News prior to yesterday's Cayuga County hearing
regarding Six Nations' land claim
It was apparent to me, watching TV news, that law and order have totally broken down in Caledonia. No one is being arrested, even those who trashed OPP police cars. Meanwhile, the Mayor of Caledonia has indicated that all Six Nations Reserve people are "welfare recipients" and fanned the flames of ever more "hatred". Most editorials take the position that natives are not CITIZENS, which they are. The government of Ontario has not shown any leadership and not even backed up David Peterson who is the appointed negotiator. He has backed off his negotiated agreement {see below from Yesterday}. It is interesting that the hearing today focusssed on the poor performance of the Ontario Provinical Police -- and I still wonder why the RCMP has not been called in. Cooler heads need to prevail, as the OPP can CLEARLY not be trusted to work with the "situation" anymore than they could in situations dealing with aboriginal land claims in the past.
Clearly, the Judge is siding with corporate business interests who have asked for injunctions, but his rulings could pave the way for people to take a harder look at how the Ontario Provincial government has failed everyone .. and the chain goes all the way up to the Federal government which takes about 29 years to "resolve" land claims. http://afn.ca/article.asp?id=2682 Ontario has the worst record of any province on this issue.
http://www.cbc.ca/story/canada/national/2006/04/25/caledonia-protest-060425.html
{From 25 April} In an appearance on CBC Newsworld earlier in the day, the mayor said residents of the town were being hurt economically by the protest and don't have money coming in automatically every month.
When she arrived at the blockade, an unidentified woman took her to task.
"I don't know where you get off. Your redneck attitude is what's causing this whole thing," the woman said.
"There's no way you're going to make us come off as welfare recipients. You put it right on the air and I just seen it. You had no damn business saying it."
Native spokesman Clyde Powless, who had warmly greeted Trainer minutes earlier, then joined the fray.
"I'm deeply saddened by comments I've heard you made about my people waiting for a monthly cheque," Powless said. "I'm shocked at you and I will never want to address you again."
http://www.theturtleislandnews.com/
Six Nations’ land reclamation is now entering its 92nd day, Wednesday. Six Nations people took down a blockade on Argyle Street despite a near riot last week. But this week reclamation site spokespeople expressed concern over Ontario’s refusal to committto the early agreement to turn over Burtch. (Photo by Donna Duric)
Check here later for up to the minute details!
ReclamationDAY 92
Six Nations people hold demonstration and info session outside Brantford Charity Casino Wednesday morning!
Headlines Wednesday May 10, 2006
Court intervenes, orders everyone to appear, AttorneyGeneral, Confederacy Council, as Peterson reneges on agreement
By Lynda PowlessEditor
http://www.theturtleislandnews.com/Just as a barricade came down Ontario negotiator David Peterson has thrown another one up by reneging on Ontario’s promise to return the Burtch Tract to Six Nations. Peterson’s move Monday resulted in talks reaching a stalemate just as a Haldimand Ontario Superior Court judge ordered all parties involved in the dispute to appear before it tomorrow. Mohawk Chief Allen MacNaughton said Peterson’s refusal to live up to the agreement has thrown the entire talks into disarray. “He had publically agreed to return the Burtch Tract if the Highway 6 barricade came down and Ontario signed an agreement. We showed the signed agreement to him, he refused to acknowledge it.” Chief MacNaughton said as a result talks ended Monday with no new date set. “We told him to call us when things changed. He made promises to our people. Our people talked about a gradual disengagement and before the other two barricades even come down he is already going back on his word.”
Thursday, June 01, 2006 Updated at 3:30 PM EDT
http://www.hamiltonspectator.com/breaking%20news/breaking%20news_4366760.html
Caledonia judge angry with OPP over unenforced injunctions
Hamilton Spectator
Ontario Superior Court Justice David Marshall berated the OPP before a packed courthouse in Cayuga for not keeping him updated on why two court injunctions he issued were not being enforced.
Lawyers for the OPP said the police has used discretion in a situation they described as highly volatile.
"He's being very blunt and coming right to the point," said Haldimand County Mayor Marie Trainer.
"He asked the OPP lawyer why he wasn't enforcing the rule of law."
"I have every confidence he will come out with a solution to this."
The injunctions involved the occupation of Douglas Creek Estates and a blocked rail line that has led to nine of 45 Railink Canada employees being laid off, court heard.
Judge Marshall said he expects to make a decision by the end of the day.
The Six Nations confederacy, which challenges the jurisdiction of the court, refused to send any representatives to the court to speak on its behalf.
However, Darell Doxtdator, who is representing the elected Band Council said he hopes Justice Marshall realises that his order is being acted upon, and that progress is being made at the negotiating table. Doxtdator said that they need time to find a peaceful solution.
The police presence is high at the Cayuga Court House.
