Announcement

**Blackbear** · 06-07-2006, 03:58 AM

_http://www.ontla.on.ca/hansard/house_debates/38_parl/Session2/L084A.htm_
(http://www.ontla.on.ca/hansard/house...ion2/L084A.htm)

LEGISLATIVE ASSEMBLY OF ONTARIO
Monday 5 June 2006
MEMBERS' STATEMENTS
NATIVE LAND DISPUTE
Mr. Jim Wilson (Simcoe-Grey): I rise in the House today to condemn the
McGuinty Liberals for waiting until day 42 of the Caledonia standoff to even
acknowledge the situation as a provincial issue. To illustrate this, I will now
read excerpts from a letter e-mailed to the Premier by a local resident:
"Dear Mr. McGuinty:
"Today is the first day that my children have been allowed to return to
school. I am attempting to clean this past week out of my house and assess the
physical and personal cost to this family. My husband took another day off work
on Tuesday to attend to us, his wife and children, in an effort to assuage
our fears and offer at least an ounce of comfort.
"Why, sir, as an elected official of the Liberal Party and the Premier of
Ontario that we voted for, can you not offer the same?
"We don't expect that you would be able to move mountains to solve a
200-year-old dispute, but we do expect that you would, at the very least, try. You
should speak to us, not the TV camera, not the reporter, not the microphone,
not to history (you'll write your own). Speak to us, the people who entrusted
you with power....
"I'm not sure how much more the people of Haldimand county can take. We have
done what you've asked: We were patient, patiently awaiting information and
direction from you. Not David Peterson, not Monte Kwinter, not David Ramsay,
sir, you. In the absence of leadership, there is anarchy. And if saying
nothing to the residents that live here is the best can you do, then your best is
not good enough....
"Please respond. The silence is deafening."
I couldn't have said it better myself.
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NATIVE LAND DISPUTE
Mrs. Christine Elliott (Whitby-Ajax): I rise today in the Legislature, on
behalf of the official opposition, to make exceedingly clear to the government
just how badly the crisis in Caledonia has affected the everyday lives of
community residents. To illustrate this point, I wish to read an excerpt from a
letter addressed to the Premier from a concerned resident.
This resident writes: "Jobs have been lost in the community. This hurts
families and the entire town. Children living near the blockade are sleeping
poorly every night and are not able to play in their own backyards by day.
Families as a whole are under tremendous stress and pressure, both emotionally and
physically, as people of all ages are finding it very difficult to cope with
the ongoing uncertainty of what will happen in this traditionally `safe and
welcoming' community.
"Road and rail track closures are causing local businesses and industry in
the surrounding communities to struggle to connect with suppliers and
customers. The lack of access to Port Dover, Hagersville and Simcoe on Highway 6 is
keeping people away from Caledonia in droves. Businesses in town are losing
money at a rate that challenges their ability to stay open; townspeople have
less income to spend, and visitors to the community are few and far between.
The Victoria Day weekend is the traditional start of the summer business boom,
and the roads and the towns are virtually empty of tourists and vacationers.
"It is not just the blockade itself that worries us. It is the safety of all
that travel as well. Forcing detoured cars onto McKenzie Road, a two-lane
winding rural route, has slowed the flow of traffic, both commercial and local,
to a frustrating crawl....
"It is time for you to take action. Please make the time to struggle with
the issue of the day."
************************************************** ****************************
********
NATIVE LAND DISPUTE
Ms. Lisa MacLeod (Nepean-Carleton): Occupied land, roadblocks, hostile
standoff: Does this sound like a normal day's activity in a small rural Ontario
town to you? Unfortunately, these have become the mainstay activities in
Caledonia and Six Nations. That's small-town Ontario, might I remind you, where
soccer games, community fairs and kids playing hockey should be the rule rather
than the exception. Children are living in fear, tensions are rising by the
day and the only politicians who have taken a leadership role on the protest
from the beginning have been Toby Barrett and John Tory. In fact, every day,
citizens feel they need to speak to the opposition because they are getting
nowhere with the McGuinty government.
One resident writes to Mr. Barrett, "This should never have happened and
could have been avoided had the government done something three months ago when
this started."
Another adds, "Too bad we haven't anyone else in government that cares....
Why are regular Caledonians omitted from negotiations and information -- I
guess the government can't answer that either."
Never has the McGuinty government taken a direct management role to resolve
the dispute at Caledonia, never has the McGuinty government taken the
necessary steps to communicate to the residents of Caledonia and Six Nations, and
never has the McGuinty government offered to seriously study land claims before
chaotic and aggressive confrontations turned into occupied lands, roadblocks
and a hostile standoff like we have today in Caledonia. Isn't it about time
that soccer games, community fairs and road hockey were once again part of
the normal routine in Caledonia?
************************************************** ****************************
********
NATIVE LAND DISPUTE
Mr. John Tory (Leader of the Opposition): My question is for the Attorney
General. On the website of your ministry, there's a good description of the
unique aspects of your job as Attorney General, including reference to the
non-partisan way in which many of your duties are carried out, uniquely. Among
other things, it says on the website, "As chief law officer, the Attorney
General has a special responsibility to be the guardian of that most elusive
concept -- the rule of law." It goes on to say a bit later on, "It is the rule of
law that protects individuals, and society as a whole, from arbitrary measures
and safeguards personal liberties."
Recognizing the complexities of the Caledonia file, can the Attorney General
comment on his responsibility to uphold the rule of law within the context
of the various activities we've seen by people of all backgrounds in and
around that community, including as recently as last night?
Hon. Michael Bryant (Attorney General): I'm going to refer the supplementary
to the minister responsible for aboriginal affairs, but I'm happy to tell
the member that obviously the Ministry of the Attorney General had counsel
before His Honour Justice Marshall, when parties were summoned, and will continue
to participate in that fashion as required as matters do come before the
court. We obviously continue to work with other ministries and provide legal
support where appropriate.
I understand the genesis of the member's question. I hope you will
appreciate that the minister responsible for aboriginal affairs is addressing this
matter, and in a comprehensive fashion, so it's really appropriate for the
specifics that I know will come out in your supplementary to be addressed by that
minister.
The Speaker (Hon. Michael A. Brown): Supplementary?
Mr. Tory: Actually, I'm not going to address the specifics, because I know
those are difficult, in some cases, to comment on. But I want to say to the
minister, by way of supplementary, that there are no easy answers as to how to
resolve issues like the standoff at Caledonia and, in particular, the
question of how it has been allowed to escalate into the public security threat that
it has. There are people with different opinions, but I think in the end we
know that Ontarians are no more knowledgeable today about the situation, its
root causes and some of the resolutions than they were before. That is why we
feel that a commitment on the part of this government, at the appropriate
time, to call a full public inquiry would be useful so as to make sure we can
find out in an impartial way how we got to where we are and, more importantly,
how we can prevent these things from happening again, including making sure
that we find a better way, if we can, to handle land claims disputes.

