Kathryn Blaze Carlson, National Post
December 30, 2009
The Ontario government and the Ontario Provincial Police have reached an out-of-court settlement with the Caledonia family that claimed they were terrorized during a period of lawlessness when Six Nations protestors occupied a nearby housing development in 2006.
The settlement with Caledonia, Ont., residents Dave Brown, Dana Chatwell and their son Dax was finalized on Tuesday, and was reached without any admission of liability by any party.
"The family is pleased with the settlement and look forward to putting this difficult episode behind them," said Michael Bordin, one of the lawyers for the couple. "They are satisfied that this has been resolved, and now want to move on with their lives."
The financial terms of the settlement are confidential and documents have been filed to officially dismiss the case. The surprise move came just days before the couple's trial was scheduled to resume on Jan. 4 in a Hamilton courthouse.
"The government is pleased this complex matter has been resolved," Brendan Crawley, a spokesman for the Ontario Ministry of the Attorney General, said in a statement.
Mr. Brown, 42, Ms. Chatwell, 46, and their son Dax, 18, filed a $7-million suit against the Ontario Provincial Police and the government for failing to protect them and their home during the native occupation of the Douglas Creek Estates housing project that almost surrounds their property.
In emotional testimony before Ontario Superior Justice Thomas Bielby earlier this month, Ms. Chatwell said OPP officers refused to intervene in encounters with protestors for fear that intervention would fuel the already chaotic situation at the native blockade, which was mounted in February 2006.
Ms. Chatwell said she and her family suffered physical, emotional and financial stresses, and recounted tales of being trapped on the native side of the blockade where members of the Six Nations Reserve had taken over the 70-acre construction site as part of a wider land grievance claim.
"I'm tired of fighting with the government; I'm tired of fighting with the police; I'm tired of fighting with the natives; I'm tired of fighting with Caledonia; I'm tired of fighting with Caledonia people who say just keep quiet," Ms. Chatwell told the court on Dec. 3. "I'm angry. I'm bitter. I'm sick of everyone thinking we're racists when we're not ... I've had enough."
Ms. Chatwell told the court that a snake was put in their mailbox, mail went missing, fireworks were shot at her house, a letter was dropped off saying the writer wished she would get cancer, nails were strewn along the length of their driveway and natives repeatedly threatened the family, including threats that her son would be hurt at school.
Mr. Bordin said that despite the turmoil of the past few years, the family is deeply rooted in the community and plans to relocate within Caledonia - albeit away from the contentious and still-occupied housing development.
"I grew up there," Ms. Chatwell told the court on Dec. 6 during her first day of cross-examination. That same day, she told the court that she refused to move out until "I get my money from my house."
The provincial government has since purchased the land, which lies 95 kilometres southwest of Toronto, and has allowed the occupation to continue.