Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Sunday, February 15, 2009

Haldimand "Toby Barrett's Private Members Bill, Truth about Caledonia Act, 2009"

Toby here - Please find attached a news release titled: “Time to determine the truth about Caledonia”, in which I outline my plans to introduce legislation later this month calling for an inquiry into Haldimand, Brant, Brantford, Six Nations area land disputes.

This call for an inquiry is triggered by and builds on Ken Hewitt’s petition. As I prepare to introduce and debate this call for an inquiry, I ask you the reader for several examples that come to mind suggesting inappropriate interventions or undue influence on our area’s court system, land ownership system, or system of law enforcement.

For example, On March 2nd, 2006, I walked behind the barricades of Hydro One spools at DCE to talk with the handful of occupiers – I watched carpenters leaving, with their tools, but nobody was asking the occupiers to leave. My question – why were police not doing anything? I recall eyewitness reports of a van being thrown from the Haldimand County 6th Line bridge onto provincial Highway 6 – media photos were published of the perpetrators but as yet, to my knowledge, there have been no arrests. Again, why is that?

Toby will be introducing a private Members Bill on Wednesday February 18th, 2009 and needs our support. I would suggest that if you support this to email Toby a short note before Wednesday at; toby.barrett@pc.ola.org

At the same time Gary Mchale from CANACE has announced the following;

Rally at Queens Park: Say NO to Barrett's Political Inquiry. Please read file below for reasons why we are standing against Tobys Inquiry - Rally this Wed at 11 am - if you cannot come then please email us a letter denouncing this Inquiry at;
http://www.caledoniawakeupcall.com/documents/TobyInquiry.pdf

Hello, Toby here,

Please find attached, and below, the final draft of proposed legislation, Truth About Caledonia Act, 2009.

This Private Members Bill calls for an inquiry to

To inquire into and report on allegations of political influence in the court’s administration of justice and the police enforcement of the law with respect to activities in Six Nations, Haldimand County, Brant County and the City of Brantford, and nearby areas;

To determine the truth with respect to the ownership of land within the boundaries of the former Haldimand Tract, and nearby areas;

To make recommendations directed to the prevention of attempts of intimidation and related behaviour in similar circumstances - including recommendations with respect to: i) the improvement of mechanisms to resolve land disputes, (ii) the enhancement of respect for the courts and the rule of law, and (iii) the upholding of land ownership rights in the Province of Ontario; and to grant the commission powers under the Public Inquiries Act.

I plan to introduce the legislation on Wednesday February 18, 2009 – with debate scheduled for March 12th.

Truth About Caledonia Act, 2009
EXPLANATORY NOTE

The Bill requires the Premier to recommend to the Lieutenant Governor in Council that a commission be appointed to inquire into land disputes and other related activities in the former Haldimand Tract and nearby areas.

It is the role of the Commission to inquire into and report on the administration of justice, law enforcement and the ownership of land. It is also the role of the commission to make recommendations directed to the prevention of attempts of intimidation and related behaviour in similar circumstances. The commission is given powers under the Public Inquiries Act. Once the inquiry begins, the commission must make an interim report in six months, and a final report in 12 months.

An Act to provide for a public inquiry to determine the truth about the administration of justice, law enforcement and the ownership of land within the former Haldimand Tract and nearby areas.

Preamble

The occupation of Douglas Creek Estates in Caledonia, which began in February 2006, has resulted in a series of standoffs, and has led to additional land disputes in the rest of the former Haldimand Tract and nearby areas. These events have resulted in violence, injury, fear and intimidation, shutting down development and draining the area economy.

Questions have been raised about why the disorder and associated impacts have been allowed to continue. Allegations have been raised with respect to political influence in the courts’ administration of justice and in the enforcement of the law by the police.

