Six Nations, Caledonia: Charges dropped against four native protesters October 16, 2008 Paul Legall The Hamilton Spectator CAYUGA (Oct 16, 2008) The Crown has dropped criminal charges against four native protesters arrested by a heavily armed OPP tactical squad at the controversial Stirling Woods survey in Caledonia last year. The operation involved about 50 officers in riot gear, including shields and batons, who marched into the partially constructed residential subdivision in September 2007 to remove a small pocket of native activists occupying the site. The massive sweep came about a week after 52-year-old Sam Gualtieri was attacked and beaten by intruders inside a house he was building as a wedding gift for his daughter. He suffered severe head and facial injuries and has since launched a suit against the Ontario Provincial Police, alleging they didn't protect him against the protesters. In a surprise move yesterday, assistant Crown attorney Mitchell Hoffman announced he wouldn't be proceeding against Skyler Williams, 25, who was charged with mischief and resisting arrest, or against Stephen Powless, 43, June Jamieson-Maracle, 42, and Francine Doxtator, 48, who were all charged with mischief. Hoffman also told Ontario Justice Joe Nadel he wouldn't be prosecuting an 18-year-old woman, who was also charged with mischief and will appear in Cayuga court Oct. 23. He said he will be proceeding with charges against the four remaining Stirling Woods defendants, however, when the trial starts late this year or early next. They include: Ronald Cook, 31,of Akwasasne, N.Y., for mischief and possession of a prohibited weapon; Gregory Powless, 19, of Ohsweken for mischief; and Sheranne MacNaughton, 25, of Hagersville and Teresa Jamieson, 42, of Ohsweken, who both face charges of mischief and assaulting police to resist arrest. The defendants are all out on bail awaiting their trial. Defence lawyer Sarah Dover, who at one time represented all nine Stirling Woods defendants, said her clients are anxious to have the matter heard in court as quickly as possible. She told Nadel she intends to bring a pre-trial application to have the charges dropped against her two remaining clients, Powless and MacNaughton, on the basis that the OPP used "excessive force" in arresting them and the mischief charges couldn't be proven. She also indicated she may argue charges should be thrown out because of the undue delay in bringing the case to trial. Nadel adjourned the case until Nov. 5 when the lawyers and judge will try to come up with a suitable date for the trial, which is expected to last about four weeks. Last month, Hoffman also withdrew charges against 19-year-old Byron Powless. He was one of three people charged in connection with the attack on Sam Gualtieri, his nephew Dominic and another man during the confrontation at Gualtieri's partially built house Sept. 13, 2007. After hearing the evidence of a key Crown witness at the preliminary hearing, Hoffman told the judge he was dropping the charges against Powless because there was no reasonable prospect of convicting him. plegall@thespec.com 905-526-3385

Skylar Williams should be prosecuting OPP for the excessive tasering. Photo evidence shows that he and others had withdrawn from the Stirling Woods property when ordered to by OPP. However, OPP officers reached across the property line and then stepped across the property line to drag him and others back onto the Stirling Woods property. He did not resist arrest, but they tasered him SIX TIMES anyway, just to get their sicko 'jollies'. In jail, Skylar was subjected to violent threats from jail guards. Dropping the charges is some justice. Arresting the police officers and the jail guards would be better justice.

Six Nations, Caledonia, arrest Update

Natives say man's arrest breaks deal

September 20, 2008

John Burman and Rachel De Lazzer The Hamilton Spectator CALEDONIA (Sep 20, 2008)

OPP officers have arrested a native man on Douglas Creek Estates, the first arrest on the site since an ill-fated raid more than two years ago fuelled a protracted land claims dispute.

Reading from a prepared statement yesterday at the site, native spokesperson Dawn Smith said the OPP broke an agreement made on April 20, 2006 not to enter the property.

That was the day dozens of OPP officers entered in a pre-dawn raid, arresting 16 protesters at the Argyle Street South subdivision they had by then occupied for eight weeks. It sparked native blockades and violent clashes.

Smith compared yesterday's arrest of Kenneth Greene with the police tactics in Ipperwash that led to the death of native activist Dudley George in 1995.

"Today rings of Ipperwash all over again," said Smith, surrounded by native supporters. "In our eyes, it was a direct act of aggression and hostility against all Haudenosaunee. The OPP were ready to shoot."

Haldimand OPP Constable Paula Wright could not confirm that police pointed guns at anyone.

Greene, 43, of no fixed address, is charged with disguise with intent, four counts of assault with a weapon, three charges of uttering death or bodily harm threats, two counts of intimidation and four counts of mischief.

The charges are in connection with events on Labour Day, when the arrest of a prominent Six Nations spokesperson and two others in Brantford triggered a chain reaction that led to parts of Caledonia being barricaded.

