It doesn't matter blackbear, it's not being covered here in the states, and info is hard to come by... thanks for keeping us informed!
Paselo
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You're welcome guys.. but I dont search for these articles myself.. I'm a part of a group that sends out this to me.. I'm just repeating it here for you to read.
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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=1149976210146&call_pageid=96 8332188492&col=968793972154_
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OPP Plans Caledonia Arrests
Charges Include Attempted Murder After Stolen Car Aimed At Officer
Troops Won't Be Involved In Standoff Any Time Soon, Top General Says
Jun. 10, 2006. 07:28 PM
CANADIAN PRESS
TORSTAR NEWS SERVICE Riot plice and protestors clash as
residents protest early Saturday June 10, 2006 in Caledonia, Ont.
CALEDONIA, Ont. — Police were seeking arrest warrants today for seven
aboriginal protesters they say were involved in a string of violent clashes at the
scene of a long-standing native blockade in southern Ontario.
The seven face a battery of serious charges, including attempted murder,
assault and forcible confinement, after angry protesters surrounded a U.S.
Border Patrol vehicle on Friday and dragged out its three occupants.
"They were forcibly removed after they were swarmed," Graham said.
TORSTAR NEWS SERVICE Riot plice and protestors clash as
residents protest early Saturday June 10, 2006 in Caledonia, Ont.
The injured police officer was pulled out of the path of the stolen vehicle
as it was driven deliberately at him, OPP Const. Doug Graham said today.
Graham said the officer was treated and released. The stolen vehicle was
recovered but no arrests were made.
Officers from the U.S. Border Patrol were in the area to observe how
provincial police were handling the standoff, he added.
"Often, police officials work together and share information, and that group
was here observing how we were using our police resources during this
incident," Graham said.
Other charges police expect to lay against the protesters include theft of a
motor vehicle, robbery, intimidation and assault causing bodily harm, he
added.
The incident was just one of several altercations with protesters on Friday
that are related to the charges.
Several hundred angry residents of Caledonia confronted police in full riot
gear to protest police inaction after two CH-TV news cameramen were injured
in a scuffle with angry protesters. One of the victims, who needed stitches to
close a head wound, said police officers were nearby, but took no action
during the attack.
Police say they will also be laying charges in relation to an incident
Friday involving an elderly couple whose car was surrounded by protesters. The man
in the car, who suffers from a heart condition, was taken to hospital for
observation, but no one was injured, police said.
Haldimand County Mayor Marie Trainer told CH News she has a difficult time
believing provincial police would stand idly by while individuals were being
attacked.
"Any of the OPP officers that I know, they wouldn't have let that happen,"
Trainer said.
"They wouldn't have let those seniors be harassed like that, and they
wouldn't have let those cameramen be beat up — I know they wouldn't. So I don't
know what was wrong with those few that were there."
Deputy OPP commissioner Maurice Pilon Pilon agreed.
"I find it difficult to accept that our officers are not engaging when they
need to," he said.
An aborginal spokesman said today the Mowhawk Confederacy will continue to
co-operate with both the Six Nations band and provincial police in bringing a
peaceful resolution to the dispute.
The rash of violence was just the latest flashpoint in the standoff, which
is now more than 100 days old.
A blockade was erected more than three months ago as protesters from the
nearby Six Nations reserve took over a housing development they say was being
built on land they have claimed as their own.
In announcing the warrants today, Pilon said his greatest fear was that
someone would be hurt over the course of the standoff.
"Unfortunately that has occurred," Pilon said. "And I don't think that's
acceptable."
Following a speech to radio and TV news directors in St. John's, N.L., Gen.
Rick Hillier, Canada's chief of defence staff for the Canadian Forces, said
that he doesn't expect the military to get involved in the dispute any time
soon.
"We believe that's a police operation, and every conversation we've ever had
with police forces is that this is their business . . . getting this thing
right is the way to approach it," Hillier said.
"Of course, having said that, in any instance in Canada, of course we stand
by with generic plans to move to help Canadians if the government of Canada
decides to use us, but in this case, we're not doing any planning specifically
for Caledonia."
Premier Dalton McGuinty said Friday he's angry about the way some people at
the blockade are behaving, and said he hopes they don't destroy efforts to
find a peaceful resolution to the dispute.
Critics are blaming the legacy of the Ipperwash standoff, where aboriginal
protester Dudley George was killed by a police bullet in 1995, for the
reluctance of police to crack down on unruly protesters.
McGuinty's political opponents have also attacked the premier for failing to
provide any direction to police in dealing with the protesters, but McGuinty
has stood firm and insisted that a peaceful solution is within reach.
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FROM: CBC NEWS ONLINE
_http://www.cbc.ca/story/canada/national/2006/06/10/caledonia.html_
(http://www.cbc.ca/story/canada/natio...caledonia.html)
OPP Officer Hurt, U.S. Border Patrol Swarmed In Caledonia Clash
Last Updated Sat, 10 Jun 2006 20:04:07 EDT
_CBC News_ (http://www.cbc.ca/news/credit.html)
Ontario Provincial Police plan to arrest seven more people after an OPP
officer was hurt and a U.S. Border Patrol car was swarmed at the Caledonia
land-claim standoff, a police official said Saturday.
Tension between native protesters, townspeople and police continued through
the night. (CBC)
"The OPP investigated three violent altercations that took place within an
hour of each other in the south end of Caledonia," OPP Deputy Commissioner
Maurice Pilon told reporters.
He said the first confrontation was just before noon on Friday and involved
an elderly couple visiting from Simcoe.
Two camera operators from Hamilton-based CH Television said native
protesters attacked them and demanded their video footage as they tried talking to the
couple in front of a Canadian Tire store.
Incident involves auto theft
"One [camera operator] was swarmed, assaulted and had his camera stolen,"
Pilon said.
