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Old 03-19-2006, 05:31 AM   #1
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Natives Given Deadline To Leave Occupied Building Site

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FROM: THE HAMILTON SPECTATOR NEWSPAPER

_http://www.hamiltonspectator.com/breaking%20news/breaking%20news_5585144.html
_
(http://www.hamiltonspectator.com/bre...s_5585144.html)

Friday, March 17, 2006 | Updated at 9:24 PM EST

Natives Given Deadline To Leave Occupied Building Site
Judge gives natives every chance to settle dispute peacefully
By PAUL LEGALL


CAYUGA Native protesters have until 2 p.m. Wednesday to leave a Caledonia
building site before facing a possible 30-day sentence for contempt of court.
But in handing down the deadline yesterday, Ontario Superior Court Justice
David Marshall gave the activists every opportunity to settle the dispute
peacefully without going to jail.
"You won't be arrested unless you want to," Marshall told 31-year-old Dawn
Smith as she stood before him holding a sacred eagle feather.
Smith is among a core group of Six Nations protesters who have been occupying
Douglas Creek Estates since Feb. 2.
Calling the action a "land proclamation," protesters say the subdivision --
which has 10 houses in various stages of construction -- is on land that was
stolen from Six Nations and still belongs to them.
Two weeks ago, developer Don Henning, of Henco Industries, obtained an
injunction ordering the protesters off the site, which the natives have ignored.
Yesterday Marshall took steps to enforce the injunction by ruling that
anybody occupying the site could be arrested for criminal and civil contempt of
court.
But during his exchanges with Smith, Marshall made it clear the last thing he
wanted to do was send protesters to jail or saddle them with criminal
records for their beliefs.
"I accept you believe in your heart you've been unfairly treated," he told
Smith.
Later, when he explained how the contempt arrests would be handled, he told
the protesters they'd be given three opportunities to avoid jail.
"First of all, you have five days to consider your position, as to what you
might do," he said.
On Wednesday afternoon, when police come in to enforce the order, he added,
the protesters will be given the opportunity to leave the site without being
charged.
And if they refuse to leave and are charged for contempt, they'll be brought
to the police station, photographed, fingerprinted and immediately released
on a six-month suspended sentence. During that period, they have to keep the
peace and stay off the site.
If they abide by those conditions, they'll avoid jail and criminal records.
If they breach the conditions, however, they'll be brought back before the
court and get a month in jail.
"You've been given three opportunities," Marshall repeated. "It's three times
and out if you don't respect the order."
A day earlier, Smith had stormed our of the courtroom after Marshall refused
to recuse himself from the case. Smith argued he had a conflict of interest
and should step down because he owns property on the Grand River within the
950,000 acre Haldimand tract which was donated to the Six Nations in 1784.
The protesters claim they still own all the property within the tract along
the Grand River, which includes Douglas Creek Estates, and that it was never
transferred to non natives.
Smith made another impassioned plea yesterday to convince the judge that the
case had broader issues involving native land rights.
She argued the Six Nations were allies of the British Crown and any land
issues would have to be settled on a nation-to-nation basis with the federal
government.
If the protesters submitted to the local courts, she suggested, they'd be
become subjects and lose their special relationship as allies of the Crown.
"We cannot do this," she told the judge. "Should we do this we'd be
assimilated into the Canadian process."
She stressed the occupation of the building site wasn't done on the "spur of
the moment.
"It involved a lot of thought and planning; a lot of collective intelligence
among people I respect very much," she said.
A former doctor, who had numerous natives among his patients, Marshall made
an impassioned plea of his own to the Six Nations people for a peaceful
resolution to the 21/2-week impasse. He also has an honorary native name that was
conferred upon him by Mohawk clan mother Sylvia Sandy.
"It takes courage to turn and walk away," he said speaking directly to a
large group of natives in the gallery. "This court is asking the clan mothers,
the chiefs and the Mohawks to turn and walk away," he said.
But that seemed to be the last thing some of the protesters seemed prepared
to do after they heard about the March 22 deadline.
Janie Jamieson, who has been at the site since the beginning, said there's
too much at stake to walk away.
"The whole issue of jurisdiction hasn't been resolved yet."
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Old 03-23-2006, 02:30 PM   #2
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FROM: THE HAMILTON SPECTATOR NEWSPAPER

_http://www.hamiltonspectator.com/breaking%20news/breaking%20news_2618011.html
_
(http://www.hamiltonspectator.com/bre...s_2618011.html)

