Haldimand Review - KAREN BEST

Marshall reserves judgement; Lawyers suggest no action
Wednesday, July 26 2006

Two Six Nations women named on injunctions attended the latest Ontario Superior Court of Justice hearing without Ontario Provincial Police arresting them.

Jacqueline House and native spokesperson Janie Jamieson were among several Six Nations people at the Cayuga court house on July 24. They and several other known and unknown persons were named in injunctions ordering people off the Southern Ontario Railway and Douglas Creek Estates in Caledonia.

The subdivision has been occupied by Six Nations persons and other protesters since Feb. 28. The railway was blockaded from April 20 to June 13 and again on June 29.

In March, Judge David Marshall found persons occupying the subdivision to be in contempt of a court order requiring them to leave. This latest hearing was called to hear submissions on how contempt of court should be addressed.

As far as Jamieson is concerned, no court in Canada has jurisdiction over First Nations who have never relinquished their sovereignty. Prosecuting aboriginal people without proving they are Canadian citizens and ignoring that they are allies to the Crown is high treason, she said outside the court. According to First Nations, this legal action can be seen as a declaration of war, she continued.

Jamieson pointed out that Marshall owns land in the Towpath land claim and should step down due to a conflict of interest. In an earlier hearing, Marshall ruled that he did not have a conflict.

At the beginning of the hearing, House approached Marshall and said she had no idea why she was named in the rail line injunction. The railway company lawyer said she was named because she was a spokesperson.

Acting on her behalf and on the behalf of other Six Nations members, Patrick Ellis, said there was a challenge to the court's jurisdiction. "We are sitting in the middle of Indian territory," he said exhibiting a map of First Nations lands outlined in the Royal Proclamation of 1763. He asked that the hearing be deferred and said if it wasn't, he would seek an injunction to stop this court proceeding.

Marshall said it was inappropriate to adjourn because lawyers for the Ontario Attorney General, Canadian Attorney General, OPP, Haldimand County and the Haldimand Law Association had prepared briefs.

Dennis Brown and Malliha Wilson of the Ontario Attorney General's office argued that while regard must be had for the rule of law, this can be tempered through negotiations between Ontario, Canada and Six Nations and through OPP actions.

After outlining events since Feb. 28, Brown noted that only a handful of protesters continue civil disobedience by remaining in the subdivision which was transferred to Ontario government ownership on July 5. The situation in Caledonia has been stabilized by negotiation efforts but he recognized that civil disobedience will affect peace and calm in the town. If the court persists in its drive to see contempt orders executed, the fragile state could disintegrate with a return to violence, he continued.

Brown also said that it will be difficult for the court to vindicate itself because it would have to determine who was on the property during specific times.

He emphasized that OPP "are actively engaged in keeping the peace and upholding the law".

In the case of rule of law, the court and police are fundamentally separate powers and the court is not to interfere with police, said Wilson.

Acknowledging the limits on the court, Marshall noted that without controls, society can deteriorate into a police state. The contempt order was burned and stomped on, he said. "If ever there was a case of contempt of court, this is it," he continued. The court can direct 0PP to act but not how or when, he said.

"This is a matter at the very heart of justice," Marshall stated. "If orders are ignored, democracy will disintegrate. The negotiations underway are very important. But we're faced with a blatant attack on the integrity of our courts."

The judge was seeking a balance in dealing with the court's role without interfering with important negotiations. He dismissed Wilson's suggestion that the rule of law is discretionary. While recognizing the need for police discretion, he said it was not limitless.

"Ontario cannot allow mayhem on their property," Marshall said emphasizing the need to return law to Ontario land.

Negotiation is the best route to resolution and reconciliation, said Gary Penner of the Canadian Attorney General's office. He said that when Marshall called previous hearing, they had an unsettling effect on the negotiation group by injecting uncertainty and concern into proceedings.

"The OPP recommendation is to leave this matter in the capable hands of the Crown," said OPP lawyer Denise Dwyer. She read the injunction which specifically stated that protesters were move off the property and to not interfere with Henco Industries and house construction. She contended that police cleared the site on April 20 and then a fresh occupation began.

The contempt orders no longer exist because the protesters are not interfering with Henco Industries, said Dwyer. If a large number of people are arrested, there would be an unwieldy prosecution, she added. Every time Marshall is in court about this there is tension in the occupied subdivision, she reported. "The whole goal is to get to the root cause, the land claim," she added.

