Brantford Expositor
May 30, 2008
All parties will have to wait until at least next week for a decision on the city’s attempt to get an injunction against native protesters.
Justice G. E. Taylor spent the day hearing motions from a raft of lawyers representing defendants Floyd and Ruby Montour, the Haudenosaunee Development Institute, lawyer Aaron Detlor, Clive Garlow, Charles and Mary Green and David Martin.
By almost 4 p.m., Taylor had heard enough and declined to give a platform to other natives in the packed courtroom.
Taylor will decide on two main issues.
First, he will review a request for the court action to be handed over to a case manager judge who will decide on all the aspects of the complex case. Some of the lawyers suggested that could mean the entire case be moved to Toronto where all the lawyers work from and where there are more potential case manager judges available.
Second, Taylor will adjourn a decision on the injunction -- at the agreement of all the parties -- but will rule on a request by the city for an interim injunction that would order protesters to stop interfering with area developers.
Lawyers representing the native interests argued strongly against such an injunction, saying that it would lead to a risk of violence. The lawyers also argued that Brantford’s newest bylaws against protesting at certain developments are unconstitutional.