Dispute over Land Back Lane injunction in Caledonia heading back to Ontario court

The developer behind a now-cancelled Caledonia, Ont., subdivision has renewed efforts to secure a permanent injunction against people from Six Nations who have been occupying the site for more than 20 months.

A representative for Foxgate Development — a joint venture between Losani Homes and Ballantry Homes — said its lawyers have been granted a two-day hearing in September.

"Yesterday the court reset the timeline to Foxgate's application for a permanent injunction," chief legal officer William Liske wrote in an email to CBC on Wednesday.

Land Back Lane spokesperson Skyler Williams responded to the return to court by saying it represents a failure of leadership from the provincial and federal governments.

"The peaceful path forward does not include courts and cops," Williams said in a media release dated March 17.

The developers had planned to build more than 200 residences at the location they called McKenzie Meadows.

But work at the site came to a halt more than a year ago after activists claimed the land was unceded Haudenosaunee territory, and renamed it 1492 Land Back Lane.

The Six Nations-led group has erected several buildings and has been occupying the site ever since.

Dozens of demonstrators were arrested in the months that followed and there were violent clashes with police.

As part of legal action, the developers sought an injunction to bar activists from the site and prohibit them from blocking area roads.

Justice R.J. Harper granted the injunction, but in December 2021, Ontario's highest court ruled he had denied Williams an opportunity to be heard.

The Appeal Court found the proceedings were unfair, and set aside the permanent injunction barring access to the site.

'Disgusted' at province, Ottawa

Williams pointed to government inaction as the reason the court process is ongoing.

"I am disgusted at how elected officials have dragged their feet, refusing to live up to their obligations under the treaties between our nations and their roles within their government," he stated in the Land Back Lane media release.

Williams has until April 29 to submit materials and the hearing will take place on Sept. 12 and 13, according to Foxgate.

"The injunction was never dismissed," wrote Liske in his email. "An interim injunction remains in place and has always remained in place."

The re-hearing of the injunction will abide by the Appeal Court ruling and give Williams a chance to participate, he added.

"Foxgate has never opposed Mr. Williams's participation or his raising of issues related to the role of the federal and provincial governments."

Land Back Lane said Williams will be represented by Aliah El-houni and Sima Atri, two lawyers with the Community Justice Collective.

Its website says the collective provides legal services for social movements fighting criminalization, exploitation and racism in the Greater Toronto Area.

"Injunctions are disproportionately used to remove First Nations people from their lands," read a statement from the lawyers.

"Six Nations people and their allies are fighting that injustice on the ground, and we will do the same in the courtroom."