UPDATED 1100 EST June 03/08
Brantford and democracy wins big! Yesterday, June 02/08, the judge granted the injunction to the City of Brantford, ordering that there be no more blockades, threats, intimidation, work stoppages. See, ‘Big win for Brantford and for Canada!‘
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Yesterday, the lawyer for Brantford responded forcefully to a threat against Canada and the rule of law from Ovide Mercredi, former National Chief of the Assembly of First Nations, that was – unbelievably – actually read out loud in a Brantford courtroom on Friday:
The man who was the National Chief of the Assembly of First Nations for most of the 1990s had some dire words of warning for Brantford. Ovide Mercredi filed an affidavit from Winnipeg as part of the defence against Brantford’s request for an injunction against native protesters.
“If an injunction is issued in Brantford in these circumstances, I have grave doubts that the peace will hold. Moreover, I think it is important for the court to understand that organized groups, institutions and leaders with aboriginal nations will not … have the authority to control the actions of the individual members of their communities.
“An injunction employed to restrain the exercise and assertion of aboriginal rights not only threatens the public peace and safety but fundamentally undermines the rule of law.”
Brantford Expositor, May 31/08: Former First Nations chief issues warning to city [REPRINT] [PDF]
Christine McHale was in court when Brantford’s lawyer Neil Smitheman rightly told the judge (paraphrased), “If the court allows itself to be threatened, democracy in Canada is finished.” Well said, sir. Very well said. Brantford, you hired the right person for the job in Mr. Smitheman!
Smitheman also had some choice words about the HDI extortion program, too:
A lawyer for the City of Brantford compared the Haudenosaunee Development Institute (HDI) to a criminal organization that’s extorting fees from the Brantford development community.
Neil Smitheman also suggested to Superior Court Justice Gerald Taylor yesterday that the native-run HDI has, in effect, created a “shadow government” that has usurped the local municipality.
“It constitutes an unlawful conspiracy … a public nuisance unique to the City of Brantford. It has had a direct impact on the City of Brantford’s ability to govern,” Smitheman said.
He said native protesters have been scaring off developers by blocking construction sites, intimidating workers and referring developers to the HDI.
He then quoted a number of fees a developer would have to pay to the HDI for his project to go ahead.
“There’s no other word for it … It’s a shakedown … as close to extortion as you can get,” Smitheman told the judge.
Hamilton Spectator, May 31/08: HDI fees ‘extortion’ [REPRINT]
Again, well done Mr. Smitheman! Well done, Brantford!
Word is that native thugs are trying to smear Smitheman with the same BS accusations of ‘racist’ they tried on us. Readers may wish to counter the smear campaign and show their appreciation to Brantford and Mr. Smitheman for standing up for the rule of law by writing a letter to the Brantford Expositor and the Hamilton Spectator:
Brantford news coverage
For complete coverage of stories about Brantford’s response to the occupations and threats by native extremists – including a very nice picture of Ruby Montour holding a sign saying, “Indian Wars Alive in Ontario,” and a threat of violence by Chief MacNaughton, see:
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CaledoniaWakeUpCall.com feature: Occupation in Brantford
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CaledoniaWakeUpCall blog: Natives rally against law and order while injunction hearing continues (Jeff Parkinson talks about his day in Brantford, how Lynda Powless was spreading the lie that Gary McHale assaulted her on Dec 01/07 at the smokeshack protest. Too bad, as she well knows, there’s video of her grabbing McHale’s arm and hanging on as Clyde Powless jumps McHale from the rear as he’s swarmed, kicked and punched by native thugs! Too bad, as well, the OPP charged Camille Powless with Public Mischief for her ‘street theatre’ performance in which she fabricated an assault charge against McHale before assaulting HIM. See, ‘Caledonia violence deliberately incited by depraved liar‘ and ‘CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence‘ for more info about how native thugs attacked non-native protesters on Dec 01/07’ and tried to frame McHale with fabricated complaints.)
VoC comment
I can’t believe that native extremists have the nerve to talk – as Ovide Mercredi did in threatening Canada – about the ‘rule of law’ out of one side of their mouths while they make outrageous threats of violence out of the other side! The Supreme Court has defined what aboriginal rights are and what they aren’t. The Supreme Court has defined the limitations on Duty to Consult. The Attorney General of Ontario provided a legal opinion to the Ipperwash Inquiry saying that the ‘Colour of Right’ section of the Criminal Code does NOT give natives the right to commit crimes and illegal occupations. In fact, there is NO legal basis that bestows special rights on natives to break the law. None. We know because we did the research:
Well, at least, it’s out in the open, now. The gangsters have given up pretending that their goals have anything to do with peacefully settling legitimate grievances, but are acknowledging – in actuality – that they are intent on nothing more than a violent cash grab and sociopathic insurrection based on a complete lack of respect for the law that protects both them and their fellow human beings. They complain about injustices committed against them in the past even as they commit injustice after injustice to innocent people today. What gall! What hypocrisy! What a surprise. Gee, who could have known? We’ve only been warning about it for the past 20 months.
