Do you expect Govts to enfore the law? Not always for special interest groups. Read on Mcduff and comment This situation has dropped of the radar for many Canadians - for others it has not. http://www.nationalpost.com/news/story.html?id=2216425
'Lawless oasis' formed in Caledonia: lawsuit
HAMILTON -- A refusal by police to move against natives, even when witnessing dangerous criminal acts unrelated to land-claims issues, has allowed a "lawless oasis" to flourish, a no-man's land encompassing an unfortunate couple whose home lies between a police barricade and a site occupied by masked aboriginal protestors, court heard yesterday.While the personal impact on David Brown and Dana Chatwell -- who found in 2006 that their home, alone, fell on the native-controlled side of the barricades during an ongoing confrontation over land in Caledonia, Ont. -- is the focus of the civil lawsuit, allegations of police inaction in deference to aboriginal relations forms its unusual backdrop."This is an extraordinary claim," John Evans, lawyer for the couple, began his opening address yesterday in Ontario Superior Court, saying the case is about the alleged failure of the Ontario Provincial Police and the Ontario government to protect his clients by enforcing the law."What this case is not about is the right of First Nations people to claim land as part of their heritage, as part of the First Nation assertions of rights under treaties," he said, a reference to the Crown raising the issue of native relations in the wake of the public inquiry into the death of Dudley George, a native protester shot and killed by the OPP during a 1995 protest at Ipperwash Provincial Park."Canadians live in a society with expectations that the police will protect them from threats, from vandalism, from intimidation," Mr. Evans said. "Canadians expect to be safe from repeated unlawful conduct."In this circumstance, the criminal conduct is known, is repeated and yet is not policed for 3½ years. That just does not happen in Canadian and Ontario society."Mr. Brown and Ms. Chatwell's house on Argyle Street South is at the southern edge of the disputed land, where the scenes of fiery protest that made national headlines took place a few feet from their back deck.Native protesters claiming ownership over land being developed into a subdivision, known as the Douglas Creek Estates, occupied the site in February, 2006. The following April, OPP officers raided the site and ejected the protestors only to be driven back when several hundred natives from the nearby Six Nations reserve arrived.The natives then erected barricades, which police have since respected, with the couple's home cut off from the rest of the community.Life in their isolation has meant having to present a "passport" to natives when leaving or returning to their house, having their car searched by masked men at barricades, being refused access to their property, having no mail or garbage removal and enduring noise, fires, bright lights and their house being ransacked and defaced with vulgar and racist graffiti.They have been threatened and intimidated and, all the while, police refused to intervene, the couple alleges.Further acts of lawlessness will be highlighted in the case, such as newspaper and television reporters being beaten and equipment stolen or broken, a van being pushed off a bridge onto a roadway, and court orders and injunctions being ignored."This has created a lawless oasis in which the plaintiffs exist without police protection and in constant fear of harm," said Mr. Evans."The plaintiffs had no protection from the police. They lived a terrified existence between the two sets of barriers."He said the couple had reason to believe that "the native protesters are lawless, fearless intimidators capable of violent criminal conduct and that the police will not - even in the most flagrant circumstances -- take steps to protect them."He argued that the Ipperwash inquiry did not suggest police allow native protestors to act lawlessly with impunity."These plaintiffs have lived for over 3½ years in a situation akin to a war zone where fear of injury, of unknown and unpredictable attacks, prevail."As a result, Mr. Brown has lost his job, become depressed and suffers from post-traumatic stress disorder; Ms Chatwell lost her in-home hair salon business and suffers mental distress; and her teenaged son, Dax, has had to live elsewhere.While the government settled with the owners of the estate, compensating them $16-million for the loss of the land, Mr. Brown and Ms. Chatwell have been left to fend for themselves."It's like we are the sacrificial lamb in this whole situation," Mr. Brown said before court. "All we wanted was to get out of the house and be relocated. It's a dangerous situation and we want out," he said."There are two sets of rules," he said. "One for the natives and one for the non-natives."Their lawsuit seeks up to $7-million in damages from the province and the OPP.The Crown is scheduled to presents opening arguments to Justice Thomas Bielby today.
