Mainstream Media July 2006

July, 2006

Monday, July 3^rd: Canada Day celebrations in Caledonia went smoothly over the long weekend, despite fears of a possible confrontation. A heavier provincial police presence was planned in anticipation of a possible repeat of the violent Victoria Day weekend clashes between aboriginal protesters and Caledonia residents at the now dismantled barricade (HS A4).

Tuesday, July 4^th: Aboriginal artists and musicians raised more than $22,000 to support the Caledonia occupation through a concert last month (HS A5).

Columnist Claire Hoy: By using millions of taxpayer dollars to buy the disputed property in Caledonia, Ontario Premier Dalton McGuinty and Aboriginal Affairs Minister David Ramsay, et al, may have temporarily eased the tensions in the dispute sparked by the Six Nations blockade of the main highway through the town. Mr. McGuinty has also set the stage for a dangerous precedent by trying to buy off disgruntled Natives rather than abiding by the established rules of law and order to settle a dispute. This is a situation which would definitely not occur if any other group in society were flouting the law in such a public way (WStar A6).

Lorrie Goldstein, in a tongue-in-cheek column on gun control, wrote that in arguments in support of gun control Mr. McGuinty asserts the vital importance of setting an example by maintaining law and order in society – except in Caledonia (TSun 17).

Wednesday, July 5^th: The Ontario government has finalized a deal to buy the disputed land in Caledonia. The announcement is expected today during the third appearance of involved parties in the courtroom of Justice T. David Marshall of the Ontario Superior Court. With the purchase, it is expected that Mr. Marshall will be told that the original injunction filed on behalf of the original owners has lapsed. As well, with trains now running down a previously blocked line, that injunction is in abeyance. A contempt-of-court order against the occupiers is the only remaining item to be enforced and it is unlikely the judge will order the police to do so. It was suggested that the occupation could end if the Aboriginal occupiers decided that it would further a resolution to continue negotiations among Ottawa, Queen's Park and the Aboriginal community aimed at settling basic issues. But, one source said that would not be an easy decision, as the continuing occupation is now seen as a way of pressing government (James Rusk: G&M A11).

Thursday, July 6^th: Henco Industries Ltd. has agreed to sell the Douglas Creek Estates property to the province for $12.3 million. The property will be held in trust by the province while negotiations continue to settle the dispute (CP: WStar A10, VSun A8, VTC A5, TSun 44, OSun 8, KWR A1).

Justice T. David Marshall of the Ontario Superior Court said that the continued occupation by Six Nations residents means the rule of law has not been restored in Caledonia. The judge ordered parties to return to court on July 24. The judge reserved his ruling on a request that an injunction against the occupiers be dissolved (James Rusk: G&M A8; Paul Legall: HS A4).

Lawyer Ed McCarthy, speaking on behalf of the Haldimand Law Association, urged Justice Marshall to take “serious steps” to end the occupation. Mr. McCarthy said that occupiers’ activities have had “serious effects” on non-Aboriginal residents in the neighbouring area. Mr. Marshall made clear that his earlier contempt-of-court ruling still stands. Charlotte Bell, a lawyer for the federal attorney general, told Justice Marshall that negotiations are going well (Jessica Leeder: TStar A8).

Saturday, July 8^th: A petition demanding that the head of the Ontario Provincial Police be immediately fired for her handling of a sometimes-violent ongoing land-claim dispute in Caledonia has begun circulating on the Internet. The allegations against OPP Commissioner Gwen Boniface stem from a five-month Aboriginal protest over a disputed parcel of land that was under development on the edge of Caledonia, a town of about 10,000 south of Hamilton (Jessica Leeder: TStar A19).

Kitchener-Waterloo Record editorial: The protesters who still occupy the property in Caledonia do not believe that they need courts or peaceful negotiations to get what they want. They are willing to ignore the laws of Ontario, laws which many of them say do not apply to the Six Nations. They are ready to arbitrarily apply rules of their own and enforce those rules with violence. In doing this, they have shown their contempt for the laws of Ontario and for the democratically elected government that makes those laws and is given the sacred trust of upholding the rule of law (KWR A16).