"The third incident involved the theft of a motor vehicle, which was swarmed,
its occupants forcibly removed and [the] vehicle taken. An OPP officer [was]
deliberately driven at by the stolen vehicle. Other officers at the scene,
fortunately, pulled him to safety," Pilon said.
That vehicle was later identified as belonging to the U.S. Border Patrol.
Members of that group were visiting the area to observe how provincial police
were handling the standoff.
The officer was treated and released. The stolen border patrol vehicle was
later recovered.
Three people were arrested Friday night on charges of breaching the peace,
but police hope to make more arrests on charges that include attempted murder,
robbery, intimidation and causing bodily harm.
Debbie Walker, a managing producer at CH Television, said one of the camera
operators was taken to hospital Friday with cuts and bruises to his head. A
second camera operator also suffered minor injuries after he was kicked and
punched.
Nick Garbutt needed a couple of stitches to close a head wound. His
colleague, Ken MacKay, accompanied him to hospital, but did not require treatment.
MacKay alleged that he asked for protection from OPP officers standing nearby
but they did nothing to help.
Pilon defended his officers and said: "Our members have been here for 102
days now. I think they have performed admirably under trying circumstances."
Insults thrown around
The conflict continued late into the night as dozens of natives and
non-natives hurled insults at each other over a schoolyard fence. Townspeople also
directed their anger at police, accusing them of being one-sided after finding
out that two non-native residents were among those arrested.
The three-month standoff began Feb. 28 when a small group of Six Nations
protesters from the Grand River Territory reserve moved on to a construction
site in the town, southwest of Hamilton, claiming the land belongs to them.
Since then, there has been an abortive OPP raid to clear the site in April,
a subsequent blockade of a major artery into town; strained relations between
native and non-native protesters that led to a standoff down the road, and
finally a period of calm after the protesters took down their blockade and
moved back on to the construction site.
Native protesters still occupy that land.
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FROM: THE TORONTO STAR NEWSPAPER
_http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Articl
e_PrintFriendly&c=Article&cid=1149717019389&call_p ageid=970599119419_
(http://www.thestar.com/NASApp/cs/Con...Article_PrintF
riendly&c=Article&cid=1149717019389&call_pageid=97 0599119419)
Toronto Subject To Land Claim
Indians Say 1787 Land Surrender Was Invalid
Government Will Bail Us Out With Our Own Money
Jun. 10, 2006. 01:00 AM
_BOB AARON_
(http://www.thestar.com/NASApp/cs/Con...d=971715455797)
So you think you have good title to your home in Toronto?
Think again.
When I wrote about the legal implications of the Caledonia native land
dispute in this column two weeks ago, I wondered in print "what would have
happened if the Haldimand grant had been for an area of 10 km on each side of
Toronto's Don River instead of the Grand River, and if a group of protestors
blockaded the Don Valley Parkway in violation of a court order?"
It turns out that a huge portion of the City of Toronto is in fact subject
to a valid native land claim, which affects the title to millions of Toronto
properties. I was reminded of this claim when I received an email from Stanley
Dantowitz, a law clerk at Borden Ladner Gervais LLP in Toronto.
"An aboriginal land claim in the present city of Toronto (and to the north
and east of it) is not as remote a possibility as some may believe," Dantowitz
wrote.
He referred me to the website of the federal Indian Claims Commission
(_http://www.indianclaims.ca_ (http://www.indianclaims.ca/) ) where I obtained and
read the 42-page report on the Toronto Purchase Claim made by the Mississaugas
of the New Credit First Nation. The report was issued by commissioner Daniel
J. Bellegarde in June 2003 and makes fascinating reading.
In the 1780s, the British colonial authorities in this area became
interested in a tract of land on the north shore of Lake Ontario, which included the
"Carrying Place" of Toronto. A meeting was eventually held in 1787 between Sir
John Johnson, the chief superintendent of Indian affairs, and three native
chiefs.
The parties concluded the meeting by signing an Indian surrender of lands
"on the north side of Lake Ontario." The surrender document was essentially a
blank signed deed of Indian land in favour of the Crown, and the intention was
that the dimensions would be inserted in the deed when the land was later
surveyed.
A year later, British surveyors arrived and ran into a dispute with a local
Mississauga chief who claimed that the natives had not sold any land east of
the Don River.
The British officials then began to have serious doubts about the validity
of the 1787 Toronto Purchase surrender, and in 1805 an attempt was made to
rectify it.
That year, a new Toronto Purchase agreement was signed. Although it was
portrayed as a simple affirmation of the 1787 transaction, the record shows that
the boundaries were much larger than those intended by the British to be in
the earlier deed.
The Indian chiefs who signed it received the magnificent sum of 10 shillings
in total for their co-operation in signing over 392 square miles of land.
In 1998, the Mississaugas of New Credit First Nation filed a land claim
alleging that the government in 1805 failed to inform them that the 1787
surrender was invalid.
They also assert that the second surrender in 1805, intended by the gov
ernment to ratify the 1787 purchase and validate the surrender, included more land
than was originally agreed to by the First Nation in the 1787 surrender.
The 1805 surrender, for example, included the Toronto Islands, which the
First Nation claims were explicitly excluded from the 1787 surrender. The First
Nation also claims that they never accepted the boundaries laid out under the
1805 surrender.
In 2002, Robert Nault, then minister of Indian Affairs, informed the chief
of the Mississaugas of the New Credit First Nation that the Canadian
government accepted that the circumstances surrounding the 1805 surrender constituted
a breach of a lawful obligation of the government.
The basis of the decision was that the agreement between the Indians and the
Crown had not been fulfilled.
Since 2003, negotiators have been trying to agree on what constitutes fair
cash compensation for the losses to the First Nation as a result of the 1805
Toronto Purchase.
A government statement at the time announced that the current ownership of
that land is not in question and is not at issue in the claim.
Fortunately, no one is blockading the Don Valley Parkway over the 1805 land
surrender. Court orders are not being violated and everyone is behaving
civilly. Ultimately, it seems that blame will fall where it should — at the hands
of the government.