Police discretion to not lay charges is very important and not laying charges is not an abandonment of the rule of law, noted Dwyer.

Kenneth Peel, lawyer for the rail line, urged support of the OPP position. There is no fresh information that there is an urgent need to intervene, he stated.

County lawyer Woody McKaig said the Crown and aboriginal peoples have a relationship and a duty to negotiate. The DCE matter is better dealt with at the negotiating table and eventually the contempt of court will come back before the court, he said.

Prosecution of contempt is best handled by the Attorney General, said Ed McCarthy of the Haldimand Law Association. The continued occupation of DCE is frustrating a process that can lead to resolution of the Plank Road land claim, he pointed out.

Disagreeing with the OPP's view of a fresh occupation, McCarthy said the contempt order is ongoing whether Henco is gone or not. He said the court could issue a writ ordering police to maintain public order. This method of bringing the occupation to an end will alleviate the concerns of neighbours and reduce the tension in Caledonia in general, said McCarthy.

Alexandra Paparella of the Crown attorney office said arrests would not end the occupation because protesters would return to the site. She asked the judge to leave the matter in the hands of the attorney general and OPP. The Crown and police work in cooperation and outstanding contempt issues can be left to police, she continued. Paparello also said that it could be argued that contempt was only valid as long as Henco owned the property.

The spirit and the letter of the law has been disobeyed in a very public manner by many people, said lawyer Lawrence Elliott, who was acting as a friend of the court. There are risks associated with inaction, he continued.

He suggested the attorney general with OPP investigate potential for conviction of contempt.

After six hours of submissions, Marshall said he would issue reasons for any future steps at a yet to be determined time.

Toronto man launches website to bring attention to land claims [Link]

We are open to any involvement’
Thursday, July 13, 2006

CAYUGA - Blake Cohoe and John Browning practice new methods of policing with passion and compassion.

If you get a chance to speak to them, you’ll soon learn about their determination to strike up relationships amid turmoil, their dedication to respect and negotiations and their confidence in the possibility of healing in Caledonia and Six Nations.

Working on the cutting edge of the latest in policing, Cohoe is one of the three OPP Aboriginal Response Team (ART) members assigned to network with Six Nations individuals and Browning is one of three OPP Major Event Liaison Team (MELT) members addressing Caledonia resident concerns.

Picture these men standing back to back facing their respective clients, for lack of a better word. They move forward to work within the communities, quietly and steadily building a momentum toward peace, as much as possible, but they do not work in isolation. While given latitude on how the job gets done, these men and their teams mesh. Browning illustrated this by intertwining fingers from both his hands.

In an exclusive interview with The Chronicle, Cohoe and Browning explained how they carry out their duties. The ART and MELT teams were created to improve OPP policing in the wake of the Ipperwash crisis.

On March 1, Cohoe, who is a member of the Huron First Nation, was dispatched with other ART members to Caledonia. The day before some Six Nations citizens moved into the Douglas Creek Estates subdivision. They remain on land they say is theirs and was never to be sold.

In 1784, Sir Frederick Haldimand, who was governor general of Quebec and Ontario, granted 950,000 acres along the Grand River to the Mohawk people and others of the Six Nations to replace lands lost in the American War of Independence. In the deed document, Haldimand wrote that the land was theirs for posterity.

In the 1840s, the government wanted to construct a road from Hamilton to Port Dover on the deeded land. Six Nations say the land was leased and not sold.

Understanding the history and culture of Six Nations gives Cohoe insight into their beliefs and reasoning related to this land reclamation. From the first day on duty in Caledonia, ART members began building respectful relationships that assist OPP in addressing the safety and security of all people involved, he said. This crucial groundwork paid off when tensions escalated.

On May 22, Six Nations protesters removed their Argyle Street South barricade but Caledonia residents and others remained on the street. When Six Nations members walked into the crowd to help a woman stranded in a car involved in an accident, Caledonia residents refused to let them pass. Violence erupted with blows exchanged by individuals on both sides.

After Six Nations members hauled a hydro tower down the street and set it up as a new barricade, Cohoe was there. "I was standing with the land claimers for sometime to talk and deescalate the situation," he said. Looking back he was certain he made a difference because no one suffered serious injuries that day.

While Cohoe is reluctant to confirm it, he worked around the clock into Tuesday when the hydro tower was pulled off the street.

