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The Hamilton Spectator Reports: (Dec 14, 2006)
     In the Ontario legislature yesterday, Premier Dalton McGuinty and Conservative Leader John Tory sparred again on the standoff. Tory accused the government of breaking a promise to have protesters off the site by the start of winter, but McGuinty said his government has worked hard to ease tensions and said Tory and his party "are eager to pour gasoline on the situation."
     A man accused of assaulting two members of a CH-TV news crew will remain in custody until his next court date in January. Trevor Miller, 31, has been in jail since August.
     The Ontario Court of Appeal is expected to release its ruling today on Justice David Marshall's order in August to halt negotiations. The province bought the site and partly argues that this action changed his order. The appeal court heard arguments in September.

The Toronto Globe & Mail Confirms It: (Dec 15, 2006)
The Ontario Court of Appeal injected a note of real-world pragmatism into a bitter aboriginal standoff in Caledonia yesterday, overturning a series of rulings by a local judge on the basis that they were badly flawed and responded poorly to an incendiary situation.
The court also rebuked Mr. Justice T. David Marshall of the Ontario Superior Court for saying that negotiations over the disputed land should be suspended until the standoff was over -- comments the court found to be both "unfortunate" and at odds with the views of the Supreme Court of Canada.
"The Supreme Court of Canada has repeatedly said that negotiation, not litigation, is the best way for our country to reconcile the claims of our aboriginal communities with the rights of the Crown," Mr. Justice John Laskin wrote in a 3-0 ruling.

Welcome To The Caledonia Quagmire

CBC Canada Reports: (Dec 15, 2006)
Premier Dalton McGuinty said he was happy the three-judge panel reaffirmed the province's right to continue talks with the protesters, but also took the opportunity to point out that land claims are a federal matter.
"We are now waiting for the federal government to bring a substantive proposal to the table that would involve a number of aspects related to this land claim, including the use of this specific parcel," said McGuinty.
Darrell Doxtdator, a senior political adviser to the elected Six Nations chief, believes the Appeal Court ruling will reduce the possibility of conflict at the site. The occupation of the former housing subdivision began nearly 11 months ago and has at times seen violent conflict.
But Doxtdator wishes the Appeal Court had the power to go further than Thursday's ruling. "I'm afraid the powers of the appellate court don't include being able to speed up the federal government," he said.

In a Toronto Star article Doxtdator told Canadian Press the decision "affirmed the paramount importance of negotiations. Sober second thought has allowed reason to triumph over passion".
David Ramsay, Ontario's minister for aboriginal affairs, was pleased that the court's decision backs the government's approach.
"We're going to find a resolution through negotiation," said Ramsay. "That's the way it's going to be resolved."
Ken Hewitt, head of a grassroots group called the Caledonia Citizens Alliance, said locals are frustrated with the progress of talks, with federal and native negotiators meeting bimonthly.
"People don't understand why this is taking as long as it has been," he said. "They're frustrated. They feel it's not important enough to resolve in a faster way."

Meanwhile, MacLeans Magazine reports:
An Ontario Court of Appeal decision that allows Six Nations protesters to legally continue occupying a disputed tract of land in Caledonia, Ont., shows that aboriginals are above the law, the mayor of the southern Ontario town said Thursday.
Mayor Marie Trainer said she had hoped the Appeals Court would uphold a lower court's order to halt negotiations with the province and federal government until protesters cleared off the proposed subdivision in the town just south of Hamilton.
"It's illegal," Trainer said of the occupation. "It shows two rules of law - you and I couldn't stay there illegally but they apparently can. That's what's irritating for everyone."
David Ramsay, the minister responsible for aboriginal affairs, said the ruling is a vindication of the province's approach to the occupation. Aboriginals are and should be treated differently, he said.
"We do take a special approach with aboriginal people," Ramsay said. "There is a long-standing injustice, quite frankly, that's occurred in this country and we're working very hard to try and rectify it."
Conservative Leader John Tory said the Liberals should refuse to negotiate with Six Nations as long as they remain on the disputed land.
There should be "one set of rules" for everyone, Tory said. While Six Nations protesters are allowed to fly their flags on the occupied land, residents who tried to put up Canadian flags near the land recently were threatened with arrest, Tory said.
"This just breeds disrespect for the law," he said. "It breeds a lot of tension and anxiety that I think is unnecessary."