Area residents want to determine the truth about ownership of the various lands in dispute.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Appointment of commission
1. Within 60 days after this Act comes into force, the Premier of Ontario shall recommend to the Lieutenant Governor in Council that a commission be appointed under section 2 of the Public Inquiries Act,

(a) to inquire into and report on allegations of political influence in the administration of justice by the courts and in the enforcement of the law by the police with respect to,

(i) land disputes and other related activities in Haldimand County, Brant County and the City of Brantford, and nearby areas, and

(ii) activities on the Six Nations reserve in the former Haldimand Tract;

(b) to determine the facts with respect to the ownership of land in the areas mentioned in subclause (a) (i); and

(c) to make recommendations directed to the prevention of attempts of intimidation and related behaviour in circumstances similar to those mentioned in subclause (a) (i), including recommendations with respect to,

(i) the improvement of mechanisms to resolve land disputes,

(ii) the enhancement of respect for the courts and the rule of law, and

(iii) the upholding of land ownership rights in the Province of Ontario.

Commission’s term of office
(2) The commission shall hold office until three months after the commission’s final report is submitted to the Lieutenant Governor in Council.

Removal for cause
(3) The commission is removable at any time for cause by the Lieutenant Governor on Council on the address of the Assembly.

Powers of commission
2. Part III of the Public Inquiries Act applies to the commission and to the inquiry.

Timing of inquiry
3. The commission shall begin the inquiry within 60 days after being appointed.

Reports
4. (1) The commission shall submit an interim report to the Lieutenant Governor in Council within six months after the inquiry begins.

Final report
(2) The commission shall submit a final report to the Lieutenant Governor in Council within 12 months after the inquiry begins.

Report to be made public
(3) The commission shall make the final report public within 10 days after submitting it to the Lieutenant Governor in Council.

Time limits may be extended
5. The Lieutenant Governor in Council may extend the time limits for submitting the interim and final reports, and may extend the term of office of the commission.

Commencement
6. This Act comes into force on Royal Assent.

Short title
7. The short title of this Act is the Truth About Caledonia Act, 2009

Tuesday, May 27, 2008

Haldimand "Keep Both Hands on the Wheel"

When is enough......enough?

What has happened to the "Driver" being "Responsible"?

We already have laws in place, that one can find in the "Highway Traffic Act" and the "Criminal Code" of Canada that deals with people who are driving "carelessly".

Just six months ago, when asked if Ontario should ban cellphone use while driving, McGuinty said:

"There are provisions right now, to be found in the Highway Traffic Act ...or the Criminal Code that allow for prosecutions for people who are driving carelessly. So, unless and until I get different advice from the people who work our roads, and look to their safety, we will maintain our position," he said.

So Premier McGuinty "Who" and "What" has changed your stand?

McGuinty said he has asked Transportation Minister Jim Bradley to look at some form of "next-generation legislation" that would cover existing electronic devices like cellphones and future gadgets.

Now McGuinty hasn’t just stopped there, he is looking into what he calls "Next Generation Legislation", what the hell is this? Well I would call this a "Blanket Legislation", just fill in the "Blanks" when necessary, after the "Legislation" is in place.

I would advise Premier McGuinty while he is at it why not legislate this;

Legislate and remove the following;

Coffee cup holders from vehicles……….
Radios……………….
Passengers………………….
All Road Signs…………….
ETC………………

Well this list could go on and on, I think you get my point.

In my opinion there are far more pressing issues that this current Premier should be concerned about in Ontario. Although Ministers do need something to do, the government should not be waisting time "Legislating" something that is already "Law"!

The bottom line for me is that we have "Leaders" that say one thing and six months later they have "flopped", oh wait a minute has "McGuinty" himself not "accused" others of doing what he is considering? "Flopping".

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."
http://www.brantfordexpositor.ca/ArticleDisplay.aspx?e=1039385&auth=Susan%20Gamble

Tuesday, May 6, 2008

Haldimand "Barrett calls for Solicitor General of Ontario and Minister Bryant to Resign"

For Immediate Release May 5, 2008

Barrett asks Bryant to resign Queen’s Park

Following articles in two local papers, Haldimand-Norfolk MPP Toby Barrett reports people are uncertain as to who is directing the OPP in both Caledonia and Tyendinaga/Deseronto.

Last week, an article in the Tekawennake newspaper reported: “He (referring to Chief Bill Montour) then thanked Bryant for taking his advice and asking the OPP about standing down in Tyendinaga and Caledonia.”Last week, Barrett relayed a similar report found in the Dunnville Chronicle. “Two newspapers and two different reporters saying the same thing,” Barrett said. “I ask you again, did you ask the Solicitor General to interfere or were you, were you yourself, asking the OPP about standing down in Tyendinaga and Caledonia?”

