Caledonia: He Who Was Not Obeyed

CFRA;

An Ontario Superior Court judge has ordered the OPP, Ontario Attorney General, First Nations leaders and developers to a special court session on Thursday.
Justice David Marshall wants to know why his order to remove barricades near a housing development in Caledonia haven’t been enforced.

Pretty good question, eh?
Shere Khan has more.
(h/t Maz2 in the comments)

33 Replies to “Caledonia: He Who Was Not Obeyed”

  1. This is the more signifigant comment in the whole thing: “The decline of the Canadian Empire takes another turn. I mean, without enforcement of the law, we may as well be monkeys in trees flinging crap at each other.”
    It’s disgusting that the First Nations militants can openily flaunt the law without any retribution.
    Ridiculous!!!!

  2. The good news is that this Judge did not mention the Federal Government in his anger at lack of enforcement! Every radio talk show host I have listened to has been very hard on Diane Finley–now the Judge places the blame solely at the feet of the Province and the police. Good for him.
    This is what Canada has become–political correctness will kill us–and the Lefties will be fiddling while Canada burns.

  3. Silly Judge, doesn’t he know that if you don’t like the law you can just be ‘civilly disobedient’ and find some enabling politician that just wants to negotiate and ‘get along’ and play out your ‘drama’ in front of the MSM until you get what you want, or intimidate your opponent into giving up.

  4. Yes and in this case it is the idiot Bryant who think getting rid of dogs make Ontarians safer

  5. George wrote
    …political correctness will kill us–and the Lefties will be fiddling while Canada burns.
    I’m not really a leftie, but can I play bass in this?

  6. Guilt. What a trip.
    Sorry about my great-great-great-great-great grandfather’s behavior to slaves and aboriginals.
    But, hey, since there is no racism (except for his descendents), then I guess I’m not guilty because I didn’t do it.
    Have I got that right? Since everybody else is non-racist, then others can only hold me accountable for my own actions, not my ancestor’s, nor others of my race).
    So, feeling guilty about what the ancestors have done is racist.
    Not enforcing the law in Caledonia because of ‘guilt’, is, therefore, an act of racism.

  7. At first glance it seems that the judge “gets it” but in fact there is no reason to think that his anger at the other powers-that-be is based on anything other than outrage at being ignored.
    But I’m still willing to give him kudos for the original order and the follow-up (and thus the benefit of the doubt.) I wonder though, why he didn’t speak up sooner…

  8. The cops didn’t seem to have any reluctance when they dragged those protesters off the highway in BC recently.

  9. Wars are fought and they are won by some and lost by others. “Conflicts” arise out of disagreements and may escalate to full blown ‘wars’ or not.
    In either there are those who win and those who lose. Indians in this country lost then but are winning now because we refuse to accept the idea that , for good or ill , others came to this land and developed it into a country. We owe the natives abolutely nothing except the opportunity to assimilate.
    To do anything else is to ensure our ultimate demise as a country. It has cost us dearly for “The Department of Indian Affairs” and continues to cost us, much more than we can afford.
    Just as ‘multi-culturalism’ will be our downfall.
    We need one language to which all can ascribe. One country. One law and the rule of law enforced with equality for all.
    Those of us who pay the bulk of the bill for all services in this country are now second and third class citizens for all of those who feel they have some ‘claim’ or other on the system.
    The law is the law and must be obeyed by all. Natives should not be getting a ‘pass’ or in any way treated as a ‘special’ case.
    That has caused us no end of ill and will continue until we embrace all in this country as equals under the law and in the land. That includes Quebec and their ‘special’ status regarding French language supremacy.

  10. The problem is that our constitution was set up so that …”some are more eqaul than others”…

  11. I FEAR this is nothing more than a judge pissed that he was defied and his order was not enforced.
    I HOPE that this is yet another sign of the winds of change starting to sweep across this great country.Political correctness is nothing more than a primarily liberal infection of our democracy.To trump the rule of law with actions designed purely for political expediency is just plain wrong.It is also chickensh*t,dishonest and immoral to treat one race different than another(racism by any definition)while simultaneously b*llsh*tting the population with grand claims of multi-cultural success.
    While I’m on the general topic,please allow me to get this off my chest too.I’ve often wondered how the many asian,black,green and purple people who also built this country feel when they are racially defined as the”whiteman”by some self-serving indians.Or did I miss the meeting where natives decided all non-whites in this country(despite their ancestors behavior)got a free pass?Or dare I say,does their racism run so deep that if you are not aboriginal,well,that is all they need to know!
    Oh sorry,please forgive me,I forgot…Political Correctness rule #1.
    Only caucasians are racist!

