Category Archives: Native Protests – Hagersville

Some “historical context” about imaginary Caledonia land claims and treaty rights

UPDATED — Does Six Nations actually own the Haldimand Tract and the Douglas Creek Estates as native protesters allege? Do native people have the right to break the law during a land claim dispute?

This post was inspired by a comment I received from a reader who objected to my article about the upcoming Anti-Racism Rally organized by Merlyn Kinrade & CANACE scheduled for this coming Sunday March 21/10 at 2pm at the Caledonia Lions Hall. 

Here is his comment and my response:

michael jacko// March 19, 2010 at 3:56 pm

there’s no historical context in this article e.g. treaty histories

VoC REPLY:

1. Six Nations has no treaties with Canada that allow native thugs to attack and intimidate Canadian citizens as an alternative to using the courts to settle their grievances.

2. The issue of ownership of the Haldimand Tract was decided in 1974 by the Court of Appeal in the case of Isaac v. Davey, which decision was cited by two separate Superior Court judges in ordering injunctions to end Haldimand Tract occupations since 2006 — one in Cayuga and one in Hagersville:

  • 1536412 Ontario Ltd. v. HCCC, HDI, Ruby & Floyd Montour, Hazel Hill 
    (Cayuga occupation, May-June 2008) [LINK]
  • John Voortman & Associates v. HMF
    (Hagersville occupation, April 2009) [LINK]

a. Both judges said the two recognized bodies of Six Nations have made NO claim for ownership or possession of the Haldimand Tract, and even if they did, the claim would fail. The ONLY claim that Six Nations might have is for economic damages. Continue reading

Let healing begin with Six Nations apology

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UPDATE 0006 EST June 12/09: It seems that the extremists on Six Nations aren’t ready to apologize to the people of Caledonia. See, ‘BULLETIN: Natives build smoke shack on private property,’ and ‘Thanks to Six Nations women for helping to expose racial policing during highway protest.’
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Now that native leaders have begun to acknowledge that victimizing their non-native neighbours is not conducive to the long term interests of native people at large, an apology from Six Nations to the people of Caledonia & Brantford would go a long way to beginning the healing process between the communities.

Just as the government of Canada apologized for residential schools, so do the representatives of Six Nations need to acknowledge and apologize for the crimes committed by the extremists in their community against innocent non-natives:

Continue reading

Book Review: Disrobing the Aboriginal Industry

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Dr. Frances Widdowson’s blog: Offended by Offence

UPDATE: Gary McHale (Canadian Advocates for Charter Equality) and Mark Vandermaas (VoC editor and founder of Caledonia Victims Project) have been invited to speak at a ‘New Directions in Aboriginal Policy’ forum at Mount Royal University in Calgary on May 05/10 by the author of Disrobing the Aboriginal Industry, Dr. Frances Widdowson. You can see the program and various writings from the speakers here: 

UPDATE: Author Frances Widdowson cites VoC in ‘Pseudoleftist support for “Mohawk Warriors” in Caledonia, Dec 02/09.

UPDATE: Frances Widdowson, co-author of ‘Disrobing the Aboriginal Industry‘ comments on Caledonia and the Brown/Chatwell trial in ‘Caledonia: A glimpse of aboriginal self-government,’ Nov 23/09. 

UPDATE: National Post book review of ‘Disrobing the Aboriginal Industry,’ July 02/09: Peter Foster: The chiefs have no clothes

UPDATE: Policy Options, March 2002: The Aboriginal Industry’s New Clothes  PDF, by Widdowson & Howard

UPDATED 1311 EST June 21/09

Disrobing the Aboriginal Industry: The Deception Behind Indigenous Cultural Preservation

Frances Widdowson and Albert Howard
McGill-Queen’s University Press  Format: Trade Paperback
Published: November 1, 2008
330 pages
ISBN – 10:0773534210
ISBN – 13:9780773534216

Available at Chapters: $32.99

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A delicious paradox…

For those seeking to understand the insanity of racial policing and the official tolerance of it by the McGuinty government (and others) ‘Disrobing the Aboriginal Industry: the Deception Behind Indigenous Cultural Preservation‘ tells it exactly like it is without ever talking about Caledonia or Ipperwash. That delicious paradox will be especially appreciated by readers who are familiar with the issues associated with land claim lawlessness in those locales. 