And although Hansard did not record the remainder of Barrett’s question (Hansard recorded only half of Barrett’s last sentence), the local MPP then asked Minister Bryant, given his previous statements, if he was prepared to resign.

Bryant answered ‘no’ and then began reading from the Ipperwash Report. Previously, on April 29th, Bryant stated: “I think the member knows that nobody in this House – no MPP, no member of government is walking around with a holster and cuffs. I think the member knows that it is up to police officers to execute that duty.”

Native land dispute

Mr. Toby Barrett: To the Minister of Aboriginal Affairs:

Last week you said in this House and I quote: “I think the member knows that nobody in this House—no MPP, no member of government is walking around with a holster and cuffs. I think the member knows that it’s up to police officers to investigate that duty.” Minister, I would like to quote an article from last week’s Dunnville Chronicle: “Over the weekend, Six Nations Band Chief, Bill Montour, told Aboriginal Affairs minister Michael Bryant, that the blockade was not criminal activity and said this could become something all party does not want it to be. He gave credit to Bryant for talking to the Solicitor General who reportedly told the OPP to stand down.”Minister, did you talk to the Solicitor General about having the OPP stand down?

Hon. Michael Bryant: No.

Mr. Toby Barrett: Thank you, minister. We know that the Dunnville Chronicle stated last week that Six Nations’ Chief, Bill Montour “gave credit to Michael Bryant for talking to the Solicitor General who reportedly told the OPP to stand down.”There’s another article I would like to report. It was written last week by Jim Windle—I know Jim, he’s read more articles on Six Nations than any other journalist. This article states and he referred to Chief Montour, “then thanked Bryant for taking his advice and asking the OPP about standing down in Tyendinaga and Caledonia.” Two newspapers and two different reporters saying the same the same thing.I ask you again: Did you ask the Solicitor General to interfere or were you, were you yourself, asking the OPP about standing down and in Tyendinaga and Caledonia? Given your previous statements, these two reports are—

The Speaker (Hon. Steve Peters): Thank you.

Hon. Michael Bryant: Well, no again to that one as well. Interference? The only government that’s been found to interfere with police operations has been the Conservative government. It’s the approach of the Conservatives according to testimony by Charles Harnick, that the approach was: “I want the *!?*% Indians out of the park.” That is an interfering approach. That is not a negotiating approach. That is an approach that was, in fact, condemned by Commissioner Linden and it’s not the approach of this government.I know that the official opposition doesn’t like to hear this. I know that the official opposition may not have liked some of the findings in this report but we will continue to support the recommends by Sidney Linden of the Ipperwash commission.

Here is an update from Toby Barrett. This was from Thursday May 1, 2008.

I do believe that it is time for a full investigation, just to find out who is actually telling the truth. These are serious statements being made about Minister Bryant and the Solicitor General of Ontario. I would certainly want my name cleared, wouldn’t you?

Re: Barrett calls for Solicitor General’s resignation

Toby here,

Following is my news release and Hansard from questions I asked Community Safety and Correctional Services Minister Rick Bartolucci this afternoon. It is all self-explanatory; however folks have been speculating as to why the barricades came down so quickly this time around.
Have a good evening.

Toby

For Immediate Release

May 1, 2008

Barrett calls for Solicitor General’s resignation

Queen’s Park – Since the start of the Caledonia land disputes two years ago, the McGuinty Liberals have been clear that they do not direct the OPP on operational matters. A Dunnville Chronicle newspaper article printed yesterday suggests the Minister of Community, Safety and Correctional Services (Solicitor General) Rick Bartolucci has done otherwise.

Prior to Question Period today, Haldimand-Norfolk MPP Toby Barrett spotted the article which read: Over the weekend, Six Nations band chief Bill Montour told Aboriginal Affairs Minister Michael Bryant that the blockade was not a criminal activity and said this could become something all parties did not want it to be. He gave credit to Bryant for talking to the Solicitor General who reportedly told the OPP to stand down.