  12. (Off topic)
    Update on Caledonia transformer damage at
    citizensofcaledonia.ca/Victoria_Day_Transformer.htm
    I have seen an estimate that this damage was $1.5M
    In case you missed the photos; Victoria Day photos at
    citizensofcaledonia.ca/Victoria_Day_Weekend.htm

  13. Seem to me it has become politically expedient for the McSquinty government to ignore property rights as well as legal judgements in this case.
    Let’s pause for a moment to reflect on that spectacle, shall we? A government for whom the law is inconvenient, and so they have decided not to bother with it.

  14. Who come up with the term political correctness. First I heard it used by Barbara Frum on the Journal. I have always thought, and said, it was an excuse not to tell the truth. Perhaps winds of change are coming. The Caledonia protest might have been the straw that broke the camels back, and Harper will pass legislation making everyone equal before the law. As more sp. interest groups lose fed funding and have to cough up their own money, we will see how serious they are. Lets end multiculturalism, bilingualism, political correctness, and open immigration.All immigrants must speak english to get in, and accept the cdn culture, education and dress. Quit protecting young offenders and publish their names. Unions must pay for damages caused on a picket line and lost wages for others affected. Students must pay for any damage caused in schools, protestors go to jail. Wonder if a party had those in an election platform, would they win. The msm, libs and dippers would go crazy. Might need to build asylums for them. I want my country back.

  15. Halleluja to the judge. If judicial orders are ignored, then aboriginals and other groups could set up blockades anywhere they please.
    I don’t like all the laws in Canada. However, I do respect them (most of the time while I travel 120 km/h along the 401 in Toronto).

  16. Yeah I’d say that’s a fabulous question.
    I like how you wrote this post, Kate. Something saying less is more.
    Something I will have to learn. For example, I remember 16 years ago when I was fishing with my grandpappy down by the Grand Omanp

  17. For the Record: The Ontario Provincial Police refused to obey the court order from Justice Marshall.
    Native occupiers stay at Ontario site as deadline passes
    Last Updated Wed, 22 Mar 2006 15:53:42 EST
    CBC News
    A court-imposed deadline has passed without arrests as native protesters continue to occupy a construction site near Caledonia, Ont.
    * INDEPTH: Aboriginal Canadians
    Native protest near Caledonia, Ont.
    Ontario Provincial Police told reserve officials Tuesday night they didn’t plan any arrests on Wednesday, despite a 2 p.m. deadline set by a judge last week for the protesters to leave. The police planned to monitor the situation. …
    http://www.paulding.net/bin/url.cgi/13299.2
    Extract:
    http://www.attorneygeneral.jus.gov.on.ca/english/about/ag/agrole.asp
    Roles and Responsibilities of the Attorney General
    The Attorney General has a unique role to play as a Minister.
    One part of the Attorney General’s role is that of a Cabinet Minister. In this capacity the Minister is responsible for representing the interests and perspectives of the Ministry at Cabinet, while simultaneously representing the interests and perspectives of Cabinet and consequently the Government to the Ministry and the Ministry’s communities of interest.
    The Attorney General is the chief law officer of the Executive Council. The responsibilities stemming from this role are unlike those of any other Cabinet member. The role has been referred to as “judicial-like” and as the “guardian of the public interest”
    Chief Law Officer of the Executive Council (s. 5(a))
    The role of chief law officer might be referred to as the Attorney General’s overall responsibility as the independent legal advisor to the Cabinet – and some have even suggested that the role possibly extends to the Legislature as well. The importance of the independence of the role is fundamental to the position and well established in common law, statutes and tradition.
    As chief law officer, the Attorney General has a special responsibility to be the guardian of that most elusive concept – the rule of law. The rule of law is a well established legal principle, but hard to easily define. It is the rule of law that protects individuals, and society as a whole, from arbitrary measures and safeguards personal liberties.
    The Attorney General has a special role to play in advising Cabinet to ensure the rule of law is maintained and that Cabinet actions are legally and constitutionally valid.
    In providing such advice it is important to keep in mind the distinction between the Attorney General’s policy advice and preference and the legal advice being presented to Cabinet. The Attorney General’s legal advice or constitutional advice should not be lightly disregarded. The Attorney General’s policy advice has the same weight as that of other ministers.
    Office of the Attorney General
    * Office of the Attorney General
    * The Honourable Michael J. Bryant, Attorney General
    Premier of Ontario: Dalton McGuinty, Liberal.

