Court of Appeal Upholds Ontario's Right to Negotiate With Six Nations Protesters
Posted on: Thursday, 14 December 2006, 12:00 CST
TORONTO (CP) - The province's court of appeal is upholding Ontario's right to negotiate with Six Nations protesters who continue to occupy a former housing development site in Caledonia.
The appeals court released its decision today, saying Justice David Marshall "erred" in his August ruling when he ordered a halt to negotiations with the protesters until they ended their occupation. Marshall said his earlier order to clear the land was being ignored and made a mockery of the rule of law.
The government argued Marshall had no jurisdiction to stop negotiations and said talks were the best way of resolving the 10-month dispute.
Six Nations protesters have occupied the former housing site since February and say they will stay through the winter until the land is returned to them.
The appeal court allowed negotiations to continue while it deliberated but talks stalled in mid-November. That's when the federal government tabled its position that Six Nations surrendered the site in 1840 and Six Nations argued they had been duped.
Negotiations between the protesters, the federal and provincial governments were set to resume Thursday.
Source: Canadian Press
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