tango

Since the beginning, Six Nations has insisted that by Canadian law, Caledonia/Haldimand and Brantford must consult with them before approving and launching construction projects on land under claim. Now that the case has finally made it into court, it appears that the judge agrees: Province ordered into land dispute March 16, 2009 THE CANADIAN PRESS BRANTFORD (Mar 16, 2009) The province has been ordered to join a court action to be heard in the city this week about the ongoing push for an injunction against aboriginal protesters. Protesters have said development is happening on their traditional lands and they've blocked companies from doing work. Tomorrow, court will hear arguments on how the province should get involved. Justice Harrison Arrell has already suggested that he's considering a court-mandated consultation process that would force the parties to negotiate a settlement with one another. Brantford has been pushing for a long-term injunction against protesters and has filed a $110-million court action against some of them. Liberal MPP Dave Levac says the province is ready to enter negotiations with the court and is a willing participant. http://www.thespec.com/News/Local/article/530826 Judge favours forcing two-month dialogue INUNCTION HEARING: Provincial representative shows up at action over Six Nations protests Posted By SUSAN GAMBLE, EXPOSITOR STAFF Updated 2 hours ago A representative of the province finally showed up Tuesday at the hearing into the city's push for an injunction against native protesters. Last week, Justice Harrison Arrell ordered the province to join the court action initiated by Brantford. He said his inclination is to force Brantford, Ontario and Six Nations into a two-month consultation process to try to work out the problem of protests at development sites around the city. But lawyer David Feliciant, representing the Ministry of the Attorney General, came to court only to press for more time, suggesting he be granted two weeks to get clarification from those he represents and work out a submission to the judge. A number of the lawyers for native defendants objected to that idea, suggesting the province has received copies -- and plenty of warning -- about what was happening. Judge Arrell was disinclined to slow the process, noting that, after this week, future hearing dates are set for May and he wants a consultation report back from the group by that point. "I'm prepared to give you some time," allowed the judge. "I'll expect you back on Friday morning." http://www.brantfordexpositor.ca/ArticleDi....aspx?e=1483024

It would be nice if people had something intelligent to say about the topic, instead of making up partisan drivel. Pretty obvious what they're paid to surf the net for, and by whom.

You Lib-Con propagandists are too much! Enough already! It's about the DUMP!

Yes. But the judge is reluctant to dismiss the injunction, as he should. So he'll likely adjourn the proceedings, with mandatory consultation among all parties. The feds will likely be involved to present their information on the strength of the claims, though the claims won't be decided at that table. The provincial/municipal consultation table will focus on whether, where and how development proceeds/not, revenue sharing, and maybe other partnerships.

The Amicus emphasized that the injunction could, should be dismissed. I expect that would be appealed by the City. All of the alternatives involve consultation for accommodation of Six Nations rights on the land. It's the question of the injunction/permit freeze that has the Judge stumped. There was an impasse in court over development, specifically permits, should continue, Six Nations objecting. The Judge doesn't want to 'freeze' permits, but as you pointed out the bureaucrats may have no choice, due to the constitutional issue. If they go ahead anyway and the developments are predictably stopped, as the other developments already are, they can be sued by the developers with the permits, because they had knowledge of the legal obstacle. Just like Kingspan has a good case because Brantford had knowledge of Six Nations objections prior to the closing date. Brantford is pushing it to the wall. The wall isn't moving.

