Mainstream Media August 2006

August, 2006

Tuesday, August 1^st: Ontario Conservative Leader John Tory argued that the province should break off land claims talks with Six Nations members until they end their occupation of the contested land in Caledonia. Darrell Doxtdator, adviser to Six Nations Chief David General, said comments like Mr. Tory's could disrupt the ongoing negotiations (CP: Chinta Puxley: TStar A2, WFP A7, CBP A7, G&M A9, WStar C1, KWR A3).

Mr. Tory’s proposal was dismissed by the province as the wrong approach. Anne-Marie Flanagan, a spokesperson for provincial Aboriginal Affairs Minister David Ramsay, said: “I think we've made a lot of progress working together and we're going to continue to work together on this” (Daniel Nolan: HS A4).

Columnist Christina Blizzard: The Homeowners in Caledonia that I talk to are so fearful for their safety, they would not give their names. The provocative and violent way in which the Aboriginal protesters made their demands in Caledonia could, under other circumstances, have led to a far different outcome. By buying the disputed Caledonia land from the developers the Ontario government has just created a might-is-right precedent (TSun 17).

Columnist Robert Howard: The new commissioner of the Ontario Provincial Police must rebuilt the trust that was lost by former commissioner Gwen Boniface over the Caledonia stand-off (HS A15).

Wednesday, August 2^nd: Documents reveal that the RCMP had more than 80 officers working at a the site of the Six Nations occupation in Caledonia, including elite troops from the anti-biker gang unit, a clandestine drug lab and national security teams. The documents confirm complaints by the occupiers that they were under constant but unrevealed monitoring by security forces. Six Nations spokesperson Hazel Hill said the range of training by the officers shows the government views the occupiers as “criminals, drug-smuggling, gun-toting terrorists whose mission is to destroy the government.” Asked if the RCMP's involvement in Caledonia may hurt the police force’s relations with First Nations, Ms. Hill responded: “I don't think it could get any worse.” The RCMP said the special training of those deployed was inconsequential to their deployment. But security experts say it is appropriate to ask why officers with heavy-duty training in specialties like biker gangs and drugs would be sent to Caledonia. RCMP Chief Superintendent Bob Paulson said the RCMP no longer have officers supporting the OPP in Caledonia (Marissa Nelson and Joan Walters: HS A1, TStar A3; CP: KWR A3).

The Hamilton Spectator included a list and description of the various specialized RCMP units represented in Caledonia including Integrated Proceeds of Crime Section, Integrated Border Enforcement Teams and Immigration and Passports (HS A5).

OPP Commissioner Gwen Boniface said her officers are dealing with a "complex situation" in Caledonia and are doing the best job they can in maintaining law and order. She would not comment directly on complaints that there is a two-tier justice system. The commissioner met behind closed doors with some residents of Caledonia. At the same time Haldimand Mayor Marie Trainer met with residents to collect complaints about the occupation. Ms. Trainer said Haldimand will consider replacing the OPP with a municipal force (Daniel Nolan: HS A7).

Kitchener-Waterloo Record editorial: Some members of the Six Nations may argue that the Crown took the disputed land in Caledonia improperly from them more than 200 years ago, but the proper place to make this case is in the courts, not on the streets. The alternative to the rule of law is chaos. This is not a concept that in the long run serves the interests of either Aboriginal or non-Aboriginal people (KWR A8).

Christina Blizzard’s column on Caledonia was repeated (OSun 15, LFP A9).

Thursday, August 3^rd: The Ontario government will install a berm or a wall behind an elementary school to prevent students from viewing the Six Nations occupation in Caledonia. Parents of students at Notre Dame School are worried that visions of Aboriginal people walking around in fatigues and flying First Nations flags could be upsetting to their children. Some parents called for the occupiers to be removed from the site in order to alleviate their worries. Provincial negotiator John Nolan said talks continue on who owns the land, but he did not think Six Nations' claim can be proven. He also dismissed rumours a casino will be built on the site (Daniel Nolan: HS A5).

Premier Dalton McGuinty's handling of the Caledonia standoff could be causing trouble for his Liberals with Hamilton and Niagara region voters (Daniel Nolan: HS A9).

Friday, August 4^th: Christina Blizzard’s column on the Six Nations occupation was repeated (OSun 15, LFP A11).

Monday, August 7^th: With negotiations between Aboriginal leaders and representatives from both the federal and provincial governments stalled until Aug. 24 the tension in Caledonia has been simmering. On any given day, between five and 50 Aboriginals, disturbed with the slow pace of land-claim talks, gather on the site of the disputed housing project. Residents of Caledonia are losing patience with the government’s reluctance to dislodge the Aboriginal protesters (Alex Dobrota: G&M A7).

Tuesday, August 8^th: Violence erupted at the site of the Six Nations occupation near Caledonia when occupiers and area residents traded insults and threw rocks. Ontario Provincial Police spokesman Constable Dennis Harwood said more than 100 Caledonia residents and protesters from the nearby Six Nations reserve were involved in the three-hour incident. He noted that there was some property damage but no one got hurt. Residents have said they are living in fear because of the ongoing occupation (Chris Wattie: Ctz A3, VSun A6, EJ A5, NP A4, WFP A10, WStar C1, Gaz A12).