Wednesday, March 22, 2006 | Updated at 3:00 PM EST

Hundreds Link Arms To Await Police At Protest Site
Clan mothers appeal to police for non-violence
Paul Legall


CALEDONIA --Hundreds of women including four clan mothers have locked arms to
form an impenetrable wall at the entrance of the Douglas Creek Estates
building site waiting for police.
The human barrier was pulled together in anticipation the arrival of police
to enforce the 2 p.m. court eviction deadline.
Forty-five minutes after the deadline there was no movement from police
expected to enforce the injunction.
The presence of the clan mothers among the protesters is significant in view
of a press release they issued early today appealing to police to conduct
themselves in a peaceful, non-violent way.
The statement said: "Therefore, we the clan mothers, by authority under (the
Great Law) command agents, representatives and officers of the said British
Corporations to be at peace and refrain from any acts of violence,to spill
blood or interfere with the rights of the Onkw'hon:we."
As the deadline approached, about 200 protesters gathered on the building
site and dozens more were watching the situation from vehicles parked up and
down both sides of Argyle Street and a church parking lot nearby. Many passing
cars would not find a place to park.
A helicopter had been circling overhead for more than an hour in anticipation
of a showdown between police and protesters who have been occupying the site
since Feb. 28.
More than half an hour passed after the deadline and police still haven't
moved up to the site.
The OPP had amassed vehicles including vans at the Seneca public school about
eight kilometres from the site on Unity Road off Highway 6 north of the
site.
At the site, two new and gold 'Unity' flags fly alongside a Six Nations
banner that's been in place for a week.
The red flag, which features a sun and spiked rays features a profile of a
native Mohawk in the centre, has been associated with the Warriors Society and
Oka occupation 16 years ago.
It is considered a call for support
Janie Jamieson, 31, a spokesperson for the protesters, said it is the media
that refers to the flag as belonging to the Warriors.
She said it is really a call for unity and precedes the Oka operation. Asked
if there were any Warriors in their ranks she replied "We are all warriors."
There are about two dozen protesters at the site and at least one or two with
their faces covered by balaclavas.
Jamieson, spokesperson for the protesters, said those occupying the site are
not armed and the occupation will continue to be peaceful.
"We have not faltered, we are still here for the same reasons."
Those who don't leave face a 30-day sentence for contempt of court.
Ontario Superior Court Justice David Marshall said when he issued the
deadline last week that only those who want to be arrested will be.
A group of Six Nations protesters have been occupying Douglas Creek Estates
since Feb. 28.
The native people, who call it a "land proclamation," say the subdivision --
which has 10 houses in various stages of construction -- is on land that was
stolen from Six Nations and still belongs to them.
Two weeks ago, developer Don Henning, of Henco Industries, obtained an
injunction ordering the protesters off the site, which the natives have ignored.
Marshall has set the deadline for 2 p.m. today. When police arrive to enforce
the order Marshall said the protesters will be given the opportunity to
leave without being charged. If they refuse to leave and are charged for
contempt, they'll be brought to the police station, photographed, fingerprinted and
immediately released on a six-month suspended sentence. During that period,
they have to keep the peace and stay off the site.
Jamieson has replaced Dawn Smith, 31, as the spokesperson for protesters.
In a telephone interview Smith said she has been asked to step down by the
clan mothers, who wield the most power in matters involving the Six Nations
Confederacy.
Jamieson said the clan mothers felt Smith should step aside and find her
personal path in life. This does not preclude Smith participating in the
protest, Jamieson said.
[email protected]
905-526-3385
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Old 03-23-2006, 02:34 PM   #3
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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=1142981413028&call_pageid=1020420665036&col=1
014656511815_
(http://www.hamiltonspectator.com/NAS...l_pageid=10204
20665036&col=1014656511815)
Native Protesters Must Leave Land Today

(http://ads.thestar.com/event.ng/Type...100,110,150,20
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ID,12698so11vfrec&Redirect=http://www.hamiltonspectator.com)
(http://ads.thestar.com/click.ng/site...edesc=windowad)

