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Support Six Nations: Ontario Court of Appeal to Rule on Marshall Decision

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MONDAY SEPTEMBER 25: ONTARIO COURT OF APPEAL TO RULE ON MARSHALL DECISION

COME OUT IN SUPPORT OF FIRST NATIONS' STRUGGLE FOR LAND AND SOVEREIGNTY GATHERING IN

SUPPORT OF SIX NATIONS AND GRASSY NARROWS
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Please join us:
Monday, September 25, 2006:
Queen’s Park
12 noon

Speakers will include:
Chrissy Swain, Grassy Narrows
Zainab Amadahy, Indigenous Caucus of the Coalition in Support of
Indigenous Sovereignty

** Also, scroll down for revised information about writing letters of support for Six Nations. **

WHY MONDAY SEPTEMBER 25th?

On Monday, September 25th, the Ontario Court of Appeal will revisit the ruling made by Justice Donald Marshall on August 8, 2006. In his ruling, Marshall stated that the government should refuse to negotiate with native leaders until court orders are respected, all contempt charges laid in the early spring are enforced, and the land reclamation has ended. As part of his order, Marshall stated an injunction obtained by Henco Industries in March would not be dissolved until people were removed from the site, part of ‘Douglas Creek Estates’.

The Attorney General of Ontario promptly filed for an appeal of Marshall’s decision. On August 22nd, the Ontario Court of Appeal stayed the decision, pending a full appeal. On Monday, this appeal of Marshall’s order will be heard. The proceedings are scheduled for two days, and a decision is expected on Tuesday, September 26.

During the August 22nd court proceedings, a three-judge panel of the appeal court did rule that a contempt order against the people of Six Nations reclaiming the land now called Kanonhstaton (The Protected Place) ran out on July 5, when the province bought the Caledonia property from Henco Industries Limited.

“The province owns Douglas Creek Estates,” the panel wrote. “It doesn’t claim the protesters are on its property unlawfully. It is content to let them remain. We see no reason why they should not be permitted to do so.”

The judges rejected Ontario Superior Court Justice David Marshall’s opinion that people had to be evicted from the site, in order to restore the rule of law in Caledonia.

The aboriginal protesters occupying a disputed land development site on the edge of Caledonia “are not there unlawfully,” a lawyer for the province told the Ontario Court of Appeal in August.

The negotiations, which began again on September 11th, went ahead without fear that any party to them — the federal and Ontario governments, the elected chiefs of the Six Nations or the traditional band council — would be found in contempt of court.

In fact, the Court of Appeal found in August that the court order arising from the judgment, signed by Judge Marshall, made no mention of the negotiations.

“As events turn out, what Justice Marshall said is nothing more than an expression of his opinion,” said Chief Justice Dennis O’Connor. “There is no legal effect.” But lawyers for Ontario’s Ministry of the Attorney General wanted the Appeals Court to stay the order anyway, to clear up any confusion over the ruling.

The court proceedings on Monday will finally resolve what impact, if any, the Marshall decision can have on the people of Six Nations and the talks that continue between representatives of their Nation and Canada.

Come and stand with us on Monday, to show our support for the continued and resilient resistance of the Six Nations people. Come out to show your recognition for the demand of the Onkwenonweh people that: “In order to resolve the outstanding land issues concerning Onkwehonweh Territories including the Haldimand Tract, full negotiations with the Six Nations people, on a nation-to-nation basis, must continue”.

Please join us:
Monday, September 25, 2006:
Queen’s Park
12 noon

Speakers will include:
Chrissy Swain, Grassy Narrows
Zainab Amadahy, Indigenous Caucus


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SUPPORT SIX NATIONS: CALL FOR LETTERS
WRITE TO FEDERAL AND PROVINCIAL NEGOTIATORS/LEADERS TODAY!

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Find out how you can support - a sample letter is included below.
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Scroll down for the sample letter.

To voice your concerns send an email, phone or fax:

Prime Minister Stephen Harper
Office of the Prime Minister
80 Wellington Street
Ottawa K1A 0A2
Fax: 613-941-6900
Email: pm@pm.gc.ca

Jim Prentice, Minister of Indian Affairs and Northern Development and
Federal Interlocutor for Metis and Non-Status Indians
Parliament Hill: House of Commons
Ottawa, Ontario
K1A 0A6
Telephone: (613) 992-4275
Fax: (613) 947-9475
Email: Prentice.J@parl.gc.ca

Barbara McDougall, Federal Negotiator
Former Cabinet Minister
c/o Jim Prentice

Jane Stewart
Provincial Negotiator, Province of Ontario
Former Brantford MP and former Federal Indian Affairs Minister
c/o Dalton McGuinty, Premier of Ontario
Legislative Building, Queen's Park
Toronto, Ontario
M7A 1A1
Phone Number: (416) 325-1941
Fax Number: (416) 325-3745

To send your thoughts and suggestions to Premier McGuinty, visit
http://www.premier.gov.on.ca/feedback/ and send your message through the secure online form.

Find and contact your own MP:
http://www.parl.gc.ca/information/about/people/house/PostalCode.asp?Language=E&source=sm


SAMPLE LETTER

To: Stephen Harper Prime Minister
Jim Prentice, Minister of Indian Affairs and Northern Development
And Federal Interlocutor for Metis and Non-Status Indians

I am writing to you for two reasons, both are in regards to the current land reclamation taken by the Six Nations at the portion of the Haldimand Tract known commonly by many as Kanonhstaton and known to others as the Douglas Creek Estates, Caledonia.

First, the group known as Caledonia Citizen’s Alliance, actively and openly promotes acts of violence and race based hate crimes as defined within the Criminal Code of Canada against the Native people of the Six Nations Territory. Their (Caledonia Citizen’s Alliance) actions are considered acts of terrorism, which in turn perpetuate colonialism. I urge you to address both the threats of violence and the actual acts of hate and violence being conducted by Caledonia citizens and their supporters against the people of Six Nations during this historic event.

Secondly, I am also writing to demand that the corporation known commonly as the Canadian government, as an agent of the British Crown, uphold its responsibilities to honour treaties and land rights and return full title of Kanonhstaton AKA Douglas Creek Estates, Caledonia to the people of Six Nations. Land rights as part of Aboriginal rights are protected by law in the Canadian Constitution.

In order to resolve the outstanding land claims concerning Onkwehonweh Territories including the Haldimand Tract, full negotiations with the Six Nations people, on a nation-to-nation basis, must continue. We understand that the precedence for this process has already begun and commend the corporation known commonly as the Canadian government, as an agent of the British Crown for your attempts to reverse the colonialism endured by the Onkwehonweh since/around the time of European contact, by continuing negotiations with the traditional Royani representatives of the Six Nations Confederacy.

I strongly urge you to heed these words and take action to ensure continued peace and individual accountability during these talks and deal fairly with the Onkwehonweh.

Sincerely,

posted by Annamarie at 10:14 PM