Ontario judge outraged at protesters ignoring his order

A three-month-old court injunction ordering the removal of protesters from their occupation of a disputed land claim in Caledonia is essentially nullified by Ontario's purchase of the land.

But an Ontario judge says he wants protesters removed from the land, and intends to enforce the finding of contempt of court he issued whenprotesters ignoredthe original injunction sought by the owner of the development, Henco Industries.

"The contempt has been public, it has been outrageous and it has been continuous," Ontario Court Justice David Marshall said in a courtroom in Cayuga, Ont., Wednesday.

Representatives for the Ontario Provincial Police, Haldimand County, the federal attorney general and the Ontario attorney general were present Wednesday.

Marshall said that the rule of law must be honoured and he intends to find a solution.

"Contempt of court orders in a democracy will always be extremely serious," he told the court. "Democracy can't function without the rule of law."

It was the third time in five weeks that the parties affected by the occupation of the Douglas Creek Estates development met in court since Marshall issued the injunction on March 22.

Marshall is ordering the parties to return on July 24 to submit ideas on how to deal with the failure to enforce the injunction. There will be another hearing to discuss an appropriate penalty for contempt of court.

Land deal finalized

Henco Industries released a statement Wednesday confirming that a deal to sell the land to the province has been finalized.

Under the agreement, Ontario will buy the property for $12.3 million, plus pay an extra amount for the loss of future profits. That is under negotiation.

Henco Industries and the province have agreed to a 45-day negotiation period, after which the issue would go to binding arbitration if needed.

The province has said it plans to hold the property in trust until a final decision on the disputed land claim is made.

Aboriginal protesters have occupied the construction site since Feb. 28 under claims that the land is part of a land grant from the late 1700s. The provincial and federal governments have maintained the land was later surrendered.

Caledonia residents 'held hostage' to negotiations

Meanwhile, Caledonia residents in the neighbouring area said that despite the land deal, little has been done to ensure the safety of residents.

"They're being held hostage in the interest of the [land claim] negotiations," Ed McCarthy, a lawyer for the Haldimand Law Association, told the court.

Kevin Clark, who lives near the Douglas Creek Estates development site, claims residents have been terrorized since protesters began occupying the site.

He said during the night protesters leave the disputed land into flashlights in residents' homes and make a lot of noise. He also claims shots have been fired at some residences.

"I want an end the harassment of my neighbours as well the occupation," he said. "If they were to stay on Douglas Creek, not a problem, but they are not just on Douglas Creek."