Too bad the Caledonia natives couldn't settle their land claim in the same
way.
Now it seems that those of us who own property in Toronto don't really have
good title to it, but the government is going to bail us out with our own
money.
I wonder how much all of Toronto is worth, from the Don River to the
Etobicoke Creek? Maybe the British should pay the claim, since they created the
problem in the first place.
____________________________________
Bob Aaron is a Toronto real estate lawyer. Send questions to Title Page, New
in Homes, The Toronto Star, One Yonge St., Toronto, M5E 1E6, or by email to
mailto:_bob%40aaron.ca_ (mailto:mailto:bob%40aaron.ca) . Visit _http://www.aaron.ca_
(http://www.aaron.ca/) .
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NEWS RELEASE
FOR IMMEDIATE RELEASE:
June 9, 2006
Six Nations Confederacy
----------------------------------------------------------
--
The actions which occurred at the Six Nations Reclamation site and within
the town of Caledonia today are very disheartening. The Haudenosaunee are a
people of peace and do not condone violence of any form. Our prayers and
concern are with those who were injured during the outbreaks today. A
peaceful co-existence with our neighbours and the safety of all remain at
the paramount of our concerns.
The Haudenosaunee/Six Nations have been working with the Provincial and
Federal government to find a peaceful resolution to this tense situation.
The negotiations have been promising as a way to work towards a peaceful
resolution. The land rights of all our people are of great concern and are
at the heart of this situation.
Our people follow the Great Law of Peace and are not a people of violence.
An investigation has been launched and the Six Nations police have been
asked to assist in this process. The individuals who were involved in these
incidents have been removed from the Reclamation Site until our
investigation is complete. The findings from this situation will be raised
before our Haudenosaunee Confederacy Council tomorrow.
The Haudenosaunee are committed to ensure that Great Law of Peace is
respected and followed at the Reclamation Site. Today’s incidents are
reflective of the misjudgment and reactions of a limited few. Those
individuals will be dealt with in a manner harmonious with the Great Law of
Peace. We are committed to working with the Ontario Provincial Police to
de-escalate this situation.
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FROM: THE TORONTO STAR NEWSPAPER
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e_Type1&c=Article&pubid=968163964505&cid=114988980 9198&col=968705899037&call_p
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_pageid=968332188492&call_pagepath=News/News)
TV Crew Attacked In Caledonia
OPP officers ignored assault, camera operators complain
Jun. 9, 2006. 06:50 PM
CANADIAN PRESS
CALEDONIA, Ont. — Two news cameramen were assaulted by protesters today,
prompting Premier Dalton McGuinty to condemn the latest violence at the site of
an aboriginal occupation in Caledonia, Ont.
The CH TV camera operators, one of whom needed stitches to close a head
wound, said Ontario Provincial Police did nothing despite their pleas for help.
"The police were right behind me and I asked for protection," said Ken
MacKay, a CH TV camera operator.
"I said, `I'm being assaulted, I need protection, they're trying to steal my
camera' and nothing happened.
"(The attackers) wrestled the camera away from me and took it and left me,
and they got the tape out."
Police said they were investigating the assault at the location near
Hamilton, where aboriginal protesters took over a building site in February.
In Edmonton where he was meeting with the country's premiers, McGuinty
expressed dismay at the attack.
"It was with great disappointment that I learned of the violent incidents in
Caledonia," he said in a statement.
"I would like to express sympathy and concern for those injured."
McGuinty also condemned the violence "by an irresponsible few" and called it
"a repugnant attempt to derail the important progress we are making."
The camera operators were filming as part of ongoing coverage of the
aboriginal occupation, which started in February when Six Nations members took over
a housing construction site.
They say they were videotaping an altercation involving an older couple when
the aboriginal protesters came running past police to attack them.
Const. Keith Robb confirmed police were investigating the allegations that
officers didn't intervene.
McGuinty said the province and federal governments want a peaceful solution
to the standoff, which is why they've appointed officials to work with the
Six Nations community.
"It is our responsibility as leaders, neighbours, friends and community
members to resolve this matter peacefully through dedication, perseverance and
goodwill," he said.
"That requires calm, understanding and respect from everyone involved."
Debbie Walker, a managing producer at the TV station, said she was
"appalled" by the incident.
"They were doing nothing that warranted an unprovoked attack."
The situation in Caledonia has been tense with confrontations in recent
weeks between both aboriginal protesters and non-aboriginal town residents
demanding the occupation end.
Conservative Leader John Tory said Friday the latest assault shows that
McGuinty and the Liberal government have failed to show leadership to resolve
this dispute,
"We see fisticuffs, we see people being assaulted, and yet no one is
standing up for the rule of law," Tory said.
"The police are in an impossible position. I think it's time that Mr.
McGuinty really took note of what's going on down there and sent a signal that the
rule of law is going to be held."
New Democrat Leader Howard Hampton said the government has let tensions in
Caledonia escalate for too long.
"What we now see is almost day by day altercations," Hampton said.
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MNN "Colonial Provocation 101": 2 incidents at 6 Nations today! Date:
09/06/2006 6:49:05 PM Eastern Standard Time From: [email protected]_
(mailto:[email protected])
If you think you can persuade the OPP to take peaceful measures, give them a
call and let them know what you think. Stephen Harper should be told to
stand on guard and stop American invasions.
COLONIAL PROVOCATION 101: TWO TROUBLING INCIDENTS TODAY AT SIX NATIONS.
1) BLAME YOUR HEART ATTACK ON THE MOHAWKS; 2) US BORDER PATROL CAUGHT “OUT
OF BOUNDS” AT SIX NATIONS RECLAMATION SITE!
MNN. June 9, 2006. It is now day 101 since the Six Nations reclaimed OUR
stolen land. The peace that we have managed to maintain so far was marred by
two serious incidents.