Back in December, the Minister of Community, Safety and Correctional Services said in response to one of Barrett’s questions: "If the member is suggesting that the Solicitor General or any other minister or member should interfere with the operation of the OPP, he’s wrong. He’s dead wrong."

Given the report that Bartolucci allegedly asked the OPP to "stand down" Barrett then formally asked in the Ontario Legislature, "Given your previous statements, are you prepared to resign?"

"That allegation is ridiculous, and, no, I will not resign because I won’t interfere with policing operations," Bartolucci said. "We’ve learned from past history that you don’t interfere as government with policing operations."

Barrett also asked the Minister why arrests were made in Deseronto/Tyendinaga for lawless behaviour over the weekend, but not in Caledonia. The Minister refused to answer the question but congratulated the OPP on their handling of the situation.

Native land disputes

Mr. Toby Barrett: To the Minister of Community Safety and Correctional Services. Minister, on April 25, OPP Commissioner Fantino was clear in a news release concerning problems at Tyendinaga and Deseronto: "This violent criminal activity occurred outside of any legitimate protest and will not be tolerated." It was not tolerated because people were arrested.

Back in Caledonia, criminal activity was allowed to occur all weekend. Not over a land claim, but in support of Tyendinaga. To my knowledge, no arrests were made on the weekend in Caledonia. Why does the OPP crack down at Deseronto, but will not crack down at Caledonia? ... no arrests were made on the weekend in Caledonia. Minister, why does the OPP crack down at Deseronto, but will not crack down at Caledonia?

The Speaker (Hon. Steve Peters): Minister of community safety.

Hon. Rick Bartolucci: This gives me a great opportunity to congratulate Commissioner Fantino, the incident commanders, senior officers and front-line officers for the remarkable job they’re doing.

Listen, we appreciate that the OPP is handling these situations in a very, very professional manner, understanding that, at the end of the day, public safety is paramount. Congratulations to Commissioner Fantino. Congratulations to the OPP.

The Speaker (Hon. Steve Peters): Supplementary.

Mr. Toby Barrett: They did a good job at Deseronto. Minister, on December 4th last year, I questioned you in the House and you said: "If the member is suggesting that the Solicitor General or any other minister or member should interfere with the operation of the OPP, he's wrong."

Now, in this week’s Dunnville Chronicle, there’s an article written by Karen Best—she’s a reporter known for her accuracy and thoroughness—and I quote the article, in part:

"Over the weekend, Six Nations band Chief Bill Montour told Aboriginal Affairs Minister Michael Bryant that the blockade was not a criminal activity," and, further, "He gave credit to Bryant for talking to the Solicitor General, who, reportedly told the OPP to stand down."


Speaker, we have a report before this House referring to the Solicitor General, who reportedly told the OPP to stand down. Minister, given your previous statements, are you prepared to resign?

Hon. Rick Bartolucci: That allegation is ridiculous, and, no, I will not resign because I won’t interfere with policing operations. We’ve learned from past history that you don’t interfere as government with policing operations.

But, what we can do, what we should do, what I’m asking him to do, and that side to do, is to ensure that we ask the federal government to come to the table with our First Nations communities to settle these land claims. The OPP is doing a remarkable job at ensuring that public safety is the top priority, but there are two other partners here that have to come to the table. The federal government has a responsibility to come to the table, to settle these land claims, so that everyone can get along the way we want to get along in Ontario—

Thursday, May 1, 2008

Haldimand "Here is my Say"

I would like to start off by saying that I have chosen in the past to not write any blogs on anything that has to do with "Native Claims", as I feel that I am not educated enough to make a good judgement on the issues. I have however touched on how I feel about violence and the right that "each and every" individual has to voice their opinions and demonstrate "Peacefully".

When I stood on the Dunnville bridge for "3" days last June, I did this "Peacefully", I did not stop traffic, and therefore I was "not arrested". But I can tell you for a fact that if I had indeed stopped the flow of traffic over the Dunnville Bridge I would have been "Arrested"! Why?………because it is against the law!

I do believe that many "people" (whether you are black blue or polkadot) have a true fear to voice their opinions or concerns on the issues of "natives and non-natives". Now even for me that statement doesn’t feel good as I usually say whether you are "black blue or polkadot"! But it seems to be that this is what it has come to just that…natives against non-natives. This is what is being fed to all of us! I will ask you this, who is at fault here? Natives? Non-Natives? OPP? McGuinty?