Haldimand County Mayor Marie Trainer said the altercation ensued after Aboriginals began a fire on the occupied land. However, she said residents were already angry, and claimed that the occupiers had thrown rocks at the home of an 89-year-old man whose house borders the occupied land (CP: HDN 10, RLP A3, CBP A1, TStar A2, HCH A4, CG A5, KWS 9, LFP A4, TSun 16, WSun 12, OSun 12, KWR A3, NBTJ A3, FDG A2).

It was alleged that the capture of a First Nations flag by a Caledonia resident was a mitigating factor in the altercation. As well, the centre of a Canadian flag was reportedly cut out by some of the occupiers (Alex Dobrota: G&M A8).

Six Nations spokesperson Janie Jamieson said the Caledonia residents “instigated” the fight as a way of persuading Ontario Court Justice David Marshall's decision on whether or not to enforce an injunction to remove the occupiers (Deirdre Healey: HS A3).

Montreal Gazette editorial: If the occupiers feel emboldened by the impunity they have been given by Ontario Premier Dalton McGuinty's government, and if others in the neighbourhood feel abandoned by that same government and by police forces, both are likely to turn to more extreme measures. It is not a healthy situation. Mr. McGuinty should enforce the law before this situation gets out of hand (Gaz A18).

Wednesday, August 9^th: Justice T. David Marshall ruled that land claims talks between the Six Nations and the Ontario and federal governments should end and only resume when Six Nations occupiers leave the disputed land. Members of the Six Nations threatened to pull a downed metal hydro tower over Highway 6 if the provincial government heeds the judge's order. Several Six Nations representatives said they plan to ignore the ruling and continue negotiations. The judge's ruling surprised Ontario Premier Dalton McGuinty, who said he was still determining his government’s response. Deirdra McCracken, a spokesperson for Indian Affairs Minister Jim Prentice, said the government is considering the judge's ruling. Caledonia residents said they doubt the ruling will restore normality. An OPP spokesperson said that the force will not be conducting another raid of the occupied site. A source close to the government negotiations said that Judge Marshall's order would only make matters worse (Alex Dobrota: G&M A1).

David Peterson, the former Ontario premier who got the land-claim negotiations underway earlier this year, called Judge Marshall's ruling “a little bizarre.” He asked: “How can he order an end to negotiations? ... I don't know if it's enforceable and I don't know what the purpose would be even if it is” (Chris Wattie: NP A1, VTC A6, WFP A7, Gaz A8, EJ A5, Ctz A4, WStar B1, SSP B6).

Six Nations spokesperson Clyde Powless said Judge Marshall has “no jurisdiction” because “this is a federal issue and he is an Ontario court judge.” Mr. McGuinty said he will try to reach Prime Minister Stephen Harper before deciding on a next step. A spokesperson for Justice Minister Vic Toews said he could not comment on the decision because it is before the courts (Jessica Leeder: TStar A1; Deirdre Healey & Barb McKay: HS A1).

Constitutional law expert Peter H. Russell said that while he has great regard for the judge, he knows of nothing in law covering injunctions that would extend a judge's authority to actually step into the negotiations and bring them to a halt. Mr. Russell also said “there is no higher law (in Canada) that says failure to deal with a court order is (more serious) than the treaty rights of an Aboriginal group. It was noted that a planned meeting between archeologists and the occupiers, to discuss examination of archeological finds on the development site, was called off after Judge Marshall's ruling (John Burman & Deirdre Healey: HS A5).

Six Nations spokesperson Hazel Hill said government negotiators cancelled a meeting to address the group's claims of significant archeological finds on the site, saying they would be in contempt of court. Ken Hewitt, of the Caledonia Citizens Alliance, said his group welcomed the judge's ruling because it adds a “sense of urgency” to resolving the dispute (CP: Chinta Puxley: CG A5, CBP A1, HCH A5, LFP A1, TSun 4, WSun 14, KWS 9, CBWS 7, MTT C1).

There were worries that the judge’s order would result in a confrontation between Caledonia residents and the occupiers. While the two sides faced off the conflict did not escalate to a physical confrontation (Brodie Fenlon: TSun 4).

James Rusk profiled Judge Marshall. It was noted that his deep roots in the region have prompted accusations of possible bias on both sides. Judge Marshall was once named an honorary chief of the Six Nations. The family property on which he lives lies within the Haldimand Grant, the vast parcel of land that lies at the core of the legal dispute in Caledonia (G&M A12).

London Free Press editorial: Judge Marshall's order that negotiations be suspended accomplishes two things: It reminds both sides of the gravity of the fact that past court orders have not been carried out, and it attempts to dial down the temperature in a community that feels it is under siege (LFP A8).

National Post editorial: Judge Marshall’s ruling that the occupation must end before negotiations continue should have been the non-negotiable position of authorities from the outset. Instead, a gang of masked thugs have been allowed to run amuck for six months, sowing violence, encouraging Aboriginal extremism and living out the most racist stereotypes that white Canadians have of Aboriginal people. Negotiations should continue. But first, the land must be cleared of protesters and the lawlessness brought to an end (NP A16).

Ottawa Citizen editorial: Justice Marshall is right to demand the occupiers leave the disputed land but it is the responsibility of politicians to resolve, peacefully if possible, what are essentially political conflicts. The decision to negotiate (or not) does not belong to the judge. When Caledonia is finally cleared, Justice Marshall would be right to find some of the parties in contempt of his court (Ctz A12).