"There was definitely a commitment to a peaceful resolution," said Cohoe. One of his roles was to help facilitate the removal of the barricade. "We (Six Nations and OPP) jointly had come to help each other in positive progress," he said. "Relationships were built through a lot of hard work on everyone’s part to accomplish an obvious decrease in tension."

Barricade removal was also a collaborative effort by the OPP as a whole, noted Cohoe, who does not go onto the site. He meets Six Nations individuals where he can.

The OPP’s 44 ART members build relationships between police services, aboriginal peoples and communities. Each officer is trained in negotiations, and in history and culture of First Nations. Cohoe joined the team because he has a sincere desire to help OPP and native communities.

ART was born out of the Aboriginal Strategy Committee in the OPP’s Western Region, which includes Ipperwash. ART and MELT members work together under the Framework for Police Preparedness for Aboriginal Critical Incidents. The framework promotes a flexible approach to resolving conflict and crises, OPP Commissioner Gwen Boniface stated during June Ipperwash Inquiry testimony. People with specialties can identify issues, look for peaceful resolutions and develop strategies to use minimum force, she continued.

In March 2006, the First Nations Chiefs of Ontario asked for changes in the critical incident definitions. OPP amended it to include high risk on a First Nation territory or to a First Nation person where there is potential for violence requiring an integrated response from OPP. Sources of conflict arising from aboriginal treaty rights are now deemed critical incidents.

After joining the OPP in 2002, Cohoe worked as a regular officer in the Essex County detachment for a year and then joined the committee. Once ART was established in 2004, he became a member.

"I think there is a definite need for the existence and future enhancement of ART," said Cohoe. "OPP has recognized there’s a linkage between understanding issues related to the goals and aspirations of the aboriginal community and building healthy relationships to properly respond to incidents involving aboriginal people."

In April 2005, he was one of the ART officers called to a grade school in the Walpole Island reserve. Someone had scrawled a death threat on school property. No incidents were reported while Cohoe and other members spent four weeks liaising with children, parents and school authorities.

For Cohoe, the Caledonia situation is the largest scale and most publicized event that he has worked. "OPP on a general scale has done an excellent job because of the length of the occupation and no serious injuries have occurred," he said.

When asked if two sets of law were in place, Cohoe stated, "Police is always a neutral party and the primary focus and goal of OPP is everyone’s safety and security. There are never two sets of laws or two sets of races or 15 sets of races."

Cohoe also defended his colleagues, who have been criticized by some Caledonia and Ontario residents. "They’ve done an excellent job," he emphasized. "My hat’s off to all the OPP members that have been here."

Created at the same time, the Aboriginal Response Team and the Major Event Liaison Team work together. In Caledonia, one supervisor oversees the two teams.

Browning, who joined OPP in 1994, is a member of the Middlesex County detachment where he trained to work as a crisis negotiator. Many times he played a role in convincing a suicidal person to surrender to police. He offered an empathetic view of their plights. They try something out of character to get attention, he stated.

When MELT was established, candidates were selected out of the crisis negotiator pool. Browning applied because he had an interest in the team’s mission. He is one of 12 members who can be deployed to a variety of incidents including hostage taking, barricade cases and execution of high risk warrants.

Near the beginning of the Six Nations incident, Browning was a uniform presence on site security. He said monitoring the subdivision in a cruiser was an important duty because information is relayed to supervisors.

On June 26, Browning was assigned fulltime to the Caledonia incident as a MELT member. In concept, the team is reactive, he explained. Town residents already have developed relationships with police services board members and community officers. MELT came in to open lines of communication with any person impacted by the incident.

Like Cohoe, Browning works in civilian clothing but always informs people that he is an officer. Both can make arrests. Transparency is essential in building trust as he reaches out to hear resident concerns. When appropriate, information is passed on to supervisors.

MELT and ART members are also a conduit to other resources including counseling services offered by Haldimand Norfolk REACH.

The two teams co-train on aboriginal history, crisis negotiation and alternate dispute resolution. "There are no specific tasks that we need to accomplish. We are open to any involvement," said Cohoe.

In working with town residents, problems can be solved, Browning pointed out. Through dialogue, solutions can be uncovered and steps can be taken toward resolution, he added.

In the first week of July, Browning just started outreach efforts to Caledonia Citizens Alliance members, the executive director of the Caledonia Regional Chamber of Commerce and some business owners.