  18. Touche Snowbunnie….I think that it’s way past the time when law enforcement and government care whether or not they are called racist when they act to do the right thing and uphold the laws of this land.
    No matter what is done, some will be called racist whether they are or not.
    The last few days have shown the “hooligans” on Whyte Avenue committing crimes – fire/vandalism, etc…..yet the same crimes have been committed at Caledonia. Are they not “hooligans” as well?
    I do think in some strange way that we are being racist when we lower our expectations of decent behavior by our native population, and just accept whatever they do. To treat a segment of the population special – i.e. let them act in an unruly manner no matter what – is to treat them less than children, who would be disciplined for bad behavior.
    Don’t know if you get my drift…..

  19. Lets call the OPP what they seem to have become; a bunch of overpaid, uniformed social workers. Being a cop is more than writing speeding tickets and picking up drunks. They need to grow some balls.

  20. Bingo… $10,000,000,000.00. All from non-native residents of Canada. …
    Calvert announces aboriginal economic summit
    Last Updated May 30 2006
    Excerpt:
    “We’re not only talking about $5 billion, I think,” said Fontaine. “When we talk about putting wheels on Kelowna, we can actually do better … it may be $10 billion.” …
    http://www.cbc.ca/sask/story/sk-aboriginal-summit060530.html
    Fontaine Elected New Grand Chief
    Phil Fontaine had every reason to look haggard and humble as he donned his ornate feathered headdress last week to become the new national chief of the … canadian encyclopedia.com

  21. Check out the following letter to the editor sent by Bob Aaron, a Toronto real estate lawyer. We obviously have much more than a tract of land in Caledonia to worry about. I’m beginning to understand why land ownership isn’t entrenched in the Charter.
    “In the wake of the recent events at the Douglas Creek Estates subdivision near Caledonia, will any Ontario citizen be able to rely on a government certification of title to their homes?
    Can Ontario citizens continue to have confidence in our justice system when a court threatens occupiers of land with criminal and civil contempt charges, but the authorities are unable, or unwilling, to restore possession to the title holder?
    Will the federal and provincial governments ever be able to reconcile the conflict between aboriginal title claims to land in Ontario, and government-guaranteed deeds of absolute title?
    The origins of the Caledonia dispute date to Oct. 25, 1784, when Capt. Frederick Haldimand, governor-in-chief of British North America, issued the Haldimand Proclamation. For their loyalty to Britain during the American Revolution, the Mohawks and other Six Nation Indians were given the right to settle on the banks of the Grand River.
    The area covered by the proclamation extended about 10 km on either side of the river, starting at Lake Erie and running right up to the headwaters. In all, the parcel comprised about 385,000 hectares.
    Haldimand’s term of office ended before the proclamation could be concluded with a grant of legal title to the land.
    The fuzzy wording of the Haldimand Proclamation resulted in a set of controversies that are still raging today.
    The British Crown interpreted the document to mean that it was merely a non-transferable licence to occupy the land — in other words, the land could not be resold.
    But on behalf of the Six Nations, their representative Joseph Brant took the position that it gave the Indians absolute title to the land. To prove his point, he started leasing and selling huge portions of the tract to British settlers.
    In 1793, governor John Graves Simcoe signed the Simcoe Patent, which gave the Six Nations title to 223,163 hectares of the original tract along the Grand River.
    At the same time, it declared that all future land transactions in the Haldimand Tract had to be approved by the Crown, but Brant simply ignored it and continued to invite paying settlers onto the land.
    By 1828 nearly two-thirds of the Grand River territory had been sold, leased or settled by squatters. By 1847, the original parcel was reduced to about 20,000 hectares.
    On May 15, 1848, the land where the Douglas Creek Estates now sits was sold by the Crown to George Marlot Ryckman for 57 pounds and 10 shillings, and a deed — called a Crown grant — was issued to him.
    In 1992, Henco Industries Ltd. purchased 40 hectares of this land for development as new housing.
    Three years later, the Six Nations sued the federal and provincial governments for an accounting of the land and money involved in the Haldimand and Simcoe documents. That case is still ongoing.
    Last year, the provincial government approved registration of a 240-home subdivision plan for this property in the local land registry office, and it guaranteed Henco title to the property under the Land Titles Act.
    As I understand it, the native position is that the land which includes the Douglas Creek Estates subdivision was deeded to them by Haldimand in 1784, was never sold off by them or their representatives, and still belongs to them. Henco Industries, on the other hand, claims good title dating back to a Crown grant in 1848 and verified today by the Land Titles Act.
    The question that naturally follows, of course, is: how many homes and businesses in and around Brantford and Caledonia are still the subject of aboriginal land claims?
    It is clear to me as a real estate lawyer that Ontario’s 12.5 million citizens need a land registration system that can be relied on as absolute and final. When the government registry office issues a deed to a citizen, whether the recipient is a corporation or an individual, the public must be able to rely on the assurances in that document.
    At the same time, citizens in our society — whether they are native or non-native — cannot be permitted to take the law into their own hands, whether to remove an encroaching fence, or cut down a neighbour’s tree, or to block access to a public roadway.
    As I followed the news reports of the Caledonia standoff, I wondered what would have happened if the Haldimand grant had been for an area of 10 km on each side of Toronto’s Don River instead of the Grand River, and if a group of protestors blockaded the Don Valley Parkway in violation of a court order? I doubt that blockade would have lasted longer than a few hours.
    The fact is that since 1973, Canadian courts have recognized that aboriginal right to land, even without a specific written deed, can survive the arrival of Europeans and subsequent legislation by Canadian parliaments.
    This means that we have, in Canada, two distinct systems of land ownership. Occasionally, as with the Douglas Creek subdivision, these systems conflict with each other. When they do, it’s up to our governments to balance and reconcile those conflicts for the benefit of the aboriginal claimants, the deed holders and society at large.
    Exactly how they do it is a very delicate task. The Caledonia blockade was not our government’s finest hour.”
    ————————————————-
    Bob Aaron is a Toronto real estate lawyer. He can be reached by email at bob@aaron.ca

