Reporter Susan Gamble wrote in an Expositor article this week, "It turns out 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."
Brantford does not own the land that is being developed by third party and owner/developer/builders who are not the Crown, Brantford or the Six Nations.
The third party landowner/developer/ builders have legal title to the land according to the provincial government, which says it stands by its land titles system.
The Ontario government has given its approval and permission for the third party landowner/developer/builders to develop their land.
To my knowledge, no Canadian court has ever said the Crown must consult with a native band about development or construction outside of a reserve on land owned by a third party other than a native band or the Crown.
In addition, two Ontario justices have already issued injunctions against interfering with construction on third party land at two other sites, one in Cayuga and one in Hagersville.
The Six Nations claims in the 1995 court case, which was put on hold in favour of negotiations, were about compensation (money), not land. The federal government has said it will only give money, not land, to the Six Nations in settlement of any valid Six Nations claim.
The Canadian federal government and the Ontario government have both said they will not expropriate third-party land to give to the Six Nations in settlement of any Six Nations claim.
So, why shouldn't Justice Harrison Arrell follow the lead of other justices and issue an injunction, which prevents Six Nations activists from interfering with construction on third-party land the Six Nations has not asked for and will get?
Maybe Brantford should talk to Justice Arrell and the Six Nations about that.
Garry Horsnell Brantford