The Hamilton Spectator
(Mar 22, 2006)
The court-imposed deadline for natives to leave a construction site in
Caledonia is today at 2 p.m.
Those who don't leave face a 30-day sentence for contempt of court.
Ontario Superior Court Justice David Marshall said when he issued the
deadline last week that only those who want to be arrested will be.
A group of Six Nations protesters has been occupying Douglas Creek Estates
since Feb. 2.
The native people, who call the action a "land proclamation," say the
subdivision, which has 10 partly built houses, is on land that was stolen from Six
Nations and still belongs to them. They claim it is part of the 1784
Haldimand land grant to Six Nations.
Two weeks ago, developer Don Henning, of Henco Industries, obtained an
injunction ordering the protesters off the site.
When police arrive to enforce the order, Marshall said the protesters will
be given the opportunity to leave.
If they refuse to leave and are charged for contempt, they'll be brought to
the police station, photographed, fingerprinted and immediately released on a
six-month suspended sentence. During that period, they have to keep the
peace and stay off the site.
If they abide by those conditions, they'll avoid jail and criminal records.
If they breach the conditions, however, they'll be brought back before the
court and get a month in jail.
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Old 03-23-2006, 02:36 PM   #4
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FROM: CBC NEWS ONLINE
_http://www.cbc.ca/story/canada/national/2006/03/22/native-protest060322.html_

(http://www.cbc.ca/story/canada/natio...est060322.html)
Native Occupiers Stay At Ontario Site As Deadline Passes
Last Updated Wed, 22 Mar 2006 1542 EST
_CBC News_ (http://www.cbc.ca/news/credit.html)

A court-imposed deadline has passed without arrests as native protesters
continue to occupy a construction site near Caledonia, Ont.
* INDEPTH: _Aboriginal Canadians_
(http://www.cbc.ca/news/background/aboriginals/)

Native protest near Caledonia, Ont.
Ontario Provincial Police told reserve officials Tuesday night they didn't
plan any arrests on Wednesday, despite a 2 p.m. deadline set by a judge last
week for the protesters to leave. The police planned to monitor the situation.
The protesters, from the Six Nations of the Grand River Territory reserve
near Brantford, have been occupying the area since Feb. 28. They say a new
subdivision is being built on land that belongs to them.
"We would like to see a stop put to the development at this point, a
moratorium of sorts," Sandra Muse, the editor of a reserve newspaper, told CBC News
on Wednesday morning.
"And [we] want meaningful negotiations to begin with the Department of Indian
Affairs, who up to this point have pretty much ignored this situation and
said that it's simply a local issue."
The developer, Henco Industries, won an injunction ordering the protesters
off the Douglas Creek Estates site two weeks ago, but they have ignored it.
Last Thursday, Ontario Superior Court Justice David Marshall gave them until
2 p.m. EST Wednesday to leave the site.
If they ignore the order, the judge said the protesters could be arrested on
contempt of court charges and jailed for 30 days.
The protesters are arguing that a 380,000-hectare tract of land along the
region's Grand River was granted to the Six Nations in 1784 and was never
officially transferred to non-natives.
Six Nations filed a land claims suit in 1999 over the area, known as the
Haldimand Tract.
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Old 03-23-2006, 02:37 PM   #5
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FROM: THE TORONTO STAR NEWSPAPER - BREAKING NEWS SECTION

_http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Articl
e_Type1&c=Article&pubid=968163964505&cid=1143025464314&col=968705899037&call_p
age=TS_News&call_pageid=968332188492&call_pagepath=News/News_
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e&pubid=968163964505&cid=1143025464314&col=968705899037&call_page=TS_News&call
_pageid=968332188492&call_pagepath=News/News)