Everyone who entered the building was searched by the police.
After a short break, Marshall was back in court escorted by the OPP.
http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout/Article_Type1&c=Article&cid=1149027012941&call_pageid=1020420665036&col=1112188062581
Caledonia - the need for answers
Marshall
' ); -->
By Kevin CavanaghThe Hamilton Spectator(May 31, 2006)
While the thorny issue of land ownership is at the heart of this spring of discontent in Caledonia, it is public exasperation over police and political handling of the controversy that made a tense situation even more explosive.
On the first issue, it will likely take negotiators years to resolve whether Henco Industries or the Six Nations people own the partially-built Douglas Creek Estates subdivision.
But citizens deserve a more expeditious and open examination into disturbing questions about when the laws of this country and province should be enforced, when they shouldn't be, and who should make that decision.
Apparently it takes a frustrated judge to flush that kind of dialogue out into the public. Gun-shy politicians have avoided showing any leadership on handling the volatile Caledonia file. And senior police officials have been short on straight answers when asked why court injunctions were not being enforced, or why officers were told to stand by while public roads were being illegally blocked or bridges burned.
Against that near-silence, it was welcome news this week when Ontario Superior Court Justice David Marshall ordered key players in the Caledonia affair to appear in his Cayuga courtroom tomorrow and explain why police have not enforced his order to end the occupation of the housing development.
No reasonable person can doubt the complexity of the Caledonia drama, in which a centuries-old land dispute involving Canada's native people suddenly re-emerges into a world of modern-day property records and land titles. It's difficult, if not impossible, for any authority figure to take a position which didn't antagonize people on one side of the debate or the other.
Raising the tension was the fact this protest began just days after former premier Mike Harris gave contentious testimony at the Ipperwash inquiry into the shooting death of native protester Dudley George.
So, yes, the circumstances all add up to an unenviable situation for anyone whose job it is to take a leading role.
But if discretion was supposed to be some sort of strategy, it is now apparent that the near-invisibility of senior government and law enforcement officials only created a vacuum of information which, in turn, exacerbated the anger and confusion that was rising each day like a heat wave in the streets of Caledonia.
Weeks ago, as people in Caledonia and Six Nations watched, a protest that was contained to a subdivision became more widespread and angry after police made an initial move to enforce the court order and remove protesters, but then withdrew from the site within hours. Whether or not that manoeuvre was meant to be as erratic as it turned out to be, it accelerated the deterioration of relations in what is now a deeply divided community.
We may never know if executing the judge's order will have changed the course of Caledonia's recent history. Apparently someone, somewhere didn't think it was the right thing to do. Hopefully, tomorrow, we will at least hear why the law was not enforced.
http://simcoereformer.ca/story.php?id=233055
Relief for Caledonia businessesThe Simcoe Reformer
Chris Thomas - SIMCOE REFORMERMonday May 29, 2006
Clearly, the Judge is siding with corporate business interests who have asked for injunctions, but his rulings could pave the way for people to take a harder look at how the Ontario Provincial government has failed everyone .. and the chain goes all the way up to the Federal government which takes about 29 years to "resolve" land claims. http://afn.ca/article.asp?id=2682 Ontario has the worst record of any province on this issue.
http://www.cbc.ca/story/canada/national/2006/04/25/caledonia-protest-060425.html
{From 25 April} In an appearance on CBC Newsworld earlier in the day, the mayor said residents of the town were being hurt economically by the protest and don't have money coming in automatically every month.
When she arrived at the blockade, an unidentified woman took her to task.
"I don't know where you get off. Your redneck attitude is what's causing this whole thing," the woman said.
"There's no way you're going to make us come off as welfare recipients. You put it right on the air and I just seen it. You had no damn business saying it."
Native spokesman Clyde Powless, who had warmly greeted Trainer minutes earlier, then joined the fray.
"I'm deeply saddened by comments I've heard you made about my people waiting for a monthly cheque," Powless said. "I'm shocked at you and I will never want to address you again."
http://www.theturtleislandnews.com/
Six Nations’ land reclamation is now entering its 92nd day, Wednesday. Six Nations people took down a blockade on Argyle Street despite a near riot last week. But this week reclamation site spokespeople expressed concern over Ontario’s refusal to committto the early agreement to turn over Burtch. (Photo by Donna Duric)
Check here later for up to the minute details!
ReclamationDAY 92
Six Nations people hold demonstration and info session outside Brantford Charity Casino Wednesday morning!