The first began when a small gray car with two passengers drove up to the
front of the reclamation site. These two guys stayed in the car and started
harassing the people by shouting racist threats at them. Finally, some of the
Indigenous men got fed up, walked over and told them leave. But they just
would not stop. Then they tried to run over them with their car. This
infuriated the men. They chased them into the nearby Canadian Tire parking lot and
surrounded them. If you believe in coincidences, you will find it amazing
that there just happened to be a cameraman from the anti-Indigenous Channel 11
standing there videotaping everything. hen the Ontario Provincial Police OPP
quickly arrived and took the two harassers away. In the meantime, the men
told the reporter to stop videotaping them. He would not. They grabbed his
camera and then him and beat him up. They confiscated the gray car and
drove it onto the site.
Not long after another vehicle drove up to the front of the reclamation
site. There were two men in a Tahoe with all kinds if aerials, antennas and
gizmos on their rooftop. As if this wasn’t strange enough, it sported an
American license plate and writing on the side that looked like they were part of
the U.S. Border Patrol. Were they lost? Did they forget where their
jurisdiction ended? Or they did they just not give a s**t? It is well known that
American Officers sometimes forget they don’t officially control Canada as far
as we know. They are not supposed to conduct police activities north of
their border. They had some high tech cameras and were clicking away taking
pictures of everything and everyone. Our men went over and told them to “Get the
hell out of here”. When the men got close, the two guys drove screeched
away so fast that they did a wheelie.
Not long after these same two guys were spotted lurking in the back of the
subdivision at the site taking pictures again. The men went over and told them
to stop. They refused. That’s when the men got mad again. Next thing you
know, there was a big fight and the two American operatives got the worst of
it. One landed in the hospital badly hurt, so we are told.
According to the OPP the first two guys in the gray car incident are in
hospital. Seems they both had heart attacks! Do you believe that? The OPP
claim the guys in the American car were beat up by two of our men. Instead of
consulting to see how incidents like these could be prevented in the future,
the OPP have demanded that the two men who allegedly beat up the American spies
be immediately turned over to them, even though they don’t know who they
are. In other words, everyone’s becoming irrational. This just the excuse the
OPP has been waiting for.
Now armed forces are coming out of hiding and building up again around Six
Nations. Looks like nobody wants us to have a peaceful summer.
OPP should do something about the provocateurs who have broken the protocols
that we established with them based on the Two Row Wampum. Instead of
presenting us with ultimatums, the OPP should ask to meet us so we can all talk
about this together.
One thing that is of mutual concern is the trespassing of the Americans who
are functioning outside their jurisdiction, violating both our law and that
of Canada. We trust the OPP will not blame us for the American invasion and
will take their complaint to the appropriate authorities.
This is the time for mutual respect between our two nations, the Six Nations
and Canada. If there is a problem, Canada should place a complaint with
our Royaner so that we can find a route of peace, not of war. If the OPP want
to play an aggressive role, this means they refuse to take responsibility for
the wrongs that have been committed against us by their people. This makes
us think they just want to shoot guns at us.
Kahentinetha Horn
MNN Mohawk Nations News
_www.mohawknationnews.com_ (http://www.mohawknationnews.com/)
[email protected]_ (mailto:[email protected])
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FROM: CANADA NEWS WIRE TELBEC WEBSITE
_http://www.cnw.ca/en/releases/archive/June2006/10/c4124.html_
(http://www.cnw.ca/en/releases/archiv.../10/c4124.html)
Attention News Editors:
Six Nations Confederacy Disheartened By Incidents At Caledonia
CALEDONIA, ON, June 10 /CNW/ - The actions which occurred at the Six
Nations Reclamation site and within the town of Caledonia today are very
disheartening. The Haudenosaunee are a people of peace and do not condone
violence of any form. Our prayers and concern are with those who were injured
during the outbreaks today. A peaceful co-existence with our neighbours and
the safety of all remain at the paramount of our concerns.
The Haudenosaunee/Six Nations have been working with the Provincial and
Federal government to find a peaceful resolution to this tense situation. The
negotiations have been promising as a way to work towards a peaceful
resolution. The land rights of all our people are of great concern and are at
the heart of this situation.
Our people follow the Great Law of Peace and are not a people of
violence. An investigation has been launched and the Six Nations police have
been asked to assist in this process. The individuals who were involved in
these incidents have been removed from the Reclamation Site until our
investigation is complete. The findings from this situation will be raised
before our Haudenosaunee Confederacy Council tomorrow.
The Haudenosaunee are committed to ensure that Great Law of Peace is
respected and followed at the Reclamation Site. Today's incidents are
reflective of the misjudgment and reactions of a limited few. Those
individuals will be dealt with in a manner harmonious with the Great Law of
Peace. We are committed to working with the Ontario Provincial Police to de-
escalate this situation.
For further information:
SIX NATIONS CONFEDERACY - More on this organization _
News Releases_ (http://www.cnw.ca/en/releases/orgDisplay.cgi?okey=54056)
(1) _
Photo Archive_ (http://photos.newswire.ca/)
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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=1148507412026&call_pageid=97 0599109774&col=Columnist9717
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umnist971715455797)
Tough To Reconcile Caledonia Land Dispute
May 27, 2006. 01:00 AM
_BOB AARON_
(http://www.thestar.com/NASApp/cs/Con...d=971715455797)
In the wake of the recent events at the Douglas Creek Estates subdivision
near Caledonia, will any Ontario citizen be able to rely on a government
certification of title to their homes?
Can Ontario citizens continue to have confidence in our justice system when
a court threatens occupiers of land with criminal and civil contempt charges,
but the authorities are unable, or unwilling, to restore possession to the
title holder?
Will the federal and provincial governments ever be able to reconcile the
conflict between aboriginal title claims to land in Ontario, and
government-guaranteed deeds of absolute title?
The origins of the Caledonia dispute date to Oct. 25, 1784, when Capt.
Frederick Haldimand, governor-in-chief of British North America, issued the
Haldimand Proclamation. For their loyalty to Britain during the American
Revolution, the Mohawks and other Six Nation Indians were given the right to settle on
the banks of the Grand River.