MELT waited to move into the neighbourhood closest to the occupied subdivision until Canada Day had passed. They also waited for the Ministry of Municipal Affairs and Housing to complete its survey of residents’ needs for assistance. Last week Browning said the team is waiting for the ideal time to meet people living on Braemar Avenue, Thistlemoor Drive and MacCrae Drive.

Over the summer, Browning, who will be on duty during any critical events in the area, hoped to forge relationships. He expected the team to hold open meetings and to meet privately with individuals.

Like other officers, he is aware that many Caledonia residents are disappointed with police action. Browning hoped perceptions would change after people learn that the OPP’s approach is the best practice for this situation.

Racism will fade after dialogue leads to broader understanding and appreciation of both sides, he continued. He was aware that this might be a difficult goal to attain and he was ready to bear the brunt of residents’ frustrations. Part of the healing is to get feelings out and then people can look at longer term, lasting solutions, he said. His team will use communication to reduce fear and anxiety in the community.

Cohoe also understood the racism. "The dispute is just frustration," he summed up. "Our commitment is to help any person in the community to see if we can stop those frustration levels and to assist people in any way."

Both ART and MELT members liaise with the two communities during and after the event. It will take time for both to heal, noted Browning. Healing will start when people see a resolution coming. At that time, the specialty teams will brainstorm with residents to select the best ideas to assist the communities in healing and coming together, he continued.

Meanwhile, Cohoe encouraged people to stop any officer to ask for an ART or MELT member. In fact, he wanted citizens to approach officers more often.


Specialty police on duty; 'We are open to any involvement'
Wednesday, July 12, 2006

Blake Cohoe and John Browning practice new methods of policing with passion and compassion.

If you get a chance to speak to them, you'll soon learn about their determination to strike up relationships amid turmoil, their dedication to respect and negotiations and their confidence in the possibility of healing in caledonia and Six Nations.

Working on the cutting edge of the latest in policing, Cohoe is one of the three OPP Aboriginal Response Team (ART) members assigned to network with Six Nations individuals and Browning is one of three OPP Major Event Liaison Team (MELT) members addressing caledonia resident concerns.

Picture these men standing back to back facing their respective clients, for lack of a better word. They move forward to work within the communities, quietly and steadily building a momentum toward peace, as much as possible, but they do not work in isolation. While given latitude on how the job gets done, these men and their teams mesh. Browning illustrated this by intertwining fingers from both his hands.

In an exclusive interview with The Chronicle, Cohoe and Browning explained how they carry out their duties. The ART and MELT teams were created to improve OPP policing in the wake of the Ipperwash crisis.

On March 1, Cohoe, who is a member of the Huron First Nation, was dispatched with other ART members to caledonia. The day before some Six Nations citizens moved into the Douglas Creek Estates subdivision. They remain on land they say is theirs and was never to be sold.

In 1784, Sir Frederick Haldimand, who was governor general of Quebec and Ontario, granted 950,000 acres along the Grand River to the Mohawk people and others of the Six Nations to replace lands lost in the American War of Independence. In the deed document, Haldimand wrote that the land was theirs for posterity.

In the 1840s, the government wanted to construct a road from Hamilton to Port Dover on the deeded land. Six Nations say the land was leased and not sold.

Understanding the history and culture of Six Nations gives Cohoe insight into their beliefs and reasoning related to this land reclamation. From the first day on duty in caledonia, ART members began building respectful relationships that assist OPP in addressing the safety and security of all people involved, he said. This crucial groundwork paid off when tensions escalated.

On May 22, Six Nations protesters removed their Argyle Street South barricade but caledonia residents and others remained on the street. When Six Nations members walked into the crowd to help a woman stranded in a car involved in an accident, caledonia residents refused to let them pass. Violence erupted with blows exchanged by individuals on both sides.

After Six Nations members hauled a hydro tower down the street and set it up as a new barricade, Cohoe was there. "I was standing with the land claimers for sometime to talk and deescalate the situation," he said. Looking back he was certain he made a difference because no one suffered serious injuries that day.

While Cohoe is reluctant to confirm it, he worked around the clock into Tuesday when the hydro tower was pulled off the street.

"There was definitely a commitment to a peaceful resolution," said Cohoe. One of his roles was to help facilitate the removal of the barricade. "We (Six Nations and OPP) jointly had come to help each other in positive progress," he said. "Relationships were built through a lot of hard work on everyone's part to accomplish an obvious decrease in tension."

