Six Nations, Caledonia Family of builder beaten during native occupation hopes lawsuit changes policing 2 hours ago TORONTO — A lawsuit brought by a home builder viciously beaten during a native occupation in southern Ontario will hopefully result in more power being handed to front-line officers policing the contentious dispute, the man's family said Wednesday. Sam Gualtieri, 53, suffered serious brain damage after he was attacked Sept. 13, 2007, while attempting to clear native protesters from a home he was building for his daughter in Caledonia, Ont. Two men and a youth were later arrested and charged. The lawsuit, launched against the Ontario government, claims police were in the area and did nothing to prevent the assault. The statement of claim alleges Ontario Provincial Police Commissioner Julian Fantino instructed his officers not to remove the protesters "simply because they were native," an order contrary to his police duties "given for ulterior political motives." "We're doing this on behalf of everybody in Caledonia," said Joe Gualtieri. "If it's a victory for my brother, then it's a victory for everybody there. Because the way they're policing the situation is a two-tiered system and it's not fair to the people living there." Sam Gualtieri was left unable to work, and suffers from depression, fatigue, vertigo and has trouble with simple cognitive tasks, the suit claims. The Ipperwash Inquiry, which created a set of recommendations on how to handle occupations after the fatal police shooting of native Dudley George, has worked against the community in Caledonia, Joe Gualtieri said. "(A favourable outcome) will allow police to do proper arrests ... because right now their hands are tied," he said. "Through this, we hope that they will be untied." The allegations, filed with a court in Cayuga, Ont., on Tuesday, have not been proven in court. Premier Dalton McGuinty said Wednesday he can't comment on the case while it's before the courts. But McGuinty expressed support for Fantino and provincial police, praising the job they've been doing in Caledonia since the aboriginal protest began in February 2006. "If we're going to address this in any way that's permanent, then the (federal government has) got to resolve this," McGuinty said. "In the meantime, we will do everything we can to keep the peace." Gualtieri is seeking $5 million in general damages and $500,000 in special damages. His wife Sandra is seeking another $500,000 under the Family Law Act as compensation, mainly for loss of guidance, care and companionship, said lawyer John Findlay. "Although suing for negligence against providing police services is a fairly new tort, it's a fairly straightforward action," said Findlay, who is also behind a class-action lawsuit filed on behalf of several business and property owners related to the Caledonia occupation. On the day of the assault, Gualtieri was called away from his framing business to check out a disturbance at the site of his daughter's home. He arrived to find several officers nearby as a native protester planted a flag on the roof, the claim states. Gualtieri climbed the scaffolding in a bid to get the man to come down. The man eventually descended. Later in the day, Gualtieri returned to the site with two nephews and an employee to find several protesters in the home. This time, when he attempted to remove the men, they allegedly used an oak railing to beat him over the head and kicked him until he was unconscious. According to the claim, it was members of Haldimand emergency services who found Gualtieri in a pool of blood and not provincial police, despite officers being present on the site. "(Police) knew that the protesters who were on the site were trespassers, had made threats, had a propensity for violence, and that the presence of the protesters imposed a danger," the claim states. It alleges police took no steps to remove the trespassers or protect those at the property from potential harm. Provincial police declined to comment. Gualtieri's suit is the second one brought against the province alleging provincial police failed to act appropriately in Caledonia. http://canadianpress.google.com/article/ALeqM5icHcEL8DmyzoSZ_zSoKB6NaxmE2Q I support the Gualtieris right to launch this lawsuit. I believe it can provide valuable information to the public about the laws that relate to the rights of Indigenous Peoples in Canada. I believe it will also reveal one important fact that the Gualtieris have not even mentioned: The builders were ordered off the site by the OPP. The Gualtieris did not comply with the OPP order. Instead, Sam Gualtieri armed himself with an oak railing and waited outside for the youth he knew woulod again try to place a flag on his house. Then he ran back in and attacked them. If they were off the site, as ordered by the OPP, the incident would not have occurred. Instead, Sam Gualtieri would have had to tolerate the sight of a Haudenosaunee flag on the roof. I wonder if given the chance today, whether Sam Gualtieri would opt to obey the police order to leave the property? Would he choose to tolerate having the flag placed on the house instead of attacking the teenagers? After all, they are just teenagers, and it is just a friggen flag!! Also, the lawsuit says he expected the police to protect 'him', which they did by ordering him off the site. What Sam Gualtieri really means is that he expected the police to 'protect' the house, to stop the youth from putting up a flag on it. (Yah, right. They'll get right on that!) Yes, I agree a court hearing will be useful to clarify the responsibilities of the police, and the responsibilities of builders who are building on disputed land. Gary McHale reports... Although the story didn't include anything about the Election, both Sam and Sandy (his wife) had hope the reporter would have included two points - Diana Finley has never once contacted them and they are voting for Gary McHale and will have Gary's lawn sign up on their property by the weekend. I guess that pretty much says it all, since Gary McHale is a racist and known to be associated with white supremacists in Ontario. I sympathize with Mr. Gualtieri's injury, but not his personal views. I believe those 'personal views' were at the heart of the incident that he instigated.