August 1, 2011
Hamilton Spectator
A group of homeowners in Caledonia is seeking more than $5 million from the province and Ontario Provincial Police for damages sustained during the native occupation of a housing project in Caledonia.
The 16 plaintiffs filed a claim in February through Hamilton law firm Evans Sweeny Bordin LLP, alleging Ontario and the OPP did not prevent or prosecute the “lawless conduct” of protesters and failed to protect residents. This claim is separate from another class action suit that was settled by the province last month with promises of $20 million in compensation.
Members of Six Nations occupied the Douglas Creek Estates housing site on Argyle Street South at the end of February 2006, claiming it was unsurrendered land. Ottawa, which has jurisdiction for land claims, says the land was surrendered in the 1840s.
John Evans, a lawyer with the firm representing the plaintiffs living on Sixth Line, Oneida Road and Stirling Street, said there are two broad claims in the lawsuit.
“One is for the profound psychological impact that the harassment, traumatic events have had on them,” he said. “The other second broad element of the claim is the claim for loss in value … of their homes.”
Chris Dudych, who is one of the residents seeking compensation in the lawsuit, says she has been trying to sell her house on Sixth Line for 2½ years and the one offer she received was “a slap in the face.”
The 49-year-old said protesters threw firecrackers at her. She said her daughter, who was in Grade 8 at the time, was almost hit by a car as she got off the school bus during the occupation.
Dudych said Sunday she has had to start seeing a counsellor and suffers from post-traumatic stress disorder because of the events.
“For what we’ve been through, no money would ever come close to a settlement with it. I want (to get) away from here as soon as possible.”
The province agreed to pay Caledonia residents and businesses $20 million in another class action lawsuit that came to a settlement July 8.
When asked whether the decision to settle in that case will influence the current claim, Brendan Crawley, a spokesperson for the Ministry of the Attorney General, said the $20 million settlement only applies to the members of that class action.
“There are other Caledonia civil actions that remain before the court and we will respond to those matters on a case-by-case basis,” Crawley wrote in an email to The Spectator.
An OPP spokesperson was unavailable to comment over the weekend.
In a statement of defence, the accused parties “deny that the OPP failed to enforce the law in Haldimand County, as alleged. The OPP and, indeed, the Crown have, at all material times, acted with all due care in performing their responsibilities and obligations.”
But Debbie Thompson, 57, disagreed. She was given a curfew of 11 p.m. most nights and would be barred by protesters from going home if she missed that time, she said, adding her daughter, who was 21 at the time, was told she would be body-searched if she wanted to return to the house after her curfew.
“When you’re locked in your home and told when you can leave, you expect to be able to depend on your police force to clear your way out,” said Thompson, who has been living with her husband on their property on Sixth Line for 12 years but has wanted to move since the occupation.
They should be compensated for the decline in their property values and receive an apology from the OPP and province, Thompson said.
“We just felt like we were second class citizens … I don’t believe in our government anymore.”