Toronto Star editorial: It is difficult to see how this decision will improve relations between the feuding sides or how it will help to bring about a peaceful resolution of this complex issue. To halt the talks now could jeopardize a deal and ultimately lead to more violence. As a sign of good faith, protestors should voluntarily leave the disputed site if they get assurances the land will be available to them if they succeed in their negotiations. They have made their point and drawn the attention of governments to settle their land claim (TStar A18).

Toronto Sun editorial: If Mr. McGuinty will not listen to reason on the Caledonia standoff, maybe he will listen to a court order. About the only thing Mr. McGuinty said in response to the ruling that made sense was that he hoped the ruling would not escalate tensions, and he appealed for everyone to remain calm. We second the appeal for calm (TSun 20).

Winnipeg Free Press editorial: The way in which the confrontation in the Ontario town of Caledonia is eventually settled may set the tone for the resolution of Aboriginal land claims across the country and perhaps for even more than that. That is a disturbing thought, because the tone in Caledonia today is shrill, ugly and lawless. This is not just about a particularly unpleasant land claim dispute in a small Ontario town. It is about the rule of law on which all Canadians depend (WFP A10).

Kevin Cavanagh: Aboriginal protesters in Caledonia's ugly land claim standoff were given a golden opportunity to grab some high moral ground, with little or no risk to their long-term goal. They should put pragmatism before rhetoric and call off the occupation (HS A17).

Journalist Bill Curry profiled the historical background to the Six Nations occupation in Caledonia. It was noted that ten years ago the Six Nations asked Indian Affairs for an accounting of what happened to 955,000 acres of land they were awarded in Southern Ontario. Despite Mr. Harper and Mr. Prentice’s insistence that the occupation is not about land claims and is a “provincial law-enforcement issue,” leaders of the Six Nations have said the slow pace of land claim resolution is the reason for the occupation. A spokesperson Mr. Prentice insisted that Ottawa has been active on the file (G&M A12).

Thursday, August 10^th: The government of Ontario announced Wednesday that it will challenge Justice David Marshall’s recent order to suspend negotiations between the government and Six Nations occupiers in Caledonia. Ontario Attorney-General Michael Bryant said the government will argue that the Superior Court did not have jurisdiction to order the shutdown of negotiations between Six Nations representatives and the federal and provincial governments. Clyde Powless, a Six Nations spokesperson, indicated that occupiers are taking a wait-and-see approach to Justice Marshall’s ruling. Attorney-General Bryant said Premier Dalton McGuinty discussed the latest developments in the Caledonia dispute on Tuesday night with Prime Minister Harper and federal Indian Affairs Minister Jim Prentice, stating that they are all “of one mind and that is that the best place for the parties to be is at the negotiating table.” In an interview Wednesday with CBC NewsWorld, Mr. Prentice said the federal government also wants negotiations to resume (April Lindgren & Chris Wattie: VSun A6, NP A6; John Burman: HS A3; Chinta Puxley: LFP A1, TSun 4, CBWS 7; Rob Ferguson: TStar A7; CP: CBP B9, RLP A4, KWR A2, WSun 8; No minister mention - A. Lindgren: WStar B1, Gaz A8, Ctz A4; Brodie Fenlon: TSun 4).

Non-Aboriginal Caledonia resident Stacey Hauser told reporters that she was slammed to the ground by an OPP officer during an incident involving disgruntled non-Aboriginal community members and Six Nations occupiers. Ms. Hauser indicated that, during a standoff between the two groups, she took down a Native Unity flag and threw it on the ground. Ms. Hauser said she was tackled by an OPP officer, and was later arrested. She told reporters that her husband Mark was punched in the face by an officer when he tried to come to his wife’s aid. Although she was later released, Ms. Hauser expects to be charged with mischief. Clyde Powless, a Six Nations spokesperson, said that non-Aboriginal residents are trying to get a reaction from Six Nations occupiers, but added that the occupiers are not going to react (Matt Kruchak: HS A3).

Globe & Mail editorial: Ontario Superior Court Justice David Marshall has hit on the fundamental, if inconvenient, truth of the situation in Caledonia: The Rule of Law has been flouted. No doubt, the situation at Caledonia is explosive. But the edifice of Canadian law crumbles when judicial rulings are ignored. Judge Marshall, passionate in defence of the rule of law, has stepped onto a lonely limb. Lonely, but it is a good, strong limb that has stood the test of time (G&M A14).

National Post editorial: In nearly two years as leader of Ontario’s Progressive Conservatives, John Tory has often had difficulty setting himself apart from Premier Dalton McGuinty. But on one issue, at least, Mr. Tory has genuinely distinguished himself, showing that he is capable of providing strong leadership where Premier McGuinty is not. While Mr. McGuinty has dithered for six months, refusing to use the means at his disposal to end the illegal Six Nations occupation of the Douglas Creek Estates housing development, Mr. Tory has taken a hard line and stuck to it. Echoing the orders of Superior Court Justice David Marshall that negotiations with the Six Nations be suspended until the occupation has ended, Mr. Tory has demonstrated a commitment to the rule of law (NP A14).