The area covered by the proclamation extended about 10 km on either side of
the river, starting at Lake Erie and running right up to the headwaters. In
all, the parcel comprised about 385,000 hectares.
Haldimand's term of office ended before the proclamation could be concluded
with a grant of legal title to the land.
The fuzzy wording of the Haldimand Proclamation resulted in a set of
controversies that are still raging today.
The British Crown interpreted the document to mean that it was merely a
non-transferable licence to occupy the land — in other words, the land could not
be resold.
But on behalf of the Six Nations, their representative Joseph Brant took the
position that it gave the Indians absolute title to the land. To prove his
point, he started leasing and selling huge portions of the tract to British
settlers.
In 1793, governor John Graves Simcoe signed the Simcoe Patent, which gave
the Six Nations title to 223,163 hectares of the original tract along the Grand
River.
At the same time, it declared that all future land transactions in the
Haldimand Tract had to be approved by the Crown, but Brant simply ignored it and
continued to invite paying settlers onto the land.
By 1828 nearly two-thirds of the Grand River territory had been sold, leased
or settled by squatters. By 1847, the original parcel was reduced to about
20,000 hectares.
On May 15, 1848, the land where the Douglas Creek Estates now sits was sold
by the Crown to George Marlot Ryckman for 57 pounds and 10 shillings, and a
deed — called a Crown grant — was issued to him.
In 1992, Henco Industries Ltd. purchased 40 hectares of this land for
development as new housing.
Three years later, the Six Nations sued the federal and provincial
governments for an accounting of the land and money involved in the Haldimand and
Simcoe documents. That case is still ongoing.
Last year, the provincial government approved registration of a 240-home
subdivision plan for this property in the local land registry office, and it
guaranteed Henco title to the property under the Land Titles Act.
As I understand it, the native position is that the land which includes the
Douglas Creek Estates subdivision was deeded to them by Haldimand in 1784,
was never sold off by them or their representatives, and still belongs to them.
Henco Industries, on the other hand, claims good title dating back to a Crown
grant in 1848 and verified today by the Land Titles Act.
The question that naturally follows, of course, is: how many homes and
businesses in and around Brantford and Caledonia are still the subject of
aboriginal land claims?
It is clear to me as a real estate lawyer that Ontario's 12.5 million
citizens need a land registration system that can be relied on as absolute and
final. When the government registry office issues a deed to a citizen, whether
the recipient is a corporation or an individual, the public must be able to rely
on the assurances in that document.
At the same time, citizens in our society — whether they are native or
non-native — cannot be permitted to take the law into their own hands, whether to
remove an encroaching fence, or cut down a neighbour's tree, or to block
access to a public roadway.
As I followed the news reports of the Caledonia standoff, I wondered what
would have happened if the Haldimand grant had been for an area of 10 km on each
side of Toronto's Don River instead of the Grand River, and if a group of
protestors blockaded the Don Valley Parkway in violation of a court order? I
doubt that blockade would have lasted longer than a few hours.
The fact is that since 1973, Canadian courts have recognized that aboriginal
right to land, even without a specific written deed, can survive the arrival
of Europeans and subsequent legislation by Canadian parliaments.
This means that we have, in Canada, two distinct systems of land ownership.
Occasionally, as with the Douglas Creek subdivision, these systems conflict
with each other. When they do, it's up to our governments to balance and
reconcile those conflicts for the benefit of the aboriginal claimants, the deed
holders and society at large.
Exactly how they do it is a very delicate task. The Caledonia blockade was
not our government's finest hour.
____________________________________
Bob Aaron is a Toronto real estate lawyer. He can be reached by email at
mailto:_bob%40aaron.ca_ (mailto:mailto:bob%40aaron.ca) , phone 416-364-9366 or fax 416-364-3818.
Visit the column archives at _http://www.aaron.ca_ (http://www.aaron.ca/) .
_Additional articles by Bob Aaron_
(http://www.thestar.com/NASApp/cs/Con...st&colid=97171
5455797)
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FROM: CANADA NEWS WIRE TELBEC WEBSITE
_http://www.cnw.ca/en/releases/archive/June2006/10/c4119.html_
(http://www.cnw.ca/en/releases/archiv.../10/c4119.html)
(http://www.cnw.ca/en/releases/today.cgi)
(http://www.cnw.ca/en/webcast/index.cgi) (http://www.cnw.ca/en/photos/index.cgi)
(http://www.cnw.ca/en/content/basic/102.cgi) (http://www.cnw.ca/en/daybook/index.cgi)
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(http://www.cnw.ca/en/extras/subServices.cgi)
(http://www.cnw.ca/en/content/basic/122.cgi) (http://www.cnw.ca/en/content/basic/118.cgi)
(http://www.cnw.ca/en/content/basic/119.cgi) (http://www.cnw.ca/en/content/basic/120.cgi)
(http://www.cnw.ca/en/content/basic/14.cgi)
(http://www.cnw.ca/en/content/basic/22.cgi)
(http://www.cnw.ca/en/content/basic/90.cgi)
(http://www.cnw.ca/en/resources/index.cgi) (http://www.cnw.ca/en/resources/exchanges.cgi)
ONTARIO PROVINCIAL POLICE (http://www.opp.ca/)
Attention News/Assignment Editors:
Ontario Provincial Police - Media Advisory
CALEDONIA, ON, June 10 /CNW/ - The Ontario Provincial have scheduled a
News Conference for today (June 10, 2006) at 2:30 pm. Deputy Commissioner
Maurice Pilon will be outlining the events that have unfolded in Caledonia
since yesterday morning.
The Conference will take place at the Haldimand County O.P.P. Detachment
located at 72 Hwy 54 Cayuga, Ontario.
