Aaron Detlor and the Haudenosaunee Development Institute are taking the City of Brantford to court over bylaws prohibiting interference with development and unauthorized requirements for development.
In an application filed with an Ontario Superior Court of Justice in Toronto two weeks ago, Detlor, who is a consultant for Confederacy chiefs and HDI asked the court to declare the bylaws invalid.
According to the court application, the bylaws were passed in a three-minute open session and serve private purposes at the expense of public and Six Nations interests.
Violation of either bylaw could cause a public nuisance according to the bylaws. They were the foundation for the city's $110 million lawsuit for damages and application for an injunction against individuals and HDI.
The applicants contend the bylaws are contrary to the Constitution Act of 1867 that assigns Indians and criminal law as federal responsibilities. The Charter of Rights and Freedoms challenges refer to laws inconsistent to principles of fundamental justice and infringement on freedom of expression, peaceful assembly and association. Actions taken by Brantford also contravene the 1982 Constitution Act that recognizes First Nations treaty rights and land agreements, stated the applicants.
Haldimand County staff have drafted similar bylaws but held them back based on legal advice. Chief administrative officer Don Boyle said the county is watching the court challenge of Brantford's bylaws to determine if wording changes could prevent court action against the county.
With council members worried about loss of county land and tax assessment if Six Nations can use federal cash settlements to purchase land, council will consider setting a bylaw to prohibit expansion of Six Nations boundaries into the county. The motion for the bylaw is expected to be put before council in August.
Coun. Craig Grice suggested a referendum in the 2010 municipal election seeking resident approval or denial of expropriation of county lands.