It turns out it the City of Brantford called for an end to the court-ordered process that put the province, the natives and the municipality around a table to discuss ongoing development issues.
In a decision handed down Tuesday, Justice Harrison Arrell declined to order the parties back to a consultation process because he said there's no use if the city doesn't want to participate.
"I'm at a lost to think that forcing the parties to negotiate will
achieve useful results."
Neal Smitheman of Fasken, Martineau, DuMoulin, the city's outside counsel, said in an interview outside the court that consultation hasn't worked.
"If we haven't figured out the issues now, we might as well get back to court and get this dealt with," he said.
He explained that Brantford had expended considerable effort on the consultation process but was stymied by ongoing work stoppages caused by native protests.
The lawyer said he counted about 17 meetings and teleconferences, many of them with experienced mediators and some running all day.
"At the end of a year of consultation, what did we find? No concessions and no resolutions or we wouldn't be back in court."
Smitheman said the city's concern is that work stoppages caused by the natives ring the consultation process.
"We can't have meaningful consultation while lawlessness is continuing in the city."
For his part, Arrell dismissed a motion by the natives asking for more court-ordered negotiations. The justice said that the process had clearly reached an impasse.
"Negotiation only bear fruit if there's a willingness by the parties to negotiate in good faith.
"(The parties) had two days in front of (a mediator) to express their concerns and a year to further express concerns. It's difficult for this court to think the parties are not aware of all the concerns."
Arrell noted that he doesn't know the details of the consultations. He said that a year ago when he ordered everyone to sit down and talk, none of the three parties was opposed to the process.
"Now Brantford feels further negotiations would not be useful and will delay matters. Ontario will not continue without Brantford. The province points out it cannot negotiate property some other body has jurisdiction over.
The hearing, which continues Wednesday, is part of a contentious legal battle that has been in and out of the courts for close to two years.
Lawyers for native applicants are asking the court to quash two city bylaws that prohibit protester interference at local development projects.