Toronto Star editorial: Misery seeks company. So in the wake of a court ruling that seemed to turn the Ontario government’s Caledonia policy upside down, Premier Dalton McGuinty called Prime Minister Harper on Tuesday evening. Besides the PM and the Premier, joining in were Indian Affairs Minister Prentice, and “senior officials” from both sides. The result of the phone call was that the Ontario government would appeal the ruling and seek to restart the land-claim negotiations, and the federal government would support the province’s move. Such public support for Ontario’s stand represents a shift for the federal government, which heretofore has attempted to distance itself from the Caledonia mess and to suggest it is a “provincial” matter - even though the Constitution clearly states that Aboriginal issues are a federal concern. The Ontario government is right to appeal Justice Marshall’s ruling, while federal support for the move will provide the provincial government with political cover (TStar A7).

Vancouver Sun editorial: The actions of Six Nations occupiers in Caledonia go far beyond the principles of civil disobedience expounded by Mohandas Gandhi and Henry David Thoreau; they are criminal offences committed without justification. On Tuesday, Ontario Superior Court Justice David Marshall recognized clearly that the rule of law was under attack and ordered that land-claims negotiations between the Six Nations, the province and federal government be suspended until the protest site was cleared. Whether the Six Nations have a legal claim on this land is for the courts to determine. Canada has a highly developed body of civil law under which these claims can be tested. This battle should be fought in a courtroom, not in the streets of Caledonia (VSun A14).

Columnist Claire Hoy: Who speaks for the law-abiding citizens of Caledonia? Certainly not Premier McGuinty. Instead, his plan is to use taxpayers’ money to buy off the occupiers, a morally bankrupt scheme which is absolutely guaranteed to spark more Caledonia copycat protests by Aboriginal groups that now know that when it comes to holding the government to ransom, Premier McGuinty is an easy mark (WStar A6).

Columnist John Ibbitson: Ontario Attorney-General Michael Bryant has decided to appeal the latest contempt-of-court ruling by Justice Marshall that orders the eviction of Six Nations occupiers from the disputed Caledonia lands and an end to all negotiations until the site has been cleared. The Superior Court judge’s ruling is incendiary and dangerous, and we can only hope that it is swiftly overturned at the Ontario Court of Appeal. Indian Affairs Minister Jim Prentice has vowed to streamline the land-claims process. If he succeeds, many of the fault lines between Aboriginal People and the rest of Canadian society could gradually be erased (G&M A4).

Friday, August 11^th: Trevor Miller, 31, was arrested by members of the Treaty Three Police Service on Tuesday after a warrant was issued for his arrest by the Haldimand OPP in connection with three violent incidents June 9 at the Six Nations occupation site at Caledonia. Mr. Miller is charged with robbery and assault for allegedly attacking two CH staffers and taking a camera as the news crew attempted to film a group swarming an elderly couple's car outside the disputed Douglas Creek Estates land-claim site. Mr. Miller is also charged with robbery in the theft of the border patrol vehicle after protesters had dragged two OPP officers and an American Alcohol, Tobacco and Firearms agent from the vehicle (John Burman: HS A6; CP: OSun 30, LFP B2; SunWire: TSun 28; NP A9).

Cape Breton Post editorial: Justice Marshall is certain to attract support from a motley crew of right wing ideologues and racists for his controversial ruling this week seeking to end the Six Nations occupation at Caledonia. More moderate Canadians, not liking that company, will be discouraged from acknowledging the considerable merits in Justice Marshall's controversial stand for the principle of the rule of law. Indian Affairs Minister Jim Prentice has admitted that "resolution is still a long way off" even if an appeal overturns Justice Marshall's instruction to halt negotiations until the occupation ends. Extended defiance of this type of court order is generally regarded as a serious matter in Canada, and is therefore rare. However, due to specific circumstances, Caledonia is not the time or place to conduct a demonstration of the rule of law for the sake of principle. But it is a principle of fundamental importance nevertheless and a judge would not be much of a judge if he did not regard it as such (CBP A8).

Saskatoon StarPhoenix: Whether the Six Nations have a legal claim on this land is for the courts to determine. Canada has a highly developed body of civil law under which these claims can be tested. This battle should be fought in a courtroom, not in the streets of Caledonia. As we have seen in B.C. with protests over highway construction on Eagleridge Bluffs and last year's teachers' illegal strike, being in contempt of court carries consequences. The Eagleridge protest was effectively shut down by police and its leaders jailed. The teachers ended their strike when their union's assets were frozen and penalties began to mount. The consequences for disobeying a court order have not been clearly spelled out for the Six Nations so far (SSP A11, KWS 6).

John Tory, leader of the Ontario Progressive Conservative Party, in an open letter to Premier McGuinty: I write you today Premier McGuinty to urge you to use the time provided by the decision to appeal Justice Marshall's recent court ruling to achieve a restoration of the rule of law in Caledonia and to better protect the safety of people on all sides of the dispute. Together with you, I remain committed to a peaceful resolution of this matter but I also have a very genuine concern about respect for the rule of law and the creation of precedents we will later regret. I am happy to discuss this further with you should you wish to do so and to assist in any reasonable way in the achievement of a peaceful resolution and the restoration of civility and respect for the rule of law in every corner of the Caledonia area (NP A12).

