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Old 08-11-2006, 03:31 PM   #1
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Caledonia Barricade Back Up After Judge Calls For Talks To End

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FROM: CBC NEWS ONLINE
_http://www.cbc.ca/story/canada/national/2006/08/09/caledonia-barricades.html_

(http://www.cbc.ca/story/canada/natio...arricades.html)
Caledonia Barricade Back Up After Judge Calls For Talks To End
Last Updated Wed, 09 Aug 2006 12:45:43 EDT
_CBC News_ (http://www.cbc.ca/news/credit.html)

First Nations protesters erected a new barricade at a housing construction
site near Hamilton on Tuesday after an Ontario judge ruled that all
negotiations to end a land claims dispute should cease until the rule of law is
restored.
Native protesters turn a firehose on Caledonia residents after setting up a
new barricade on Tuesday. (CBC)
Protesters and hundreds of Caledonia residents faced each other Tuesday
night in a tense standoff that was dispersed by police early Wednesday. There was
no violence, but both groups hurled insults at each other.
At one point, aboriginal protesters used a firehose to spray some residents
with water.
After holding a community meeting Tuesday, the protesters announced that they
would continue occupying the Douglas Creek Estates site near Caledonia,
Ont. The protest began Feb. 28.
Six Nations spokeswoman Janie Jamieson said the protesters will "sit and
wait" and will not change their focus despite a ruling earlier Tuesday that
called for negotiations between the First Nations community and the province to
cease until protesters end their occupation.
In his ruling, Ontario Justice David Marshall said the "lawlessness" must end
before negotiations between provincial and federal officials and members of
the Six Nations community can continue to end to the dispute.
Marshall also ordered the Ontario attorney general to prosecute anyone who
violates a five-month-old court order by refusing to leave the land.
'At least they're talking and not fighting'
Provincial negotiator and former Ontario premier David Peterson called the
judge's ruling "extraordinarily unhelpful."
"This is very fragile and very complex and it doesn't need any more amateurs
trying to make this worse," Peterson said. "There's no one truth here,
there's many truths. All I know is we have to settle this before someone gets
hurt."
Peterson refused to comment on how negotiations between the province and
protesters are going, but added: "At least they're talking and not fighting."
He believes the provincial government should either appeal the ruling or
ignore it by continuing talks.
A protester stands beside a flagpole at the contested construction site near
Caledonia as tensions erupted again. (CBC)
Premier Dalton McGuinty said the province's lawyers are studying the
decision and have not decided how Ontario should respond.
He also said he wants to speak with Prime Minister Stephen Harper about the
dispute.
In the meantime, he appealed to all sides to stay calm.
Marshall called the ongoing dispute a sad state of affairs because security
had been replaced by lawlessness, with protesters donning military fatigues
and police officers wearing riot gear.
The judge has criticized the police and the province for failing to obey an
injunction issued on March 10 to remove protesters from the site.
The injunction was issued at the request of the company that then owned the
site, Henco Industries, but the protesters refused to leave.


Related

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_Nil Koksal reports for CBC-TV (Runs 3:34). Play: RealVideo _
(http://www.cbc.ca/clips/rm-lo/koksal...donia060809.rm)
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Old 08-11-2006, 03:31 PM   #2
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FROM: THE HAMILTON SPECTATOR NEWSPAPER WEBSITE

_http://www.hamiltonspectator.com/breakingnews/breakingnews_2835266.html_
(http://www.hamiltonspectator.com/bre...s_2835266.html)

Wednesday, August 09, 2006 | Updated at 12:03 PM EDT

Riot Police Called In To Keep The Peace In Caledonia.

Hamilton Spectator

The OPP had to bring in riot police again last night to keep the peace in
Caledonia.
Tensions mounted when a Caledonia resident confronted native spokesperson
Janie Jamieson who had come out of a meeting to speak to the media.
Natives and town residents gathered at the former Douglas Estate following a
judge's ruling yesterday.
Justice David Marshal ruled that his earlier order for the natives to be
removed from the site must be enforced and negotiations with the natives must
stop until that happens.
Earlier, natives had argued that the Ontario court judge has no authority
over negotiations between the natives and the federal government.
In contrast, Caledonia residents had applauded the judge's decision but
feared it may increase tensions between natives and non-natives in the town.


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9. Ontario To Appeal Caledonia Order - But residents fear ‘all
Posted by: "[email protected]" mailto:[email protected]?Subject=Re: Ontario%20To%20Appeal%20Caledonia%20Order%20-%20But%20residents%20fear%20%80%A0%A2%E2%92%A0%92% B8all miketben1
Wed Aug 9, 2006 4:08 pm (PST)


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FROM: THE TORONTO STAR NEWSPAPER

_http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Articl
e_Type1&c=Article&cid=1155120845145&call_pageid=968332188492&col=968793972154_

(http://www.thestar.com/NASApp/cs/Con...l=968793972154
)

VIOLENCE FEARED
_Ontario To Appeal Caledonia Order_
(http://www.thestar.com/NASApp/cs/Con...0845145&call_p
ageid=968332188492&col=968793972154)

