August 08, 2006 - 3:39 pm
By: 680News staff and Canadian Press  

Cayuga, Ont. - A judge in Cayuga, Ontario says his orders over a contested tract of land have been ``blatantly disregarded.''

Justice David Marshall says there must be no more negotiation over the land between governments and the six nations until his orders are followed.

Marshall is angry native protesters haven't been removed from the land at nearby Caledonia that has been occupied since February.

Negotiations aimed at resolving a bitter land occupation that has, at times, turned violent must be suspended until aboriginal protesters move off the contested property, an Ontario court judge ruled Tuesday.

The ``lawlessness'' that has characterized the occupation of a housing development in the southwestern Ontario community of Caledonia must end before talks with the province and the federal government can move forward, said Superior Court Justice David Marshall.

"It is common knowledge that the people of Caledonia, after five months of occupation, have seen security in their town replaced by lawlessness, protesters in battle fatigues, police officers in riot in gear,'' said Marshall.

When asked if the province would abide by the judge's ruling, Premier Dalton McGuinty replied ``it's the kind of thing that we're going to want take some time to carefully consider.''

"I would appeal for people to be calm,'' the premier added.

Significant progress has been made in the dispute, including a deal that saw aboriginals remove a contentious highway barricade, said McGuinty.

"Let's not lose ground as a result of this ruling.''

Relations between aboriginal protesters and their non-aboriginal neighbours have been marked by violence since the occupation began in February.

Over the weekend, residents and protesters clashed yet again, as rocks and golf balls were thrown at each other.

On Tuesday, a shouting match erupted outside court between more than a dozen protesters and non-aboriginal residents, calling each other ``squatter'' and ``terrorist'' and blaming each other for recent violence.

Clyde Powless, a spokesman for the occupiers, said they planned to meet Tuesday night to discuss their next move.

"As far as the judge's orders, we're still digesting that,'' he said. ``We don't like to make rash decisions.''

At the site of the occupation, protesters feared that the ruling will cause police to move in and try to remove them.

Joe, who declined to give his last name, said if provincial police come, he'll be ``ready.''

"The only way they're going to get me off this land is if they drag my dead body off,'' he said.

Marshall issued his order after holding several hearings to discover why his previous orders to remove aboriginal protesters have been, in his words, ``blatantly disregarded.''

"The court has been patient, but the court cannot turn a blind eye to blatant contempt of the court's lawful order,'' he said.

Six Nations protesters have occupied the Douglas Creek Estates housing development since the end of February, claiming it was wrongly taken from them by the Crown more than 200 years ago.

Marshall issued a court order in March to have the protesters removed by police and to have barricades lifted on nearby railway tracks.

Police did raid the occupied site on April 20, and lawyers for the Ministry of the Attorney General have argued that Marshall's orders have been carried out, noting police have laid 53 charges against 28 people.

Marshall took the unusual step of calling representatives from the federal government, the province, police and aboriginals into court to explain their actions.

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