Six Nations land defenders completely barred from web site

It was a authorized victory for builders seeking to construct on a Caledonia property occupied by Indigenous land defenders since July 2020.

On Tuesday, Superior Court docket Justice Paul Sweeny granted Foxgate Developments a everlasting injunction barring unauthorized personnel from the 25-acre property on McKenzie Highway, which was to be a 218-unit subdivision however turned recognized internationally as 1492 Land Again Lane after being taken over by a gaggle from Six Nations.

“Foxgate has authorized title of the lands. As soon as title is established, the proprietor has the fitting to stop others from trespassing,” Sweeny mentioned in a 26-page written resolution.

“The conduct of the defendants, together with the destruction of property and the persevering with trespass, helps the necessity for a everlasting injunction.”

Sweeny was unconvinced by authorized arguments put forth by legal professionals for 1492 Land Again Lane spokesperson Skyler Williams that the Crown failed in its responsibility to seek the advice of with Indigenous communities earlier than granting Foxgate permission to construct.

That responsibility to seek the advice of, Sweeny mentioned, is owed to consultant our bodies, not people akin to Williams and his fellow land defenders.

The decide famous Foxgate did seek the advice of with Six Nations Elected Council — which agreed to not oppose the construct in alternate for money and land elsewhere — whereas the Haudenosaunee Confederacy Chiefs Council — the standard management on the reserve and the group backing the land defenders — didn’t take part within the injunction listening to on Williams’ behalf.

Sweeny mentioned to insist the Crown resolve the Caledonia dispute might result in a state of affairs the place a house owner throughout the Haldimand Tract alongside the Grand River will get the mandatory permission to place an addition on their home, solely to be stopped by an Indigenous neighbour who opposes the construct and calls for the Crown step in and negotiate an answer.

Through the two-day listening to in September, Williams’ legal professionals dismissed that situation as “unlikely,” however in his ruling Sweeny mentioned for the reason that McKenzie land title was surrendered and Foxgate obtained the property legally, the builders have the identical authorized rights as particular person owners.

“The home-owner’s title is safe, as is the title of Foxgate. Mr. Williams has no foundation or standing to problem it,” Sweeny mentioned.

The decide acknowledged everlasting injunctions must be granted “sparingly,” since they in impact determine the problem below dispute. However he mentioned Foxgate proved it had exhausted all different means to take away these occupying the property, and with out the everlasting injunction, the disruption was prone to proceed.

“Foxgate has finished all it’s required to do to construct the houses on the lands,” Sweeny mentioned. “The defendants don’t have any proper to occupy the lands.”

Two of Williams’ legal professionals, Aliah El-houni and Sima Atri of the Group Justice Collective, mentioned injunctions “are disproportionately used to take away First Nations folks from their lands, permitting century previous injustices to duplicate themselves.”

“Six Nations folks and their allies are preventing that injustice on the bottom, and we are going to do the identical within the courtroom,” the legal professionals mentioned within the assertion.

Granting the everlasting injunction might set the stage for the OPP to maneuver in and clear the location, which after practically 900 days, stays residence to land defenders and is dotted with tiny houses, a number of bigger buildings, communal backyard plots and a few development gear and supplies.

In an announcement, the Land Again group vowed to withstand any outdoors stress to evict them from what they declare is unceded Haudenosaunee territory, saying they “will stay at 1492 Land Again Lane eternally.”

“Any disruption to peace right here can be introduced on by the courts, builders, and police, which we are going to completely defend ourselves from,” Williams mentioned within the assertion.

A consultant from Foxgate couldn’t be reached for remark about the way forward for the property.

The Land Again group criticized the decide’s reasoning for granting the injunction, saying the Crown asserted title to the McKenzie property in 1853 “with out consent of the Haudenosaunee, in a time when Indigenous Individuals had no proper to defend their pursuits in courtroom.”

“That is precisely how land theft is made authorized,” the group mentioned.

In his resolution, Sweeny famous there’s a separate lawsuit underway, launched by Six Nations elected council in 1995, in search of an accounting of what occurred to the Haldimand Tract lands.

Tuesday’s ruling additionally upholds an earlier injunction granted to Haldimand County to stop anybody from blocking roadways within the county.

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