Barricade removal was also a collaborative effort by the OPP as a whole, noted Cohoe, who does not go onto the site. He meets Six Nations individuals where he can.

The OPP's 44 ART members build relationships between police services, aboriginal peoples and communities. Each officer is trained in negotiations, and in history and culture of First Nations. Cohoe joined the team because he has a sincere desire to help OPP and native communities.

ART was born out of the Aboriginal Strategy Committee in the OPP's Western Region, which includes Ipperwash. ART and MELT members work together under the Framework for Police Preparedness for Aboriginal Critical Incidents. The framework promotes a flexible approach to resolving conflict and crises, OPP Commissioner Gwen Boniface stated during June Ipperwash Inquiry testimony. People with specialties can identify issues, look for peaceful resolutions and develop strategies to use minimum force, she continued.

In March 2006, the First Nations Chiefs of Ontario asked for changes in the critical incident definitions. OPP amended it to include high risk on a First Nation territory or to a First Nation person where there is potential for violence requiring an integrated response from OPP. Sources of conflict arising from aboriginal treaty rights are now deemed critical incidents.

After joining the OPP in 2002, Cohoe worked as a regular officer in the Essex County detachment for a year and then joined the committee. Once ART was established in 2004, he became a member.

"I think there is a definite need for the existence and future enhancement of ART," said Cohoe. "OPP has recognized there's a linkage between understanding issues related to the goals and aspirations of the aboriginal community and building healthy relationships to properly respond to incidents involving aboriginal people."

In April 2005, he was one of the ART officers called to a grade school in the Walpole Island reserve. Someone had scrawled a death threat on school property. No incidents were reported while Cohoe and other members spent four weeks liaising with children, parents and school authorities.

For Cohoe, the caledonia situation is the largest scale and most publicized event that he has worked. "OPP on a general scale has done an excellent job because of the length of the occupation and no serious injuries have occurred," he said.

When asked if two sets of law were in place, Cohoe stated, "Police is always a neutral party and the primary focus and goal of OPP is everyone's safety and security. There are never two sets of laws or two sets of races or 15 sets of races."

Cohoe also defended his colleagues, who have been criticized by some caledonia and Ontario residents. "They've done an excellent job," he emphasized. "My hat's off to all the OPP members that have been here."

Created at the same time, the Aboriginal Response Team and the Major Event Liaison Team work together. In caledonia, one supervisor oversees the two teams.

Browning, who joined OPP in 1994, is a member of the Middlesex County detachment where he trained to work as a crisis negotiator. Many times he played a role in convincing a suicidal person to surrender to police. He offered an empathetic view of their plights. They try something out of character to get attention, he stated.

When MELT was established, candidates were selected out of the crisis negotiator pool. Browning applied because he had an interest in the team's mission. He is one of 12 members who can be deployed to a variety of incidents including hostage taking, barricade cases and execution of high risk warrants.

Near the beginning of the Six Nations incident, Browning was a uniform presence on site security. He said monitoring the subdivision in a cruiser was an important duty because information is relayed to supervisors.

On June 26, Browning was assigned fulltime to the caledonia incident as a MELT member. In concept, the team is reactive, he explained. Town residents already have developed relationships with police services board members and community officers. MELT came in to open lines of communication with any person impacted by the incident.

Like Cohoe, Browning works in civilian clothing but always informs people that he is an officer. Both can make arrests. Transparency is essential in building trust as he reaches out to hear resident concerns. When appropriate, information is passed on to supervisors. MELT and ART members are also a conduit to other resources including counseling services offered by Haldimand Norfolk REACH.

The two teams co-train on aboriginal history, crisis negotiation and alternate dispute resolution. "There are no specific tasks that we need to accomplish. We are open to any involvement," said Cohoe.

In working with town residents, problems can be solved, Browning pointed out. Through dialogue, solutions can be uncovered and steps can be taken toward resolution, he added.

In the first week of July, Browning just started outreach efforts to caledonia Citizens Alliance members, the executive director of the caledonia Regional Chamber of Commerce and some business owners.

MELT waited to move into the neighbourhood closest to the occupied subdivision until Canada Day had passed. They also waited for the Ministry of Municipal Affairs and Housing to complete its survey of residents' needs for assistance. Last week Browning said the team is waiting for the ideal time to meet people living on Braemar Avenue, Thistlemoor Drive and MacCrae Drive.

Over the summer, Browning, who will be on duty during any critical events in the area, hoped to forge relationships. He expected the team to hold open meetings and to meet privately with individuals.