'Lawless oasis' formed in Caledonia: lawsuit
HAMILTON -- A refusal by police to move against natives, even when witnessing dangerous criminal acts unrelated to land-claims issues, has allowed a "lawless oasis" to flourish, a no-man's land encompassing an unfortunate couple whose home lies between a police barricade and a site occupied by masked aboriginal protestors, court heard yesterday.While the personal impact on David Brown and Dana Chatwell -- who found in 2006 that their home, alone, fell on the native-controlled side of the barricades during an ongoing confrontation over land in Caledonia, Ont. -- is the focus of the civil lawsuit, allegations of police inaction in deference to aboriginal relations forms its unusual backdrop."This is an extraordinary claim," John Evans, lawyer for the couple, began his opening address yesterday in Ontario Superior Court, saying the case is about the alleged failure of the Ontario Provincial Police and the Ontario government to protect his clients by enforcing the law."What this case is not about is the right of First Nations people to claim land as part of their heritage, as part of the First Nation assertions of rights under treaties," he said, a reference to the Crown raising the issue of native relations in the wake of the public inquiry into the death of Dudley George, a native protester shot and killed by the OPP during a 1995 protest at Ipperwash Provincial Park."Canadians live in a society with expectations that the police will protect them from threats, from vandalism, from intimidation," Mr. Evans said. "Canadians expect to be safe from repeated unlawful conduct."In this circumstance, the criminal conduct is known, is repeated and yet is not policed for 3½ years. That just does not happen in Canadian and Ontario society."Mr. Brown and Ms. Chatwell's house on Argyle Street South is at the southern edge of the disputed land, where the scenes of fiery protest that made national headlines took place a few feet from their back deck.Native protesters claiming ownership over land being developed into a subdivision, known as the Douglas Creek Estates, occupied the site in February, 2006. The following April, OPP officers raided the site and ejected the protestors only to be driven back when several hundred natives from the nearby Six Nations reserve arrived.The natives then erected barricades, which police have since respected, with the couple's home cut off from the rest of the community.Life in their isolation has meant having to present a "passport" to natives when leaving or returning to their house, having their car searched by masked men at barricades, being refused access to their property, having no mail or garbage removal and enduring noise, fires, bright lights and their house being ransacked and defaced with vulgar and racist graffiti.They have been threatened and intimidated and, all the while, police refused to intervene, the couple alleges.Further acts of lawlessness will be highlighted in the case, such as newspaper and television reporters being beaten and equipment stolen or broken, a van being pushed off a bridge onto a roadway, and court orders and injunctions being ignored."This has created a lawless oasis in which the plaintiffs exist without police protection and in constant fear of harm," said Mr. Evans."The plaintiffs had no protection from the police. They lived a terrified existence between the two sets of barriers."He said the couple had reason to believe that "the native protesters are lawless, fearless intimidators capable of violent criminal conduct and that the police will not - even in the most flagrant circumstances -- take steps to protect them."He argued that the Ipperwash inquiry did not suggest police allow native protestors to act lawlessly with impunity."These plaintiffs have lived for over 3½ years in a situation akin to a war zone where fear of injury, of unknown and unpredictable attacks, prevail."As a result, Mr. Brown has lost his job, become depressed and suffers from post-traumatic stress disorder; Ms Chatwell lost her in-home hair salon business and suffers mental distress; and her teenaged son, Dax, has had to live elsewhere.While the government settled with the owners of the estate, compensating them $16-million for the loss of the land, Mr. Brown and Ms. Chatwell have been left to fend for themselves."It's like we are the sacrificial lamb in this whole situation," Mr. Brown said before court. "All we wanted was to get out of the house and be relocated. It's a dangerous situation and we want out," he said."There are two sets of rules," he said. "One for the natives and one for the non-natives."Their lawsuit seeks up to $7-million in damages from the province and the OPP.The Crown is scheduled to presents opening arguments to Justice Thomas Bielby today.
