A second multi-million dollar lawsuit in as many weeks has been launched against the Mohawk band council.
Late last week, those connected to recent protests at a proposed new police station on the Tyendinaga Mohawk Territory commenced a $3.3-million civil action.
In documents filed with the court, the applicants level sweeping accusations of nepotism, abuse of power and various other conspiracies against the band council and senior levels of government.
The suit alleges that the band council did not adequately consult the community when it decided to build a new police station to house the seven-officer territorial force.
The statement of claim asks for an immediate injunction, restraining the defendants from doing anything with the police station or its site until further community consultation can be arranged.
None of the allegations have been tested in court, nor has a statement of defence been filed.
The move marks a new phase of protest for those in this community who are opposed to the installation of a modular structure to house the Tyendinaga Mohawk Territory Police Service.
The building, which was due to arrive Oct. 29 at a location on York Road, was stopped by protesters who refused to allow the structure to be installed.
In the days following, Tyendinaga police arrested a number of Tyendinaga residents on charges of mischief and breaching court-imposed conditions.
The most well-known of the group, Shawn Michael Brant, has yet to be taken into custody by police, despite an arrest warrant being issued more than a month ago for his alleged role in the incident.
Brant's mother, Deanna Brant, and close family friend Winston Brant - a former band councillor - are listed as plaintiffs in this most recent civil case. Others listed include native protester Nicole Storms and two elderly territory residents, Catherine and Austin Fuller, both of whom are in their mid-80s.
"The plaintiffs, who represent approximately 90 [%] of the members of the Mohawk community of Tyendenaga [sic], are opposed to the establishment of the police building and services at the proposed location ... and are demanding that meaningful, substantive and comprehensive consultations take place," the lawsuit states.
The claim alleges the final decision to proceed was made in a "special secret meeting" by the elected band council and that the Canadian government "conspired" with the band council to "hold the secret meeting and to demand, as a condition of funding, that the new police building be delivered to the site ... no later than March 31, 2008."
The future location of the station -which is next to an elementary school -has caused grief for the community, the suit alleges.
"There is a very high risk of harm and possible fatal injury to children attending the school because of the close proximity of the station to it. It is common knowledge that the location of the police station and related buildings will impose, among other things, serious safety issues for the community and their children," the documents state.
The main benefactor of the project, the suit alleges, is someone related to Mohawk police chief Ron Maracle.
"The actions of the chief of police by charging community members engaged in lawful protest and demanding consultation is nepotistic and in direct conflict of interest with his duties as a peace officer and officer of the court," the documents say.
The claim also calls the criminal charges against the protesters "malicious, frivolous and vexatious."
Last week, a similarly-worded, $74-million lawsuit was launched against the band council, a local businessman and a number of other government ministries in relation to a quarry and asphalt plant operating on the reserve.
Calls to the lawyer who filed both lawsuits in Belleville court, Ottawabased solicitor Stephen Reynolds, were not returned.
Mohawks of the Bay of Quinte Chief R. Donald Maracle said the lawsuit was discussed earlier this week by band council.
The council moved to hire legal counsel to defend it against the action.
Maracle would not comment further on the two lawsuits.
"Right now, it would be inappropriate for me to comment on the situation," he said.