[Toronto] Demonstrate in Support of Six Nations' Struggle for Land and Sovereignty

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MONDAY SEPTEMBER 25: ONTARIO COURT OF APPEAL TO RULE ON MARSHALL DECISION

COME OUT IN SUPPORT OF FIRST NATIONS' STRUGGLE FOR LAND AND SOVEREIGNTY

GATHERING IN SUPPORT OF SIX NATIONS AND GRASSY NARROWS
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Please join us:
Monday, September 25, 2006:
Queen’s Park
12 noon

Speakers will include:
Chrissy Swain, Grassy Narrows
Zainab Amadahy, Indigenous Caucus of the Coalition in Support of
Indigenous Sovereignty

WHY MONDAY SEPTEMBER 25th?

On Monday, September 25th, the Ontario Court of Appeal will revisit the ruling made by Justice Donald Marshall on August 8, 2006. In his ruling, Marshall stated that the government should refuse to negotiate with native leaders until court orders are respected, all contempt charges laid in the early spring are enforced, and the land reclamation has ended. As part of his order, Marshall stated an injunction obtained by Henco Industries in March would not be dissolved until people were removed from the site, part of ‘Douglas Creek Estates’.

The Attorney General of Ontario promptly filed for an appeal of Marshall’s decision. On August 22nd, the Ontario Court of Appeal stayed the decision, pending a full appeal. On Monday, this appeal of Marshall’s order will be heard. The proceedings are scheduled for two days, and a decision is expected on Tuesday, September 26

During the August 22nd court proceedings, a three-judge panel of the appeal court did rule that a contempt order against the people of Six Nations reclaiming the land now called Kanonhstaton (The Protected Place) ran out on July 5, when the province bought the Caledonia property from Henco Industries Limited.

“The province owns Douglas Creek Estates,” the panel wrote. “It doesn’t claim the protesters are on its property unlawfully. It is content to let them remain. We see no reason why they should not be permitted to do so.” The judges rejected Ontario Superior Court Justice David Marshall’s opinion that people had to be evicted from the site, in order to restore the rule of law in Caledonia.

The aboriginal protesters occupying a disputed land development site on the edge of Caledonia “are not there unlawfully,” a lawyer for the province told the Ontario Court of Appeal in August. The negotiations, which began again on September 11th, went ahead without fear that any party to them—the federal and Ontario governments, the elected chiefs of the Six Nations or the traditional band council—would be found in contempt of court.
In fact, the Court of Appeal found in August that the court order arising from the judgment, signed by Judge Marshall, made no mention of the negotiations.

“As events turn out, what Justice Marshall said is nothing more than an expression of his opinion,” said Chief Justice Dennis O’Connor. “There is no legal effect.” But lawyers for Ontario’s Ministry of the Attorney General wanted the Appeals Court to stay the order anyway, to clear up any confusion over the ruling.

The court proceedings on Monday will finally resolve what impact, if any, the Marshall decision can have on the people of Six Nations and the talks that continue between representatives of their Nation and Canada. Come and stand with us on Monday, to show our support for the continued and resilient resistance of the Six Nations people. Come out to show your recognition for the demand of the Onkwenonweh people that: “In order to resolve the outstanding land issues concerning Onkwehonweh Territories including the Haldimand Tract, full negotiations with the Six Nations people, on a nation-to-nation basis, must continue”.

Please join us:
Monday, September 25, 2006:
Queen’s Park
12 noon

Speakers will include:
Chrissy Swain, Grassy Narrows
Zainab Amadahy, Indigenous Caucus