Well I am going to bite the bullet and tell you what I personally think. I have nothing against anyone that "protests" or voices their opinions whether I agree with what you are "protesting" or what you say, what I disagree with is simple….Breaking the Law…. We have zero tolerance in our schools for violence and bullies. Yet the OPP condone individuals for "breaking the law". I would love to hear an OPP officer or Commissioner Fantino explaining this to a grade "5" class on how some are allowed to break the law and others are not!

I would also like to say that as far as "Land claims" go there are certainly legitimate land claims here in Haldimand and that is up to the Federal government and the courts to decide. In my opinion these claims need to be taken more seriously from "both" sides. Two years ago this started with the claiming of DCE by a hand full of people, and in fact to my knowledge the Federal Government has stated that there is no legitimate claim on this land. The Province bought DCE, which in my opinion was a deliberate contradiction to what the Federal government has already stated. That, I believe is where the problems started. I would like to know what our Provincial government was thinking at the time. My opinion is that the Province clearly sent a mixed message to everyone involved.

This week was full of misinformation and misconceptions as Fantino has stated, but where has this come from? I was in Caledonia on Friday night and I too have watched the news. The OPP told us that they closed Hwy 6 bypass for the safety of the residents and yet I witnessed on CH TV the removal of a hydro tower and what looked like a telephone pole from the roadway. I have a simple question….Was this 5 day closure of HWY #6 not "Breaking the Law"? Who is really telling us the truth?

It has become apparent that our council in "Haldimand County" has no pull with anyone in the upper levels of government or the OPP, and this I must stress is not their fault. I have written many blogs about the shortcomings of our elected council, but I will not blame this council for what is going on in regards to; negotiations, road closures, loss of development, loss of jobs, loss of tax base, our loss of faith in our OPP, our loss of faith in our upper levels of governments ability to get a handle on what is happening here in Haldimand County. Council is certainly being more open about what they are saying in regards to the issues here. Some may say it is too late, but the fact is that council is fed up! Now in saying this, how do the residents of Caledonia and Six Nations feel?

It was most evident last Sunday where our current "Provincial Governments" priorities are, and that is in Toronto! When the TTC went on strike our government sat on a Sunday and ordered them back to work. I am not saying that I disagree with what the government did, as this situation would have crippled Toronto. The problem I have is where are we on the Provincial Governments Priority List? We have all witnessed this week that our Provincial Government can work very quickly on serious issues, I would say that we are in a serious state of affairs in Haldimand County wouldn’t you?

Here are some comments from the last week or so;

"This violent criminal activity occurred outside any legitimate protest and will not be tolerated". Commissioner Fantino.

"It would cripple Caledonia and further destroy the business community" This is in regards to the repairs slated for the Caledonia bridge, Council is asking the MTO to delay this work. Councillor Grice.

"Councillors took a firm stance against the blocking of Hwy 6 bypass, Council passed a resolution asking the Province and Federal governments to stop negotiations until all blockades and/or occupiers are removed from Haldimand County".

"We are sick and tired of it, said Councillor Buck Sloat. Sloat said the road blockade in Caledonia has nothing to do with land claims and pointed out that OPP Commission Fantino said there would be no law breaking on his watch" Councillor Sloat.

"Our priority is to reopen the public roadway that was taken over by a group of people who do not have the support of the Tyendinaga Band Council in relation to this roadblock" Commissioner Fantino.

"Haldimand County Councillors pointed out that the Six Nations protestors blocking Hwy 6 do not have support of the chiefs who govern Six Nations Band Council and the Traditional Confederacy".

"Grice commended residents for using restraint over the weekend".

"Grice said his wife is ready to move back to her hometown in Port Elgin".

"A return for normalcy is all every last citizen of Caledonia wants and better yet deserves". Councillor Grice.

"It’s time to clean it up and get it out of here". Councillor Sloat.

"Haldimand Council couldn’t even get a call back from upper levels of government last weekend, it’s devastating the way we are being treated" Councillor Don Ricker.

