Friday, May 23, 2008

Haldimand "Brantford Council Fights for Residents"

Mayer Marie Trainer was on the Bill Kelly show last week in regards to Brantford's passing of bylaws preventing further occupations of construction sites. When Mayor Trainer was asked by Bill Kelly if Haldimand County Council will follow suite, she said "we will wait and see" if it works in Brantford! Well there you have it! Very good answer!

No trespassing signs were posted and the occupations continued in Brantford. Today Brantford will be in court asking for an injunction and putting the "Attorney General" on notice in case the Army is needed.

As a resident of Haldimand County, I would like to know why this county has not taken this action anytime in the last two and a half years? This council ignored Toby Barrett's presentation a couple of months ago regarding the "Proclamation" he wrote. This council has stated to the "residents" that there is nothing they can do, it is up to "other" levels of government!

What our Council did was apply for 56 million dollars in the "recovery package" that was sent to upper levels of government earlier this year. Haldimand has not received a penny!

Our council's position up until the time of the "recovery package" was one of mostly silence! Yet once they realized that we were not going to receive any funds the "bashing" started by this council from the Mayor down. That seems to be their answer, at least for our "council".

So what does Brantford Council know that our Haldimand County Council doesn't know?

Maybe Haldimand County should consider the services of Brantford's Lawyer.

I believe in Haldimand it is "too late" to effectively do anything, at least on behalf of "our Elected Officials". The "inaction's" of this Council are apparent, and it is also now been brought to "our" attention that Haldimand has not "supported it's residents and the builders". What is the problem with "our" lawyer "our" council? Regardless it is the way it is!

The following is the article that has all the information regarding Brantford's Injunction request and the reason why they are proceeding in this manner. Right or Wrong, you have to ask yourself at this point what is "our" council waiting for?

City wants Armed Forces on notice; Physical confrontation and disturbance of the peace or riot is inevitable and imminent,' says motion seeking injunction

Posted By Susan Gamble

Posted 1 hour ago

The city is calling for the Canadian Armed Forces to be ready in case of a potential riot by native protesters.

That request is a part of a 135-page court document that goes before the Superior Court today.

The document - which includes a request by the city for $110-million in damages - seeks an injunction to prevent natives from protesting at building sites around the city.

In the court papers, the city is asking the judge to notify the "attorney general" that the services of the "Canadian Forces are required."

"Tensions in the city are mounting due to the increased frequency of, and sites affected by, the defendants' unlawful activities. A physical confrontation and disturbance of the peace or riot is inevitable and imminent," according to the document.

With 150 officers, city police are not able to "effectively protect public safety when the full-scale disturbance or riot occurs."

The document, released by the municipality Thursday afternoon, includes a statement by city manager John Brown that city police have been asking land owners and workers to stop work and vacate their properties if targeted by protesters.

Brown says in an affidavit that police fear growing protests or full-scale occupations that could lead to possible property damage or violence.

On Thursday, Progressive Conservative leader John Tory commended Brantford for taking a positive step to uphold the rule of law in the province by filing for an injunction.

"The mayor and his council have taken an entirely appropriate action to protect the best interests of the families and businesses in their community. By bringing their case before the courts they have also strengthened respect for the law and for the rule of law," Tory told The Canadian Press.

A Hamilton lawyer retained by several developers affected by native protests in Brantford said his clients - who he would not name - see the injunction application as a good move.

"All my clients view this as being very positive and hope the city is successful," Michael Bruder said in a telephone interview Thursday.

"If the city is successful, other communities will be looking at what Brantford's doing and your city could become the hero."

Bruder said his clients are increasingly frustrated over the loss of a "huge amount of money" and repeated delays of their work.

Bruder noted that the Haudenosaunee Development Institute, established to oversee building projects in the disputed areas, is asking developers to pay a fee and to sign an agreement that states the land belongs to the natives.

"They want that registered on the land title so it creates a huge issue for the purchasers. It's not like you pay $5,000 and they're gone. Besides, what are they going to ask for next week?" he said.

"I've had developers say, 'Couldn't I just pay the money? It would be cheaper,' and it would, but I have to explain it's not just about the money."

Coun. James Calnan, who is acting mayor while Mike Hancock is out of the country, reinforced the city's reluctance to pursue legal action against protesters.

