Ontario judge grants permanent injunction against 1492 Land Back Lane camp

2 months ago 43
Indigenous·Updated

Ontario judge grants permanent injunction against 1492 Land Back Lane camp

An Ontario Superior Court judge granted a permanent injunction Thursday against the continued presence of a Six Nations land reclamation camp that has stopped the construction of a Caledonia, Ont., subdivision.

Camp spokesperson says judge is 'pitting Canada against Indigenous people'

Demonstrators from nearby Six Nations have occupied 1535 McKenzie Road in Caledonia, Ont., since July. (Dan Taekema/CBC)

An Ontario Superior Court judge granted a permanent injunction Thursday against the continued presence of a Six Nations land reclamation camp that has stopped the construction of a Caledonia, Ont., subdivision.

Ontario Superior Court Justice R.J. Harper granted the permanent injunction sought by the developer, Foxgate Development, and Haldimand County, the municipality that oversees Caledonia, after removing Skyler Williams, a spokesperson for the reclamation camp, from the proceedings and striking his submissions that raised constitutional questions.

Harper, who insisted that Williams was the "leader" of the land reclamation, said Williams showed "contempt" for the court by refusing to obey the previous, temporary injunctions, and by insisting the Cayuga, Ont., courtroom was part of the "colonial" court system.

"With respect to the abuses that have been put upon the Aboriginal community, the Indigenous community for many years, I acknowledge that, society must acknowledge that, the courts must acknowledge it," said Harper.

"However, I emphasize the manner to proceed with claims and grievances in our society, in Canada, must be done respectfully, must be done in compliance with the orders, must be done by good faith negotiations… Damaging property by spray-painting them pronouncing that this land is now Land Back Lane 1492, that does not go the route of civil society by way of negotiation."

Following the hearing, Williams provided a written statement to CBC News saying that Harper "is pitting Canada against Indigenous people" and that the camp would remain.

"We are committed to defending our territory, that includes staying on the land and it also means we will file an appeal immediately," said the statement.

"It's clear that we're facing racism and discrimination in this process. From the beginning, we've stated that the colonial court process is inherently unfair and it's clear that is what is playing out today."

Members from Six Nations of the Grand River, which sits next to Caledonia about 22 kilometres south of Hamilton, set up the camp in July to stop the construction of the McKenzie Meadows development.

The site, dubbed 1492 Land Back Lane, was raided by the OPP on Aug. 5. That triggered road, highway and railway blockades. Demonstrators set tires ablaze and threw rocks and police fired rubber bullets.

A senior OPP officer said in an affidavit filed as part of the injunction case that a second enforcement operation could trigger a stronger reaction that could see railways, bridges and hydro stations "attacked and damaged in retaliation for the use of force by police." The OPP affidavit also said that infrastructure could be targeted in other parts of the country.

The Six Nations members of the reclamation camp have historical records they say show that the land the development sits on was sold by a squatter to a settler who then received a land patent from the colonial authorities in 1853.

The property is part of the Haldimand Tract granted to Six Nations of the Grand River in 1784 for allying with the British during the American Revolution. The granted land encompassed 10 kilometres on both sides of the 280-kilometre Grand River which runs through southern Ontario and into Lake Erie. Six Nations now has less than five per cent of its original lands.

The Six Nations elected council has stated that, according to Ontario court decisions, there was no requirement for a private entity like a developer to accommodate Six Nations for developing lands that were taken illegally in the 1800s. Yet, the council said, Foxgate had transferred 17 hectares of land and $352,000 to Six Nations for accommodation.

Foxgate never consulted with the Haudenosaunee Confederacy Chiefs Council, the traditional Six Nations government, before commencing its project. The Confederacy Chiefs Council has supported 1492 Land Back Lane and deems the property to be in a red zone of land over which it contests title.

The Six Nations elected council has an ongoing court case, filed in 1995, against Ottawa and Ontario over lost lands. It is scheduled to go to trial in 2022.

About the Author

Jorge Barrera

Reporter

Jorge Barrera is a Caracas-born, award-winning journalist who has worked across the country and internationally. He works for CBC's Indigenous unit based out of Ottawa. Follow him on Twitter @JorgeBarrera or email him jorge.barrera@cbc.ca.

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