The arrest follows a separate incident on Thursday when Dana Chatwell, who lives in a home at the edge of the property, alleged Greene threatened her husband Dave Brown with a gun.

jburman@thespec.com

905-526-2469

rdelazzer@thespec.com

905-526-3404

................... We can now tell you that a Six Nations man arrested at the reclamation site this morning was 43-year-old Kenneth Greene. It’s alleged that the man, also known as “Sleeper”, took part in the activities of September 1st in Caledonia, not demonstrations in Brantford as was reported earlier. The arrest, which took place without the permission of Six Nations, caused several residents from the territory to gather at the site and in turn, got the attention of Caledonia residents who were left wondering what was happening. Greene is facing several charges, among them, four counts of assault with a weapon. Several Six Nations and Caledonia residents took part in demonstrations of September 1st that also saw a return to barricades being erected. They were only up for a matter of hours however. (CKRZ) ... Caledonia tense after native arrested

September 19, 2008

John Burman The Hamilton Spectator

CALEDONIA –Tensions are running high around the disputed Douglas Creek Estates in Caledonia today following the arrest of a native man on the site.

The arrest was made in connection with events that occurred on Labour Day.

Few details are currently available. However, representatives from Six Nations are planning a 3:30 p.m. press conference at the site regarding the arrest.

Police this morning arrested Kenneth Greene, 43, of no fixed addres, and charged him with disguise with intent, four counts of assault with a weapon, three charges of uttering death or bodily harm threats, two counts of intimidation and four counts of mischief.

The charges do not involve a gun.

Greene remains in custody for a bail hearing.

OPP Haldimand detachment commander acting Inspector Mike Rigby is appealing for the public’s help. Anyone with information about the Labour Day unrest can call 905-3322 or Crime Stoppers at 1-800-222-TIPS.

On Labour Day, the arrest of a prominent Six Nations spokesperson and two others in Brantford triggered a chain reaction that led to parts of Caledonia being shut down for hours.

The blockades started Sept. 1 around 9 a.m. when Six Nations protesters set up barricades on Argyle Street South and blocked the Highway 6 bypass.

Stephen Powless, 43, and two teens were arrested in Brantford for allegedly being on the construction site at the Hampton Inn on Fen Ridge Court, next to the Kingspan Insulated Panels development site from which they are barred.

After the barricades on Argyle and the bypass had been were removed, angry Caledonia residents refused to let traffic resume on Argyle Street South. The bypass was open sometime during the afternoon, but Argyle was not fully open to traffic until nearly 6 p.m., after a brief standoff between residents and about 50 OPP officers.

Stephen Powless, 43, and two teens were arrested in Brantford for allegedly being on the construction site at the Hampton Inn on Fen Ridge Court, next to the Kingspan Insulated Panels development site from which they are barred.

In a separate incident, residents in the area said they are concerned that an OPP cruiser was stationed at a home on the Sixth Line throughout the night and was still there this morning.

The home has been the target of a number of actions involving native protesters since the dispute began.

There are unconfirmed reports of an altercation at the home between its occupant and at least one native man. No injuries have been reported.

A spokesman for the OPP said both incidents are under investigation and more information will be provided later.

jburman@thespec.com

905-526-2469

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.