cont....

**Blackbear** · 06-07-2006, 03:58 AM

This is an incident that is not to be repeated. I ask the minister, will you
commit here today in the Legislature to call a full public inquiry at the
appropriate time into the Caledonia standoff so that we and all Ontarians are
better able to deal with these kinds of situations in the future?
1430
Hon. Mr. Bryant: I refer the question to the minister responsible for
aboriginal affairs.
Hon. David Ramsay (Minister of Natural Resources, minister responsible for
aboriginal affairs): I would say to the Leader of the Opposition, I can tell
you now how we got here today. We got here today because of the slow,
legalistic approach that the federal government has taken to the disposition of land
claims in this country. We have a thousand of them outstanding right across
this country, at least 65 or more in Ontario, and that's why we are where we
are today.
As I've spoken to you in many other responses over the last few weeks, there
was an exploration into this particular land claim and accounting claim over
the last two years. Great progress was made, but many in the community
didn't understand the progress that was being made and were frustrated and acted
out on that frustration.
Mr. Tory: I would note that the minister didn't answer the question. I would
note as well that while I suggested in particular that part of the terms of
reference of any such inquiry could include a better way to deal with land
claims disputes of this kind, every commentator, every person who is
knowledgeable in the law, has also commented on the fact that portions of this matter
are your direct responsibility: the enforcement of the law and a number of
other aspects of this to do with transportation and other aspects of protecting
the public interest.
What we've seen is a pattern of how these situations have developed over the
years, have been allowed to develop over the years, from Oka to Ipperwash to
Caledonia. I think we need to take a closer look at the land claims process,
yes, but also at the other aspects of this that escalate over time. We've
got to look at the heart of these conflicts and better understand them and how
they unfold.
I ask you again, Minister, will you commit to beginning this process of
better understanding by committing yourself and the government, at the
appropriate time, to appointing a public inquiry to look into the Caledonia conflict,
the issues involved, how we deal with land claims issues and the
decision-making process --
The Speaker: Minister?
Hon. Mr. Ramsay: I would say to the member that what we're hoping for from
the long-term working group with Barbara McDougall, the federal
representative, and Jane Stewart, the provincial appointee, is to work on those various
issues that have caused this crisis. We're asking them, once we get the
community to normalcy, to start to work out methodologies of how we can work on land
claims in a more timely manner, to work out the development processes in that
Haldimand tract so that we have certainty they're going forward so our
communities can grow. That's what we're expecting from that, and we expect that
process to give us basically a prototype of how land claims across this country
can be solved in a more pressing manner.
HYDRO PROJECT
Mr. John Tory (Leader of the Opposition): My question is for the Minister of
Energy. It has been brought to our attention that the Caledonia situation
has begun to affect Hydro One's capability to replace large-capacity
transmission wires within the hydro corridor that runs through the area in question
near Caledonia. Could you please provide us with an update as to how this
problem sits today, and could you also offer us any information you have pertaining
to what could happen if this hydro project is not completed on a timely
basis?
Hon. Dwight Duncan (Minister of Energy): I think the Leader of the
Opposition is referring to the Niagara line reinforcement, which received OEB approval
last year. It's something that had been contemplated for, I think, 10 years
prior to its receiving OEB approval. No doubt the situation in Caledonia did
slow down the timeline for completion. It was hoped it would be online on or
about July 1 of this year. The last report I had was that it looks like it
will be online approximately around the middle of July -- July 15, July 16,
July 17, thereabouts -- assuming there are no more disruptions in the
construction. It will provide an additional 800 megawatts of import capability to
Ontario.
Mr. Tory: We could go down a number of roads about the 800 megawatts of
import capability and so forth and so on, and we could also ask on July 15th of
which year you'd have that ready, given that we've had some problems in that
regard.
We are told, I say to the minister, that Hydro has about six weeks to