"This is a bold step and it was not considered lightly. It's out of necessity because we believe irreparable damage has been done."

Calnan said that asking for the Armed Forces' help is a only a precaution.

"It's not that we're confident there is going to be a disturbance of the peace but, if there is one, we want to be able to deal with it. We always hope for the best but it would be irresponsible of us as a municipality not to prepare otherwise."

Calnan said Brantford and Six Nations have a long history of friendship and both natives and non-natives have lived side by side in the city for centuries.

"The larger interest of everyone is served by peace but we're going to do what's necessary to protect the interests of the people of this community."

The city injunction application will be heard this morning by a superior court judge. If successful, a court order will be issued, said Bruder.

That order will be posted by a sheriff at area development properties.

Should protesters violate the order, the city will go back to court and notify the judge that someone is in contempt of the order.

Finding the protester in contempt, the judge will issue an arrest warrant, which goes to police.

Bruder said the Brantford situation is different than that of Caledonia two years ago where OPP officers refused to serve arrest warrants in favour of keeping the peace a disputed residential subdivision.

"In Caledonia, they (community) subcontracted their municipal force to the OPP which was autonomous but, I would think in Brantford, presumably the city police report to the city."
Calnan said council doesn't have the authority to direct the police as it operates under a board of local and provincial representatives.

"But we do have the full and complete support of the police as we're going through this process."


  1. Ask your self this: 16 protesters arrest in Deseronto!
    0 in Caledonia in 4 day stand off???
    Is their double standard with the McGunity Government: are they to blame too??
    More might be going on then we think: Caledonia is close to Six Nation!!!
    Meaning easier for the Natives!

    Jim smith

  2. Kudos to Brantford City Council for protecting their tax base. Shame on Haldimand Council for doing nothing. I sometimes wonder if Haldimand's "Liberal friendly" council isn't carrying out Dalton's "ignore the problem until it goes away" strategy here. I also wonder why the Mayor is allowed to continue speaking out regarding development in Haldimand County, when she clearly has a "conflict of interest" on any development issue (re: Trainer Construction). We will know soon enough. If Haldimand fails to take Brantford's lead, then we can be sure that there is more at play here than a dysfuncional, Liberal friendly council and a conflicted Mayor. Time will tell!

  3. Thank you for your comments.

    I agree with the above poster that if in fact Haldimand Council does not follow suite and immediately join Brantford there is something else going on here, and as ratepayers we deserve to know the truth.

    It would only take "one" councillor with the "balls" and fortitude to step down and tell all, but this will never happen.

    Haldimand Council has had over two years and the public have been told on many an occasion that this council's hands are tied and they can do nothing.

    How long do you think it would take to solve the issues if the "occupations" were happening in the city "Toronto?".

    Kudos to Mayer Hancock and his council for not sitting on their butts and saying we "can do nothing" it is the "Federal" governments fault. Kudos also goes out to Brantford's council for speaking of these issues in the "public" forum, not hiding behind "closed doors".

  4. The municipal act empowers council to deal with situations like these, as Brantford has so quickly illustrated. So why won't our council do anything remotely close to what Brantford is doing? Because they've got something to hide.
    Could it be they are all guilty of various conflicts of interest as it pertains to the municipal act? We now know the mayor is. Is council (or some members of council) aware of this conflict, and are they complicit in this by having knowledge of the conflict, and not doing anything? I know of at least one councillor that is aware of the Mayor's conflict of interest. By not saying anything, what is he hiding?
    There's definitely something fishy here.....

  5. Thanks for your comment.

    You bring up some very interesting issues regarding "conflicts of interest". I have written about this a few times, and have even tried to do something about it through the court. The problem is that this is very costly and I feel that I should not have to bare the brunt alone. I have in the past made comments such as if there is anyone out there that has a few bucks to throw my way I would proceed. I did have one business in Dunnville that gave me $100.00. I landed up giving this back as it wasn't anywhere near what I needed to proceed in Court.

    Our Council is fully aware of what they can get away with, and that the average person like me does not have the money to go the course.

    This whole council is quilty of many things. I just posted a blog about council doing business behind closed doors, they admit this with no guilt whatsoever.

    This council is fully aware that they are doing county business that should be in the open forum behind closed doors and they will continue to do just that! "Close the Doors".