The book’s importance was recognized early on when it was placed on the Short List as a finalist for the Donner Prize, awarded for the best book on Canadian public policy. The winner will be announced on Thursday, April 20/09.

Toronto Star article by authors

The Toronto Star recently carried an article written by the authors that explains why the “self-serving industry” thrives on “the continuation of aboriginal dependency and social deprivation.”

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McHale back in court and other important stories

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I’ve been working on another project and attending Gary’s preliminary hearing so I haven’t been able to update VoC for a while. Here are some quick news updates: 

1. On March 25/07 the Crown dropped the charges against two OPP officers discussed in the previous article, ‘Thank you, Jeff Parkinson.’

Lawyers in the courtroom were watching, and one personally expressed his surprise at the Crown’s decision to Gary McHale & Jeff Parkinson afterwards, although is was fully expected by us. An application for a Judicial Review to be filed seeking to overturn this decision.

2. On April 20/09 McHale filed an 800 page document (factum, book of authorities, supporting evidence) with the Court in Cayuga in support of his Judicial Review of the Crown’s decision to drop Intimidation and Extortion charges against Floyd and Ruby Montour. It outlines alleged misconduct by the OPP and Crown in connection with private prosecutions by CANACE members. Adjourned to June 23/09 when it will be heard by Judge Marshall. Factum to be posted. See following  for related info:

Continue reading

Thank you, Jeff Parkinson!

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UPDATE 2359 April 22/09

I’ve been working on another project plus attending Gary’s preliminary hearing so I haven’t been able to update VoC for a while.

On March 25/07 the Crown dropped the charges against two OPP officers discussed in this article. It was fully expected since this is the Crown’s new tactic in combatting CANACE attempts to hold native protesters and OPP officers accountable to the law.

Lawyers in the courtroom were watching, and one personally expressed his surprise at the Crown’s decision to Gary McHale & Jeff Parkinson afterwards. 

Expect an application for a Judicial Review to be filed.

For updates on other stories please see, ‘McHale in court and other important stories.’

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Today, CANACE co-founder Jeff Parkinson was interviewed by a Hamilton Spectator reporter regarding his now-successful two-year (almost) quest to use the private prosecution provisions of the Criminal Code to lay Mischief charges against two OPP officers who assisted native protesters in building a barricade to keep the deeded owner out of his Hagersville development site during an illegal occupation on May 23/07.

The Spec informed Jeff they have confirmed with the OPP that two officers are facing charges. 

They are scheduled to appear in a Cayuga court on Wednesday, March 25/09.

Continue reading

Victory in Cayuga Court for CANACE founders

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UPDATED 2256 EST Jan 19/08

For many months now CANACE co-founder Jeff Parkinson, with the help of Gary McHale, has been trying to lay criminal charges against two OPP officers who, during an illegal occupation, assisted native protesters in building a barricade to keep the legal owner out of the Hagersville development site.  The Crown has done its level best to make sure the charges were never laid.  

A Justice of the Peace refused to certify the charges despite clear video evidence, the refusal being based on the Crown’s assertion that Parkinson’s motives were suspect, primarily because he was a member of CANACE whose founders have filed various complaints and lawsuits against the OPP. Tomorrow I will post and discuss one important complaint against Fantino and how the government tried to use it against us instead of investigating its shocking allegations.

Despite the Crown’s worst efforts however, on Jan 12/09 Justice Marshall of the Superior Court ruled in Parkinson’s favour in a case now known as ‘Parkinson v. Regina.’ Not only did the judge order a new hearing into the charges, he completely vindicated Parkinson and his motives. This decision will have a huge impact in the ability of all citizens to file private prosecutions against police officers and senior politicians who have breached the law in the performance of their duties. From CANACE’s point of view, it should shut down the outrageous attempts to paint us as ‘vexatious’ filers simply because we have used various democratic means to try to hold politicians and police accountable for abandoning the rule of law.

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McHale scores 1st, 2nd in every Caledonia poll

Gary McHale recently received the poll-by-poll results for Haldimand-Norfolk which show, among other interesting stats, that he scored 1st or 2nd in every Caledonia poll!

Just as interesting, 62% of Gary’s votes came from outside Caledonia. This means that there is a broad base of support both in and outside Caledonia for his/our efforts to fight race-based policing. Caledonia’s victims should be pleased to know that some of their neighbours really do care about their plight.

Continue reading