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This Message Is Reprinted Under The FAIR USE
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_http://www4.law.cornell.edu/uscode/17/107.html_
(http://www4.law.cornell.edu/uscode/17/107.html)
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FROM: THE HAMILTON SPECTATOR NEWSPAPER - LETTERS TO EDITOR
_http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/La
yout/Article_Type1&c=Article&cid=1149889811880&call_pag eid=1020420665036&col=1
112876262536_
(http://www.hamiltonspectator.com/NAS...l_pageid=10204
20665036&col=1112876262536)
Set up camp in Ottawa?
(http://ads.thestar.com/event.ng/Type...0,72,86,92,101,
110,150,152,230,284,342,357,375,409,410,416,428,43 8,449,464,577,579,6149,6177,
6254,6265,6321,6323,6396,6398,6406,6407,6408,6409, 6419,6442,6443,6444,6656,666
1,6677,6679,6681&RawValues=TID,3278320122eklt&Redi rect=http://www.hamiltonspec
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25369)
(http://ads.thestar.com/click.ng/site...&HChannel=news) By Doris and Leonard
Martin, Hamilton
The Hamilton Spectator
(Jun 10, 2006)
We want to congratulate the people of Caledonia who came forward and formed
their own barricade.
They certainly can't rely on the gutless federal or provincial governments
to solve this problem.
The government picks two people like Jane Stewart and Barbara MacDougall to
negotiate a settlement. As far as we're concerned they were very poor
choices.
People like native spokesperson Janie Jamieson say if the people of
Caledonia don't like it maybe they should leave.
There has to be a stop put to these uprisings of native people every year.
Taxpayers pay for building the highways and bridges and it is the taxpayers
who will have to pay to repair them.
If the natives want to claim most of Canada, let them go to Ottawa and set
up camp on Parliament Hill.
It's not the residents of Canada who make up these laws.
Do the people of today have to pay for something that happened hundreds of
years ago?
If these were non-native people, they would be charged and put in jail. What
are we paying our useless politicians for?
This is from a couple of seniors who are fed up the performance of our
government.
Bring in the army.
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This Message Is Reprinted Under The FAIR USE
Doctrine Of International Copyright Law:
_http://www4.law.cornell.edu/uscode/17/107.html_
(http://www4.law.cornell.edu/uscode/17/107.html)
************************************************** ******************
FROM: CBC NEWS ONLINE
_http://www.cbc.ca/story/canada/national/2006/06/10/caledonia.html_
(http://www.cbc.ca/story/canada/natio...caledonia.html)
OPP Officer Hurt In Caledonia Clash, Arrests Pending
Last Updated Sat, 10 Jun 2006 09:07:44 EDT
_CBC News_ (http://www.cbc.ca/news/credit.html)
Ontario Provincial Police plan to arrest seven more people after clashes
injured an OPP officer and two others at the Caledonia native land-claim
standoff, a police official said Saturday.
Tension between native protesters, townspeople and police continued through
the night. (CBC)
"The OPP investigated three violent altercations that took place within an
hour of each other in the south end of Caledonia," OPP Deputy Commissioner
Maurice Pilon told reporters.
He said the first confrontation was just before noon on Friday and involved
an elderly couple visiting from Simcoe.
Two camera operators from Hamilton-based CH Television said native
protesters attacked them and demanded their video footage as they tried talking to the
couple in front of a Canadian Tire store.
Incident involves auto theft
"One [camera operator] was swarmed, assaulted and had his camera stolen,"
Pilon said.
"The third incident involved the theft of a motor vehicle, which was swarmed,
its occupants forcibly removed and [the] vehicle taken.
"An OPP officer [was] deliberately driven at by the stolen vehicle. Other
officers at the scene, fortunately, pulled him to safety," Pilon said. Three
people were arrested Friday night on charges of breaching the peace, but
police hope to make more arrests on charges that include attempted murder,
robbery, intimidation and causing bodily harm.
Debbie Walker, a managing producer at CH Television, said one of the camera
operators was taken to hospital Friday with cuts and bruises to his head. A
second camera operator also suffered minor injuries after he was kicked and
punched.
Nick Garbutt needed a couple of stitches to close a head wound. His
colleague, Ken MacKay, accompanied him to hospital, but did not require treatment.
MacKay alleged that he asked for protection from OPP officers standing nearby
but they did nothing to help.
Pilon defended his officers and said: "Our members have been here for 102
days now. I think they have performed admirably under trying circumstances."
Insults thrown around
The conflict continued late into the night as natives and non-natives hurled
insults at each other over a schoolyard fence. Townspeople also directed
their anger at police, accusing them of being one-sided after finding out that
two non-native residents were among those arrested.
The three-month standoff began Feb. 28 when a small group of Six Nations
protesters from the Grand River Territory reserve moved on to a construction
site in the town, southwest of Hamilton, claiming the land belongs to them.
Since then, there has been an abortive OPP raid to clear the site in April,
a subsequent blockade of a major artery into town; strained relations between
native and non-native protesters that led to a standoff down the road, and
finally a period of calm after the protesters took down their blockade and
moved back on to the construction site.
Native protesters still occupy that land.
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UPDATE FROM GRAND RIVER
June 9, 2006. Today has been a day of unrest at the land reclamation site.
While we won't go into great detail on what has happened today as a press
release is being prepared, let us say that the intimidation tactics and
pressure from the outside has been worked up to the point that 1000 OPP [Ontario
Provincial Police] officers are being dispatched to the area surrounding the
reclamation site. Caledonia residents are up in arms, demanding the removal of
our people from the site. They are even going so far as to set up a
barricade on the recently opened Plank Road (Argyle Street) leading into Caledonia.
The intimidation tactics leading up to today were constant..... including
army helicopters and others flying overhead all hours of the day and night.
They hovered overhead between 2 and 4 in the morning with their lights off and
their nigh vision on , and then on occasion, shining high powered lights down
onto the people on the site. [this is all the same as their tactics in Oka
in 1990].
We are being faced daily with people driving by, hollering racial remarks
including "go home you f'n Indians", "get a job", "your gonna die" etc.
