to a "shakedown" and were "as close to extortion as you can get."
The lawyers representing the aboriginals disagree with many of the allegations and sought time to cross-examine witnesses on some of the evidence. They're also asking the court to appoint a case manager and presented motions urging both the province and the federal government to get involved.
"We simply are not ready to deal with all the issues," said Marlys Edwardh, who is representing Detlor.
"This city is not lawless, and police are doing what they're supposed to do, which is exercise sound judgment and discretion."
Outside the courthouse, Ruby Montour said aboriginals are the ones who have been extorted for years as Canadians usurp their land.
"If you're cheating an Indian, you can get away with it in a Canadian court - it's OK," she said. "But don't do it to a Canadian because you can go to jail.
"But you can do it to an Indian, and they've been doing it for centuries. But it's time that people around the world hear how we've been treated by these Canadian courts."