Shame on those who preferred appeasement and wilful blindness to the evil threats posed by native extremists during the past two years. Shame on Haldimand Council for doing nothing to confront the injustice and evil in their community. Actually, Haldimand just didn’t ‘do nothing,’ it actively worked against its own citizens and those of us trying to sound the alarm. Will they ever stand up and be counted in this fight? Will they reach out to support Brantford in any way? Will they… Aw, who cares anymore? We’ll win in spite of their very worst efforts.
In fairness, I must point out that Mayor Trainer has spoken the truth, both in public and in private since the beginning of the Caledonia occupation, although I am disappointed that she chose not to stand with the victims of native lawlessness from her town such as Dancer or the brother of Sam Gualtieri on Oct 08/07 during our ‘Remember Us’ March. Still, she is an honest woman who has had no support from her council. I do believe that, if it had been up to her, Haldimand would have made a strong stand for her people similar to that of Brantford.
Other important developments
1. VICTORY FOR CALEDONIA CLASS ACTION SUIT: Our lawyer, John Findlay, won a vital court battle on May 29/08 for the Caledonia Class Action lawsuit (We are not part of the CA, Mr. Findlay acts for us in other Caledonia-related matters) when a judge denied the McGuinty government an appeal to block the suit. This means that the next and final step, Certification, can proceed. If the suit is certified, Mr. Findlay will become the defacto spokesperson for Caledonia and will be able to subpoena all the documents and evidence McGuinty and Fantino would rather keep private. No doubt the lights were burning bright at Queen’s Park and Orillia on Thursday.
Justice David Crane dismissed the Ontario government’s application to kill the lawsuit in December and has now ruled the province cannot appeal his decision.
The suit alleges the county, police and province broke laws by allowing the closure of Argyle Street, the closure of the Highway 6 bypass, interruption of hydro in Caledonia, and by failing to enforce court injunctions.
Canadian Press/AOL News, May 29/08: Ontario won’t get appeal in bid to block potential Caledonia class-action suit
For more info on the Caledonia Class Action, visit www.caledoniaclassaction.com. Also, for a detailed look at how native lawlessness and the OPP protection force that protects them impacted one Caledonia family, be sure to see the Brown/Chatwell $12M Statement of Claim – it is shocking!
John Findlay is a great, unsung hero – an honest man who took on a corrupt police force and a corrupt government on behalf of other unsung heroes: the individuals and businesses who stood up to join the action when few would. Some of their businesses were even ostracized by McGuinty-friendly citizens and organizations who sold their souls, their fellow business people, their town, their province and their country down the river for the sake of political expediency and appeasement. When the story of Caledonia is written, John Findlay and the people who stood with him on behalf of their town will be remembered while the rest will get the obscurity they so richly deserve.
2. TOBY BARRETT TAKES ON ‘TOWER POWER EXTORTION’: MPP Toby Barrett has recognized the dangers of giving in to native extortion and threats. He sent me an email yesterday with a transcript of his statement in the Legislature about the dangers of giving in to the outrageous ‘suggestion’ from a native coalition that giving them a 49% share in electricity lines would ‘lessen the possibility of vandalism.’:
Re: Is This Tower Power Extortion?
Toby here,
Many of you have heard a coalition of native groups is proposing to own a 49 per cent share in a new transmission line from Sudbury to Barrie.
The Premier, during a media scrum on Wednesday, said some very interesting things about this proposal. I made a statement in the Ontario Legislature in response to McGuinty’s comments and the Hansard transcript is pasted below.
Take care,
Toby
ELECTRICITY TRANSMISSION
Mr. Toby Barrett: CBC reports that a coalition of native groups is proposing to own a 49% share in new electricity transmission lines from Sudbury to Barrie. It has been suggested that share ownership would lessen the possibility of vandalism.
We saw vandals damage the power towers in Caledonia two years ago. The Niagara-to-Caledonia power lines have been sitting unfinished for the past two years.
