Rachel De Lazzer
The
A lawyer's attempts to have warrants issued requiring native protesters to attend court were unsuccessful yesterday.
The protesters are accused of contravening an interim injunction obtained by the City of
Neal Smitheman, a lawyer for the City of
Smitheman said delivering the summonses to the respondents proved difficult because most of them live on Six Nations reserve. The process server was cautioned by Six Nations police not to enter the reserve to deliver the summonses for safety reasons, he said.
None of the respondents appeared in court yesterday.
The summonses were first issued just over a week ago and Milanetti felt that more time and effort was needed to exhaust other means to deliver them.
Smitheman eventually withdrew his request and said he would attempt to get the help of Six Nations police in delivering the summonses, although police had previously indicated their "co-operation" in the matter but with no results.
"I think her honour felt that more time needs to go by before we bring those motions before the courts," Smitheman said outside the courtroom. "So what we've decided is to put this matter over for another week and try and effect service on the alleged contemners."
The warrants are arrest warrants but the respondents would be immediately released on a promise to appear for Friday's court hearing.
However, if the warrants were issued and the respondents did not appear, they could then be arrested.
Lawyers for the city have filed a motion for a contempt of court order against the respondents.
Also on Friday's schedule is a motion by lawyers for the Haudenosaunee Development Institute and its interim director Hazel Hill to intervene in the contempt of court order to have their say on the motion. Also on the plate is a motion to invite the federal government to participate in the proceedings.
The respondents are Butch Thomas, Clyde Powless, Steve Powless, Kevin Isaacs, Dick Hill, Dwayne Maracle, John Garlow and Runs Through the Fire.