July 8, 2011
Hamilton Spectator
Caledonia residents and business owners have won $20 million from the province for their losses in an aboriginal land-claims protest.
The five-year class action lawsuit was settled Friday when the Ontario government agreed to the compensation fund. The decision was approved by Superior Court Judge David Crane.
“We’re really pleased that we’ve been able to reach a settlement in this case. And I really hope that it will really provide some closure for the residents, the business owners – help them … move forward with their lives,” Attorney General Chris Bentley said Friday afternoon.
The long-term resolution is to address the land claim issues, but the federal government must take the lead on that aspect, Bentley said.
The class action suit was filed by lawyer John Findlay in June 2006. It focuses on four incidents during the occupation in which Argyle Street was closed, the Highway 6 bypass was closed, court injunctions were not enforced and hydro was interrupted after a transformation station was burned on the Victoria Day weekend.
The suit alleges OPP, the province and the county broke laws by allowing these occurrences to take place during the 22-month occupation.
“The unfortunate thing is it’s not over until thing gets cleaned up next door,” Caledonia homeowner and representative plaintiff in the class action suit Kevin Clark said. “We’re always living with the potential fear that this might ramp up again at any time.”
Many involved had wanted to go to court so that they could have on record what was allowed to happen during the often-violent occupation, he said.
“Really, for us, it wasn’t about the money,” the 48-year-old said. “It was about some kind of justice for us.”
The money will go to residents or business owners in the community who suffered direct losses as a result of the protest.
The plaintiffs have developed a process to determine how the money will be distributed based on their losses.
- With files from The Canadian Press