The city's bid for arrest warrants for Six Nations protesters was put off again, after a superior court justice decided alternate measures should be tried first.
The city is attempting to have eight protesters found in contempt of court for breaching an injunction prohibiting protests at development sites in the city.
Justice Harrison Arrell said he was concerned that the men could face criminal charges if they were served with warrants and failed to appear in court.
The city's motion asks the court to fine or jail those who are found to have violated the motion and award the city punitive damages.
City lawyer Neal Smitheman said they had successfully served Steve (Boots) Powless and John Garlow. He said Dick Hill refused to accept the court documents, but is aware of the city's motion.
The other protesters named in the action -- Butch Thomas, Clyde Powless, Kevin (Whodat) Isaacs, Dwayne Maracle and Runs Through the Fire -- have not been served.
In requesting for the warrants, Smitheman said it would be "foolhardy" for process servers to go on the reserve to serve the documents, and Six Nations police have been unhelpful.
"There are ongoing protests and there is real urgency to get this matter on," Smitheman said. "There is urgency because the city ... is suffering irreparable harm."
The motion refers to incidents between July 7 and July 14, when protesters blocked construction at the site of the new Hampton Inn Hotel and Kingspan Insulation office building.
Arrell ordered the city to serve the men by courier again, and take out advertisements in The Expositor, the Turtle Island News and the Tekawennake News advising them of the motion.
None of the eight men appeared in court Friday. Michael Elliott presented a wampum to the judge and read a statement on behalf of protester John Garlow.
Garlow stated that Two Row Wampum and the Silver Covenant Chain established the legal precedent for how disputes should be handled.
"For this court to issue a warrant violates the treaties," Garlow stated.
The parties also agreed to invited the federal government to seek intervenor status in the motion.
The motion will come before the courts again on Sept. 5.