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Court of Appeal Says Six Nations Protesters Can Continue Occupation Legally

Posted on: Thursday, 14 December 2006, 15:00 CST

TORONTO (CP) - Six Nations protesters embroiled in a contentious land dispute in southwestern Ontario can continue the occupation indefinitely without being in contempt of court, the Ontario Court of Appeal ruled Thursday.

In August, a lower court ordered a halt to negotiations with the government until the protesters cleared off the former housing development in Caledonia, Ont., just south of Hamilton.

The Ontario government argued that Justice David Marshall had no jurisdiction to stop negotiations and said talks were the best way of resolving the 10-month dispute.

On Thursday, the appeal court ruled that Marshall "erred" when he said the aboriginals had made a mockery of the rule of law by refusing to vacate the site.

The court sided with the government, saying Six Nations protesters are no longer occupying the land illegally because the province bought the land and doesn't object to the occupation.

"Ontario is content to permit the peaceful occupation of its property," the decision reads. "It has the right to do so. As a property owner it has the right to use its own land as it sees fit."

While the court acknowledged that the ongoing occupation has "profoundly affected many of the residents in Caledonia and Haldimand County," it also found that the negotiations with both levels of government have "restored a measure of peace to the community."

Six Nations protesters should continue negotiating with the federal and provincial governments to resolve the dispute, the court concluded.

"The peaceful occupation of what is now Crown land points to reconciliation, not the force of law, as the best way to achieve a lasting resolution to this dispute," the decision stated.

While some had hoped the appeals court would end the occupation, others welcomed the ruling and its emphasis that the dispute can't be resolved by force.

"Sober second thought has allowed reason to triumph over passion," said Darrell Doxtdator, senior political adviser to Six Nations Chief David General.

"This decision affirmed the paramount importance of negotiations."

Still, many are frustrated with the pace of those talks.

Negotiations stalled in mid-November 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.

Ken Hewitt, with the Caledonia Citizens' Alliance, said few expected that Thursday's decision would end the 10-month occupation. Town residents who have lived with the occupation for almost a year just want their lives back, he said.

"There is a lot of frustration with the perception of things no moving as fast as they would like them to move," said Hewitt.

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.

Source: Canadian Press

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