The Hamilton Spectator released another article which stated:
"Persons arrested were convicted and sentenced simply by virtue of their arrest ... Under our criminal justice system, a court, not the police, determines individual guilt and innocence. The motions judge disregarded this basic principle."
The decision also says the attorney general and the police, not the lower court or Marshall, will decide if new contempt proceedings will be launched against the Six Nations protesters.
While Marshall said he was concerned about the rule of law, the higher court said, "The rule of law has many dimensions," including respect for minority rights and the resolution of this dispute through negotiations.
Haldimand Mayor Marie Trainer said townspeople respect Marshall and she'd hoped the injunction would be upheld. Jamieson said she wasn't celebrating, since the authorities can still decide to restart the contempt proceeding and no land claims have been settled.
When asked whether the attorney general would pursue new contempt proceedings, Aboriginal Affairs Minister David Ramsay said his only interest was reaching a negotiated settlement.

CTV News has reported:
A protest set for tomorrow (Saturday Dec 16th) just a few feet away from the aboriginal occupation in Caledonia is sparking fears of violence.
A Richmond Hill man is organizing a morning protest where people will hang Canadian flags across the road from the occupation to counter the Six Nations flags on the former housing development site.
Gary McHale says he expects the provincial police will prevent them from hanging Canadian flags which he says shows aboriginals are treated differently.
But many are worried the protest will provoke a confrontation between Six Nations protesters and town residents.
Aboriginal affairs minister David Ramsay says the protest is "potentially dangerous'' and "counterproductive.''
He says McHale should allow the government to continue trying to resolve the 10-month occupation at the negotiation table.

An article published in the Guelph Mercury reiterates that 'Aboriginals are above the law':
An Ontario Court of Appeal decision allowing Six Nations protesters to legally continue occupying a disputed tract of land in Caledonia shows aboriginals are above the law, the mayor of the southern Ontario town said yesterday.
Mayor Marie Trainer said she had hoped the Appeals Court would uphold a lower court's order to halt negotiations until protesters cleared off the proposed subdivision.
Instead, the appeal court ruled yesterday Justice David Marshall "erred" when he said the aboriginals had made a mockery of the rule of law by refusing to vacate the site and suggested negotiations should be suspended.
While some welcomed the decision which upholds the current negotiations aimed at ending the 10-month occupation, Trainer said it just underlines what many residents feel -- aboriginals are given preferential treatment by the government and police.
"It shows two rules of law -- you and I couldn't stay there illegally but they apparently can. That's what's irritating for everyone," Trainer said.

An article published in the London Free Press released a similar story:
While some welcomed the decision which upholds negotiations aimed at ending the 10-month occupation, Trainer said it just underlines what many residents feel -- aboriginals are given preferential treatment by the government and police.
"It shows two rules of law -- you and I couldn't stay there illegally but they apparently can. That's what's irritating for everyone."
Even though Premier Dalton McGuinty said months ago it was "unacceptable" for the occupation to continue through the winter, Trainer said hope is fading in the community. Protesters are digging in for the winter and have built shelters with wood stoves, she said.
"It's frustrating, especially when it's illegal," Trainer said.
The appeals court acknowledged the ongoing occupation has "profoundly affected many of the residents in Caledonia and Haldimand County," but it also found negotiations with both levels of government have "restored a measure of peace to the community."
Those negotiations -- rather than "the force of law" -- should solve the dispute, the ruling concluded.
David Ramsay, the minister responsible for aboriginal affairs, said the ruling is a vindication of the province's approach to the occupation. Aboriginals are and should be treated differently, he said.

The Toronto Sun echoed the story making its way around the media informing Canadians that they were second-class citizens because natives were being treated as 'special'.
Janie Jamieson, a Six Nations spokesperson, said this:
"Six Nations have always believed they were on the site legally because the land is theirs and they aren't governed by Canadian law".

Blog MyyyyyAsssss knows all too well that there is more than one side to every story and in an effort to remain fair, this Aboriginal link is provided for your perusal. Afterall - these people are special.

Please click through this website and see special pictures, special columns, and special perspectives on these very special people living in Canada but are not governed by Canadian law. An interesting concept - I wonder if I could get a similar exception? I'd just need it for a week. Enough time to go to Ottawa and knock some sense into a few idiots.