Jacob Ziegel, professor emeritus of law at the University of Toronto: Members of the Six Nations involved in the land occupation in Caledonia say they have been litigating against the federal and provincial governments since 1995. Unfortunately, complaints about the slow pace of lawsuits are common, although there are remedies. Even assuming the complaints are well-grounded in this case, how does this justify defiance of Judge Marshall's orders? There is only one basic law in Canada, and it applies to everyone. Whatever the limitations and weaknesses of the rule of law, it is the only glue that holds Canadian society together. If we allow it to be dissolved at will, it can only be a matter of time before we develop that contempt for laws and governments that we have come to associate with conditions in Third World countries. This is an evil to be avoided at all cost (G&M A17).

Columnist Adam Radwanski: Prime Minister Harper's clarity and decisiveness only apply when he does not really have to make any meaningful decisions. The response to the court order this week has boiled down to a debate between Ontario Premier Dalton McGuinty and provincial opposition leader John Tory. As for the PM, he has been all too happy to let the provincial politicians duke it out. Virtually silent for most of the dispute, Mr. Harper apparently signalled to Premier McGuinty in a telephone conversation Tuesday night that he supports his position; federal Indian Affairs Minister Jim Prentice said much the same thing publicly on Wednesday. But even so, neither the PM nor Mr. Prentice have enough courage in their convictions to actually join the provincial government in its appeal of Judge Marshall's decision (NP A12).

Saturday, August 12^th: Ontario will begin its legal fight on Aug. 22 to resume land claim negotiations with Aboriginal Peoples in Caledonia. A three-member panel of the Ontario Court of Appeal will hear from lawyers representing the Ministry of the Attorney General. The lawyers will argue for a stay of a decision by Superior Court Justice David Marshall, which ordered all parties to halt talks until Aboriginal protesters end their almost six-month occupation of the Douglas Creek Estates housing development site (KWR A3, G&M A15).

Sunday, August 13^th: Linda McQuaig, a Toronto-based author and commentator: Why will the Aboriginal protester not leave the contested site for development and allow peaceful negotiations to occur? This problem can be fixed, but both sides of the table need to obey laws and show each other good faith by complying with the Judges orders (TStar A16).

Monday, August 14^th: Approximately 50 residents of the Kahnawake Mohawk reserve on the South Shore plan to demonstrate their solidarity this morning with other Mohawks occupying disputed land in Caledonia. According to Stuart Myiow, a spokesperson for the Mohawk Traditional Council, the residents will not block traffic, but will wave signs and distribute brochures to motorists along Highway 138 toward the Mercier Bridge in Montreal (Gaz A7).

Sergeant Cam Woolley pointed out that OPP Commissioner Gwen Boniface had been negotiating her new job in Ireland long before the ongoing standoff between Six Nations occupiers, residents and police in Caledonia heated up. Sgt. Woolley said Commissioner Boniface has been unfairly badgered for the force’s handling of problems at Caledonia. Reports indicated that former Toronto police chief Julian Fantino is being considered as a successor to Commissioner Boniface (Ian Robertson: TSun 38).

Kingston Whig-Standard editorial: To suggest that Judge Marshall’s order cannot be enforced because of the possibility of bloodshed is ridiculous. Taken to its extreme, ignoring a court order would mean police would never try to arrest an armed suspect, would never come to the scene of a violent crime. It also presumes the occupiers would necessarily become violent if attempts were made to arrest or remove them were made. That is an unfair stereotype. Untie the hands of police. Let them enforce the court order. Then we can talk, without the threats and posturing of one side hanging over the other (KWS 4).

Columnist Alex Dobrota: There is no hierarchical organization governing the occupiers in Caledonia, who form an amorphous mass that hails from reserves across North America. Decisions are reached by consensus of whoever happens to be on the site that day. To the non-Aboriginal observer this can seem chaotic; to government negotiators, it is downright exasperating (G&M A10).

Columnist Lee Prosaka: It is no surprise that Justice Marshall’s ruling on Douglas Creek Estates has generated intense and heated controversy. It is very difficult to imagine any way that controversy could have been avoided, given the circumstances that continue to exist in Caledonia. At the least, the province’s appeal of Justice Marshall’s order may result in reducing the ambiguities that surround the Caledonia situation and clarifying roles and processes in the case of similar situations in future (HS A14).

Columnist Norman Spector: Happily, aside from the commitment to resolve land claims, the B.C. government is forging a new relationship with Aboriginal Peoples. Yet, we must never become complacent, as news of the standoff at Caledonia filtering toward us from Ontario suggests. Wisely, the Ontario government has decided to appeal Judge Marshall’s Caledonia decision. However, in light of the bitter experience to date, is it not time that governments took such disputes out of the courts and set up specialized administrative tribunals, which would include First Nations as full participants, to deal with these sensitive situations in future? (G&M S1).

Tuesday, August 15^th: Trevor Miller, the 31-year-old Six Nations man arrested in connection with an attack on a CH TV camera crew and theft of a U.S. Border Patrol vehicle in Caledonia, remains in custody after his bail hearing was held over until Thursday. Crown attorney Shane Hickingbottom told the court Monday he plans to argue against Mr. Miller’s release (HS A7, KWR A3).

Columnist Joe Warmington: Hung out to dry. Or should that be left out in the rain? Perhaps both. That is how so many people in the Caledonia dispute feel - the OPP, the Six Nations protesters, the townsfolk. Where is the leadership? It is embarrassing. For the integrity of a civilized life in this great province it has to be sorted out sometime. Is there someone out there who can bring them all in from the rain, dry them off and help bring the sunshine out from the clouds once again? Could that person be former Toronto police chief Julian Fantino? Speculation is rampant that Mr. Fantino could be offered the job to replace outgoing and inept OPP Commissioner Gwen Boniface. Premier McGuinty has a big decision to make (TSun 10).