Six Nations-Brantford, Court Update: My understanding is that Boots Powless' son was released on bail today, and the other youth on recognizance, unconfirmed. Both have other scheduled court dates. I am still truly fuzzy on why they were stopped at all, let alone arrested, and I didn't hear of anything outstanding that wasn't already in process. All in all, a pleasant day, mostly spent outside waiting, chatting ... and with the best possible outcome, for now. The best possible court outcome will happen when Brantford court rules on the permanent injunction, and turns it down, as per recent Ontario Court of Appeals ruling: 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. Six Nations Needs Urgent Support BRANTFORD: This morning, the Brantford Police arrested two young activists from 6 Nations, aged 17 and 19. The two were arrested in transit while trying to leave the campsite on Fen Ridge Court. Twenty cops in 8 unmarked cars pulled over the vehicle they were travelling in, and arrested the two teenagers who are currently in jail. Activists at the site in Brantford have asked for supporters to come to the site tonight and/or tomorrow. The Hampton Inn site on Fen Ridge has been shut down completely for two weeks. It had also been shut down several times over the last few months by various representations from 6 Nations including Ruby and Floyd Montour, the Confederacy Council, the Men's Fire, and now grassroots activists including Boots Powless and a newly dubbed NYM-6 Nations (Native Youth Movement). The current callout comes directly from the activists on site. The group has maintained the site beside the Hampton Inn development site in a tepee for over 60 days, upholding the declaration put forward by the Men's Fire that these sites should be shut down pending settlement of outstanding land disputes. Further, all three sites that have been targeted from the base camp have been sited as posing ecological threats; the Fen Ridge industrial development area and the Oak Park Road development site are located in an environmentally sensitive area less than a kilometre from the Grand River. A Callout for supporters to be physically on-the-ground as early as tonight has been issued from the camp. BYO FOOD and phone cards ("solo" brand) appreciated. To get to the site: take the 403 to Brantford, exit at Oak Park Road, turn right at the T junction off the exit, then take the first left onto Power Line Road; the site is down the road a few hundred meters, and should be evident across from the King & Benton site. Look for the tepee, Boots has asked people to meet there first. Questions call: (519) 717-7043, or (519) 717-7099 http://www.honorsixnations.com/ Background: http://www.zmag.org/znet/viewArticle/18535 >>>> As usual, bring solidarity, your own tent/bedding and food supplies, and some to share. No alcohol, no drugs, no weapons. granny NOTE: Brantford police currently have only a temporary injunction, and they know it could be lifted as early as the next court date ....? Brantford City Police are cozy with the City that signs their paycheques. Brantford City Police haven't yet acknowledged or accepted the responsibility of upholding the Charter Rights of Six Nations people, to put it politely. Brantford City Police may be aggressive tonight, and already have been today. What did they arrest the youth for today? For being on and coming off the site?? 'Suspicion' of "mischief"? gmab Thanks to Janie Jamieson who alerted all of us to the aggressive acts of the police against her sister and friends, and good thoughts to those youths who are now in custody, and to 'Boots' for letting us know they need support. granny Original message from Janie Jamieson: Wednesday September 10, 2008 BRANTFORD, Ont. Subject: Police Attack on Haudenosaunee woman and youth in Brantford Today Wednesday September 10, 2008 BRANTFORD, Ont. Today at approximately 11:00am my one year old son and I were leaving the King and Benton site in Brantford, Ontario. My sister left the site a few seconds behind me. Two youth were travelling with her. I stopped at the stop sign and then proceeded through. I checked my rear view mirror to see how far behind my sister was. When I looked I saw a non-Native man with a closely shaved head pulling on her truck door with one hand while punching the driver's side truck window with his other hand. He had a closed fist and was hitting the window with full swings. With all the threats made against our people and the violence and abuse we survive, I thought she was under attack by a group of skinheads, as there were several unmarked cars blocking her in. I drove up to a spot where I could safely turn around. When I got back to the corner all vehicles were gone. I turned right because traffic was slow in that direction. Sure enough, the same cars had her truck surrounded but now the skinhead that was viciously, forcefully trying to attack them earlier had on an OPP vest and a belt loaded with weapons. By then there were approximately 8 cruisers both marked (OPP and Brantford City Police) surrounding my sister and the two youth. They had one youth handcuffed. Moments later they handcuffed the second youth. I told the police our youth are under our authority and jurisdiction as Ogwehowe women and the police had no right or authority to kidnap our children on our own territory. The police were informed our youth had EVERY authority to uphold our traditional laws. The police were then told to cease and desist their armed invasions of our people. They were also told the kidnapping of our children needed to stop as well. They were told they keep trying to escalate things with our people and the tactics they are using is nothing short of declarations of war. We were told how everything they were doing was "standard". (Yes, even for an allegation of "mischief".) As hard as it was to believe it was standard police practice, I do believe it. It was almost a year ago 9 of our people were attacked at Stirling Street for upholding their land rights by 200 fully armed RCMP, OPP, OPP Riot Squad and the Hamilton City Police . The acceptable standard to deal with our people for minor offences was most recently set in 1995 in Stoney Point when Dudley George was murdered by a paid sniper. While we were talking about 5 officers (without permission) began searching my sister's truck for "weapons". I put tobacco in the hands of the youth and told them to hold onto it and not let it go. The police told me I couldn't do that and to get rid of it. The youth held onto it and were then placed in separate cruisers and taken to the Brantford Jail. One youth may get out today. The other young man is up for bail tomorrow at 9:00am at the Brantford City Court on 44 Queen Street. Also, Bawa Construction (Hampton Inn & Suites) has resumed construction despite being given several warnings they are building illegally on traditional territory in Grand River Country. I've been told construction will be shut down soon. We are asking for support in the form of supplies and people both at the construction site (ASAP) and at the courthouse tomorrow. To get to the construction site take the 403 west towards London, Ont. Exit off Oak Park Road. Turn left and drive over 403. Construction site is immediately on the right hand side. Boots Powless' son was one of the young men targeted and arrested today. Our people have upheld their words regarding maintaining peace. At no point have any of our people stepped out of the Kaiienarekowa. The developers and the police continuously escalate events by targeting our children, women (mothers and grandmothers) and men. There is a consistent effort to attack our women and children to protect the finances of local and international corporations. Just like the targeting of our people and constant attacks by fully armed civil servants continue, we, as ogwohwe will continue to uphold our great-great grandchildren's right to exist. We are justified. Janie Jamieson Grand River Country _______________________________________________ six_nations_info mailing list six_nations_info@masses.tao.ca https://masses.tao.ca/lists/listinfo/six_nations_info