Is this government now going to hand over shares of public assets to prevent vandalism? Is this bowing to extortion?
The Premier said this morning, ” I can say I like the notion of finding more ways to put more of these central revenues into the hands of our aboriginal communities, and if there’s some possibilities there, we’ll look at them.”
We see what happened in Brantford because the people of Brantford refused to do business with the HDI extortionists, but this government has refused to protect the people in Brantford from these extortionists, those in HDI asking for money to make the protests go away.
I have questions, Speaker. Are the public, our electricity ratepayers, going to have a say in whether their transmission assets are going to be handed over? Will people in Ontario, electricity users, want to be part of any potential for extortion?
Well done, Toby! Without your scrutiny, you just know McGuinty would fall all over himself to bribe natives not to commit crimes.
We’ve certainly come a long way, baby. A year and a half ago, there wasn’t a single politician in Ontario willing to speak out against native lawlessness exept for Toby Barrett, who spoke at Gary McHale’s inaugural March for Freedom event on Oct 15/06. And, of course, let’s not forget the historic ‘Barrett Proclamation.’
The province of Ontario owes McHale a huge debt of gratitude for his willingness to be arrested; to have his character smeared; to be threatened and attacked by native thugs; and even, lose his home as part of the price he was willing to pay for standing up to native gangsters, the OPP, the McGuinty government, and lazy, politically-correct media in order to make it politically-correct for politicians and now, the media, to speak the truth today about the dangers of native extremism.
We also owe a lot to the ‘ordinary’ – extraordinary – women at that historic event who stood up with McHale and Barrett when too many of their fellow citizens were afraid to do so: Mary-Lou LaPratte of Ipperwash (right) and Anne-Marie VanSickle of Caledonia (left).
(Be sure to read, ‘The Strength of a Woman’ – Mary-Lou LaPratte, Ipperwash hero for info about this most amazing woman upon whose shoulders we have stood in the struggle to end race-based policing.)
And let’s not forget the loyal group of supporters from inside and outside Caledonia who have stood with us through it all, both in public and in helping us behind the scenes. You know who you are.
CANACE calls for RCMP to take over investigation after Fantino blames victims of Caledonia violence
- Private prosecutions against several native protesters have been filed by CANACE this week.
- Private prosecutions against OPP officers (not the same ones as in #3) have been filed by CANACE. The judge has yet to certify the charges in court; the hearing will be next week.
- In ‘Dramatic developments coincide with CANACE activities,’ I revealed that CANACE directors had a meeting with two federal MPs. I’m pleased to report they have offered to seek assistance for a current CANACE endeavor which, if successful, could dramatically change the face of this struggle. No guarantees. Don’t be disappointed if it doesn’t result in anything, but the offer has been made. Remember, CANACE is like an iceberg – our protests represent about 10% of what we do.
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http://ucare.wordpress.com/membership-info/
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VoiceofCanada
Director of Research
Canadian Advocates for Charter Equality
www.VoiceofCanada.ca 
Dear Mark,
The next few weeks will be interesting to say the least. Kudo’s to all of you in the success of bringing these issues to the forefront.
I am especially pleased with the actions of Toby Barrett in demanding answers from the government in the areas of police interference by Michael Bryant, Rick Bartolucci , and Chris Bentley. I cannot believe that any government would entertain a public utility be placed in the share holder’s hands of any ethnic group in this Province to abate vandalism. Don’t we have laws that deal with vandalism by any source???? Why do we have to succumb to blackmail to solve a vandalism problem????
Ovide Mecredi must be going nuts to post such a ridiculous press release. All reserves have police. Why can’t native reserves control their law breakers???? Since we pay for their policing through a tri-partite agreement funded by the Federal Government and the Province we have a right to expect them to uphold the law. Neil Smitheman sounds like a no nonsense kind of guy. At least one person in the court is calling a spade , a spade.
I have read the Nanfan Treaty and the Haldimand Proclamation. No where in either does it give natives the right to jurisdiction over the Province of Ontario. It is time for the Federal Government to openly print and discuss for Ontarians the terms of these contracts and verify to all what any reserve is given under these terms.
Mis-information is fueling the calls to war by the SN, the AFN and the words of Ovide Mecredi. Someone in the government(Federal) better stand up soon and tell Canadians the truth. I suspect the huge amount of money made by the bureaucrats in Indian and Northern Affairs is the reason no one is speaking out with the truth to those who are footing the bills, we the humble taxpayer.