(http://www.thestar.com/NASApp/cs/Con...l=968793972154
)

Aug. 9, 2006. 06:41 PM
Ontario said today it will appeal a judge’s order to end negotiations in a
five-month long Indian standoff. Attorney General Michael Bryant said the
government will argue that the court has no jurisdiction to order an end to
negotiations aimed at resolving a land occupation in Caledonia.
_Photo Gallery: Court ruling aftermath_ (javascript: gallery_open(
'thestar', ' 1155047162524' );)
_Map of disputed area (.pdf)_
(http://www.thestar.com/static/PDF/06...edonia_map.pdf)
_Judge halts talks (Aug. 9)_
(http://www.thestar.com/NASApp/cs/Con...1&call_pageid=
968332188492&col=968793972154)
_Suspects sought (June 11)_
(http://www.thestar.com/NASApp/cs/Con...&call_pageid=9
68256289824&col=968342212737)
Ontario To Appeal Caledonia Order

But residents fear ‘all hell will break loose’ if occupation doesn’t end

Aug. 9, 2006. 06:41 PM
CANADIAN PRESS

Ontario launched a legal battle Wednesday to resume talks aimed at resolving
an aboriginal occupation that has bitterly divided a community and stoked
fears of bloodshed.
Negotiations between Six Nations protesters, the province, and the federal
government are “in the public interest” and are “the best way to resolve” the
dispute in the southwestern Ontario community of Caledonia, said Attorney
General Michael Bryant.
Those talks were derailed Tuesday when Ontario Superior Court Justice David
Marshall ordered all parties to halt negotiations until the aboriginals end
their almost six-month occupation.
On Wednesday, Bryant said the court had “no jurisdiction to order the parties
to cease negotiations” and launched an appeal.
Six Nations residents who have occupied the Douglas Creek Estates
construction site since February vowed to stay, regardless of legal rulings and
appeals.
The appeal is just “part of the Canadian” legal process, said aboriginal
spokeswoman Janie Jamieson.
In addition to continuing the occupation, the group will decide on Aug. 23
whether to re-erect highway barricades that previously divided the town and
sparked violent confrontations with non-aboriginal residents.
In the meantime, Jamieson said it is up to Caledonia residents to maintain
the peace.
Aboriginals and non-aboriginals clashed Tuesday night at the occupation site,
with some aboriginal protesters turning a fire hose on the other group. The
two sides were kept apart by a line of provincial police officers.
“There is a constant push from some (residents) to see bloodshed and they’re
going to keep on creating situations until it happens,” said Jamieson.
Despite the legal action, Bryant said the province will indeed halt
negotiations until the Ontario Court of Appeal either overturns Marshall’s ruling or
orders a stay pending appeal.
“The reasons for judgment do appear to be clear,” Bryant said.
“We will comply with that order until such time as the order is either
stayed, or suspended, or overturned.”
The appeal could take weeks, but the government is acting as ``expeditiously
as possible,” he added.
Federal Indian Affairs Minister Jim Prentice said the Harper government
supports the appeal, since it appears to be the best way to get back to the
negotiating table.
“In the absence of the parties being able to sit down, we can’t get on with
the challenging job of getting this resolved,” Prentice said, who added that
while progress is being made a “resolution is still a long way off.”
“This is one of the longest, oldest disputes in Canada in terms of land
claims,” said Prentice.
“It’s not going to be resolved overnight. It’s going to take goodwill, calm
and patience and that’s what we’re trying to bring to the negotiating table.”

Non-aboriginal residents also harboured fears Wednesday that the situation
could quickly deteriorate.
“If the occupation continues and those confrontations continue... sooner or
later, somebody is going to get hurt,” said Ken Hewitt of the Caledonia
Citizens’ Alliance.
“A lot of people are very angry and very frustrated.”
Haldimand Mayor Marie Trainer said residents are worried the protesters will,
once again, erect barricades on the town’s main street.
“All hell will break loose” if that happens, said Trainer.
“I’m afraid if it does escalate, there are hotheads on both sides and people
’s nerves are frayed and something bad could happen.”
Former Ontario premier David Peterson, who was appointed by the province to
begin negotiations in the dispute, said he worries Caledonia could become
another Ipperwash — a 1995 Ontario standoff which culminated in the shooting
death of an aboriginal protester.
“It’s been a very volatile and tender situation,” he said.
Peterson, who is no longer involved in the negotiations, said he couldn’t
understand how Marshall could “stop people from talking.”
Six Nations protesters have occupied the housing development since the end of
February, claiming it was wrongly taken from them by the Crown more than 200
years ago.
Lawyer Gary Graham said Marshall’s latest ruling was ``unprecedented.”
Still, anyone who disagreed with the order had little choice but to accept
it, or appeal it, said Graham.
“Anybody who wants to ignore the order of a judge is stepping down a pretty
slippery slope.”
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Old 08-11-2006, 03:32 PM   #3
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FROM: CBC NEWS ONLINE
_http://www.cbc.ca/canada/toronto/story/2006/08/09/caledonia-bryant.html_
(http://www.cbc.ca/canada/toronto/sto...ia-bryant.html)
Ontario To Appeal Judge's Order To Halt Caledonia Talks
Last Updated: Wednesday, August 9, 2006 | 3:01 PM ET
_CBC News_ (http://www.cbc.ca/news/credit.html)