Like other officers, he is aware that many caledonia residents are disappointed with police action. Browning hoped perceptions would change after people learn that the OPP's approach is the best practice for this situation.

Racism will fade after dialogue leads to broader understanding and appreciation of both sides, he continued. He was aware that this might be a difficult goal to attain and he was ready to bear the brunt of residents' frustrations. Part of the healing is to get feelings out and then people can look at longer term, lasting solutions, he said. His team will use communication to reduce fear and anxiety in the community.

Cohoe also understood the racism. "The dispute is just frustration," he summed up. "Our commitment is to help any person in the community to see if we can stop those frustration levels and to assist people in any way."

Both ART and MELT members liaise with the two communities during and after the event. It will take time for both to heal, noted Browning. Healing will start when people see a resolution coming. At that time, the specialty teams will brainstorm with residents to select the best ideas to assist the communities in healing and coming together, he continued.

Meanwhile, Cohoe encouraged people to stop any officer to ask for an ART or MELT member. In fact, he wanted citizens to approach officers more often.


Province exploring homeowner compensation
Thursday, July 06, 2006

CALEDONIA - The Ontario government is ready to help Caledonia residents who say they don’t want money. They are looking for peace and security on their properties.

“Throwing a little money at me and allowing this to go on for one and a half years isn’t doing anything for me, ”said John Gould. People in his neighbourhood have lived with fear and uncertainty since some Six Nations residents began to occupy Douglas Creek Estates, a Caledonia housing development.

“I don’t want money. I want my life back, ”he said.

One of his neighbours stopped by to talk about an interview with a representative from the Ontario Ministry of Municipal Affairs and Housing.  The ministry is canvassing the area to determine needs of those most affected by the Six Nations occupation of the subdivision. Homeowners close to the disputed property fear their homes have decreased in value.

Ministry employees came to his house to take information to deal with the Beginning on Feb. 28, some Six Nations residents, other First Nations peoples and protesters occupied Douglas Creek Estates. They say the land was never for sale and disputed the Ontario and Canadian government position that the land was sold in 1841. In 2005, the developers were guaranteed title by the Ontario government.

Frightened after a few Six Nations individuals threatened to burn down houses on June 9, he and other neighbours are petitioning for a bullet proof and flame proof fence. They want a highway sound barrier type fence erected between their homes and the railway track, where protesters often travel.

The man reported that Haldimand Norfolk MP Diane Finley was interested in helping and could because rail lines fall under federal jurisdiction. Last week Colleen Cameron, who works in Finley’s office, said the MP had not yet received the petition and could not comment on the fence at that time.

Affected residents say they will remain uneasy as long as protesters occupy the subdivision. Two weeks ago Ontario Premier Dalton McGuinty asked them to leave but they have refused to do so stating it is their land.


Judge forges toward return of law
Thursday, July 06, 2006

CAYUGA - Judge DavidMarshall is moving toward the return of the rule of law in Haldimand County and will discuss it further later this month with involved parties.

During a special hearing held on July 5 in the Ontario Superior Court of Justice, he emphasized his intention to vindicate the court and its process but did not want to negatively impact land claim discussions.

At the hearing, Dennis Brown of the Ontario Attorney General’s office announced that Ontario has obtained the title to Douglas Creek Estates, a subdivision occupied by some Six Nations residents since Feb. 28. They say it is part of their territory.

On July 4, Henco Industries and the province made an agreement and the land will be placed in trust. Its disposition will be determined by trustees and through the recommendations of the land claim negotiating team, said Brown.

Henco Industries sold the land for $12.3 million plus a yet to be negotiated amount to represent fair market value. This will be negotiated over the next 45 days. If a price is not agreed upon, the matter will go to binding arbitration. The company hopes the final use of the property will benefit the entire community.

While the company was prepared to set aside an injunction requiring occupiers to leave the land, the injunction remained in place. Brown argued that the inquiry is no longer relevant and that the contempt of Marshall’s order for occupiers to leave the land stands alone. The province can seek its own injunction but Brown had no instruction on whether that will or will not take place.

Marshall reserved his decision on the injunction but continued to ask lawyers representing the Ontario and Canadian government, Southern Ontario Railway, Haldimand County, Henco and OPP how the court should deal with contempt of its orders. He said that a decision on the contempt may speed up or slow down land claim negotiations.