William Morin, First Peoples National Party of Canada: The history of Aboriginal Canadians is one of continued ignorance of our history by the general public, and the systemic bias and exclusion of Aboriginal Peoples from decisions that affect us. Like the women and children who prepared to leave the “war zone” of the Mohawk communities near Montreal on July 11, 1990, Caledonia echoes again the historical ignorance of the issues. All Aboriginal people continue to live in a war zone daily if the ignorance continues (WStar A9).

Monday, July 10^th: A petition demanding that OPP Commissioner Gwen Boniface be fired for her handling of the ongoing land-claim dispute in Caledonia has begun circulating on the Internet (CP: WStar B1).

Members of the OPP professional standards bureau are looking into the conduct of police officers outside the barricades at the occupation site in Caledonia (John Burman: KWR A2).

Tuesday, July 11^th: Members of the OPP professional standards bureau have been looking into the conduct of police officers outside the barricades at the Six Nations occupied Douglas Creek Estates. Officers with the bureau have contacted people they believe have information about several violent incidents in which witnesses complained OPP officers stood by and did nothing. OPP Commissioner Gwen Boniface told reporters that she is proud of her force, and defended it against accusations police have treated Native occupiers differently throughout the sometimes violent standoff. A police bureau spokesperson told reporters that the bureau would not comment on its investigation (John Burman: HS A2; Richard Brennan & Jessica Leeder: TStar A4).

The Kingston Whig-Standard printed an editorial previously published in the Belleville Intelligencer: “It is no secret OPP officers, among themselves, now refer to Caledonia as "Cashedonia" for the easy and lucrative overtime they can compile. How long is the province prepared to let the police overtime meter run and the patience of the courts and nearby residents run out?” (KWS 4).

Wednesday, July 12^th: The front barricade at Douglas Creek Estates is down and the province has confirmed it has an agreement with the builders who had a stake in the subdivision. Spokesperson for the Six Nations occupiers, Janie Jamieson, said anyone who “comes in peace” can enter the site. She said taking the barricade down makes entering the site more convenient for the occupiers and serves as a sign to town residents that there is no reason to feel intimidated. Ken Hewitt, spokesperson for the Caledonia Citizens Alliance, said the move does nothing to ease tensions in the town (Marissa Nelson: HS A5; CP: LFP B2, OSun 16).

Thursday, July 13^th: The province has increased its help for business owners in Caledonia to include wages and they have added an extra month of assistance. Ken Hewitt, a member of the Caledonia Citizens Alliance, said he was told of the additional aid during a meeting with three provincial ministers (Marissa Nelson: HS A4).

Friday, July 14^th: About 150 people attended a meeting to discuss joining a class-action lawsuit against the County of Haldimand, OPP Commissioner Gwen Boniface and Haldimand OPP detachment commander Brian Haggith for not stopping occupiers from blocking Argyle Street and the Highway 6 Bypass. The province has also been notified it will be named in the suit. The lawsuit alleges the county, OPP officials and the province broke laws by allowing the blockade and allowing damage to be done to a power transformer as well as failing to uphold court injunction (Daniel Nolan: HS A8).

The occupiers have put up a buffer zone between themselves and a string of houses in a neighbouring subdivision in an effort to ease tensions with Caledonia residents. Spokesperson Hazel Hill emphasized, “We're here in peace” (Daniel Nolan: HS A8).

Saturday, July 15^th: Kitchener-Waterloo Record Editorial: If governments can come up with $12.3 million for 600 plots of land in just 130 days for land claimed by non-Aboriginal people, imagine the full value of the Six Nations claim, where over 1,000 such thefts occurred from Lake Erie up to Elora, the true fair value is in the billions and these “reparations” must be paid. If First Nations citizens cannot get justice from the very governments who have a fiduciary obligation to protect them, then where can they go and what should they do? Caledonia is but one answer (KWR A18).