  22. x2para. The OPP don’t need balls. They’ve got those really cool Smokey the Bear hats. I guess it’s part of the Social Worker uniform.

  23. My question: Not inforcing the law, is this not a form of racism? The protestors in BC were mainly “white”. Arrested, carried away, court order enforced, GONE! The laws of Canada should apply equally to ALL Canadians.

  24. Just before the Caledonia blockades were taken down, we had some sympathizers (being kind) here in North Battleford block the bridge that crosses the North Saskatchewan river, not allowing the traffic to flow west on the Yellowhead Highway 16. They blockaded the road for a couple of hours to inconvenience as many people as possible on the May Long Weekend. It came out on John Gormley’s radio show that the RCMP had helped the road blockers by negotiating 10 minute intervals of traffic flow. Instead of removing the blockade, the RCMP aided them in their protest. Whatever happenned to upholding the law and locking people up. If they want to protest, write the editor, write your MLA or MP. This “uncivil disobedience” that is being winked at by the authorities is a cancer that is only going to grow into a much larger problem as each first Nation begins to exercize their “national” laws. We are in for some rough times ahead unless we get some strong leadership (Go PMSH!) and some backbone back in law enforcement in this country.
    Daniel

  25. Ontario Attorney General [Liberal] Michael Bryant] summoned to court.
    Is there evidence of malfeasance* by the Attorney General and/or others in the McGuinty Liberal government?
    “Tory Bob Runciman pointed out that Attorney General [Liberal] Michael Bryant has been summoned before Superior Court Judge David Marshall to explain why a court order has not been enforced in the Caledonia situation. Aboriginal Affairs [Liberal] Minister David Ramsay refused to comment because it is — conveniently — before the court. All he would say was that the province would be in court tomorrow to answer the judge.”
    torontosun via cnews
    *malfeasance: Misconduct or wrongdoing, especially by a public official. Dictionary.com

