The Superior Court of Ontario tore a page directly from the colonial playbook and granted yet another injunction in a local Land back case. The Injunction was granted midmonth against Onkwehonwe, asserting the land defence responsibility within their territory.
This Injunction also included several key members of various Friends of Arrowdale support groups who were notified via email. The members have been pivotal in speaking out against the development with the 14-million dollar proceeds going towards the remaining approximately 100-million dollars needed to actually build affordable housing in a mystery location.
Historically this approach had proven to be an effective recourse for cities attempting to sell off what they erroneously perceive as their assets.
Just stopping short of a race-based anti-protest Bylaw, The City of Brantford successfully secured a permanent injunction against Haudenosaunee and Haudenosaunee Development Institute. Granted to prevent intentional interferance or causing irreparable harm to the growth and development of the City.
A 2014 ruling gave developers the confidence to ignore buyer beware warnings on Onkwehonwe land. It has supported Ontario’s Places to Grow Act plan and relased the federal government from having to stop the provincial development before a land claim potentially requires return of unused land parcels.
It is only one way to manipulate the legal system when Onkwehonwe remind the Corporation of the City of Brantford’s attempts to overlook past due accounts.
Brantford has been openly critical of Onkwehonwe actions to halt the unsustainable developments sprawl outright. Yet to turn that critical eye towards themselves other than performative actions like hiring an Indigenous Affairs Officer has been elusive.
One-sided
Injunctions are granted without representation of any of the named individuals present. Certainly without any legal representation of the accused.-A huge issue within the legal system allows one party’s allegations to effectively silence another party. Potentially even making very public and charatcher damagaing announcments on megaphones like what happened at Arrowdale one source confirmed.
It has an almost arbitrary authority to empower law enforcement to contain and criminalize people by securing vague geographical boundaries and broad powers of removal, often indefinitely.
Shiri Pasternak is a professor of criminology at Ryerson University and the research director of the Yellowhead Institute
John and Jane Doe
Mr and Ms Doe of these blanket orders allow anyone to be swept into the parameters of the injunction, thus methodically removing any possible interference in development plans. Its completely favourable for the Municipality and its stakeholders.
Change?
It’s a tactic that has worked in the past but times are changing. Just last week, a judge found in favour of Skyler Williams of 1492 land back lane and dismissed the permanent injunction granted by a judge…. who made it clear that Williams was persona non grata in his courtroom.
The appalling misuse of the legal tools for a country and province that prides itself on the rule of law. Despite bending the same law for financial benefits is the real problem here.
Who will be delivering the customary wampum that will put an end to this madnesss to these renegades municipalities?
The Seventh Generation wants to know!