complete this project, which is about the same timeline that the minister referred
to. We've seen an article in the Windsor Star saying, "If the transmission
line is not completed soon, there is a very real possibility residents of
southwestern Ontario will experience power shortages and brownouts over the
summer."
May I ask the minister: What is your plan, if there are delays because of
some of what we've seen going on in Caledonia that cause that timetable not to
be met, seeing that the standoff in Caledonia is nowhere near being
rectified? Do you have a backup plan to make sure that the kind of situation described
in the Windsor Star -- blackouts, brownouts and so on -- is not affecting
people in the province of Ontario? What is the plan, and will it be in place in
time for the summer peak demand if the project is not completed on time?
Hon. Mr. Duncan: I'll remind the Leader of the Opposition that this plan had
been on the books for close to 10 years, for eight of which your colleagues
around you sat and did absolutely nothing. I would refer the Leader of the
Opposition to the ISO's press release of last week, which identified 600
megawatts of additional baseload generation capability and another 200 megawatts of
wind generation capability, which we don't count as part of baseload because
of the nature of peak-time use versus baseload versus intermediate and
peaking capacity. A number of those windmills are in your riding. So the ISO
reports that our 18-month outlook for power, even at peak this summer, is in very
good shape compared to last year.
Mr. Tory: I'm assuming, from the fact it wasn't dealt with, that there is no
backup plan in the event that the Caledonia project runs late. There is no
backup plan and it's all part of the overall scheme, which says there is no
plan generally in the case of energy.
Just on the same general subject area, reports reaching us today indicate
that the transformer station near Caledonia, which was burned up a few days ago
in an act of vandalism, causing power to be lost by thousands of people and
causing a huge economic loss to that area, is being protected by one private
security guard, whose car apparently was burned up last night. Minister, has
a request been made to the OPP or other police agencies to make sure that
this transformer station, which is also a vital part of power delivery to the
people in this region, is properly protected so that we won't see any further
incidents of vandalism involved with this power station? Have you done what
you should be doing, through hydro and through OPG, to make sure that this
transformer station is properly protected?
Hon. Mr. Duncan: Yes, we have. There are a number of protective measures
that have been undertaken, some of which obviously we don't want to talk about
in this environment. Yes, this is a dangerous situation.
Interjections.
Hon. Mr. Duncan: They laugh. This is a party that cut 2,000 megawatts of
power when demand was going up. This is a party that froze prices, stifled new
development, did nothing on renewables, did nothing on conservation, left a
disaster. We're cleaning up their mess. They should stop laughing and take it
seriously, because this is a serious matter. We're working to keep the power
on and to undo the damage that that party left this province over the last
eight years, and we're doing it effectively, according to the ISO.
They still smirk and laugh.
************************************************** ****************************

**Blackbear** · 06-07-2006, 04:30 AM

************************************************** ******************
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 GLOBE AND MAIL NEWSPAPER
_http://www.theglobeandmail.com/servlet/story/RTGAM.20060606.wcale0606/BNStory
/National/home_
(http://www.theglobeandmail.com/servl.../National/home)
McGuinty Brushes Off Tory Motion On Caledonia

KAREN HOWLETT
Globe and Mail Update

Ontario Premier Dalton McGuinty has dismissed a motion seeking a public
inquiry into his government's handling of the long-simmering Caledonia land
dispute as mischief making.
A Progressive Conservative motion calling for an inquiry into the Caledonia
crisis has left the governing Liberals with egg on their faces after they
failed to vote down the motion on Monday even though they have a majority in the
legislature.
When we talk about Caledonia, it is too important an issue to engage in
mischief making, Mr. McGuinty told reporters Tuesday morning. What you do if
you try to act responsibly is you don't try to make mischief in the middle of
a very sensitive issue. If there are positive, constructive proposals to be
made as to how we might defuse this incendiary situation, then we're very open
and very receptive to those, he said.

