Judge reserves decision in dispute between Aboriginals-Brantford

A tense impasse between this southern Ontario city and a group of Aboriginal protesters over a land claim remains unresolved after a judge reserved his decision Friday on whether to impose conditions on the protesters before adjourning the matter.

Several hundred Aboriginals toting placards and flags rallied outside the courthouse to garner the support of their non-Aboriginal neighbours while city officials sought an injunction tied to a contentious land dispute. Police kept an eye on the rally and surrounded the city block with barricades.

All parties representing the Aboriginal protesters requested an adjournment so they could have more time to prepare, but the city asked the court to at least impose an interim order requiring the protesters to "cease and desist" their "illegal" activities pending the outcome of the case.

"We need to restore law and order to this city, and this is the way to do it. This is causing irreparable harm."

City officials allege Six Nations protesters have shut down work at several construction sites and are asking the court to impose an injunction that would ultimately bar them from occupying the sites. Lawyer Neal Smitheman argued the activists are a "public nuisance" and that they're having a "direct impact on the City of Brantford's ability to govern."

The injunction also asks for $110 million in damages and for the federal government to put the Armed Forces on notice in the event of a violent confrontation.

"We need to restore law and order to this city, and this is the way to do it," Smitheman said in Ontario Superior Court, suggesting the city is facing insolvency because of the ongoing occupation.

"This is causing irreparable harm."

The city alleges protesters from the Haudenosaunee Confederacy - including Aaron Detlor, Floyd and Ruby Montour, Hazel Hill and others - trespassed on private property, barricaded entrances to various construction sites and stood in front of machines, making it impossible for developers to work.

The city also alleges the Aboriginal group requested thousands of dollars in application fees to receive development permits from the so-called Haudenosaunee Development Institute, an aboriginal body also named in the injunction application that's seeking fees from developers in the Haldimand Tract along the Grand River.

Smitheman elicited laughter from the packed courtroom when he said the actions of the Aboriginals were akin to a "shakedown" and were "as close to extortion as you can get."

The lawyers representing the Aboriginals disagreed with many of the allegations and sought time to cross-examine witnesses on some of the evidence. They're also asking the court to appoint a case manager, and they presented motions urging both the province and federal government to get involved.

They also presented a motion questioning the constitutionality of a bylaw recently imposed by the city that prohibits interference with developers, construction and access to property.

"We simply are not ready to deal with all the issues," said Marlys Edwardh, who is representing Detlor.

"This city is not lawless, and police are doing what they're supposed to do, which is exercise sound judgment and discretion."

No city officials were present in the courtroom, but Coun. John Bradford told The Canadian Press nobody would comment on the case while it's before the courts. He also confirmed Mayor Mike Hancock was on vacation in Cuba.

Outside the courthouse, Ruby Montour said Aboriginals are the ones who have been extorted for years as Canadians usurp their land.

"If you're cheating an Indian, you can get away with it in a Canadian court - it's OK," she said. "But don't do it to a Canadian because you can go to jail.

"But you can do it to an Indian, and they've been doing it for centuries. But it's time that people around the world hear how we've been treated by these Canadian courts."