At this point, Hagersville lawyer Ed McCarthy told the court that residents close to DCE were experiencing harassment from protesters including ATV noise, yelling and lights shining into their homes. One man lost his job due to stress and consuming fear for his wife and children. Some people have plans to move children into the basement if an incident occurs, he reported.

“They’re being held hostage in the interest of negotiations. Is that fair, ”asked McCarthy.

He urged OPP to clear protesters off the site and if they could not do so, he asked them to ask for help from RCMP. Later he said the only way to resolve the situation will be for Haldimand County to go through the Emergency Measures Act to ask for help from the military. “I don’t see how else this will be resolved,” he said.

“The court is concerned and interested, ”responded Marshall. “The rule of law is of interest to the courts and the community’s concepts about the rule of law.”

Marshall continued to emphasize the importance of society respecting court orders and sought vindication for court processes. When orders are held in contempt, the court is not hurt by that, it is destroyed by it, he stated. The judge bluntly said he would move ahead to return the rule of law in Haldimand County.

“Democracy cannot operate without the rule of law,” he said.

Marshall set another hearing for July 24 where involved parties will discuss procedure, jurisdiction and other matters including court decision impacts on the community and negotiating process. He is determined to make a decision on the contempt orders and will ask the lawyers for assistance on penalties which could include fines.


Barricade blocks traffic on rail line again
Thursday, July 06, 2006

CALEDONIA - The Ontario and Canadian government issued a stern warning when a blockade reappeared last week on a rail line running through Caledonia.

Canada and Ontario informed the Haudenosaunee Six Nations they would not negotiate while there was a rail line blockade,” said Lars Eedy, a media spokesperson for the Ontario Secretariat for Aboriginal Affairs. The message was relayed shortly after 10 a.m. on June 29. The regularly scheduled Thursday main table meeting, which includes representatives from Six Nations and the Ontario and Canadian governments, was not held on that day.

At 4 a.m. on June 29, OPP detected movement on the Southern Ontario Railway at Sixth Line, which is on the south side of Douglas Creek Estates. Since Feb. 28, some Six Nations residents have occupied the land, that they say was to never be sold.

Ontario and Canada believe it was.

When SOR personnel inspected the line, they found tires and ties stacked up on the tracks to symbolize a barricade, company lawyer Kenneth Peel stated at an Ontario Superior Court of Justice hearing on July 5. The individuals who built the blockade were strongly encouraged to leave by the Six Nations Haudenosaunee chiefs, clan mothers and Six Nations band.

OPP lawyer Christopher Diana told the court that the barricade was set up to coincide with similar First Nations rail line barricades in Manitoba. Those blockades were called off and when protesters were given papers verifying this, they still did not move off the rail line, said Peel.

Eventually Six Nations police assisted in the removal. Safety equipment was damaged during the blockading incident and was repaired in time for the next scheduled train at 3:30 p.m.

The first railway barricade was erected after OPP arrested 16 people on DCE on April 20. On June 13, it was removed and train traffic began the next day. An injunction requiring removal of the barricade was obtained by the company in early May and remains in effect.

Peel told the court that the company wanted assurance that ordinary policing of the rail line would be in plaice to deter further interference and that tickets would be issued under the Railway Safety Act. He also asked for assurance that effective communication will occur between Six Nations police and OPP.

Denise Dwyer, who represented OPP at the hearing, said OPP are conducting an investigation into the event and into mischief on the line. OPP retain policing authority on the Six Line and the rail line but have sought assistance from Six Nations police to maintain public and officer safety and peaceful policing on this road. This temporary arrangement will not disrupt police services, she stated.

On the morning of June 29, representatives of the main land claim negotiating table walked the site and talked to adjacent property owners about the impact of the occupation, said Eedy. The main table was scheduled to meet again on July 6.

“The temporary blockade of the CN rail line further demonstrates a lack of leadership within the protest site,” said Caledonia Citizen Alliance member Ken Hewitt. “The difficulties in trying to come to a solution that benefits both communities with respect to (Douglas Creek Estates) continue to exist.”.


Residents meet with McGuinty
Thursday, June 29, 2006

TORONTO Three members of the Caledonia Citizen’s Alliance met with Ontario Premier Dalton McGuinty on June 21 to relay citizen concerns.

The premier took the ultimate solution under advisement, said Ken Hewitt. “The only solution for front line neighbours is that land be cleared and the protest taken to the board room, ”he told media two hours after the meeting.

