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Brantford warrants falling on deaf ears

By THE CANADIAN PRESS

August 17, 2008 London Free Press

BRANTFORD -- A lawyer's attempts to have warrants issued requiring aboriginal protesters to attend court were unsuccessful yesterday.

The protesters are accused of contravening an interim injunction obtained by the City of Brantford on June 2, preventing them from demonstrating and disrupting work on five construction sites.

Neal Smitheman, a lawyer for the city, asked Superior Court Justice Jane Milanetti to permit the granting of attendance warrants to ensure the respondents receive the summons and show up in court.

Smitheman said efforts to deliver the summons to the respondents have proved difficult because most of the them live on the reserve.

The process server was cautioned by Six Nations Police not to enter the reserve to deliver the summons for safety reasons, he said.

None of the respondents appeared in court.

The summons 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 summons, 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 later. "So what we've decided is to put this matter over for another week."