"Councillor Boyko was flabbergasted at the lack of communications".

"I and many others in this community were hopeful that Mr. Fantino was going to announce the reinstatement of law enforcement regardless of race". Merlyn Kinrade.

"According to Minister Bryant, the blockade went up due to misinformation. I would say that misconceptions are caused by misinformation; blockades are erected by people, criminals". Bill Jackson, reporter with the Regional News this Week.

"Minister Bryant commended residents of Haldimand/Caledonia for being so patient". This was a statement from Minister Bryant last week during his visit to Council.

"Barrett then pointed out that "… back in Caledonia, ATVs storm into town, barricades go up on the railway and Provincial Highway 6, and all of this, not because of the land claim, as you know, Minister Bryant, but to show solidarity with aboriginal protesters in eastern Ontario. We know people have got the barricades moved for now, but my concern is the double standard. Those responsible for criminal activity are arrested in Deseronto and no reports of arrests in Caledonia." Barrett then asked: "Why the double standard?" Bryant became agitated and responded with: "Well, the allegation that the member seems to be making—and I know he wouldn’t want to make this allegation—would be as against the standard set by the very institution and the people who, in fact, engage in decisions of police operations. That is, as the member knows, the OPP. "The member congratulates the OPP for their work in Deseronto, but I may say that I would’ve thought that the community was supportive as well of the work that the OPP did in keeping the peace. They make decisions—operational decisions—in Deseronto. They make decisions—operational decisions—in Caledonia," Bryant continued".

"Councillor Grice said leadership from upper levels of government is non-existent".

"Over the past two years, the McGuinty Liberals have made concession after concession to lawbreakers in Caledonia, Deseronto and beyond," said Runciman. "This government has failed and continues to fail to uphold the rule of law in Ontario." "While the blockade in Deseronto has come down, the one in Caledonia is still up," said Runciman. "The McGuinty government is negotiating with people illegally occupying land and treating what could be defined as extortion as ho-hum even as it handicaps economic development in communities such as Brantford and ignores an illegal smoke shop operating on government land within metres of a school."
"Added Runciman, "The Premier is encouraging lawlessness with his laissez-faire approach to upholding the rule of law."

"For those of you that are looking at this from far away, you should not underestimate the temperature of this community, and certainly do not mistake its resolve". Ken Hewitt CCA.

"Natives are being treated differently than non-natives, he said. Probably because of Ipperwash". Councillor Boyko.

"Blockades won’t stop the province from negotiating with native protesters to resolve outstanding land claims and end a two-year occupation on the outskirts of Caledonia, Premier Dalton McGuinty said yesterday. McGuinty said he won’t call off negotiations with Six Nations protesters unless he’s told to do so by the provincial police and Prime Minister Stephen Harper". Toronto Star.

"I am totally committed to do what is in my power to reach peaceful solutions, however, I am equally unwavering in my resolve to hold accountable anyone who would break the law and jeopardize public safety." Commisioner Fantino.

"The Opposition says the Liberals have been encouraging lawlessness by tolerating the recent escalation of aboriginal protests. The Conservatives say the Liberals should call off negotiations with the Six Nations protesters until the protests stop. But Premier Dalton McGuinty says he won’t call off negotiations with the protesters unless he’s told to by the provincial police and Prime Minister Stephen Harper. cbc.ca

When I was a young girl I was brought up to respect and trust our Police Officers. Does everyone remember being taught that if you get lost find a Police Officer? We we brought up believing that the Police were there to protect us and we were to trust them, now it seems that our OPP here in Haldimand are only peace keepers. I would like to believe that the OPP will start doing the right thing and uphold the law. If not for me, for the younger generation, as I feel that the standards that are being set here in Haldimand are detremental. How can you preach to the young to not break the law, when they are witnessing the breaking of laws everyday in this community.

Well there you have it, my say!

Thursday, March 6, 2008

Haldimand "Councillor Sloat Cleared"

Update; I would like to clarify that Councillor Sloat was "NOT" cleared of these charges, the charges were dropped.

Yesterday Councillor Sloat appeared in court to face charges that were laid stemming from an incident last August.

I wrote about this last month and there were many comments relating to this issue. The most talked about was....will he get away with it?

