Prevent the crisis

The Hamilton Spectator
(Oct 15, 2007)

It seems to me the solution to “native occupations” is not to send in the army or police to remove the protesters, but to prevent the crises from occurring in the first place.

The way to do this is:

1) Ensure the provincial government stops issuing licences and permits to build, mine, etc. on native or contested land without the permission of the First Nations concerned. In other words, obey Sections 25 and 35 of our Constitution that state we must abide by the treaties made between the Crown/Government of Canada and the First Nations; and

2) Ensure the federal government resolves outstanding land claims in a timely fashion, before a crisis occurs, leading to the violence that arises from frustration by both natives and non-natives at endless delays and dragging of feet by the federal government.

The media have an obligation here also, to report events in an even-handed fashion, giving both native and non-native versions of events and seeing to it that there is an independent investigation of a violent event before assigning blame to one party.

Most of us don’t wish to see a continuation of the present situation that pits natives against non-natives, with opportunistic politicians and the media fanning the flames. This hurts everyone.

Courtesy of www.CaledoniaWakeupCall.com

Native protester’s lawyer using obscure treaty to derail CH case

The Hamilton Spectator

CAYUGA (Oct 13, 2007)

A native rights lawyer is relying on an obscure 300-year-old American Treaty and the spirit of the Two Row Wampum Treaty in an effort to block the courts from hearing criminal charges against a Six Nations man accused of attacking two CH television cameramen on June 9, 2006.

Stephen Ford believes his client, Irwin Ronald Gibson, belongs to a sovereign nation and his rights as an aboriginal person are protected under the Constitution Act.

Section 35 of the act recognizes aboriginal laws, customs and traditions and protects them from being infringed by provincial or federal legislation.

Gibson, 38, is facing charges of assault, assault causing bodily harm and robbery in connection with the attack.

Gibson had elected to be tried by judge and jury, which would require a preliminary hearing.

But yesterday, Ford tried to convince Superior Court Justice Alan Whitten that Ontario court judges, who normally preside over preliminary hearings, don’t have the jurisdiction to deal with constitutional challenges.

Before the criminal trial starts, Ford wants a separate hearing before a Superior Court judge solely to debate the constitutional and sovereignty issues.

Read the full story here

Land titles under review

A team of native researchers has begun reviewing all Crown land titles issued along the Grand River in the last 200 years to determine which parcels were illegally transferred to non-natives, according to a lawyer representing the Six Nations.

It’s the latest escalation in the long-standing dispute over who owns a huge swath of land extending 10 kilometres wide on either side of the entire Grand River, an area which encompasses much of Waterloo, Kitchener and Cambridge.

This week, councillors near the mouth of the river in Haldimand were warned for the second time in less than a month they could face dire consequences and legal action for ignoring the Six Nations reserve in their development approval process.

Kitchener Mayor Carl Zehr said he received a similar letter last week.

“This whole issue is very serious,” he said last night, when reached at home.

The dispute unfairly thrusts “innocent bystanders” — municipalities such as Kitchener — into the fight between Six Nations and the federal government over unsettled land claims, Zehr said. Those claims need to be resolved by Ottawa as soon as possible, he said.

The threats do not affect the business of running city hall, which operates within the laws of Ontario, Zehr added.

Read the full story here

Police prevent flag hanging; Individuals reach out

KAREN BEST
Wednesday, October 10, 2007 – 05:00
Dunnville Chronicle

Local News - A crowd of 200 gathered for a rally and Remember Us walk included Caledonia residents, out of town persons and members of Six Nations.With non-aboriginal persons dominating the audience, they released their frustration over police inaction and two standards of law. Timed purposely to fall before the Ontario election, the event was presented by Gary McHale to draw attention to the Caledonia issue and the performance of the Dalton McGuinty Liberal government.

McHale is a Richmond Hill resident who operates the Caledonia Wake Up Call website. Among the audience gathered behind the Caledonia arena on Oct. 8, a few people came forward with new ideas and reached out in an attempt to bridge the gap between Haldimand County and Six Nations residents. Elected band council Chief David General, other politicians and the Caledonia Citizen Alliance turned down invitations to speak.
 

For a 15 year old girl who lives on Sixth Line, life changed when some Six Nations individuals moved onto DCE, behind her home. She said she saw men with bats and some with guns.Subject to stares and tossed firecrackers while practicing dance routines outside, she grew frightened, sought counselling and went on medication. On Monday, she spoke out on her fight for police and justice for the seven children living on Sixth Line.

Joe Gualtieri was astounded with her story. Announcing his family wanted a public inquiry, he said answers are necessary on property ownership, two sets of laws and leadership.

Read the full story here