A lonely limb.

• Author: Mitchell, Teresa
• Position: Today's Trial - Six Nations Aboriginal people land claims

In the Landmark Law issue of LAWNOW, Charles Davison wrote eloquently about the rule of law. He stated, "The rule of law means that all members of society must follow and obey the law no matter what their area of activity or endeavour. This most basic principle provides the bedrock upon which all other laws and legal requirements are founded."

The truth and importance of this concept seems self-evident. Few Canadians would take exception to it. But what happens when principle meets up with a real-life test of commitment to this most basic concept? What happens when the rock of the rule of law meets up with a hard place called Caledonia? Do we still hold on to the self-evident truth?

Another LAWNOW columnist, Fred Fenwick, Q.C., discussed the Caledonia situation in the September/October 2006 issue. In brief, in February 2006, the Six Nations Aboriginal people in southwestern Ontario blockaded a building site in the town of Caledonia. They did so to press their claim for an accounting for compensation for lands which they long ago swapped with the British Crown and the Americans in the aftermath of the Treaty of Paris in 1783.

The owners of the building site applied to the Ontario Superior Court of Justice for an injunction asking that the native protesters leave the site. Justice T. David Marshall heard the application. He issued an order requiring the occupiers to leave the site within two weeks. The protesters tore up and burned the court order before TV cameras. In March 2006, Justice Marshall issued a further order holding the protesters in criminal contempt. That order was not appealed by any of the parties, but still nothing happened. The land remained barricaded and under occupation.

Throughout the months, negotiations continued among the protesters, the landowners, the Government of Ontario, the Ontario Provincial Police, and the citizens of the town. Finally, in August of 2006, the matter came once again before Justice Marshall. The owner of the lands had sold the property to the Government of Ontario, and the Government was prepared to allow the protesters to remain while it attempted to work out a settlement. He was urged to leave the matter alone, to allow the status quo to prevail, and negotiations to continue. Justice Marshall noted "Counsel for the police, the Attorney General, the County of Haldimand, and Mr. Doxtador, counsel for the elected chief, have all eloquently advocated that the Court should withdraw from this matter...