Tuesday, July 18^th: The Ontario Provincial Police Association is trying to shut down a controversial website featuring poster-style photos of individual officers depicted as, “Wanted for not doing their jobs” in Caledonia. Website owner Gary McHale told The Spectator on Monday that the posters are intended as a comment on the OPP handling of the Douglas Creek Estates land claim, and were meant to “get their attention.” According to Mr. McHale, there has been “a complete failure of the OPP to enforce the Criminal Code.” Megan Shortreed, legal counsel for the OPPA, advised website provider “Bluehost” on July 10 that it could be a defendant in a lawsuit for defamation if it did not provide the name of the website owner. In a telephone interview, Mr. McHale stated that Bluehost, “is satisfied that I can be reached and they have not shut me down or given my name.” Ms. Shortreed acknowledged Monday that Mr. McHale’s website is still in operation. Ms. Shortreed said that the OPPA would take “other measures” to deal with the site, but would not say what. Ms. Shortreed pointed out that, “This is a civil matter,” adding she could not discuss details of the OPPA’s concerns (John Burman: HS A5).

Wednesday, July 19^th: Columnist Lee Prokaska: It has been clear for several months that many non-Native Caledonia residents are angry about the perceived inaction of the OPP in the occupation of Douglas Creek Estates. Public criticism of a police force is justified, as is public criticism of decisions, orders or opinions of a police commissioner or chief. However, it is not fair to shine a public spotlight on individual officers who likely have no input into the decision-making process, as Gary McHale has done. The OPPA has a duty to advocate for and protect its members and is justified in its concern about his website posters. The issue that offends the OPPA most can be handled without closing down the website. Certainly, the OPPA should work for its members to get the offending “wanted” posters removed from the website because they are unfair. But trying to close down the whole website because it is controversial is as unfair as the posters themselves (HS A17).

Thursday, July 20^th: The OPP are seeking two men charged in last month’s attack on a Hamilton cameraman at the site of the Six Nations occupation in Caledonia. Frank Burning and Ron Gibson are charged with the assault of Nick Garbutt, a cameraman from CH-TV in Hamilton. Mr. Gibson is also charged with robbery after a camera and tripod were allegedly stolen from another member of a television crew (Marissa Nelson: HS A5; CP: G&M A8).

Friday, July 21^st: Kingston Whig-Standard editorial: Does OPP Commissioner Gwen Boniface think we are all stupid? Ms. Boniface told the Toronto Star recently that Native occupiers who blocked a highway in Caledonia for several weeks, delayed a development and even dug up sections of pavement, were not treated differently because they were Native. If that is true, then the next time a group of citizens is involved in a land dispute, it may block a highway for weeks, even dig up parts of it, to express displeasure, and the OPP will take no action. Sure. There is nothing wrong with the Commissioner saying that the force’s priority was to avoid bloodshed, but let her stand on the merits of that decision. Do not insult us by suggesting special treatment was not applied (KWS 6).

Monday, July 24^th: Six Nations protesters blocked the construction of a high-voltage power line necessary to deliver imported power to southern Ontario in the event of a shortage. The line was to be completed this month, but the occupiers are claiming it passes through disputed land. Haldimand County Mayor Marie Trainer said she is concerned that without this line to bring imported power there will be shortages of electricity (Richard Brennan: TStar A16).

Organizers of the Grand River Pow-wow tried to keep the event non-political, although the occupation in Caledonia was on the minds of many attendees. Organizers said they did not expect incidents related to the dispute (Paul Choi: HS A6).

Susan Clairmont: A local OPP officer said he is ashamed of the two-tier justice system that has cops treating Aboriginal people differently from non-Aboriginal people. He said the people of Caledonia should feel let down by the OPP. The officer said residents of the area have lost respect for the OPP. He said that when the protests finally stop it will be the local cops who set about the task of rebuilding the cultural bridges that have been torn apart (HS A2).

