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City legal bill hits $274,000

Brantford has hired outside law firm to help combat native blockades

September 26, 2008 Brantford Expositor

The city's legal bill to fight native work stoppages at development sites is $274,000 and climbing.

"Yes, it's pricey, but it's a necessary cost in our defence of the city's economy," Mayor Mike Hancock said Thursday of the tally for Fasken, Martineau, DuMoulin LLP, which council directed staff to hire in a closed session in April.

The firm has built a national reputation in handling land claim disputes involving blockades and other disruptive activities.

The city decided to hire the lawyers when Six Nations Haudenosaunee activists mounted blockades at the Kingspan and Hampton Inn Hotel construction sites in the northwest, a power centre planned by First Gulf at Wayne Gretzky Parkway and Henry Street, and a housing project at Erie Avenue and Birkett Lane.

SEEKING PERMANENT INJUNCTION

Activists were also paying calls to builders at a host of other sites around the city, demanding that they submit their plans and other studies to an organization called the Haudenosaunee Development Institute, formed by the Confederacy to oversee development on lands under claim in the Haldimand Tract.

The law firm helped the city by giving advice on two bylaws designed to outlaw activities of the HDI and establish no-go zones around the stricken construction sites.

The firm also led proceedings to secure an interim court injunction to support the bylaws. Those actions have led to the arrest and charging of three activists.

Proceedings continue on an application for a permanent injunction and other legal actions.

Despite all the legal proceedings, protests and blockades continue at some sites.

Still, Hancock insisted that the city is getting good legal advice for the taxpayers' money. "They're a good firm. We're very satisfied with them."

Coun. Dan McCreary said he agrees with Hancock's assessment of the firm's worth and the cost so far.

"What he said is absolutely bang on. I think his comments reflect the views of most, if not all, of council."

Other councillors contacted shied away from commenting directly on the bill, saying that the mayor is the sole spokesman for all city actions in the ongoing dispute.