BRANTFORD - NO BUILDING UNTIL INJUNCTION HEARING

Brantford City Police have been harassing and arresting Six Nations individuals on the strength of a flimsy temporary injunction, soon to be overturned, in line with a recent ruling in the Ontario Court of Appeal.

http://www.ontariocourts.on.ca/decisions/2008/july/2008ONCA0534.pdf

[48] Where a requested injunction is intended to create “a protest-free zone” for contentious private activity that affects asserted aboriginal or treaty rights, the court must be very careful to ensure that, in the context of the dispute before it, the Crown has fully and faithfully discharged its duty to consult with the affected First Nations: see Julia E. Lawn, “The John Doe Injunction in Mass Protest Cases” (1998) 56 U.T. Fac. L. Rev. 101. The court must further be satisfied that every effort has been exhausted to obtain a negotiated or legislated solution to the dispute before it. Good faith on both sides is required in this process: Haida Nation, p. 532.

Brantford Court seems to be dragging its feet on the injunction hearing.

One wonders about local ‘pressure’.

The ethical thing for Brantford City Council to do now is to seek to suspend the temporary injunction and the contruction until the injunction is properly heard by the court.

It makes absolutely no sense to invite disaster as Brantford City Council is doing now.