Wednesday, August 16^th: Ontario Conservative leader John Tory argued that Canada needs a way to deal with Aboriginal land claims that does not involve occupations such as the one in Caledonia. Mr. Tory was commenting on a land claim filed by Six Nations Confederacy members for a $275-million wind farm in Melancthon Township, near Shelburne. Mr. Tory said he was pleased that the Six Nations Confederacy chose to serve notice of a land claim instead of occupying the land. He added Aboriginal Canadians need to act within Canadian law (Bob Burtt: KWR A1).

Windsor Star editorial: Experience and history have taught us that unwavering leadership and respect for the rule of law are essential in times of crisis. Ontario Premier Dalton McGuinty has shown neither in his handling of the Caledonia land dispute. Instead, he has chosen to walk around the eggshells that are Six Nations occupiers, allowing the situation to fester and escalate. What kind of message does this convey? If this law can be dismissed, why not others? Why not ignore all judicial rulings we do not like? Premier McGuinty will have a tough time answering those questions in the coming weeks (WStar A8).

Thursday, August 17^th: According to a spokesperson, the Grand River Conservation Authority is not planning on taking any action against a group of Aboriginal people who moved onto a vacant piece of GRCA land on Erie Avenue, in south Brantford, Ont. The group of Aboriginal People moved onto the vacant property and set up a trailer to dispense information on the Haldimand Tract, land claims, and Six Nations (HS A9).

Terrance Nelson, chief of Roseau River First Nation: “Shrill, ugly and lawless,” says the Free Press editorial “Lawless rule” (Aug. 9), describing the situation in Caledonia, where the Mohawks now occupy the land. As the chief of Roseau River, I say, “How does it feel, White Man, to have people who come to what you consider your property, set up their own system, refuse to go home, refuse to recognize your laws and then when you ask them to leave, they tell you that you no longer own the land?” I say, bravo to the Mohawks, it is about time the white man got a taste of his own medicine (WFP A12).

Friday, August 18^th: Indian Affairs Minister Jim Prentice: I am writing in response to an article published Aug. 17, 2006, (White men get a taste of own medicine) by Chief Terrance Nelson of Roseau River First Nation. Once again, the possibility of railway blockades was raised as a means of settling disputes. Let me state unequivocally that no one should resort to those kinds of threats to accomplish what Chief Nelson wishes to accomplish. I hope we can continue to work together in a manner that respects the laws of Canada and that does not harm third parties. In closing, I have been involved with First Nations issues in general - and claims in particular - for the larger part of my adult life. I intend to meet with chiefs and First Nations when needed to resolve difficult issues in a climate of respect and determination. Some past administrations have raised unreasonable expectations, only to disappoint First Nations over and over again. We intend to set objectives that can be accomplished and show tangible, measurable results as quickly as possible (WFP A15).

Ken Coates, professor of history at the University of Waterloo, and Greg Poelzer, professor of political studies at the University of Saskatchewan: The lingering dispute between the Six Nations band and the non-Aboriginal residents of Caledonia has shown that a different, more comprehensive and faster system for addressing Aboriginal claims and for mediating between the needs and aspirations of Indigenous and other Canadians is urgently required. It is time to recognize that the current model for resolving Aboriginal claims simply does not work (TStar A19).

Saturday, August 19^th: Columnist Lee Prokaska argued that as the Aboriginal standoff in Caledonia nears the six-month mark, it has become increasingly clear that governments are way behind the curve when it comes to Aboriginal land claims. If they are doing something right, those same governments are not showing much inclination to demonstrate that to the public. A vacuum in government leadership at both levels has been an issue from the start of the Caledonia situation. While Assembly of First Nations National Chief Phil Fontaine has urged calm, goodwill and meaningful negotiations, his organization appears not to be taking an active role in the dispute. And there is clearly so much work to be done (HS A23).

Monday, August 21^st: The Ontario government will start its legal fight Tuesday to resume land claim negotiations with Six Nations officials, after negotiations were halted two weeks ago by Superior Court Justice David Marshall. Lawyers from the Ministry of Attorney General will seek a stay of Justice Marshall’s ruling from a three-member panel of the Ontario Court of Appeal. The court proceeding is scheduled to begin at 10:30 a.m. at Osgoode Hall in Toronto (Daniel Nolan: HS A5).

The province of Ontario has initiated a 12-week, $210,000 print, television and radio marketing campaign, paid for by the province, to restore Caledonia’s image and bring tourists and shoppers back to the community (Jon Wells: HS A1).

Columnist James Rusk profiled Justice T. David Marshall of the Ontario Superior Court, giving special attention to his role in the Six Nations occupation of Caledonia, while also noting the influence that growing up in Haldimand County has had on him (G&M A9).

Tuesday, August 22^nd: Justice Marshall’s judgement goes before the Ontario Court of Appeal this morning. However, the case has taken an unusual twist as the actual court order arising from Justice Marshall’s original Superior Court judgement, read out in court Aug. 8, does not appear to prohibit negotiations (James Rusk: G&M A8).