Ontario has agreed to comply with a judge's ruling that all negotiations
cease on a land-claims dispute at a construction site near Caledonia, but plans
to fight the decision with an appeal.
In a news conference Wednesday, Attorney General Michael Bryant said his
office will be seeking a stay on Justice David Marshall's order Tuesday for all
parties to stop talks until the rule of order is restored.
"We will argue that the Superior Court did not have jurisdiction to put a
halt to the negotiations," said Bryant. "In the meantime, it is business as
usual. The police will continue to independently enforce the law."
A stay on the order could take days, or even weeks. Until a decision is
rendered on the stay request, the province has agreed to obey the judge's ruling.
Typically, an appeal could take up to six months.
Bryant's announcement comes a day after First Nations protesters erected a
new barricade at a housing construction site near Hamilton after Marshall
released his ruling.
Protesters and hundreds of Caledonia residents faced each other Tuesday
night in a tense standoff that was dispersed by police early Wednesday. There was
no violence, but both groups hurled insults at each other.
Judge's jurisdiction to be challenged
The original court injunction in March ordering protesters to leave the
construction site came at the request of then owner Henco Industries and is no
longer considered valid, since the province purchased the land for $12.3 million
in June.
However, in the latest in a series of court sessions, Marshall called for
the attorney general to assume responsibility for the prosecution of
contempt-of-court charges stemming from protesters failing to obey that injunction.
During the news conference, Bryant said the province will be advising the
court of appeal on the current situation, including information on the 26
people facing contempt charges.
Bryant said the province also plans to argue the rule of law has been upheld
by police who have acted independently to keep the peace in the area.
A spokesperson for Six Nations approved of the attorney general's decision to
appeal, saying it shows the government supports continuing negotiations.
Meanwhile, Ken Hewitt of the Caledonia Citizens Alliance, a group
representing Caledonia residents, said the move was expected, but called it a "blame
game," saying nothing is actually getting solved.
"It's frustrating because it does slow the process down," said Hewitt.
Ruling 'extraordinarily unhelpful'
Some worry tensions could boil over, resulting in further violence.
Former Ontario premier David Peterson, who is working as a provincial
negotiator in the dispute, said his greatest fear is that the situation escalates
into something similar to what happened in Oka, Que., or Ipperwash, Ont., two
native land-claims conflicts that resulted in death.
He called Marshall's ruling "extraordinarily unhelpful."
"This is very fragile and very complex and it doesn't need any more amateurs
trying to make this worse," Peterson said. "There's no one truth here,
there're many truths. All I know is we have to settle this before someone gets
hurt."
Peterson said the longer the conflict continues, the higher the chance that
it could explode into violence.

Related

Internal Links
_Caledonia land claim_
(http://www.cbc.ca/news/background/caledonia-landclaim/)
_Caledonia barricade back up after judge calls for talks to end_
(http://www.cbc.ca/canada/toronto/sto...arricades.html)
_Judge tells Ontario to end Caledonia dispute talks_
(http://www.cbc.ca/story/canada/natio...-decision.html)
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Old 08-11-2006, 03:41 PM   #4
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FROM: THE HAMILTON SPECTATOR NEWSPAPER
_http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/La
yout/Article_Type1&c=Article&cid=1155161415156&call_pageid=1020420665036&col=1
014656511815_
(http://www.hamiltonspectator.com/NAS...l_pageid=10204
20665036&col=1014656511815)
Negotiation Impasse: Natives, Residents Want Feds To Step In


Ted Brellisford, the Hamilton Spectator
Provincial police officers keep non-natives at a safe distance last night at
the Argyle Street Canadian Tire parking lot. The residents are just down the
street from the five-month-old native occupation.

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(http://ads.thestar.com/click.ng/site...l=news&positio
n=bigbox&HChannel=news) By John Burman
The Hamilton Spectator
(Aug 10, 2006)
Natives huddled near the edge of the Douglas Creek Estates last night
waiting uneasily for a repeat of events that unfolded Tuesday night.
Last night, however, Caledonia residents largely stayed away. Fewer than a
dozen police in riot gear stood watch on the shoulder of Argyle Street a
couple of hundred feet from the native occupied land while a similar number of
officers gathered in front of about 50 residents clustered in the Canadian Tire
parking lot nearby.
Natives were also joined behind their barricade last night by a half dozen
Local 1005 steelworkers.
The Ontario government says it wants negotiations in the five-month old
aboriginal land occupation in Caledonia to continue as it appeals a judge's order
to halt the talks until protesters leave the site.
Attorney General Michael Bryant halted the talks yesterday, in keeping with
Superior Court Justice David Marshall's order Tuesday.
But he said later he is considering seeking either a stay of the order
pending a hearing on the appeal or an expedited hearing because the appeal could
otherwise take months. A stay would allow the talks to go on.
Haldimand Mayor Marie Trainer says the province's actions do nothing for
residents strained to the breaking point.
Tension will remain high between natives and residents -- escalating the
potential for violence -- unless the natives leave the site, she said.
Native spokesman Clyde Powless is satisfied with the appeal announcement and
expected support.
"The province is ... shouldering the bulk of the responsibility that is not
theirs and it's time the federal government lightens their load and steps
up."
Ken Hewitt, of the Caledonia Citizens Alliance which has opposed the
occupation, said residents want the federal government to "step in and address
native claims on a national basis.
Federal Indian Affairs Minister Jim Prentice said Stephen Harper's
government supports the appeal.
[email protected]_ (mailto:[email protected])
905-526-2469
With files from Matt Kruchak and Barbara McKay,
The Hamilton Spectator
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Old 08-11-2006, 03:41 PM   #5
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yout/Article_Type1&c=Article&cid=1155161415219&call_pageid=
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20665036&col=1014656511815)
Woman Tackled By OPP


