Judge hears requests for flexibility on Caledonia injunction

An Ontario judge heardrequests in court Monday for flexibility regarding his orders to remove protesters from disputed land near Caledonia

Superior Court Justice David Marshall was expected to decide whether the injunction ordering native protesters off disputed land in the southern Ontario town of Caledonia should be lifted in light of the province's purchase of the disputed land.

He reserved his decision on the injunction, but warned that democracy is at stake if the order is not followed.

Marshall said he is angry police have not acted on his orders to end the aboriginal occupation of the subdivision near Hamilton,but lawyers for the Ministry of the Attorney General argued there's no evidence police have neglected their duty.

The judge also said the situation in Caledonia has gone beyond the original injunction to continuing and open contempt of court that began when his orders to vacate the land were ripped up and burned by protestersin March.

That contempt of court continues to this day with the protesters still on the disputed land, he said.

Province does not seek removal of protesters

The injunction was issued March 22 at the request of the then owner of the land, Henco Industries.

Since the land in question was recently sold to the province for more than $12.3 million, the injunction could be nullified on that basis.

Ontario Minister of Aboriginal Affairs David Ramsay said earlier in the day that the province is not seeking the removal of the protesters, who have remained on the land despite Marshall's order to leave.

"The original injunction was sought by the past owner of the property. The government is now the owner and we're not seeking an injunction," said Ramsay.

A lawyer representing theprovince'sMinistry of the Attorney General said the government is seeking compliance with the rule of law through negotiations and called for flexibility in the application of law.

Marshall countered that even if the Ontario government allows the protesters to continue occupying the land, the province cannot allow mayhem on the property.

Monday's session in the Cayuga, Ont., court was the fourth time Marshall has brought together all sides affected in the dispute over the occupation of the Douglas Creek Estates housing development.

In the last court session on July 5, Marshall called the failure to obey his injunction "outrageous," and stated he intends to enforce a penalty for contempt of court.

Protesters have occupied the subdivision since Feb. 28. The Six Nations community claims the land was illegally taken from them 200 years ago.