Native Protesters Vow To Stand Their Ground

Mar. 22, 2006. 06:33 PM
CANADIAN PRESS

CALEDONIA — Native protesters occupying a southern Ontario construction site
vowed to stand their ground today as a court-imposed deadline to vacate the
proposed subdivision passed without police intervention.
Six Nations members from a nearby reserve, claiming the land was stolen from
them by the Canadian government some 200 years ago, have been camped out at
the site entrance since Feb. 28.
The Wednesday afternoon deadline passed without immediate police action, but
protester Janie Jamieson wasn’t declaring victory.
“If you go by history, they come in in the evening, not in broad daylight,
but when there’s no media, no reporters,” said Jamieson.
“We’ve been here for 22 days now anyways. . . So it’s just a wait and see
kind of thing.”
Last week, an Ontario Superior Court judge ruled the occupiers had until 2
p.m. today to leave before facing contempt of court charges.
The developer, Henco Industries, had obtained an injunction to remove the
occupiers two weeks earlier from the Douglas Creek Estates, located on the
outskirts of Caledonia, about 25 kilometres southwest of Hamilton, which the
protesters have refused to obey.
Ontario Provincial Police said police were bound to follow the legal ruling.
“The OPP respects the order of the court,” said Const. Paula Wright. “We’re
legally bound to obey the court order so we shall undertake our
responsibilities in the safest manner possible.”
“This is a complex issue and the safety of all those involved is paramount.
Our goal is a peaceful resolution.”
About 400 protesters, some clad in camouflage, gathered on the site as today’
s deadline came and went, but the numbers had dwindled to around 50 by early
evening.
The protesters had laid out several cords of wood and had a bonfire going to
keep warm.
A lone police cruiser was stationed down the road from the protest.
A camper, several tents, and a large shelter marked the entrance to the
planned subdivision where at least 10 homes have already been either partially or
fully built. Placards reading “this country needs a true history lesson” and
“the acts of terrorism on natives stop now Canada” dotted the site.
A Canadian flag was flown upside down on a makeshift pole.
“It is our territory,” said Jamieson. “Just because it has passed title
illegally throughout the years doesn’t mean that it isn’t ours.”
The protest has attracted a dozen native “warriors” from New York State
anxious to protect aboriginal land rights, said one man who identified himself
only as Sahtekaientes.
“There’s more coming,” said Sahtekaientes, 40, who lives on a U.S. reserve
across from Cornwall.
“We know exactly what your government is all about. We’ve been through this
before.”
Federal officials have said they have no plans to intervene in the
occupation.
A government spokeswoman said the development is part of a land claims suit
filed in 1995 that involves continuing negotiations between the Crown and Six
Nations.
On Friday, Justice David Marshall told the protesters they could avoid
charges if they leave the site when police come to enforce the court order.
Failure to do so would result in police arresting the protesters and
photographing and fingerprinting them, then releasing the group on a six-month
suspended sentence.
If the protesters returned to the construction site during that time, they
face jail time, warned Marshall.
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Old 03-23-2006, 02:43 PM   #6
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FROM: CTV TELEVISION NETWORK NEWS WEBSITE - CTV TORONTO
_http://toronto.ctv.ca/servlet/an/local/CTVNews/20060322/native_protest_060322
/20060322/?hub=TorontoHome_
(http://toronto.ctv.ca/servlet/an/loc...ub=TorontoHome)
Native Protesters Defy Court Order To Move

CTV.ca News Staff

More than 200 people from the Six Nations Reserve near Brantford are
protesting a new subdivision being built, saying they own the land.
More than 200 protesters from the Six Nations Reserve near Brantford have
set up a human barricade at the entrance to a new subdivision being built in
Caledonia and defied a court-imposed deadline to leave.
At issue is a chunk of land that is being turned into a new neighbourhood.
The group says the land on Argyle Street in Caledonia is theirs. They claim
the land was stolen by the Canadian government over 200 years ago.
"It is our territory. Just because it has passed title illegally throughout
the years doesn't mean that it isn't ours," protester Janie Jamieson told The
Canadian Press.
A large shelter, tents and a camper block the entrance to the subdivision
where at least 10 homes are in various stages of completion. Several placards
are also near the entrance, some of which read "this country needs true
history lesson" and "the acts of terrorism on natives stop now Canada."
A Canadian flag also flew upside down from a makeshift pole.
The protest is also attracting interest from a group of native "warriors"
from New York State. About a dozen of the warriors are on the site anxious to
protect aboriginal land rights, according to one man calling himself
Sahtekaientes.
"There's more coming. We know exactly what your government is all about.
We've been through this before," Sahtekaientes said.
The group has been camped out at the entrance to the construction site since
Feb. 28.
Several police crews were on hand Wednesday but the deadline passed without
the officers attempting to move the protesters. But the protesters are not
claiming victory just yet.
"If you go by history, they come in in the evening, not in broad daylight,"
Jamieson said. "We've been here for 22 days now anyways … So it's just a wait
and see kind of thing."
An Ontario Superior Court judge set the Wednesday deadline last week. If the
protesters did not move by then, the judge said they could face contempt of
court charges.
On Friday, Justice David Marshall told the protesters that if they leave
when police arrive, they could avoid charges.
Failure to move would result in arrests followed by release with a six-month
suspended sentence.
Marshall warned that if the protesters returned to the construction site
during that time, they could face jail time.
Police say their decision not to remove the protesters on Wednesday does not
mean it will not happen eventually. The Ontario Provincial Police say they
are bound to enforce the court's order.
"The OPP respects the order of the court," Cst. Paula Wright told The
Canadian Press. "We're legally bound to obey the court order so we shall undertake
our responsibilities in the safest manner possible."
"This is a complex issue and the safety of all those involved is paramount.
Our goal is a peaceful resolution," Wright said.
With files from The Canadian Press
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