Oh ya ... and Tory would have been sooooo much better! right

Province ordered to join court action INJUNCTION HEARING Posted By SUSAN GAMBLE, EXPOSITOR STAFF Justice Harrison Arrell ordered the province to join the court action that's part of Brantford's ongoing push for an injunction against native protesters. Lawyers for all others involved in the motion consented to the judge's order Friday. When lawyers for Ontario show up March 17, the judge plans to hear from everyone about how the province's involvement will play out. "Provincial participation will be determined after hearing submissions from all parties," Arrell said. He has already warned the city and Six Nations that his inclination is to order a court mandated consultation process that will force the parties to negotiate a settlement with one another. The city has been pushing for a long-term injunction against native protesters at development sites in Brantford, and have filed a $110-million court action against some of the protesters and the Haudenosaunee Development Institute. Brant MPP Dave Levac said the province will be fine with the judge's order. "We're ready to enter into negotiations at the level the judge is talking about," Levac said Friday. "We're already talking about a memorandum of understanding so I don't see why we wouldn't be a willing participant." Earlier this week, Levac opposed a private member's bill from MPP Toby Barrett, pushing for an inquiry into protests in Caledonia. Levac called the bill ill-advised and said it's premature to insinuate an injunction is an appropriate way to deal with protesters at this time. On Thursday, the judge and the lawyers involved pondered how a mandated consultation could proceed. They made suggestions about how long it might go on, how often they'll return to the court for guidance, who will pay if a negotiator is needed and what kind of provision will be included for emergency flare-ups. Arrell said he's likely going to have consultations include some future development and is unlikely to freeze development until a decision is reached on the injunction. "For you to tell me 'no permits' until I reach my decision is not feasible," Arrell told Lou Strezos, the lawyer for the Haudenosaunee Development Institute. "What I'm trying to do now is simply strike a balance. "You talk, Mr. Strezos, about a lot of good faith. I'm going to order (your clients) to consult and I'm going to order you people to try and settle this and if you don't settle it, you come back to court." The hearing continues Tuesday at 11:30 a. m. in Superior Court. The best outcome, of course, is that Brantford does not continue to attempt to use force of injunction, police or the "army on standby" as requested. Instead, they will have to consult with Six Nations about the developments in Brantford on land in dispute, as they are legally required to do. Factum of the Amicus See para 187+ re legal responsibility of municipalities re 'duty to consult': http://www.scribd.com/doc/13041574/Factum

Well here's a hint: It's considered polite here to stick to the topic - ie, not derail the thread. Injunction hearing resumes tomorrow morning in Brantford Superior Court.

Answer: Yes I don't see any great groundswell of opposition. I think it's about 50-50 and not likely to be a problem.

unh ... let's see ... when assholes stop punching women in the face and other assholes stop making excuses for them, or blaming the victims?

She's thinking "He loves me so much it made him crazy, and he proved it ... proved his deep deep love for me!" I hope she enjoys her short-lived power trip ... till the next time!

(i) imprisonment for a term of six months if the number of plants produced is less than 201 and the production is for the purpose of trafficking, Thanks for clarifying that. My 'public relations' campaign still makes sense, however, since it is still stupidly illegal. Stay tuned ... 'grandmas for ganja' is an emergent phenomenon.

Harper last week warned that opposition refusal to approve creation of the fund would constitute defeat of his minority government. "These are confidence measures. We are not messing around with this," the prime minister said. "If the opposition doesn't like it, they will find themselves in an election." Harper hasn't learned a damned thing. He still doesn't get it that to remain in power, he has to have the confidence of the house and Canadians. He acts as if it's all about his political shenanigans instead of governance. Oh well, the more he screws up, the quicker we will be rid of him. Spring is good! Let's see ... AdScam involved about $100m. Now Harper wants to dole out $3b to his supporters without an accounting? I don't think so!

Oleg sometimes your posts are insightful, and other times they add absolutely nothing to a discussion.

To be fair, it wasn't the headscarf (hijab) but the face covering (niqab) that was the issue. I wonder ... was she wearing the niqab when she was sexually assaulted? :angry:

OTTAWA — As he warned the West against giving up on his country "halfway," Afghanistan's envoy to Canada said Friday he disagreed with Prime Minister Stephen Harper's suggestion the Taliban insurgency cannot be defeated. http://www.calgaryherald.com/news/firmly+b...2230/story.html

Link to Amicus report to Brantford Superior Court. This is an independent research report commissioned by the judge to the court. Amicus/Factum I recommend reading the last few paragraphs - Summary of the position of the Amicus.