Paul Hourigan, the Hamilton Spectator
A native protester from Six Nations puts up a warrior flag at the front
entrance to the embattled Douglas Creek Estates in Caledonia.

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(http://ads.thestar.com/click.ng/site...&HChannel=news) Caledonia
resident thrown to ground taking down flag
By Matt Kruchak
The Hamilton Spectator
CALEDONIA (Aug 10, 2006)
Stacey Hauser says she was slammed to the ground by an OPP officer because
she was doing what was best for her community and country.
The resident of Caledonia was upset Tuesday evening after hearing that
native protesters were ignoring a judge's order that negotiations must stop until
natives obey an earlier order to leave the occupied Douglas Creek Estates
subdivision.
But what pushed her over the edge was seeing the image of a protester
desecrating a Canadian flag by cutting the maple leaf out the middle.
"That is the utmost disrespect," she said, standing in her back yard below a
clothes line where a red T-shirt from Caledonia's Canada Day celebrations
hung like a flag. In her front yard, there are real Canadian flags. One hangs
from her garage, two over her front steps and one from her car.
Her block looks like small town America. Eleven flags flapped yesterday,
except they aren't red, white and blue. Symbols of Canada, Ontario and the city
hang from telephone poles lining Argyle Street. A Union Jack and Canadian
flag hang in the back yard of a home facing the blockade.
For thousands of years, flags have marked territory. Like the residents of
Caledonia, the protesters have marked theirs too. About 30 Unity and original
Five Nations flags flap at the entrance to the subdivision. Hauser said she
was sick of seeing those. She was angry with the government and OPP for their
lack of action, so she and her husband decided to join hundreds of other
disgruntled residents at the blockade that evening.
OPP officers stood between them and three flags erected by protesters.
During the evening, she and other residents tried to loosen the knots of a native
Unity flag.
Natives hooked up a fire hose to a hydrant close to the entrance to the
subdivision and started spraying the crowd. The police moved their positions and
Hauser said she leaped for the chance for payback. She got the flag down and
threw it to the ground. It was retribution, symbolism, she said.
"In the course of doing that, I saw somebody out of the corner of my eye and
that next thing I knew I was on the ground," she said. "My purse was one
way, I was another way."
She tried to get up and find her glasses that flew off her face and was
tackled again, she said, adding that her husband, Mark, tried to come to her aid
and was punched in the face.
She was handcuffed and taken to an OPP satellite station in Caledonia. She
said she was searched, handcuffed, put in a police van and later driven to
Cayuga in an OPP SUV. She was later released on the promise she wouldn't return
to the scene. She wasn't arrested but is awaiting a summons and expects to be
charged with mischief.
"It was a flag and they treated me like I stood there pointing a gun at
people," she said. "An older man, a Second World War veteran, was attacked Sunday
night, the police didn't do anything but they attacked me for taking down a
flag."
Clyde Powless, a Six Nations spokesperson, said the residents are doing this
for a reaction and the natives are not going to react.
"What level are they at? Their mental capability is adolescent," he said,
standing behind the blockade. Moments earlier, a truck drove by and a women
yelled a racial slur towards him. His reaction? He smiled and shrugged his
shoulders.
He doesn't agree with the desecration of the Canadian flag but he doesn't
respect it.
"It represents mistrust, lies and deceit. That's what it means to natives."
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FROM: THE HAMILTON SPECTATOR NEWSPAPER
_http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/La
yout/Article_Type1&c=Article&cid=1155161415225&call_pageid=1020420665036&col=1
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Negotiations At Impasse