  26. Hey folks,
    All of this Caledonia garbage, where “Native” Canadians get a pass on obeying the law and can do any outrageous thing they feel like, all starts in our schools. (And, BTW, my family is now 7th generation Canadian, my ancestors having come from Ireland in the late 1700s: Doesn’t that give me some kind of “Canadian” status?)
    I taught at an elementary school a few years ago, where the Native (female) bully ran the school: hitting others, punching, kicking, stomping on their feet, going into their lockers while they were in class and she roamed the hallways, the list goes on and on.
    Was she disciplined by “the powers that be,” was she called to toe the line like all of the other students? No way. When she yelled at me, “I HATE (the subject I taught) TEACHERS!!” in front of the principal, I later voiced my opinion to the principal that I didn’t think ANY student should be allowed to yell “I HATE such-and-such a TEACHER,” to which she replied, conspiratorially, “Oh well, that’s what she hears at home so there’s nothing we can do about it.”
    ‘See what I mean? What bulls___. I would have said to this kid, “You might talk like this at home, but here at school you don’t.” Isn’t that what she needed to hear? The principal and most of the teachers tip-toed around this girl (5-foot 7, BTW) and she got away with her bullying every day. All the other students were afraid of her and wouldn’t report her to the office if she hit them, punched them, kicked them, or threatened to beat them up after school.
    The lesson I learned, as a new teacher, was that “safe schools” means safe for the bully and “zero tolerance” means no tolerance for the teacher who consistently writes up the violent behaviour, as I did.
    “Native” Canadians are learning at a very early age that there are two sets of principles at work in our society: Everyone else has to obey the rules and societal laws. They do not.
    This is a very slippery slope and it’s damn stupid and damn dangerous, if you ask me. ‘Next thing you know EVERY group in Canada will be claiming “exclusionary” status.
    What idiots our “leaders” are. They cave to all things PC, while our country is going to Hell in a hand basket. What’s the point in being “compassionate” when the Natives sure as heck aren’t and when they’re leading us down the road to total chaos and anarchy.
    This isn’t the state of affairs my father and grandfathers, and may I point out many Native fathers and grandfathers, fought for in the two great wars of the last century. Do we ever need a return to reality from this down-the-rabbit-hole lunacy we’re inhabiting now. Wake up, Alice!

  27. New Kid – a silver lining in all this is we haven’t got much farther down to slide…hopefully things will then turn back to nomalicy, akin to the pendulum swing.
    Liken how the blacks were treated in the US till various leaders or individuals turn the tide, like Ruby Bridges or Mark Thackeray in “To Sir with Love”.
    Otherwise, Clockwork Orange and Logan’s Run can’t be too far away.

  28. Caledonia Journal:
    The snippet below is describing the riots in suburbs of Paris. Replacing a few words/phrases brings the reality of Caledonia to focus:
    The “non-native residents” of Caledonia, and Ontario, and Canada, are seen to be ….. “Jews”… by the Liberal government of Ontario: Premier Dalton McGuinty and Attorney-General Bryant.
    “Jews”… hate to use the word;have enclosed it in quotes to emphasize the loathing of the left liberal/socialist “bghfdkfs” in the McGuinty government for the law-abiding, tax-paying citizens of Caledonia/Ontario.
    Edit: According to a [Jewish]non-native source source a senior police officer, called to account by angry inhabitants of [the Rue de Rosiers]Caledonia, said that the police “had received instructions from the top not to intervene.”
    Instructions from the TOP… NOT to INTERVENE.
    Ok, that’s yelling; here it is again: Instructions from the top not to intervene.
    “The [French] Ontario authorities did apparently did not want to provoke the thugs.”
    Yelling… beware: T H U G S.
    The residents, “Jews”, of Caledonia were abandoned by the McGuinty government.
    Some conclusions:
    1. Liberal/socialists are HUG-A-THUG Liberal/Socialists.
    2. Liberal/socialists have aided/abetted criminals and criminal activity in Caledonia.
    3. Down with McGuinty and his hug-a-thugs.
    4. The Rule Of Law in Ontario, Canada is moribund/near death; the McGuinty Liberals have a small, faint hope to revive the Rule Of Law. That hope rests with Justice Marshall today.
    5. What will be the end result of the hearing? Has there been malfeasance in the McGuinty government?
    Justice Marshall, it’s your call. …
    French Jews Feel Abandoned. Tension in Suburbs
    Brussels Journal………
    “Though a police officer admitted that the authorities knew the “tribe” was going to march through the Jewish neighbourhood last Sunday, as “it had been announced on the Tribu Ka internet site,” twenty minutes lapsed before the police arrived. According to a Jewish source a senior police officer, called to account by angry inhabitants of the Rue de Rosiers, said that the police “had received instructions from the top not to intervene.” The French authorities apparently did not want to provoke the thugs”.
    http://www.brusselsjournal.com/node/1094

  29. Here we go again…… That damn stupid judge Marshall ( who is contempt of court himself for owning 20 acres of land along the Grand River) is throwing more logs on a fire that is starting to smolder… What is he scared of losing his land TOO… he should be.

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