Ontario court rulings create one law for "developers" and another for First Nations protecting their lands
Judge bars aboriginal protests in Brantford
THE CANADIAN PRESS - Jun 02, 2008
BRANTFORD, ONT.–A judge has prohibited aboriginal protesters from demonstrating at construction sites in Brantford, Ont., in order to prevent what he describes as "irreparable harm" to the city.
Superior Court Justice Gerald Taylor imposed the prohibition today as an interim measure while the city waits for the court to rule on a permanent injunction against the protesters.
Taylor, who reserved his ruling Friday after hearing submissions from all parties, says the city must be able to control development on lands within its jurisdiction.
In his ruling, Taylor accepted the city's evidence that the developers were the lawful owners of the land and that they had the necessary work permits.
He rejected a motion from one of the protesters' lawyers asking him to quash a bylaw recently enacted by the city aimed at banning aboriginal protests at development sites.
The city alleges protesters from the Haudenosaunee Confederacy trespassed on private property, barricaded entrances to construction sites and stood in front of machines, making it impossible for developers to work.