(http://ads.thestar.com/event.ng/Type...0,72,84,90,100,
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) Residents want feds to step in
By John Burman
The Hamilton Spectator
(Aug 10, 2006)
The Ontario government wants negotiations in the five-month old aboriginal
land occupation in Caledonia to continue as it appeals a judge's order to halt
the talks until protesters leave the site.
Attorney General Michael Bryant halted the talks yesterday, in keeping with
Superior Court Justice David Marshall's order Tuesday.
But he said later he is considering seeking either a stay of the order
pending a hearing on the appeal or an expedited hearing because the appeal could
otherwise take months.
A stay would allow the talks to go on.
Haldimand Mayor Marie Trainer says the province's actions do nothing for
residents strained to the breaking point.
Tension will remain high between natives and residents -- escalating the
potential for violence -- unless the natives leave the site, she said.
Trainer said having talks without protesters leaving the land is "would be
fine if this were peaceful but it is not."
"People support the talks. They want a solution just as much as those at the
site. But the violence, confrontations, ATVs roaring around at night and
intimidation has to stop.
"Then the talks can go on. We want the talks but not this way."
Native spokesman Clyde Powless is satisfied with the appeal announcement and
expected support.
"The province is stepping up and they have been stepping up," he said.
"They're shouldering the bulk of the responsibility that is not theirs and
it's time the federal government lightens their load and steps up."
Ken Hewitt, of the Caledonia Citizens Alliance which has opposed the
occupation, said residents want the federal government to "step in and address
native claims on a national basis, set forth a timetable that's reasonable and
attainable and then demand that they get off the land so they can address those
issues.
"As long as there's the occupation, there's a possibility for people to get
chest to chest, to be able to hurl racial slurs back and forth. The
opportunity for violence to occur exists."
Federal Indian Affairs Minister Jim Prentice said Stephen Harper's
government supports the appeal, since it appears to be the best way to get back to the
negotiating table.
"In the absence of the parties being able to sit down, we can't get on with
the challenging job of getting this resolved," Prentice said.
He added that while progress is being made, a "resolution is still a long
way off."
"This is one of the longest, oldest disputes in Canada in terms of land
claims," he said. "It's not going to be resolved overnight. It's going to take
goodwill, calm and patience and that's what we're trying to bring to the
negotiating table."
[email protected]_ (mailto:[email protected])
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With files from Matt Kruchak, The Hamilton Spectator
and Spectator wire services
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Old 08-11-2006, 03:42 PM   #7
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FROM: THE BRANTFORD EXPOSITOR NEWSPAPER

_http://www.brantfordexpositor.ca/webapp/sitepages/content.asp?contentid=14740
8&catname=Local+News&classif=News+%2D+Local_
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+-+Local)

Caledonia Residents Fear Land Dispute Will Get Worse

By Cheryl Bauslaugh, expositor staff
Local News - Thursday, August 10, 2006 @ 01:00

The ongoing occupation of a Caledonia housing development site is hindering
talks aimed at resolving a native land claim and increasing the likelihood of
violent clashes between native protesters and town residents.

We really believe that as long as theres an occupation there, the potential
for conflict will continue, said Ken Hewitt, of the Caledonia Citizens
Alliance.

Negotiations between representatives of Six Nations and the provincial and
federal governments were halted by a judges order Tuesday. The province
announced Wednesday it will appeal the ruling by Superior Court Justice David
Marshall. But talks are off until the Ontario Court of Appeal settles the issue,
which could take weeks.

Hewitt worries that a prolonged standoff will end up in someone getting
hurt.

There is frustration on both sides, he said Wednesday.

Sooner or later, someones going to throw a rock the wrong way and somethings
going to happen. Thats our fear.

Haldimand Mayor Marie Trainer worried that all hell would break loose
Tuesday night, during a confrontation in front of the protest site that resulted in
minor injuries to several people, including police officers.

But the possibility is there, she said Wednesday, noting that residents
whose yards back onto the site are being harassed by natives who throw stones and
shine spotlights into their windows.

Theres supposed to be a 100-foot no-go zone, she said. Thats being
compromised.

Native spokeswoman Janie Jamieson insisted Wednesday that confrontations
have been in response to advances made by non-natives.

I really believe that if misguided, frustrated people continue to target us,
something will happen, she said. Its inevitable.

Jamieson said an incident Tuesday night, in which she was assaulted by a
drunken man during a press conference, could have escalated out of control.

I didnt want that to happen, she said.

The man backed off after she walked towards a police officer but an attempt
to have charges laid fell on deaf ears.

Theres definitely a two-tier justice system, she said, noting that 28
natives have been charged since the dispute started in February.

Both Hewitt and Trainer want protesters to voluntarily leave the site, so
that a negotiated settlement can proceed.

We need to get back to the table ... but that cant happen until the site is
cleared, Trainer said.

Although the land is now owned by the province, Hewitt feels its up to the
federal government to resolve the impasse.

Were hoping that the federal government can establish a working amount of
trust and recognize the claims they have not just Douglas Creek but across the
country.

Then they can say, this is all going to happen but you have to come off the
land.

Jamieson said that level of trust doesnt exist at this point.

There is no trust. Theyve never done anything to build that trust.

Hewitt said hes sympathetic to the land claim issue but the occupation has
to end.

I dont blame them (native protesters) for the extent theyve had to take
their protest, he said. However, were at the point now where the people of
Caledonia are saying, enoughs enough.