    If what you are stating is factual we are in more of a mess here than one really would want to know. But in saying that we have the "right" to know. As far as other council members knowing this information, they are just as quilty. In fact what I don't understand about what you have stated is that many on this council had no problems spending hundreds of thousands of our tax dollars being their own "Judge and Jury" with a harassment case that should have gone through the court system!

    Like I stated in one of my comments, I think it is time that some on council step down and tell the truth!

  6. I just got back from the courthouse.

    When I arrived at the courthouse which was the historic court house on Wellington there were many natives on the front lawn and in front of the steps to the courthouse holding Haudenosaunee and Warrior flags. Media was video taping the event.

    The proceeding started at 10 a.m. in court room 200.

    At about 10:10 a.m. the Judge adjorned until 10:30 a.m. because several lawyers weren't there including the OPP lawyer, the Province's lawyer, Aaron Detlor. They were apparently stuck in traffic due to an accident on the 403.

    At 10:30 a.m. all the lawyers were there except for Aaron Detlor. All the names of the accused were read out and verified as having received notice and were in the court. Again after about 10 minutes the court was adjourned to wait for Aaron Detlor.

    At 11:00 a.m. the Court Clerk came in and asked if anyone had heard from Aaron Detlor and one of the many natives in the courtroom said they had a message from him that he would arrive about 11:10 a.m.

    He arrived at about 11:15 a.m. and the court resumed at about 11:20 a.m.

    The lawyer for the Attorney General Brown asked that the section of the motion, I believe paragraph 4 of section 13, have a rider that no action to call in the army part of the motion be enacted without notifying the Attorney General's office in advance.

    The lawyer for the OPP wanted to ensure that the lawyer who was supposed to be there would have an opportunity to attend so wanted an adjournment.

    Detlor when asked said he only spoke for himself and nobody else. When asked if anyone spoke for the HDI he said no. The lawyer for Brantford pointed out that they tried to serve Detlor in person, by mail, by fax, and by email with little luck. He then handed th documents that they had tried to serve on Detlor to the judge to be entered into the record.

    The lawyer for Brantford spoke of three things he was looking for including the motion, an interim injunction and an interim interim injuction. He acknowledged that there needed to be some allowance for preparation for the motion and that the interim injuction could be adjourned to next week but he wanted an interim interim injunction today to stop any further interference in projects until the other actions could be heard.

    Detlor pointed out to the judge that the injunction wording spoke of illegal acts by the participants but it has not be proven anywhere that the acts are illegal and spoke against the interim interim and interim injunction for that reason.

    The judge called a brief adjournment to determine when next week to have the next session at about 11:50 am.

    When he returned a short time later he said the next session would be on Friday May 30 at 10:00 a.m. and that documents as submissions needed to be in by Thursday at 4:30 p.m. Aaron Detlor took exception to that stating he could not get his documents ready by that time. The judge ignored his protest and proceeded with the dates. He also has set the motion for 2 weeks from now.

    The judge then invited each of the people charged to the bench to ask if they agreed with the adjournment. Ruby came to the bench an began a speech about how the land is theirs and Brantford has no right to ask for an injunction. As she was speaking a group of about 12 native women including Hazel Hill gathered by the rail in front of the audience holding a Haudenosaunee flag in support of Ruby and they stood there while each person spoke.

    Without acknowledging the request for an immediate interim injunction by the Brantford lawyer the judge adjorned the case until next Friday at 10:00 a.m.


  7. It seems pretty obvious the injunction isn't worth the paper it's printed on respecting the personal actions of Floyd and Ruby Montour.

    As to Detlor he seems to be putting his own career on the line by associating himself with the HDI and their usurious demands aimed at developers.

    According to the Law Society they have a strict code of conduct and are willing to take complaints via the following e-mail address.

  8. Could it be that some of our more Liberal friendly councillors see the Provincial patronage appointments given to Craig Ashbaugh (Chair of the Lake Erie Source Protection Committee) and Bill Pearce (Provincial Ministry of Aboriginal Affairs) as an incentive for them to keep quiet with respect to creating flack for the Province?
    I'd bet the farm on it.

  9. Thanks for your comments.

    Lisa thank you for your report on the process that took place in court. It is always better to hear it first hand than through the papers, sometimes the press don't share the whole truth.