Tuesday, July 25^th: Ontario Superior Court Justice David Marshall listened to legal arguments Monday after again demanding to know why his orders to have First Nations occupiers removed from the Douglas Creek Estates have been “blatantly disregarded.” Lawyers representing Six Nations, the government of Ontario, and others, told Justice Marshall on Monday that pursuing criminal contempt charges for not enforcing the court order would undermine negotiations to end the dispute and disrupt a fragile peace. Lawyers for the Ministry of the Attorney General argued Justice Marshall’s orders have been carried out, noting police have laid 53 charges against 28 people. However, Justice Marshall argued that his orders have been ignored and the integrity of the court and rule of law are under attack (CP: EJ B6, WStar B7, G&M A9, RLP A8, KWS 10, LFP B4, TSun 23, OSun 10, KWR A3; Chinta Puxley: WFP A7, HCH A8).

Lawyer Ed McCarthy, speaking as a representative of the Haldimand Law Association, told Justice David Marshall in Ontario Superior Court on Monday that he needed to take matters into his own hands to ensure an end to the occupation (Paul Legall: HS A3).

In response to continued Six Nations blockage of the construction of a new high-voltage power line, Terry Young, a spokesperson for the organization that regulates the flow of power through the grid, argued the new transmission capacity is crucial to meeting Ontario’s long-range needs (Allison Hanes: NP A4).

Ottawa police have been asked to investigate the actions of OPP officers after a television crew was assaulted during the Six Nations occupation in Caledonia last month. At the request of OPP Commissioner Gwen Boniface, Ottawa police agreed on Monday to take over the investigation which will focus on how police reacted to a June 9 attack on two CHCH-TV cameramen (Tobi Cohen: OSun 10).

Wednesday, July 26^th: Beverly Jacobs, president of the Native Women’s Association of Canada and a Six Nations negotiator at Caledonia, was one of five First Nations leaders who met with Premiers at the annual Council of Federation meeting on Tuesday. Following the Premiers’ meeting, Ms. Jacobs said that Aboriginal youth are impatient with the pace of change, and unless governments are seen to be making progress on important issues such as the Kelowna Accord to end First Nations poverty, we can expect to see more Caledonia-style conflict in the future (Antonella Artuso: TSun 36).

OPP Commissioner Gwen Boniface announced this week that Ottawa police would investigate the actions of provincial police officers during an assault on two TV camera operators at the Six Nations occupation site in Caledonia (Ctz B3).

Globe & Mail editorial: With estimable persistence, despite the discouraging words of virtually every party to the Caledonia dispute, Ontario Superior Court Justice David Marshall has continued his quest to know why contempt-of-court charges have not been enforced. Judge Marshall deserves credit for raising inconvenient and principled questions that affect everyone (G&M A16).

Thursday, July 27^th: Residents in Caledonia criticized Ontario’s community safety minister, Monte Kwinter, after he claimed that the Six Nation occupation is a “symbolic” one. Mr. Kwinter said the province is seeking a “long-term resolution” to the dispute (CP: Chinta Puxley: WStar B1, OSun 19, TSun 18, KWS 12, KWR A3).

Ken Hewitt, president of the Caledonia Citizens Coalition, commented: “(Mr. Kwinter) has absolutely no idea what's going on down here. ... I recommend he come visit Caledonia for himself before he makes such a ridiculous statement” (Paul Morse: HS A7).

London Free Press editorial: Would Caledonia residents be granted the leniency accorded to the occupiers if the roles were reversed? We ignore the principles of justice at our peril (LFP A10).

Saturday, July 29^th: Negotiators trying to find a resolution to the Caledonia dispute believe they have made progress with the creation of “side tables” to deal with specific issues. The negotiations were set up in May shortly after a failed OPP raid on the Douglas Creek Estates and involve federal representative Barbara McDougall, provincial representative Jane Stewart, and chiefs from the Six Nations Confederacy. They announced Friday they have split four issues away from the main negotiations. They hope this will allow them to better manage these issues and move forward to a consensus (HS A5).

Ontario Provincial Police Commissioner Gwen Boniface, who has been under the spotlight for her handling of the ongoing Aboriginal standoff in Caledonia, Ont., is leaving for a position in Ireland. Ms. Boniface will continue as OPP commissioner until early October to ensure a smooth transition (EJ A5).