Garbage is being thrown at us. Besides the "flipping of the bird", there have been
times where firecrackers are being thrown out the car windows toward us.
These incidents, however, are not investigated by the OPP because “they are not
breaking any laws”. [See ‘Rocks at Whisky Trench, National Film Board].
[what about hate laws, human rights and racial discrimination?]
Today a United States Border Patrol vehicle was retrieved with high powered
surveillance equipment in it. The first story from the OPP was that the
"A.T.F. Officer" was just visiting friends in the neighborhood and taking
pictures "kinda like a tourist". [Right! With a high tech surveillance van? He
left the family car at home?] He was spotted just down from the front line
barricade. We followed them to the back door of the reclamation site. Later
we questioned what the United States ATF was doing snooping around taking
pictures of us with the OPP riding in the back with them. They changed the story
saying that they had been invited in by the OPP. [Why? Was the OPP getting
lonely looking at each other? Did they need more maniacs to make
themselves feel more comfortable?] What were they doing here? What is their mandate?
The OPP refused to tell us why these people have gotten high government
official clearance to be so far out of their jurisdiction. An OPP officer was
hospitalized as a result of this incident. A CHTV Newsperson/cameraman had
to get stitches as a result of a previous run-in with our people. [CHTV 11
not only reports the news, they “create” the news].
This situation is not good. [All reports from CHTV 11 are anti-Indigenous].
The incidents of today are a direct result of the constant intimidation
tactics of the OPP, the military and the continued racist acts instigated against
us by the Caledonia people [with their professionally made “Bring in the Army
” signs always in their car trunks, just in case the cameras are there].
Other strategies are the recent blocking of our children from using the arena
for lacrosse games and the back tracking by the Ontario government at the “
talks”. This is supposed to push everything up to the ultimate goal of Canada
and Ontario. They want to justify stopping the talks about returning our
lands to us.
At our fire tonight, we realized that Canada does not want to deal with
the Onkwehonweh people because they know we are absolutely right in our
position on the land, our sovereignty and upholding our Law.
This violence today occurred as a result of the underhanded and direct
attempts at inciting an action from us to justify another attack against us.
They want to make it look like we are uncontrollable. Why else have they been
playing the "terrorists in Canada in court in Brampton" back to back with the
"Six Nations land reclamation in Caledonia" on all the news stations?
Canada, with the help of corporate media, is making sure the mental brainwashing
of its citizens against the Onkwehonweh continues. [Across Canada people are
not buying this corporate brainwashing].
How convenient that CHTV 11 was there even before this all started! How
coincidently that the couple who sparked the violence with their racial attacks
and their attempt to run over our people, drove straight to the Canadian Tire
parking lot! How convenient that a "by-stander" happened to have a video
camera across the road at the Tim Horton’s coffee shop video taping the whole
scene [with a Boston Cream donut in the other hand]. He directly reported to
CHML radio which happens to be co-owned by CHTV 11. Was it a co-incidence!
Or were they already on standby knowing that a story was about to break.
[Another high-priced promotion failed!]
It is unfortunate that our people fell for it. [Our guys are the only ones
legally here]. The reality is, we are dealing with the constant mental,
emotional and physical intimidation of the corrupt bureaucrats. Also, we face
racial violence constantly. Does anyone know for sure how they would react in
the same situation?
The potential for violence against us here in the next while is tremendous.
[Expect this to happen. This is their “bad act” and no one’s buying any
tickets for it!] The Caledonia people want to take us off our land. The OPP
are maintaining a line between the Caledonia residents and the reclamation
site. [Just like the people in Chateauguay in 1990. See “Act of Defiance” by
the National Film Board]. We don’t know how long this is going to last.
Our people are on alert. We are on the site unarmed. We are trying to
maintain the peace. We are keeping the people within the inner perimeter. We
will continue to forward updates. Please forward to others. Stay Strong and
keep the Peace. Hazel
[email protected]_ (mailto:[email protected])
You support is crucial now. Do whatever you can. Use your good mind and
heart. Stand by us in solidarity and support.
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This Message Is Reprinted Under The FAIR USE
Doctrine Of International Copyright Law:
_http://www4.law.cornell.edu/uscode/17/107.html_
(http://www4.law.cornell.edu/uscode/17/107.html)
************************************************** ******************
FROM: THE DUNNVILLE CHRONICLE NEWSPAPER
_http://www.dunnvillechronicle.com/webapp/sitepages/content.asp?contentid=6541
4&catname=Local+News&classif_
(http://www.dunnvillechronicle.com/we...l+News&classif) =
Judge Orders Minister To Cayuga Court
KAREN BEST
Local News - Wednesday, June 07, 2006 @ 05:00
Jim Prentice is willing to come to the Ontario Superior Court of Justice in
Cayuga if his attendance is required.
"The minister will be fully compliant with anything the judges ask or
requests of him," said Deirdra McCracken. She is the press secretary for Prentice
who is the Minister of Indian and Northern Affairs Canada.
On June 1, Justice David Marshall decided to call Prentice and Canadian
attorney general Vic Toews to court on June 16. Based on advice heard at a
special hearing at the beginning of the month, he is asking the federal ministers
to get involved in the Caledonia and Six Nations situation.
As of June 6, Prentice and Toews had yet to receive a letter or court order
inviting them to be of assistance to the judge as a friend of the court. "He
has not seen a formal request as of yet," acknowledged McCracken.
The request for federal involvement in the return of law in the community
arose out of a hearing called by Marshall. In an rare move, he requested the
presence of representatives of the OPP, Henco Industries, Railink, the Ontario
attorney general, Six Nations band council, Six Nations Confederacy council
and Haldimand County. The Confederacy chiefs, who do not recognize the court's
jurisdiction, did not attend.
After several hours of presentations, Marshall also decided to set up a case
management file that will facilitate conferences between himself and lawyers
of the interested parties.