The motion introduced by Progressive Conservative leader John Tory was
endorsed in the legislature on Monday afternoon in a voice vote. Liberal Whip Dave
Levac told reporters Tuesday morning that not enough Liberals stood up
quickly enough to force a recorded vote. The customary five-minute bell for a
recorded vote would have given more Liberals time to rush to the legislature to
defeat the motion.
As things stood, however, there were only six or seven Liberals in the
legislature at the time and twice as many Tories, according to a head count done
by the Tories. Mr. Levac said many of the 70 Liberal MPPs were involved in
committee hearings.
Tory MPP John Yakabuski said Mr. McGuinty is simply trying to deflect any
criticism over his lack of leadership on the Caledonia situation.
We're talking about two different issues and this Premier is choosing to
basically put his head in the sand, he told reporters this morning.
Complaining of poor communication and weak leadership, Mr. Tory said he wants
a commission to report on how by the McGuinty government allowed the
three-month-old Caledonia situation to escalate into a full-blown standoff between
native and non-native protesters.
Mr. Tory called on Mr. McGuinty on Tuesday to respect the will of the
legislature by calling for an inquiry. He said Mr. McGuinty's characterization of
his motion is completely disrespectful. The motion was debated in the
legislature and then voted on following standard rules and procedures, he said.
The issue became a priority for the McGuinty government in April after the
Ontario Provincial Police raided a construction site in Caledonia, south of
Hamilton, that native protesters had occupied since Feb. 28.
The Six Nations community has made it clear that they want to deal primarily
with the federal government.
An Ontario Superior Court adjourned an unusual hearing last week to give
Ottawa two weeks to decide whether it will appear in court on June 16. The judge
has issued injunctions ordering an end to the protest.
Mr. McGuinty said he spoke to Prime Minister Stephen Harper about Caledonia
last Saturday, during a telephone conversation with him about the arrest of 12
men for allegedly plotting terrorist attacks on a number of targets in
Ontario.
It's important for us to work together, Mr. McGuinty said. He added that
his government will continue to demonstrate patience and perseverance in
the Caledonia dispute. The Prime Minister and I talked specifically about this
kind of approach, he said. We are of one mind in that regard.

**Blackbear** · 06-07-2006, 04:31 AM

************************************************** ******************
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 GLOBE AND MAIL NEWSPAPER
_http://www.theglobeandmail.com/servlet/story/LAC.20060606.CALEDONIA06/TPStory
/TPNational/Ontario/_
(http://www.theglobeandmail.com/servl...ional/Ontario/)
Napping Liberals Lose On Caledonia

KAREN HOWLETT

TORONTO -- Ontario MPPs endorsed a motion yesterday calling for a public
inquiry into the three-month-old dispute over a tract of land adjoining a Six
Nations reserve in Southwestern Ontario.
The governing Liberal MPPs opposed the motion made by Progressive
Conservative Leader John Tory. But it passed anyway, because twice as many Tories as
Liberals were sitting in the chamber when the time came to vote on the motion
late yesterday afternoon.
Mr. Tory said he wants a commission of inquiry to report on how poor
communication and weak leadership by Premier Dalton McGuinty's government allowed
the Caledonia situation to escalate into a full-blown standoff between native
and non-native protesters.
"It has been over three months since this standoff began, and there has been
no indication that an end is near," Mr. Tory said. "Ontarians want answers.
They have a right to know how the situation came about, and even more
importantly, how we can prevent this from happening again in the future."

Chris Morley, a spokesman for Mr. McGuinty, defended the government's
handling of the land dispute.
"We make no apologies for trying to resolve the Caledonia dispute
peacefully," Mr. Morley said last night.
The issue became a priority for the McGuinty government in April after the
Ontario Provincial Police raided a construction site in Caledonia, south of
Hamilton, that native protesters had occupied since Feb. 28.
The Six Nations community has made it clear that the primary party they want
to deal with is the federal government.
An Ontario Superior Court adjourned an unusual legal hearing last week to
give Ottawa two weeks to decide whether it will appear in court on June 16.
The judge has issued injunctions ordering an end to the protest.

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