How long can we expect people to endure this situation?
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Old 08-11-2006, 03:42 PM   #8
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FROM: THE TORONTO STAR NEWSPAPER

_http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Articl
e_Type1&c=Article&cid=1155161414048&call_pageid=968332188492&col=968793972154&
t=TS_Home_
(http://www.thestar.com/NASApp/cs/Con...2188492&col=96
8793972154&t=TS_Home)

Ruling Makes Strange Bedfellows

Aug. 10, 2006. 06:53 AM
_IAN URQUHART_
(http://www.thestar.com/NASApp/cs/Con...d=969907623279)

Misery seeks company. So in the wake of a court ruling that seemed to turn
the Ontario government's Caledonia policy upside down, Premier Dalton McGuinty
called Prime Minister Stephen Harper on Tuesday evening.
The two political leaders have a frosty relationship, but sources say they
had a "friendly" 30-minute telephone conversation. Besides Harper and
McGuinty, joining in were Jim Prentice, federal minister of Indian affairs, and
"senior officials" from both sides.
They discussed the ruling by Justice David Marshall, who suspended ongoing
land-claims negotiations between the governments and members of the Six
Nations reserve until native protestors have abandoned their occupation of a
Caledonia development site.
The upshot of the phone call was that the Ontario government would appeal
the ruling and seek to restart the land-claim negotiations, and the federal
government would support the province's move.
Yesterday afternoon, this decision was made public, first at a news
conference called by provincial Attorney General Michael Bryant at Queen's Park.
"Prime Minister Harper and the premier are entirely of one mind that the best
place for the parties to be is at the negotiating table," Bryant said.
As if on cue, Prentice echoed Bryant's remarks immediately after the news
conference in an appearance on CBC Newsworld.
"We're supportive of the steps to get back to the negotiating table,"
Prentice said. "We're making progress and would like to carry on."
Such public support for Ontario's stand represents a shift for Ottawa, which
heretofore has attempted to distance itself from the Caledonia mess and to
suggest it is a "provincial" matter (even though the Constitution clearly
states that aboriginal issues are a federal concern).
The only disappointment for the province yesterday was that the federal
government declined to be a direct party to the appeal. Prentice said that Ottawa
had just been "a friend of the court" in the initial proceeding before
Marshall and, therefore, was not in a position to join the appeal.
For the record, senior Ontario officials say that this legal interpretation
is arrant nonsense.
But overall the message of support from Conservative Ottawa was music to the
ears of Liberal Queen's Park.
And it clashed badly with the words uttered by provincial Conservative
Leader John Tory, the man Harper provocatively described at a fundraising event
last spring as "the next premier of Ontario."
In response to Marshall's ruling on Tuesday, Tory adopted a hardline stance.

"The rule of law must prevail in Caledonia," Tory said, adding that McGuinty
should obey the court order and abandon the land-claims talks until the
occupation has ended.
Tory was asked whether the police should be sent in if the native protestors
refused to leave. He ducked the question, but that is the logical conclusion
one can draw from his rant against McGuinty's "shameful" refusal to
intervene in Caledonia.
The right-wing media were not so reluctant to draw this conclusion. In an
editorial yesterday entitled "Send in the police," the National Post called on
McGuinty to "muster the police resources needed to enforce (Marshall's) order
and then to dispatch those officers to Caledonia."
Such a shoot-first mentality might appeal to the macho journalists at the
Post and elsewhere, not to mention Tory's Harrisite backbenchers. But it would
also likely result in serious injuries or even deaths, copycat protests
across the province and nation, and a black eye for Canada around the world.
It also ignores the progress that has already been made in Caledonia,
including the removal of barricades across public roads, the acquisition of the
land in dispute by the province, and the resumption of land-claims talks with
senior representatives at the table from both governments.
Accordingly, the Ontario government is right to appeal Marshall's ruling,
enforcement of which would roll back the progress of recent months and further
destabilize an already volatile situation.
The appeal will buy the government time.
And Ottawa's support for the move will provide the government with political
cover.
Whether the cover is sufficient is debatable. Tory clearly feels he has
tapped into a winning issue here with his law-and-order stance. He has been to
Caledonia five times already and frequently issues press releases describing the
McGuinty government as "missing in action" on the issue.
Asked yesterday whether Harper's support for McGuinty has left him alone on
Caledonia, Tory responded: "If I'm politically isolated, then so be it."
That is spoken like a man who believes he has public opinion, if not common
sense, on his side.
_Additional articles by Ian Urquhart_
(http://www.thestar.com/NASApp/cs/Con...mnist&colid=96
9907623279)
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Old 08-11-2006, 03:43 PM   #9
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FROM: THE TORONTO STAR NEWSPAPER

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e_Type1&c=Article&cid=1155161414003&call_pageid=968256289824&col=968342212737_

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)