Amongst a heavy police presence, Haldimand County residents and politicians,
Six Nations residents, lawyers and media representatives listened to the
proceedings which squarely centred on the enforcement of law. Marshall's
injunctions and contempt of court orders stand but are not acted upon, he noted. In
March, Marshall ordered Six Nations persons and others to leave the Douglas
Creek Estates subdivision in Caledonia. When they did not, he found them in
contempt of court and arrest warrants were issued.
"The Superior Court of Justice has the ultimate responsibility to ensure
peace in the community is returned under the rule of law," said Marshall. He
asked attending lawyers for their assistance to achieve this end.
(http://network.realmedia.com/RealMed...ia/ron/roc/ss/[PAGE]/726641403/x18/247Canada/2006-479-Bayer-ROC-All/2006-479-Bayer-R
OC-ED-Box.Flash.html/39386133363430653434323564663130)
While the OPP's lawyer attempt to silence Hagersville lawyer Ed McCarthy
failed, he was flattered by their desire to do so.
With the permission of Marshall, he began a spirited oration of community
concerns. Speaking as a representative of the Haldimand Law Association, he
said local lawyers were very concerned about property titles in the county.
"Lack of OPP action implies something is wrong with these titles," said McCarthy.
When he said Six Nations people were not politically organized with one
voice and that they did not have clout because they did not vote, Darryl
Doxtdator expressed objection. Reconciliation is underway to reconnect the Six
Nations community, he said. He is the political advisor to Six Nations band chief
David General.
After Marshall ruled McCarthy's comment as inappropriate, the lawyer said
police responsibilities, along with keeping peace, include preventing crimes,
which should have happened on the first day of occupation. What's going on
almost falls under the drastic section of terrorism in the Canadian criminal
code, he added.
McCarthy urged the judge to force OPP to discharge their responsibilities.
"It may require the use of force. At some point a line has to be drawn.
Something very significant has to happen to bring this to an end, " he stated. "We
the people in Haldimand County are fed up with the whole thing. Bring it to
an end forthwith. If it is is violent, so be it."
Later Denise Dwyer, representing the OPP, said McCarthy's words were
"unfortunate, inappropriate and offensive" and were "fighting words". Michael
Bruder, who represented Henco, also asked the OPP to enforce the law.
In reply, Dwyer, who was representing OPP commissioner Gwen Boniface, said
the law was enforced and court orders were followed. She said OPP need to
exercise their right to discretion for their safety and the safety of the public
in the face of "a very volatile protest". She was willing to provide the judge
with high level information on police actions.
"We're here to find out what you're doing and why you're doing it," said
Marshall. "The rule of law to some extent has been set aside. Give us your
reasons."
After conferring with her client, Dwyer listed police activities since March
3. Twenty-one arrests were made on April 20 when police entered the
subdivision. Police are investigating arson at the Caledonia hydro transformer
station.
On May 22, six people were arrested for their own safety. In total 25
criminal charges are under investigation including mischief endangering lives and
assault with a weapon.
Railink which operates Southern Ontario Railway through Caledonia, has
sought a peaceful disengagement of barricades on their rail line. On May 4, the
company secured an injunction ordering people and materials off the line. One
fifth of its 45 employees have been laid off because the train is not running
out to Nanticoke.
Doxtdator spoke about rising levels of frustration and successful efforts in
keeping calm at Caledonia rallies. If the judge receives information
directly from OPP and provides weekly or bimonthly updates to the community, the
public will receive accurate information, something he felt was not provided by
most media.
Haldimand County lawyer Woody McKaig advised the judge to let the process
unfold as did Dennis Brown of the Ontario Attorney General office. Lawyer
Lawrence Elliot, who was acting as a friend of the court, said it was in no one's
interest to undermine attempts to resolve short and long term land
issues.However the status quo cannot continue indefinitely, he added.
With Marshall's permission, Six Nations resident Jan Longboat addressed the
court. She said her people have a community based social structure that
considers everyone members of a big family. Knowledge of this belief might
alleviate apprehension and tension in people's minds, she said. "I think the OPP is
doing their job to the best of their ability," she added. Several people in
the gallery disagreed.
Owen Young of the Ontario Attorney General office said the rule of law has
been suspended not abandoned, and suggested all parties allow time and
distance to temper emotions. Patience is difficult to maintain but is essential in
keeping Caledonia off the list that includes Oka, Ipperwash, Akwesasne and
Gustafson Lake, he said.
In a long dissertation, Young pointed out that law encompasses customary law
and aboriginal law. He referred to the Canadian constitution's Section 35
which he said safeguards treaty rights and customary laws. This section is the
foundation of an evolving relationship between the federal government and
First Nations, he noted. Over time, people will appreciate that the rule of law
exists and that the government short and long term actions preserve and
maintain the rule of law, he said. Section 35 allows Canadian and aboriginal laws
to be fused together, Young continued. He advised Marshall to refrain from
intrusive action and to monitor the process.
Doxtdator commended the police for learning from Ipperwash, where a First
Nations man was shot by an OPP officer. "We have avoided that so far in
Caledonia," he added.
Bruder categorically disagreed that OPP enforced the injunction and said
Henco wanted this resolved and the arrests warrants acted upon. Later he said
the Hennings were waiting to receive confirmation in writing that the Ontario
government would purchase the subdivision at fair market value. The potential
full value for the 600 lot property is $45 million and should be factored in
the purchase price, he said. Henco will not agree to the construction
moratorium while they own the property but will drop the injunction of the Ontario
government purchases it, said Bruder.
The Hennings have held back from demanding the court to order police to act.
"There's our interest and the interest of the community. They live there.
They care about Caledonia," Bruder said of their preference to avoid going that
route.
"This community will return to the rule of law completely. It's a question
of what happens in the interim," stated Marshall. He intended to return things
to normal in the community and at some point may be forced to issue an order
for OPP to act. "This is not the time," he said deciding to call another
hearing for June 16.
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