By Mike Renzella
The Haldimand Press
CALEDONIA—Superior Court Justice Paul Sweeney has ruled in favour of Foxgate Developments, placing a permanent injunction on the former development lands dubbed ‘McKenzie Meadows’ by the developers and ‘1492 Land Back Lane’ by the demonstrators who have now maintained a steady presence on the lands for two years. The injunction orders all occupants to vacate the lands, so that development on the planned subdivision can resume.
Sweeney determined that the self described land defenders “have no authorization to act on behalf of the community” to claim treaty rights. He added in his decision, “The conduct of the defendants, including the destruction of property and the continuing trespass, supports the need for a permanent injunction.”
The decision follows another hearing in September during which Land Back Lane spokesperson Skyler Williams participated, a right won through a decision made by a panel of judges at the Ontario Court of Appeals following an earlier injunction hearing where he was deemed ineligible to participate.
Despite Sweeney’s decision, Williams stated, “Our people will continue to live peacefully at 1492 Land Back Lane. Any disruption to peace here will be brought on by the courts, developers, and police, which we will absolutely defend ourselves from.”
He also commented, in a separate post, “From 2006 to 2020, a piece of paper from this court is not enough to sever the ties that we have to all the lands along the Grand River. We aren’t interested in seeing any more of our people arrested and beaten. Tasered and shot at. There is an easy path toward peace. But it needs to be understood by these courts and cops, we will not stand down. We will not sit quietly as you rob our children.”
1492 Land Back Lane released a statement to social media following news of the injunction in which they vowed to remain on the lands.
“This decision now gives Foxgate Developments the ability to seek police enforcement of this injunction. Previous enforcement attempts led by police resulted in serious harm to our community; police shot at land defenders in the back with rubber bullets and tasers, and over 50 people were arrested. Given the history of violence unleashed on our community by the use of injunctions, we are taking this as a very serious threat on our safety,” read a section of the Land Back Lane statement.
“Our camp has spent every one of the last 878 days building our home at 1492 Land Back Lane. We will continue to cultivate orchards, sing our songs, and hold space here. We will be free on our land for however long it takes Canada to realize we are never going to leave and for generations after that,” continued the Land Back statement.
The statement also quoted Aliah El-houni and Sima Atri of the Community Justice Collective, who represented Williams recently in court: “Injunctions are disproportionately used to remove First Nations people from their lands, allowing century old injustices to replicate themselves. Six Nations people and their allies are fighting that injustice on the ground, and we will do the same in the courtroom.”
Land Back Lane first arose in July 2020, after Foxgate, a joint venture between Losani Homes and Ballantry Homes, planned to build 218 units at the location that year. The Six Nations Band Council had approved the development, but several community members disagreed and came together on the lands to halt the development, asserting the lands are unceded Haudenosaunee territory.
The injunction joins an existing County injunction also in effect, with County Customer Experience and Communications Coordinator Erin Haase noting the County’s “obligation to residents and all neighbouring communities to keep our road network and associated infrastructure accessible and safe” as their main focus.
When asked if the County was concerned that the new injunction could lead to altercations between the self-described Land Defenders and the OPP, or further demonstrations as seen in the early days of the occupation, Haase replied, “At this time, it would be premature to speculate on any outcomes or next steps as a result of the land injunction ruling, which is separate from the County’s injunction.”
While the County continues to play an active role in the ongoing situation, with their injunction in place and aimed at preventing disruptions on County roads and protecting municipal infrastructure, Haase said they remain “committed to meaningful reconciliation efforts with Indigenous communities and will continue working with all parties to move those efforts forward.”
Haldimand Norfolk MP Leslyn Lewis and MPP Bobbi Ann Brady both issued statements to The Press about the injunction as well.
“Occupiers at 1492 Land Back Lane have publicly stated demonstrators will not leave the land and that they intend to appeal the decision. I understand occupiers have the legal right to appeal the decision, but unless the injunction is stayed by the court pending appeal, the injunction must be upheld and enforced,” said Brady. “Law enforcement has an obligation to keep residents and neighboring communities safe, which means ensuring our roadways and critical infrastructure are safe and accessible. Precedents were set earlier this year elsewhere in Ontario.”
Brady agreed with Sweeney’s comments that referred to previous “destruction of property and the continuing trespass” as reasons for the injunction being made permanent.
She then called on the federal government to “do the right thing and settle these long-standing issues so that all communities involved can move forward.”
She continued, “As taxpayers we have government and the institutions of government for a reason. In the coming days I call on government, and the institutions of government, to deal with its responsibilities and perhaps eventualities.”
Lewis asserted her hope that, “Above all else … the law is enforced, and peace is maintained.”
Lewis continued, “I believe in the rule of law, as it forms the basis of the rights we have here in Canada and the means by which we maintain those rights peacefully. This includes treaty rights of Canada’s aboriginal peoples and their right to negotiate land claims with the Crown. I also support the long Canadian tradition and right to peacefully assemble in protest of our elected government.”
She continued, “However, tactics like those used by a number of activists involved with the Land Back Lane group have not been consistent with what is peaceful protest, and their use of violence, the destruction of property, and public infrastructure, are not included under treaty rights.”
The MP expressed her hope that those involved use “legal and democratic tools … as opposed to violence.”
The Press contacted Foxgate Developments for comment but did not receive a response prior to publication.