Alberta mother prays for baby son injured in foster care Last Updated: Friday, March 6, 2009 | 4:20 PM MT CBC News The mother of a 15-month-old Alberta boy who was seriously hurt at his Strathmore foster home this week says doctors have told her he may die from his injuries. "They say if he does make it, he won't be the same — he'll have cerebral palsy because he has so much trauma to the head," the mother told the media Friday outside Calgary's Alberta Children's Hospital, where her baby remained in critical condition. "All we are doing right now is praying for him," she said. The mother, who is from the Tsuu T'ina First Nation, said her only other child, a daughter, had been in the same foster home, but she was removed after her son was admitted to hospital on Monday. http://www.cbc.ca/canada/calgary/story/200...ster-child.html I think we need a full accounting of children dying, injured, missing/unaccounted for in CAS or CCAS care.

Whats the difference between ganja and alcohol? The difference is ... people smokin ganja don't cause trouble for the police unless they're drinkin too much.

Moms on pot.

Water doesn't get any better than this! So why would Simcoe County put a landfill on top of it? http://www.youtube.com/watch?v=z4AiFq4SC5c

People suck gas, glue, shaving lotion, various cleaning fluids, etc to get a dangerous possibly deadly high. People who want to kill themselves with 'drugs' can find a way, even if street drugs are magically gone. If you legalize and take away the criminal element, drugs hurt no one but the one taking them. I don't see why anybody has a right to control what people do to themselves. I read somewhere that marijuana - hemp - was prohibited because some company invented nylon, and they wanted to get rid of the competition (rope, fabric, sails, etc ... hemp is the magic weed in more ways than one!) I believe that. The people who think they are ideologically opposed are just brainwashed by the corporate establishment, imo. I'm definitely in favour of getting rid of the criminal element and drugs that infest our streets with danger, by legalizing everything, controlling, regulating like alcohol, creating a whole whack of legitimate jobs and collecting a bundle of taxes.

I think there are lots of non-French Canadians who would not call themselves English Canadians. I'll go with chart's def - an English-Canadian came from England.

'We're just worried about the land' Posted By SUSAN GAMBLE, EXPOSITOR STAFF Friday night's TRUE meeting seemed to be a meeting of the minds. Four representatives of the Haudenosaunee Men's Fire offered a history lesson and an explanation of why land under construction by Empire Homes off Conklin Road and other properties in Brantford are so critical to the Six Nations people. And Caledonia resident Ken Hewitt -- once the spokesman for the Caledonia Citizen's Alliance -- explained why he's seeking a public investigation into a "two-tiered justice system" that he says favours natives. Hewitt has about 7,000 signatures on a petition calling for an Ipperwash-style inquiry into OPP actions. Hewitt said mistakes have been made on both sides and he feels the OPP have been victims of confused leadership. Haldimand-Norfolk MPP Toby Barrett, who supports the petition, told more than 100 people at Laurier's Odeon building that he doubts his private member's bill demanding an investigation will pass second reading in March. Also in the audience was Haldimand County Mayor Marie Trainer. The Men's Fire representatives -- Gene Johns, Stan Farmer, Wes Elliott and Kelly Curley -- worked to explain to the crowd that they operate under treaty law rather than Canadian law. The group, a traditional gathering that can include all men and is charged with the duty of protecting the land, the women and children, says it was reignited during the Douglas Creek Estates protest in Caledonia after being dormant for years. The protests at Empire Homes in particular are due to the land being part of the Clench tract, said Johns, which is a matter under litigation in the courts. "Everybody is worried about their home and getting eviction notices," said Johns. "Tell everybody their house is fine. We're just worried about the land." Johns -- who has been arrested for his part in trying to stop construction at the Conklin Road site -- encouraged people affected by the Empire protest or concerned about their own house to contact the Men's Fire representatives to talk. Farmer said the men were compelled to try and stop houses from being built on land they consider theirs as a way of protecting the remaining greenbelt areas. "Hamilton is having a problem with coyotes but you've interfered with their business, just like us. The animals need to have a place to hunt and fish, just like us." Audience member Gary Horsnell questioned why the Men's Fire is protesting at land it has no chance of having returned, according to the government. But Curley said that's the reason they protest at sites before houses are erected. "The federal government says it won't displace people, so if there's no house on the land, we have a right to that land." Farmer appealed to the non-natives in the crowd to consider the commitment and lack of sleep many of the protesters endure for their cause. "Don't look at me as a warrior or terrorist. I'm an individual born to an obligation. We're trying to keep the treaty of peace," said Farmer. Article ID# 1456206