I had faith in the Court System and was sure that this would see it's day in Court. Well this was not the case. I am truly disappointed as I do believe if the tables had been turned, the outcome would have been totally different.

Back in December 2007 there were several people charged in relation to a demonstration in Caledonia, some of these charges were "mischief" charges. These charges are not as serious as an "assault" charge yet they are still pending. As you will read in Jeff's story one of these charges was heard in Cayuga yesterday, and this charge still stands.

We are on a slippery slope in Haldimand when before an alleged charge goes before the court, that a charge can be dropped as in this case it was deemed to be "trivial". As the representative stated to the Justice of the Peace, this was just a matter of "unwanted touching". This goes hand in hand with the Crown when they stated they wouldn't lay a charge because it wasn't "enough of an assault" to lay a charge.

Let's visit the above statement..."unwanted touching"...If Jeff had been "female" would this have been used by the Crown? If Jeff had been black, blue, or polka dot, would this have been used by the crown? If Jeff had been 70 years old would this have been used by the crown? If Jeff had been in a wheelchair, would this have been used by the crown? My point here is it seems that this was the personal opinion by the crown. Shouldn't it be left to the courts to determine whether this "unwanted touching" was actually an assault?

It is interesting as you read Jeff's story he speaks of a "gentleman's" agreement that he and Sloat made. This agreement was that if Councillor Sloat apologized to Jeff, Jeff was willing to drop the charge. Well did Councillor Sloat hold to his word?

Now I know that some of you will say that Jeff is a trouble maker, that Jeff is involved in issues in Caledonia that are controversial, and Jeff deserved what he got. I personally do not agree with some of Jeff's methods, but does that give me the right to judge him?

All I will say is Kudo's to you Jeff for pursuing what you believed was the right thing.

The following is Jeff's story;

A representative of the Attorney General’s office went before a Justice of the Peace this morning in Cayuga court and deemed the assault committed against me in August 2007 to be too "trivial" to pursue. He asked that the charge be dismissed and as the crown has absolute authority over these decisions, the Justice had no choice but to put an end to my unresolved private prosecution of Councilor Buck Sloat.

In requesting a dismissal, the Attorney General presented 3 reasons he feels the case should not proceed.

(1) It is not in the best interest of the public to proceed with this charge as it’s "simply a case of unwanted touching" and there are far more serious charges to be dealt with by the courts.

(2) Mr. Parkinson has civil remedies at his disposal to deal with this matter

(3) The incident in question was "trivial" in his opinion

You can read the rest of the story here; http://caledoniawakeupcall.wordpress.com/2008/03/05/assault-charge-against-buck-sloat-dismissed-by-attorney-general/

Tuesday, March 4, 2008

Haldimand "Proclamation is Dead"

I went to the Council in Committee meeting yesterday to follow up on some "unfinished" Council business. Back on February 11th, 2008 Toby Barrett appeared as a delegate at Haldimand County's Council of the Whole meeting. At that meeting Toby presented Council with a document and a petition called the Haldimand Proclamation for Peace, Order and Good Government. Here is the Proclamation;

HALDIMAND PROCLAMATION FOR PEACE, ORDER AND GOOD GOVERNMENT

February 2008

WHEREAS, since February 28, 2006, people across Haldimand County and beyond have been subjected to arson, extortion, barricades, land seizures, occupations, militant protests, and related harassment, intimidation, mob violence and threats to public safety.

AND WHEREAS, the community safety, social and economic life, of Haldimand and neighbouring residents, has declined because of the climate of fear, chaos and uncertainty generated by various acts of lawlessness and related intimidation.

AND WHEREAS, there is a perception, and evidence, of two categories of law, of justice, of police protection, and government action based on one’s race and geographical location within Haldimand County and beyond.

AND WHEREAS, the lawlessness, and the less than adequate prevention and response on the part of police and other government authorities regarding these illegal acts appears to be tolerated, and perhaps condoned, by provincial and federal government policy.

AND WHEREAS, both the provincial and federal governments have legislative, regulatory, enforcement, decision-making and policy-making capability beyond the mandate and scope of Haldimand County.

