Six Nations, Brantford: Court

HDI had previously presented a motion to the court to have one judge appointed to hear all the motions related to the case. This motion was accepted by the court and the Chief area Justice will appoint a Judge for this set of actions which will likely take place next week.

Friday, September 5 2008 Today the court was in session regarding the Brantford Contempt Motion against a number of Six Nations residents with Justice Arell presiding. As you will recall there was a notice placed in the Brantford Expositor related to this case:

Notice to: Butch Thomas, Clyde Powless, Steve Powless a.k.a. "Boots", Kevin Isaacs a.k.a. "Whodat", Dick Hill, Dwayne Maracle, John Garlow and "Runs-through-the-fire" a.k.a. "Mega-Death". A case for civil contempt has been started against you in Ontario Superior Court at 70 Wellington Street, Brantford, Ontario. The next court date is Friday, September 5, 2008 at 10:00 a.m. You can get more information about this case from the court office at 70 Wellington Street in Brantford under Court File No. CV-08-334. You may also get information about this case from Fasken Martineau DuMoulin LLP, 66 Wellington Street West, Box 20, Toronto-Dominion Centre, Toronto, M5K 1N5, Attention: Neal Smitheman. If you do not come to court on September 5, 2008, an order that affects you and your rights maybe made without you and be enforced against you.

The lawyer for the City of Brantford had copies of the Contempt Motion in the court today and pointed out to the court that Clyde Powless was in the court at which time Clyde stepped up to the bar. The other accused were paged by the court but nobody else showed up in the courtroom even though Ruby Montour had been there earlier on in the morning. The lawyer for the City tried to hand the Contempt Motion document to Clyde at which point he stepped back and told the court he was a member of Six Nations who were negotiating Land Claims and that he was concerned that taking the document would constitute service and he was not going to accept service. He was asked for his address and refused to give his address. HDI then offered to the court to have the Motion document delivered to the HDI offices on the reserve. Justice Arell pointed out to Clyde that even if he does not want to accept service it is in his best interest to accept the Motion document so he can familiarize himself with the charges he is accused of committing. At that point Clyde accepted the document. The City lawyer noted that nobody else paged was in the court. HDI had previously presented a motion to the court to have one judge appointed to hear all the motions related to the case. This motion was accepted by the court and the Chief area Justice will appoint a Judge for this set of actions which will likely take place next week. Although HDI had this motion accepted the City demanded and received that all hearings would be in Brantford which means any motions or actions that HDI had initiated in Toronto will be moved to Brantford. No date has been set yet for the next session. ______________ Background ...

Injunction hearing set for December http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1141026 Lawyers representing the Haudenosaunee Development Institute want a judge to hear the city's application for a permanent injunction. ... They're hoping to work with the city to find an earlier date to hear the injunction. ... Strezos said they filed the motion in light of a decision in favour of native protesters in Frontenac County. They believe the judge's ruling in that case will mean the city's application for an injunction will be overturned.

Note that all contempt charges relate to the City's temporary injunction, while a real injunction will be denied. Thus, it is to be hoped that the injunction hearing can occur before the contempt charges.

City ordered to serve notice to protesters again Brantford Expositor, Canada - Aug 23, 2008 The other protesters named in the action -- Butch Thomas, Clyde Powless, Kevin (Whodat) Isaacs, Dwayne Maracle and Runs Through the Fire -- have not been ...

Matter delayed after judge 'not impressed' Brantford Expositor, Canada - Aug 16, 2008 None of the eight named in the city's legal action -- Butch Thomas, Clyde Powless, Steve (Boots) Powless, Kevin (Whodat) Isaacs, Dick Hill, Dwayne Maracle, ...

Brantford takes legal action against protesters Sarnia Observer, Canada - Aug 9, 2008 15 include Butch Thomas, Clyde Powless, Steve Powless, Kevin Isaacs, Dick Hill, Dwayne Maracle, John Garlow and Runs Through The Fire. ...