Headlines Wednesday May 10, 2006
Court intervenes, orders everyone to appear, AttorneyGeneral, Confederacy Council, as Peterson reneges on agreement
By Lynda PowlessEditor
http://www.theturtleislandnews.com/Just as a barricade came down Ontario negotiator David Peterson has thrown another one up by reneging on Ontario’s promise to return the Burtch Tract to Six Nations. Peterson’s move Monday resulted in talks reaching a stalemate just as a Haldimand Ontario Superior Court judge ordered all parties involved in the dispute to appear before it tomorrow. Mohawk Chief Allen MacNaughton said Peterson’s refusal to live up to the agreement has thrown the entire talks into disarray. “He had publically agreed to return the Burtch Tract if the Highway 6 barricade came down and Ontario signed an agreement. We showed the signed agreement to him, he refused to acknowledge it.” Chief MacNaughton said as a result talks ended Monday with no new date set. “We told him to call us when things changed. He made promises to our people. Our people talked about a gradual disengagement and before the other two barricades even come down he is already going back on his word.”
Thursday, June 01, 2006 Updated at 3:30 PM EDT
http://www.hamiltonspectator.com/breaking%20news/breaking%20news_4366760.html
Caledonia judge angry with OPP over unenforced injunctions
Hamilton Spectator
Ontario Superior Court Justice David Marshall berated the OPP before a packed courthouse in Cayuga for not keeping him updated on why two court injunctions he issued were not being enforced.
Lawyers for the OPP said the police has used discretion in a situation they described as highly volatile.
"He's being very blunt and coming right to the point," said Haldimand County Mayor Marie Trainer.
"He asked the OPP lawyer why he wasn't enforcing the rule of law."
"I have every confidence he will come out with a solution to this."
The injunctions involved the occupation of Douglas Creek Estates and a blocked rail line that has led to nine of 45 Railink Canada employees being laid off, court heard.
Judge Marshall said he expects to make a decision by the end of the day.
The Six Nations confederacy, which challenges the jurisdiction of the court, refused to send any representatives to the court to speak on its behalf.
However, Darell Doxtdator, who is representing the elected Band Council said he hopes Justice Marshall realises that his order is being acted upon, and that progress is being made at the negotiating table. Doxtdator said that they need time to find a peaceful solution.
The police presence is high at the Cayuga Court House.
Everyone who entered the building was searched by the police.
After a short break, Marshall was back in court escorted by the OPP.
http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout/Article_Type1&c=Article&cid=1149027012941&call_pageid=1020420665036&col=1112188062581
Caledonia - the need for answers
Marshall
' ); -->
By Kevin CavanaghThe Hamilton Spectator(May 31, 2006)
While the thorny issue of land ownership is at the heart of this spring of discontent in Caledonia, it is public exasperation over police and political handling of the controversy that made a tense situation even more explosive.
On the first issue, it will likely take negotiators years to resolve whether Henco Industries or the Six Nations people own the partially-built Douglas Creek Estates subdivision.
But citizens deserve a more expeditious and open examination into disturbing questions about when the laws of this country and province should be enforced, when they shouldn't be, and who should make that decision.
Apparently it takes a frustrated judge to flush that kind of dialogue out into the public. Gun-shy politicians have avoided showing any leadership on handling the volatile Caledonia file. And senior police officials have been short on straight answers when asked why court injunctions were not being enforced, or why officers were told to stand by while public roads were being illegally blocked or bridges burned.
Against that near-silence, it was welcome news this week when Ontario Superior Court Justice David Marshall ordered key players in the Caledonia affair to appear in his Cayuga courtroom tomorrow and explain why police have not enforced his order to end the occupation of the housing development.
No reasonable person can doubt the complexity of the Caledonia drama, in which a centuries-old land dispute involving Canada's native people suddenly re-emerges into a world of modern-day property records and land titles. It's difficult, if not impossible, for any authority figure to take a position which didn't antagonize people on one side of the debate or the other.
Raising the tension was the fact this protest began just days after former premier Mike Harris gave contentious testimony at the Ipperwash inquiry into the shooting death of native protester Dudley George.
So, yes, the circumstances all add up to an unenviable situation for anyone whose job it is to take a leading role.
But if discretion was supposed to be some sort of strategy, it is now apparent that the near-invisibility of senior government and law enforcement officials only created a vacuum of information which, in turn, exacerbated the anger and confusion that was rising each day like a heat wave in the streets of Caledonia.
Weeks ago, as people in Caledonia and Six Nations watched, a protest that was contained to a subdivision became more widespread and angry after police made an initial move to enforce the court order and remove protesters, but then withdrew from the site within hours. Whether or not that manoeuvre was meant to be as erratic as it turned out to be, it accelerated the deterioration of relations in what is now a deeply divided community.
We may never know if executing the judge's order will have changed the course of Caledonia's recent history. Apparently someone, somewhere didn't think it was the right thing to do. Hopefully, tomorrow, we will at least hear why the law was not enforced.
http://simcoereformer.ca/story.php?id=233055
Relief for Caledonia businessesThe Simcoe Reformer
Chris Thomas - SIMCOE REFORMERMonday May 29, 2006
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