Letter writer Edna Smith: The dispute in Caledonia is between the Six Nations and the federal government. So, why is the provincial government taking most of the heat for this situation? Had previous federal governments handled Aboriginal land claims in a more expedient manner, this situation would not have happened. Even worse, the Harper government appears to be taking a secondary role, content to pretend it is the provincial government’s responsibility to resolve the matter (HS A15).

Letter writer Brad Farmer: As if the Caledonia standoff or Ipperwash was not enough, the Aboriginal Canadian hijacking continues. First and foremost, Kahentinetha Horn says Canada has allowed Aboriginal land and resources to be stolen. I am stunned by her audacity. I suppose Ms. Horn could write the cheques, defend the country, pave the roads, grow the food and provide everything else for all Canadians (HS A15).

Letter writer Suzy Myskow: It is small-minded thinking expressed by Canadians like L. Grandmaison in his letter, “Law Must Be Enforced At Caledonia Site,” that is the real source of the conflict at Caledonia, and for that matter Ipperwash, Burnt Church, Oka and so on. Contrary to Mr. Grandmaison’s assertion that the peoples of Six Nations are a bunch of unruly anarchists, those peoples adhere to a specific code of conduct and being that simply happens to be different from Mr. Grandmaison’s (WStar A9).

Wednesday, August 23^rd: Negotiations to settle the Six Nations land dispute in Caledonia will resume almost immediately, the Ontario government said Tuesday, hours after an Ontario Court of Appeal panel said there was no legal basis to stopping the talks (James Rusk: G&M A8; Paul Legall: HS A4; CP: WFP A6; CanWest: WStar C1; Gaz A9).

Dennis Brown, a lawyer representing Attorney General Michael Bryant, told a panel of judges at the Ontario Court of Appeal that the Six Nations occupiers in Caledonia can legally remain on the land. Mr. Brown stated, “It is our view that they are not there unlawfully” (Jessica Leeder: TStar A4).

Catholic school board officials held a meeting at Notre Dame School in Caledonia to discuss with parents the Six Nations occupation of the neighbouring Douglas Creek Estates and its effects on students returning to class in September (Daniel Nolan: HS A4).

Thursday, August 24^th: Negotiations resumed Wednesday between Six Nations representatives and the government of Ontario, following a two-week break in discussions. Both sides discussed their respective versions of the history of the Plank Road agreement of 1841, when a large tract of Six Nations land was transferred to the government for the building of a public road from Hamilton to Port Dover (Paul Legall: HS A3; KWS 9).

Columnist Lee Prokaska: Negotiations are the only possible route to a solution to the Six Nations occupation of land in Caledonia. So it is a positive step the Ontario Court of Appeal has taken in ruling the talks between Six Nations and Ontario government representatives can continue (HS A17).

Saturday, August 26^th: The Ontario Court of Appeal has ruled that the provincial government can allow Six Nations occupiers to remain on the disputed Caledonia housing site. In a decision released Friday, the court dismissed an order by Superior Court Justice David Marshall that the occupation be brought to an end (Antonella Artuso: WSun 15, OSun 13, ESun 26, TSun 2, Ctz A9).

An eight-foot privacy fence and surveillance cameras will be installed at Notre Dame School to further ease parental concerns about their children being next door to a former housing site occupied by Six Nations (TStar A19, HS A8).

David Ramsay, Ontario’s minister responsible for Aboriginal Affairs, said “everyone agrees that both the federal and provincial government need to find a better way to handle land claims so they do not evolve into an occupation. The government settles three to four claims a year, but carries a backlog of about 65 legitimate claims. We need to find new ways to settle our land claim disputes” (KWR A19).

Alex Neve, secretary general for Amnesty International Canada: Aboriginal land and resource disputes are by no means an uncommon occurrence in Canada. The heated conflict at Caledonia is a clear reminder. Often overlooked, however, is that the disputes are not just about dollars and cents. At stake are essential human rights, protected in the Canadian Constitution and international law (TStar F5).

Monday, August 28^th: Six Nations Occupation

Ontario Progressive Conservative leader John Tory issued a letter to Ontario Premier Dalton McGuinty asking him to clarify his government’s position on how long occupiers can stay on the disputed Caledonia site without being evicted. A three-judge panel of the Ontario Court of Appeal ruled Friday that occupiers were not in contempt, following the July 5 sale of land from Henco Industries Ltd. to the provincial government. The judges rejected Ontario Superior Court Justice David Marshall’s order that occupiers had to be removed from the site to restore the rule of law in Caledonia. Mr. Tory also requested that the province create a set of conditions, including noise and nighttime activity restrictions, that should be followed as long as the land is occupied (HS A7).

Columnist Laura Thompson: On the surface, everything appears normal in Caledonia. But if you take a closer look, you might see a little boy building a blockade at the end of his driveway. Or notice how back yards resemble battlegrounds. Six months after Aboriginal People moved onto a housing survey near the Grand River, peace has become fragile. The dispute has created a brutal divide between Caledonia and the Six Nations reserve. It has fundamentally changed the way people on both sides look at their own communities and each other (HS A7).