Not Your Average Judge

Justice Marshall has been doctor, pilot

Ontario to appeal his Caledonia ruling

Aug. 10, 2006. 01:00 AM
NASREEN GULAMHUSEIN
STAFF REPORTER

The Superior Court judge at the heart of the Caledonia land dispute is
better known for his work outside court than inside.
This week, the spotlight was on Justice David Marshall after he issued an
unusual decision in the dispute, ordering the federal and provincial governments
to stop negotiating with Six Nations representatives over their land claim
until protestors vacate the land in question.
Ontario vowed yesterday to appeal the ruling.
"I've never heard of a judge ruling for people to stop negotiating," said
lawyer Louis Sokolov, who had a recent case before Marshall. "I find this very
bizarre."
In the past five years, nine of Marshall's cases have come before the
Ontario Court of Appeal. His decisions have been upheld six times, but in three
other cases the court found he committed legal errors that justified reversing
the verdicts.
Whatever his record, Marshall's path to the bench has been anything but
typical.
The 66-year-old judge holds two degrees — one in medicine and one in law —
both earned in the mid-1960s and early 1970s. He ran both a legal practice and
a medical practice in Cayuga between 1964 and 1982. In 1983, he left when he
was appointed to the Supreme Court in the Northwest Territories and the
Yukon.
In his spare time, Marshall was a pilot, a law professor, a graduate of the
Canadian Forces Staff College and the head of numerous volunteer
organizations, including the Haldimand Association of the Mentally Handicapped.
In 2004, Ontario's top court quashed five sexual-assault convictions and a
long-term offender designation ordered by Marshall. A unanimous court said he
had made serious errors, including allowing the jury to hear prejudicial
evidence.
Another controversial case, in April 2005, involved an aboriginal man who
sued police after being wrongly convicted for a series of armed robberies in
Hamilton. When Jason George Hill sued police for malicious prosecution and
negligent investigation, Marshall dismissed both actions.
According to Sokolov, a large point of contention was that Marshall "did not
have a problem with" eyewitnesses being shown 12 photos — of 11 white men
and one native — from which to choose a suspect.
"We argued against this for obvious reasons," said Sokolov, Hill's lawyer.
"That the aboriginal person would stand out."
Marshall's decision was upheld in a 3-2 ruling, but the judges in the
minority criticized him for failing to provide adequate reasons for his decision.
Earlier this year in a Cayuga court, native protestors asked Marshall to
remove himself from the Caledonia case because he owns properties in the
Haldimand Tract, which is part of the land-claims dispute.
But Marshall said he wasn't in a conflict of interest, noting that many
other judges own land covered by the massive claim.
Many of his involvements include native ties. In the 1990s, Marshall was
named honorary chief of Iroquois Six Nations. In 2003, he wrote his seventh
book, The History of Haldimand County.
His father, a medical missionary, had planned in the 1930s to work at
missions in China and India, Marshall recalled in an interview with the Hamilton
Spectator early this year.
"But it was the depths of the Depression and they couldn't afford to send
him," he said.
Now Marshall, who plans to work as a judge until he's 75, hopes to fulfill
his father's legacy by helping the poor in South America.
"It's something I've always wanted to do," he said. "I enjoy being able to
help people."
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FROM: THE GLOBE AND MAIL NEWSPAPER
_http://www.theglobeandmail.com/servlet/story/LAC.20060810.IBBITSON10/TPStory/
TPNational/Ontario/_
(http://www.theglobeandmail.com/servl...ional/Ontario/)
THE CALEDONIA STANDOFF
There Is The Principled Rule Of Law, And Then There Is Reality

JOHN IBBITSON
* _E-mail John Ibbitson_ (mailto:[email protected])
* | _Read Bio_
(http://www.theglobeandmail.com/opini...bitsonBio.html)
* | _Latest Columns_
(http://www.theglobeandmail.com/opini...+Ibbitson.html)

Let's not let people get killed because of some judge.
Ontario Attorney-General Michael Bryant has decided to appeal the latest
contempt-of-court ruling by Mr. Justice T. David Marshall that orders the
eviction of native protesters from the disputed Caledonia lands and an end to all
negotiations until the site has been cleared.
The Superior Court judge's ruling is incendiary and dangerous, and we can
only hope that it is swiftly overturned at the Ontario Court of Appeal.
No one lightly disregards preservation of the rule of law. It is, as Judge
Marshall said, "the pre-eminent condition of freedom and peace in a democratic
society." He was right as well to say that "even a small tear in the cloth of
our justice system spoils the whole fabric of society."
So the judge gets full marks for standing up for principle. But there is
principle, and there is reality.
In Caledonia, militant natives have seized land to protest against what they
see as the unwillingness of the federal government to settle their land
claim. They have already demonstrated a propensity for violence. People close to
the scene are absolutely convinced that, if the Ontario Provincial Police try
to disperse the occupation, people will be killed or seriously hurt.
That would hardly be unprecedented. Similar attempts in the past have led to
deaths at Oka and Ipperwash.
Now, there is every reason for a public debate on whether Ottawa and the
Ontario government should confront the Mohawk Warriors and their allies, to
reassert the rule of law and the monopoly of the state on the legitimate use of
force. But today is not the day, and Caledonia is not the place.
If the provincial government, which has immediate responsibility for managing
the crisis, decides to go in and bust some heads in Caledonia, then it would
be wrong to ask the OPP to wield the truncheons. The occupiers are
entrenched and determined. The police officers would be put at serious risk.
If Caledonia is an insurrection, then the army is the proper instrument to
suppress it. Since the Ontario government has no authority to call in the
troops, Ottawa would have to take over.
So enforcing Judge Marshall's court order could involve the federal
government's deploying troops to end the occupation and arrest the protesters,
knowing in advance that people could well be killed. Judge Marshall knows this.
That's why his ruling speaks to the importance of "the avoidance of violence if
this is possible."
It is possible to avoid violence. That is why federal, provincial and native
negotiators have been at work on crafting a settlement. The principal
negotiators are on an August break, but four side tables are continuing their work.
At least, they were. Judge Marshall has decided that the negotiations
violate the sanctity of his rulings. He has ordered the talks suspended until the
protesters have been dispersed.
How wrong-headed is that: ordering governments not to seek a negotiated
settlement to a tense situation until after the state has employed violence?
Indian Affairs Minister Jim Prentice has vowed to streamline the land-claims
process. If he succeeds, many of the fault lines between natives and the rest
of Canadian society could gradually be erased.
And we do need some honest talk about whether and how federal and provincial
governments should confront native activists who do not accept the legitimacy
of the legal system under which the rest of us live. Is it time for the
forces of law and order to take a stand? Should they take it even if violence
escalates across the country? Is it worth lives?
But, in Caledonia today, men and women of goodwill on both sides are trying
to craft a peaceful solution to a stalemate that has afflicted the community
for months.
One judge has forbidden further talk, and ordered force. We can only hope a
higher court stays his hand.
[email protected]_ (mailto:[email protected])
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FROM: THE GLOBE AND MAIL NEWSPAPER
_http://www.theglobeandmail.com/servlet/story/LAC.20060810.ECALEDON10/TPStory/
TPComment/Ontario/_
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Judge Marshall And The Rule Of Law