NOW THEREFORE, BE IT HEREBY RESOLVED, that Haldimand County, in support of all of its residents, proclaim and request, with utmost urgency, that the following actions be taken where mandated at the provincial and federal level:

(1) Restore police patrol, response and enforcement as well as justice, order and the rule of law, including court injunctions, throughout Haldimand County regardless of one’s race or geographical location.

(2) Cease all land dispute negotiations and related actions until extortion, and illegal occupations and protests are terminated.

(3) Budget and publicly set timelines and deadlines to continue to resolve legitimate land disputes expeditiously within a climate of openness, mutual respect, and justice for all affected.

(4) Compensate individuals, businesses and the municipality for loss, insecurity, economic decline, and any other collateral damage stemming from provincial and federal decisions and policy, or lack thereof, that have eroded peace, order and good government in Haldimand County and beyond.

At the meeting in February Toby asked for Council's support and stated that if they wanted to make changes to the wording of the Proclamation that was fine, as this was a draft for Council to consider. Councillor Bartlett stated that he wanted to see some changes, but was not willing to talk about it at that time.

Councillor Boyko asked Toby to give them a week to look it over, well it has been "3" weeks and Council has indeed looked it over.

This item "did not" appear on the agenda so at the lunch break I asked Mayor Trainer why it wasn't on the agenda. She proceeded to write this on a piece of paper, didn't have an answer for me and went to lunch.

Well I called Mayor Trainer this morning to ask if she had mentioned this item to her Council in the afternoon session. Yes she did, and the answer that she gave me in my opinion was "unacceptable". You can judge for yourself.

Apparently as the Mayor and her council state "why bother he has already presented it to the world". "This is not going to happen" states Mayor Trainer. Council in fact wanted to change some of the wording, and I said to Mayor Trainer it is not too late.....she said....."not going to happen". So I guess that is a done deal! Maybe Council needs to learn to stick to what they say, Councillor Boyko said give us a week, and "3" weeks goes by and nothing! Well that in itself is the answer. I do believe if I had not gone to council and asked Mayor Trainer this question, this would have been filed under Haldimand's "unfinished business".

I was quite upset with Mayor Trainer and Council. I said Marie this was an excellent opportunity for our "Elected Officials" to work in "Partnership" with the "Residents". We had not proceeded with getting any signatures on the petition as we were waiting for Council's "Support". This could have been such a "powerful" tool, together we could have been successful in getting thousands of signatures, and in return, maybe some answers!

I don't believe that this was a lot to ask of our Council, to stand up for the Residents, but I was wrong.

This Council sits "silent", while so many have unanswered questions.

Saturday, January 5, 2008

Haldimand "The Law is the Law?"

THE LAW IS THE LAW?

I hope this makes its way around CANADA several times over!!!

So if the CANADIAN government determines that it is against the law for the words "under God" to be on our money, then, so be it.

And if that same government decides that the "Ten Commandments" are not to be used in or on a government installation, then, so be it.

And since they already have prohibited any prayer in the schools, on which they deem their authority, then so be it.

I say, "so be it," because I would like to be a law abiding Canadian citizen.

I say, "so be it," because I would like to think that smarter people than I are in positions to make good decisions.

I would like to think that those people have the Canadian Public's best interests at heart.

BUT, YOU KNOW WHAT ELSE I'D LIKE?

Since we can't pray to God, can't Trust in God and cannot post His Commandments in Government buildings, I don't believe the Government and its employees should participate in the Easter and Christmas.... celebrations which honor the God that our government is eliminating from many facets of Canadian life.

I'd like my mail delivered on Christmas, Good Friday, and Thanksgiving & Easter. After all, it's just another day.

I'd like our Government to be in session on Christmas, Good Friday, Thanksgiving & Easter as well as Sundays. After all, it's just another day.

I'd like ALL Representatives to not have to worry about getting home for the "Christmas Break." After all ~~~it's just another day.

I'm thinking that a lot of my taxpayer dollars could be saved, if all government offices & services would work on Christmas, Good Friday & Easter. It shouldn't cost any overtime since those would be just like any other day of the week to a government that is trying to be "politically correct."

In fact....

I think that our government should work on Sundays (initially set aside for worshipping God...) because, after all, our government says that it should be just another day....

What do you all think????