Six Nations is fighting back against a temporary injunction granted the city last month blocking native protesters from development sites.
Chief Coun. Bill Montour said Tuesday that the elected band council plans to file a court action this month asking for "declaratory relief" against the injunction.
In an earlier news release, Montour said his council wants the court to stop development on the disputed lands if the city hasn't properly consulted with Six Nations.
Montour said that, if successful, the court action would put a hold on development so that consultation and land claims issues can be worked out.
"If we can sit down as neighbours and come out with a win/win situation, it's better than a contest of who's winning and who's losing. Because right now, it's just the lawyers winning."
Declaratory relief is a motion for an early resolution of a legal problem that -- in theory -- will resolve all or most of the other issues in the matter.
Mayor Mike Hancock declined to say what the court action could mean for the city.
"It would be speculation to say anything at this point so we'll have to wait and see what comes forward. So far, our lawyer knows nothing about it."
Montour said he recognizes the band council's move may be considered combative but it is necessary to protect the rights of Six Nations people.
"The city of Brantford and Ontario have failed to properly consult and accommodate native people about land that's under claim," Montour said.
Hancock said every city project goes through a notification process with Six Nations.
But Montour said that notification isn't the same as consultation.
"(City) council isn't consulting by saying, 'We're going to do this and if you have any questions, attend this public meeting'."
There are more than 800 unresolved land claims in Canada and it has been taking about 13 years to settle one claim.
Prime Minister Stephen Harper promised a year ago to speed up the process but Montour said it could still take centuries to deal with all of the disputes.
"We've had meetings with Brantford council and advised them that these lands are under dispute," said Montour. "Why is the city and Ontario giving people permits to develop the land when they know it's under dispute?"
Montour said the band council is filing the court motion because the Six Nations Confederacy would never consider using a Canadian court. He noted that one good thing coming out of the upheaval of the last two years is the new close relationship between the traditional and elected councils on the reserve.
The move by the band council is in direct response to the city's passing of two bylaws that, in effect, prevent the natives from protesting on land they argue is their own.
"Brantford has no right passing a bylaw like that," said Montour. "If there's a cloud like that hanging over each other, how can we be friends?
"Let's get down to business and end this stuff."