Tuesday, August 29^th: Ontario PC MPP Toby Barrett said during a press conference Monday that organized criminals are behind the land occupation in Caledonia. Mr. Barrett also stated he has personally been threatened because of his involvement in the dispute as MPP of the Haldimand-Norfolk-Brant riding. However, in a statement issued later in the day, Mr. Barrett backed away from his comments. Six Nations spokeswoman Janie Jamieson dismissed Mr. Barrett’s comments, while Ontario Aboriginal Affairs Minister David Ramsay accused Mr. Barrett of “fear-mongering” and jeopardizing the town’s fragile peace (April Lindgren: EJ A9, WStar C1, Gaz A12; Antonella Artuso: TSun 10, OSun 10; CP: VProv A8, LFP B4; NP A10, Ctz A5, KWR A3).

After backing away from his earlier comments, Mr. Barrett said local residents have told him questionable things have been going on around town since the occupation began. Mr. Barrett said there have been sightings of the Hells Angels in Caledonia (Daniel Nolan: HS A4).

Ottawa Citizen editorial: The reprieve an appeal court gave the Ontario government over the Six Nations occupation in Caledonia is only partly a blessing. It is also a challenge to Premier Dalton McGuinty to decide how much Aboriginal resistance he is prepared to ask Ontarians to accept. Civil disobedience can not be allowed to cross the line into political violence, and certainly not to shape public policy for a government afraid to stand up for what is right. Mr. McGuinty needs to know where his government's limit is, and to act decisively when that limit has been reached (Ctz B4).

John Tory, Ontario PC Leader: Monday marked the six-month anniversary of the stand-off in Caledonia. And whatever the merits of the competing claims, it has become increasingly threatening to Aboriginal and non-Aboriginal people alike. By showing some leadership and insisting on minimum standards of behaviour as a precondition to negotiations, Ontario Premier Dalton McGuinty would only be inciting people to do what is right. Mr. McGuinty should encourage everyone to uphold and promote respect for our laws and the cherished processes we have in place to deal with them (NP A16).

Wednesday, August 30^th: Six Nations occupiers are appealing for food and lumber donations to finish about a dozen homes on the disputed Douglas Creek Estates in Caledonia so they can be used during the winter months. The appeal outraged Haldimand Mayor Marie Trainer, who said work on the homes would violate the Ontario Building Code, but Six Nations spokesperson Janie Jamieson said title has not been settled. Meanwhile, provincial negotiator Jane Stewart and her team from the Ministry of Aboriginal Affairs is knocking on doors of Caledonia residents seeking input on the impact of the occupation (Daniel Nolan: HS A7; Chinta Puxley: TSun 23, KWS 15; CP: HDN 9, CG A5, WFP A3; HCH A6, LFP A7, WSun 20; WStar B1, NBTJ A7).

According to information obtained through Freedom of Information requests filed by the Hamilton Spectator, Jane Stewart, the Ontario government’s lead negotiator in the Caledonia land claim dispute, receives $1,300 a day, and has a $30,000 available for expenses. Hazel Hill, a Six Nations spokesperson, criticized the way money flows so freely from government coffers for non-Aboriginal people (Marissa Nelson: HS A1).

Columnist Kevin Cavanagh: MPP Toby Barrett’s comment about the Caledonia situation looks like a poor attempt to gain political advantage from public anger. Given the tension and volatility of Caledonia these days, it is shameful for anyone, especially politicians, to walk around lighting cheap matches (HS A17).

Thursday, August 31^st: Ontario Premier Dalton McGuinty said Wednesday it is “not acceptable” for Six Nations occupiers on Douglas Creek Estates to complete the homes whose construction they disrupted, then stay in them for the winter. Haldimand County Mayor Marie Trainer said she would ask Mr. McGuinty’s office to keep the occupiers from finishing the houses without securing proper permits and letting building inspectors view the site. Six Nations spokeswomen Janie Jamieson and Hazel Hill said the occupiers at the site have discussed resuming construction for some time, and some are already using the partially built homes for shelter. Meanwhile, federal negotiator Jane Stewart said Wednesday night in regard to her salary she did not know how many days she has worked on the Caledonia file since she began it, but said the salary rate came from the Ontario government (Kelly Patrick: NP A1, Ctz A4; CN: WStar A6; CP: HCH A4, LFP A9; G&M A7).

Three people were injured in a fire last night in an unfinished home on the Douglas Creek Estates site. Six Nations Fire Chief Michael Seth said the injured were people on the site who suffered smoke inhalation and were taken to hospital (Marissa Nelson and Daniel Nolan: HS A1; CP: TSun 31; TStar A12).

Some two dozen clergy and Aboriginal representatives took part in an Interfaith Healing Gathering in an attempt to bring the disputing sides together Wednesday (Sharon Boase: HS A3).

Columnist Christina Blizzard: The ongoing protest mocks the entire provincial land registry system. Can you be sure you own the land you thought you had title to if the courts refuse to uphold court orders? Mr. McGuinty’s handlers are trying to paint him as “Mr. Ontario” and “Mr. Personality.” Sometimes, though, the way you judge a person’s character is by how they stand up to bullies. On Caledonia, we are talking McChicken (OSun 13, TSun 21).

Columnist Paul McKeever: Premier Dalton McGuinty’s decision to refrain from direct involvement in the Caledonia standoff offers a glaring opportunity to challenge his leadership, but PC leader John Tory is not doing so. The only way for the PCs now to distinguish themselves from the Liberals is by demonstrating that Mr. Tory’s leadership is somehow better than Mr. McGuinty’s. That effort will fail so long as the party’s strategy requires Mr. Tory to tow Mr. McGuinty’s line in response to crises like that at Caledonia (TStar A21).