MLL
VoC REPLY: Mary-Lou LaPratte is a longtime resident and community leader before, during and long after the death of Dudley George in Ipperwash and, in the process, became the most knowledgeable person alive on the subject of land claims and their associated effects on innocent third parties. Take a few moments to read, ‘The Strength of a Woman’ – Mary Lou-LaPratte, Ipperwash hero if you haven’t already done so. And, if you’d like to read a true Canadian horror story, read her chronological history of Ipperwash that she submitted to Part 2 of the Ipperwash Inquiry. Unfortunately, they refused to publish it. When you read it, you’ll understand why. While you’re at it, have a look at the victim impact letter written by the Ipperwash CAO in 1996 to see who the town blamed for the death of Dudley George. It wasn’t entered into evidence, either.
Mary-Lou well knows the price of misinformation and race-based policing. It is astounding to me just how uninformed some people are, or are pretending to be. See the comment below from Granny, who has written innumerable times to both VoC and CWUC defending the lawlessness by native extremists with arguments and ‘facts’ that bear no resemblance to reality. Here is a woman who has insulted us, personally and with her illogical statements, repeatedly for at least 18 months yet, refuses to read the research we made available, preferring to spread even more misinformation. It’s outrageous, and it’s dangerous. How are native people served by lies?
Jeff Parkinson was in Brantford on Friday videotaping, and a native woman told a cop to watch him ‘because Gary McHale assaulted a native woman’ on Dec 01/07. This is an outrageous lie that was spread through the native community by native media and a chief who made a similar statement to the media when both knew or ought to have known that there is video evidence proving that it was a native woman who attacked McHale AFTER she falsely accused him of assault. Moreover, even the OPP felt it necessary to charge her for fabricating the assault. (They wouldn’t charge her for the assault even though they were very keen to charge McHale for the assault against her he hadn’t committed. He had to lay his own charge via a private prosecution.)
VoC, Dec 08/07: Caledonia violence deliberately incited by depraved liar
How is the native community served by those who spread lies and misinformation? How does that move us to meaningful reconciliation and true justice for all people, native and non-native? Enough of the lies! The only motive I can see for the deliberate spreading of lies is to incite hate against non-natives to justify the violence that is now being openly threatened by so-called native leaders.
Where are the peacemakers working on behalf of Six Nations? Where are those who would be willing to explore, understand and share the truth no matter where it leads? Two years later, all we seem to have gotten is violence, extortion, lies, vandalism, and threats of more to come as Neville Chamberlain-types working for McGuinty try to appease them into stopping. How sad. How silly. How dangerous.
Thanks for writing Mary-Lou. Regards, Mark
“‘Colour of Right’ section of the Criminal Code does NOT give natives the right to commit crimes and illegal occupations.”
They do have the right to insist that no development occur land in dispute!
So do you: If you have a legitimate dispute over title, you would have that right too.
VoC REPLY: Sorry Granny, they most certainly don’t have that right, and neither do I. I suggest you read Myth #5 of ‘Legalized MYTHS of Illegal Occupations’ where it talks about the Myth of Duty to Consult in relation to the Supreme Court decision, Haida Nation v. British Columbia.
Third parties such as builders and municipalities have NO duty to consult or accommodate. ONLY the Crown has that duty, and ONLY the Crown is liable for failing to do so. The court even went further than that to say natives do NOT have a veto on development on land under claim. And even further to say that the Crown has no duty to reach an agreement, only that it has a serious duty to consult and accommodate where credible claims are involved.
Check your facts, Granny. Don’t take my word for it, the URLS of the court decisions are in the report.
And, by the way, the Supreme Court also says natives have a duty to negotiate in good faith, that they cannot ‘frustrate’ the consultation process. That means, they’re NOT allowed to use criminal behaviour and threats of violence.
If native people believe they’ve been mistreated, they can do what the rest of Canada does – use the courts to lay their evidence on the table, in the open. If I thought someone had cheated me out of land, that’s what I would do.
Regards, Mark
Dear Mark,
It seems the natives have the right to build a home behind an illegal smoke shack on Argyle St. in Caledonia and also a new road off HWY 6 into the smoke shack. MTO and OPP have been informed and are doing nothing. The dozer is busy, busy tonight. Residents realize that no one will stop this and it will definitley create a danger turning off onto Argyle St. I don’t think McGuinty’s Ontario at this point is worth saving.
It is time to get out.
MLL
VoC REPLY: I sympathize…but where are you going to go to get away from liberalism gone stark raving insane, assuming you’re not moving to the U.S.? Regards, Mark