The land in question is Douglas Creek Estates, which has been occupied by Six Nations citizens since Feb. 28. Two weeks ago, Henco Industries announced an agreement in principle to sell the 42 hectare property to the province. On June 22, the company confirmed that interim compensation of $12.3 million was accepted. This past week negotiations continued to settle a fair price for the land.

According to Hewitt, McGuinty asked to see him, Ralph Luimes and Jason Clark, all members of the Caledonia Citizens Alliance.

The night before the meeting, the premier’s secretary joined the three men and the ministers of Aboriginal affairs and economic development.

The premier’s staff offered a five minute meeting and McGuinty offered 15 which expanded to 25 minutes. Luimes said McGuinty listened intently. The premier pledged to move forward and suggested future meetings, he reported.

On June 22, McGuinty told media that the Caledonia situation has caught the attention of the Ontario government and “we’re prepared to stay there and get this done”. Continuing occupation is not helpful and constitutes remaining potential for danger, he said.

The premier also said it would helpful to negotiations if the occupation ended, people cleared off the land and barricades be removed on the subdivision.

Six Nations spokesperson Janie Jamieson later said her people will not leave land that is theirs.

The land ownership remains at the crux of the issue. In their meeting with McGuinty, Hewitt said that Caledonia will not accept anything less than placing the land in a trust to prevent transfer to Six Nations and Haldimand County.

“If the land is transferred (to Six Nations), the whole community is for sale, ”he said. Six Nations residents state that the subdivision is part of the Plank Road claim and that land was to be leased and not sold. The claim includes Highway 6 through the Haldimand Tract and Argyle Street and half a mile on either side.

Transfer of the title to Six Nations will have a big economic impact for Caledonia because it puts the validity of title in question, Hewitt continued. In 2005, Henco received a guarantee of property ownership from the Ontario government.

Because Minister David Ramsay, who is responsible for Ontario aboriginal affairs, has said that a claim might be legitimate, Jason Clark is concerned about a transfer to Six Nations.

His cousin, Kevin Clark, told The Review that he believes the transfer will happen.

To support the ongoing value of adjacent property, Hewitt supported construction of something beneficial to the communities, like a park, community centre or medical clinic. On April 26, John and Laurie Wilson of Caledonia suggested construction of a medical centre, an emergency complex for fire, ambulance and police, and a new water filtration system and sewage filtration plant on the property.

Six Nations resident Christina Hill does not understand why Caledonia Alliance thinks it should have a say about what is done on DCE. “This is our land,” she said.


Province to purchase Caledonia subdivision
Monday, June 26, 2006

CAYUGA Don and John Henning hope that the Ontario government purchase of Douglas Creek Estates will ease tension in Caledonia.

Once the government holds the land in trust, the Hennings hope this will go a long way toward keeping things cool out there, said their lawyer, Michael Bruder. Hopefully the situation will de-escalate, he added.

The first choice of Henco Industries was to develop the land but the Hennings had to go along with the province’s purchase offer to ensure the company’s financial viability. Over the next week, consultants working for Henco will set a fair market value and negotiate closure of the purchase agreement.

The company has lost $45 million in revenue from lot sales through this incident.

Meanwhile the injunction requiring protesters to leave the site remains in place until the title is transferred. The Ontario government will hold the land in trust with a third party that can veto sales. The trust holding will continue until the main long term negotiating group determines the future use and ownership of the site.

Bruder told reporters on June 16 that this situation was unique and will not set a precedent in land claim disputes. He also said the Hennings’ reputation will not be tarnished by this experience. They are well respected and live in the community and their primary concern all along has been the community, stated their lawyer.

Ken Hewitt of the Caledonia Citizens Alliance said the group’s hope is that the purchase will send a message to people occupying the land. That message is there is no need for further occupation and constructive conversation can now take place in the board room, he added.

In the interests of safety for both communities, Six Nations protesters should close up camp, he said.

Hewitt also believed that the people who can best decide the future use of the land are residents of Caledonia and Six Nations. He said county council will look at political agendas in any input they provide.

In a press release issued on June 16, Haldimand County expressed an expectation to provide meaningful input into the future of this property.

Because Six Nations protesters plan to stay on the land, things remain unchanged for residents living near the occupied site. Kevin Clark is glad that the Hennings can get on with their life but said there is a long way to go for residents on Thistlemoor Drive and Braemar Avenue.

“Until they get off the land, we will live in terror,” he said.