Six Nations, Brantford
City steps up action ...
http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1147164
Posted By John Paul Zronik
Brantford is stepping up its legal action against Six Nations protesters, asking that eight native activists be found in contempt of court for breaching an injunction prohibiting protests at city development sites.A notice of motion filed by the city in Ontario Superior Court on Tuesday and served to the Six Nations protesters this week asks the court to declare those named to be in contempt for breaching the city’s injunction, granted by Ontario Superior Court Justice G.E.
Taylor on June 2.
The documents say the protesters breached the injunction during incidents that took place between July 7 and 14 in the city’s northwest industrial park, when protesters shut down work on two construction projects, a new Hampton Inn hotel and a warehouse being
built by Kingspan Insulation.
Article ID# 1147164
Now this will be interesting, in light of the fact ... that this article is slightly in error in that there is actually no injunction in place right now, but an adjournment of injunction proceedings "with conditions".
And last week lawyers for the Haudenausaunee defendants filed to have the injunction proceedings moved forward from December, because "the legal land scape has changed" since the Ontario Court of Appeal ruling on July 7 2008:
http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1141026
Injunctions to prevent protest action are not a legal remedy until the Crown has fully discharged its 'Duty to Consult'.
The Crown, the company ("private party") and the Indigenous Council must negotiate an agreement.
http://www.ontariocourts.on.ca/decisions/2008/july/2008ONCA0534.pdf
No comments:
Post a Comment