Brantford:

City ignores rule of law

Reminder:

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.

City ignores rule of law

LAND CLAIMS

Posted 1 hour ago

On Sept. 24, I attended the information session presented by the city and developers regarding the Hardy Road proposed development and while many issues could be mentioned here, I bring to your attention only one. This question was put by yours truly to city councillors present at the session: "In view of several recent Supreme Court of Canada rulings that everyone, including provinces, municipalities, townships, counties and developers, before a shovel goes in the ground, must conduct meaningful consultation with First Nations who clearly have an interest in the land in question, has Brantford then, complied with the rule of law in the Hardy Road development case and consulted with Six Nations who have an active, federally recognized land claim in place?"

Of the five or six city councillors present, all remained tight-lipped and refused to answer the question. I was confounded and frustrated with their silence as only moments before, one councillor reassured everyone there in no uncertain terms that the reason this information session was taking place was because; "it is the law and we must respect and obey the law." Am I to glean from this, that he meant just those laws that serve to further Brantford's mayor and council's total disregard for the concerns of their electorate?

It appears the law, as handed down by the highest court in the land, is no more than an opinion expressed by a bunch of old fuddy-duddies sitting on a park bench in Ottawa as far as Brantford is concerned.

On the other hand, it is obvious to all, when it comes to enforcing the rule of law when it serves Brantford's interests, that rule of law is applied to Indians with considerable zeal. Everyone, including many people in Brantford, want the rule of law enforced when Indians "step out of line" and fight to protect what we have proven time and time again is our land.

It is only a matter of time before this is dealt with and the proof we hold is given the credibility it has long deserved. Ottawa's tactics only serve to delay the inevitable. We will never let this grave injustice go unanswered. Never!

For the people of Six Nations, this is a "forever" fight. It is also only a matter of time before Brantford will be held accountable for its blatant disregard for the rule of law and, the contempt it has clearly shown for the Supreme Court of Canada. It may not be tomorrow, next month, next year or 10 years from now, but, that day will surely come. What's more, present day administration knows it. With a certain aplomb, this city administration knows, that one day, another mayor and council will have to deal with the mess they've created and just don't give a damn! Such unabashed arrogance I have never seen!

With equal zeal, I call upon all right-minded citizens of Brantford to join us of Six Nations and fight this insane destruction of a beautiful, natural habitat taking place at the hands of a money-oriented city administration. Together, we can prevent even the remotest possibility of another Caledonia. We are here, living in this place together and the fact is, neither of us are going anywhere. When the dust has settled, we will still be neighbours -- and, I hope, friends. We can do it. No one wants another Caledonia. Together, let's show Brantford and the rest of Canada how to do it right! We'll see just how fast Brantford's mayor and council create bylaws and injunctions to criminalize their own citizens. We'll see just how fast they call for their own people to be beaten, arrested, handcuffed and jailed for standing hand-in- hand with their allies from Six Nations. We'll see how willing they are to turn the Canadian army loose on their own "white" taxpaying citizens, won't we?

We of Six Nations will do our part peacefully (as is everyone's right), respectfully, non-violent, non-confrontational, with the "good mind" and we would hope that you join us as allies and prevent the destruction of our mutual environmental and treaty concerns.

It really is up to you.

O. Garlow

Brantford

http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1221950 More on Duty to Consult http://www.firstperspective.ca/fp_template.php?path=20080926nh http://www.newswire.ca/en/releases/archive/September2008/26/c8900.html