Somewhat like the boy who told the emperor he had no clothes, Mr. Justice
David T. Marshall of Ontario Superior Court is insisting that the rule of law
trumps all other considerations at an illegal native protest, now five months
old, in southern Ontario. For that reason, he says, the Ontario government
should cease its land-claims negotiation until the protesters leave the site.
Observers may wonder whether he suffers from the same naiveté as the boy.
Doesn't he realize that Canada is a complicated and messy place? That Canadians
prefer talk to confrontation? That after deaths at Oka and Ipperwash, native
standoffs are too dangerous for blundering purists? Doesn't politics, or at
least realpolitik, trump law?
But Judge Marshall, like the boy in the fable, hit on the fundamental, if
inconvenient, truth of the situation. The Rule of Law -- he always renders it in
capitals, purist that he is -- has been flouted. Not for a day or a month
but for several months, with the prospect of some years more to follow. He gave
orders as long ago as March that the protesters leave, and issued a criminal
contempt-of-court finding when they stayed. And no one has done anything to
enforce his orders.
But of what value is such an order now, asks the Ontario government, which
said yesterday that it will appeal Judge Marshall's latest ruling. Ontario has
bought the land in question from a private developer, put it in trust and
begun land-claims talks with the aggrieved natives. It is not terribly troubled
by the occupation. And, at least for the moment, public roads in Caledonia
are not blockaded.
Clearly, it would be so much easier to ignore the judicial order and the
criminal contempt. But the law is clear, says Judge Marshall. A criminal
contempt finding cannot be wished away, or rendered moot when the land in question
is sold. The court's order needs to be enforced, or anarchy will prevail.
This is the crux of the situation. Judges command no armies or private police
forces. They have no independent means of enforcing their rulings. All they
have is the tradition in which the police and prosecutors try to carry out
the rulings of an independent judiciary. The tradition is rooted in respect for
the rule of law, which Judge Marshall describes as "the pre-eminent
condition of freedom and peace in a democratic society." It is "the rule that every
citizen from the prime minister to the poorest of our people is equally
subject to and must obey the law."
Idealistic? It's hard to imagine a good judge who is not a purist or idealist
on the rule of law. But Judge Marshall, formerly the head of the National
Judicial Institute, which provides education programs to federally appointed
judges, is hardly naive. He is aware of the potential for violence. Nowhere in
his judgment does he order the police to use all necessary force. Nowhere
does he set a deadline for a resolution.
What he does say is that he is obliged to act with "great care"; similarly,
the police and Attorney-General (whom he has asked to carry out his orders and
report back to him) need to use the "due exercise of proper discretion." He
also says the government "should" -- not must -- cease its land-claims
negotiation with the native group until the barricades have come down and the rule
of law has been restored. It's not without risk, but the judge's approach is
hardly reckless.
No doubt, the situation at Caledonia is explosive. But the edifice of
Canadian law crumbles when judicial rulings are ignored. Where would this country
be without a neutral form of dispute resolution? Isn't that what most of the
world lacks?
If the police and Crown have bought some time in Caledonia, they may also be
creating the conditions for vigilantism. If natives can break the law with
impunity, can whites? If this law, why not others? If aggrieved natives can
ignore court rulings in Caledonia, can they do so all across the country? And
what about aggrieved labour unions, environmentalists or animal activists?
Passionate in defence of the rule of law, Judge Marshall has stepped onto a
lonely limb. Lonely, but it's a good, strong limb that has stood the test of
time.
__________________
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