City wants Canadian Forces to intervene if native dispute explodes
The Canadian Press
May 23, 2008
TORONTO - A southern Ontario city wants to put the Canadian Forces put on notice in preparation of a potential riot by aboriginal protesters.
That request is a highlight of a court document that goes before the Superior Court on Friday and includes a request for $110-million in damages and relief.
The injunction also seeks to prevent aboriginals from protesting at development sites around Brantford, Ont.
The motion being filed by the city asks the judge to notify the attorney general that the services of the "Canadian Forces are required," because tensions continue to rise as the frequency of protests picks up.
"A physical confrontation and disturbance of the peace or riot is inevitable and imminent," said the motion.
Because of the 150-officer size of the Brantford Police, the service would "not be able to effectively protect public safety when the full-scale disturbance or riot occurs," it adds.
The city's decision to seek an injunction against protesting aboriginals should serve as "an example of leadership" to the province's Liberal government, Progressive Conservative Leader John Tory said Thursday.
A separate injunction brought by Kingspan Group PLC orders protesters to vacate a property under development by Kingspan. It was posted outside the contested land on Wednesday.
In a statement issued Thursday, Mr. Tory commended Brantford Mayor Mike Hancock for taking "appropriate action through the courts," when neither Premier Dalton McGuinty nor his ministers have "had the courage" to do it themselves.
"While we support the negotiation process, our party has consistently maintained that the rule of law in Ontario must be upheld and that the provincial government should take all available steps to address any incidents of lawlessness through our court system," he said.
"As such ... we were pleased to hear of the decision by the City of Brantford to pursue this avenue in the absence of any meaningful action or resolution from Mr. McGuinty or his government."
A spokesman for Aboriginal Affairs Minister Michael Bryant said the government does not comment on matters that are before the courts.
The injunction sought names the Haudenosaunee Development Institute, protesters Floyd and Ruby Montour and various other people.
The move follows a unanimous decision by council to pass two city bylaws that prohibit demands for unauthorized payments, or other conditions of development, and prohibit interfering with a development approved by the city.
Mr. Hancock told the Brantford Expositor that he's repeatedly met with developers who have put work on hold or backed off on projects because of the aboriginal dispute.
"I'm not terribly happy about doing this but we're doing what council believes is necessary to protect the city of Brantford," he said.
The ongoing occupation of a former housing development in Caledonia - which has cost the province more than $50-million to police and has turned violent at times - began with a similar injunction.
Protesters involved in the Brantford occupation vowed to continue fighting, suggesting the problem won't be resolved unless "concrete steps" are taken by the federal, provincial and municipal governments.
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