Archive for the Six Nations Confederacy Category

Olympic Promotional Event Disrupted in Toronto

Posted in Resistance, Six Nations Confederacy on March 14, 2009 by wiinimkiikaa

Vanoc/AFN Olympic Promotional Event Disrupted in Toronto

[Vancouver Organizing Committee for the 2010 Olympics = VANOC / Assembly of First Nations = AFN]

[Posted March 14, 2009, to no2010.com]

On March 8, 2009, a promotional event for the 2010 Winter Olympics and Aboriginal torch bearers was disrupted in Toronto [Ontario] by 2010 Solidarity. Here is a video link to the action:

Read more at: http://no2010.com/node/864

Six Nations men stop Hagersville development again

Posted in Repression, Resistance, Six Nations Confederacy on February 25, 2009 by wiinimkiikaa

Protesters facing court injunction
Developer fed up with land dispute

February 25, 2009
Rachel De Lazzer
The Hamilton Spectator
HAGERSVILLE (Feb 25, 2009) [Six Nations territory, Ontario]

Pressure was mounting yesterday for natives to leave a housing development site where construction has been delayed for four months.

Developer Voortman & Associates Ltd. is seeking a court injunction to keep natives away from the site and plans to be on site at least four days this week.

The natives have blocked workers from developing the 46-unit condominium site on Main Street North several times.

Company officer John Voortman says he’s at “wit’s end” trying to move things forward on the 2.4-hectare site.

Workers returned to the site Monday for the third time since seeking the injunction last fall, only to be prevented by about 10 members of the men’s fire circle, parking their cars in front of one of the excavators.

Natives arrived at 6:30 a.m. yesterday before the workers, who planned to return today and tomorrow.

“Every day (the contractor) is there and not able to work, I’m sure it’s going to cost a few thousand dollars easy,” Voortman said.

OPP officers told him yesterday that they would read a declaration to the natives every day and ask them to leave.

“They’re going to say that we own the land, we have total rights to the land and we’re able to work on the land and they have no rights to be there,” Voortman added. “They will give them 15 minutes to vacate the site and then after that they could be charged with mischief.”

Voortman says he is still waiting for a court date for the injunction. He says the natives are stalling and previous court dates for the injunction have been postponed twice.

Both sides were in court Feb. 13 when three members of the men’s fire circle asked that the hearing be delayed a few weeks until they could bring someone from their circle with the appropriate authority.

Workers attempted to resume construction in October and again in December.

A member of the men’s fire circle who goes by the name Whoodat, said they would stay on the land until the workers left.

OPP Detective Matt Watson said criminal charges would be laid if any actions meet the criteria.

Police raid and resistance at Six Nations

Posted in Repression, Resistance, Six Nations Confederacy on February 5, 2009 by wiinimkiikaa

Raid in Six Nations

By Janie Jamieson
February 5, 2009

For some time now women and men at Six Nations have been slowly re-asserting their sovereignty . This includes exerting the right to provide for their families within their own well defined homeland. (Turtle Island). This includes exerting their right to provide for their families on their OWN LAND and IN ACCORDANCE WITH THEIR TRADITIONAL LAWS AND GOVERNANCE.

However today the method in which these people provide for their families came under fire. These people operate “smoke shops” on what is traditionally known as Hamilton-Port Dover Plank Road. Today it’s known as Highway 6 south and Upper James Street South and Argyle Street among other things. This parcel was NEVER sold or surrendered by the Mohawks. (The recognition of that parcel being the property of the Mohawks is documented in the Haldimand Deed of 1784). However, Canada laid claim to this parcel despite never providing a “legal” bill of sale. (Don’t you normally keep your receipt of “big box” purchases??? Especially something as important of a piece of land???)

Anyways… Marie Trainor and the rest of Canada has laid claim to this parcel and claims “jurisdiction”. Today for some reason the Six Nations Police (Rocky Smith and Terry Martin were saying they were acting under the direction of Elected Chief Bill Montour and Director of Public Works Dayle Bomberry and also had signed agreements from the above mentioned) moved in and removed all product from one of the smoke shops. They attempted to remove the building itself but they were stopped by our men and women.

The Six Nations Police also claimed the “chiefs” directed them to dismantle the smoke shop, however this has not been verified.

Marked and undercover police were throughout Caledonia and at one point an OPP cruiser was turned back from entering onto Six Nations. This “dry run” was reminiscent of the “dry runs” done at other raids. The police would feign being lost and end up on the reserve. What actually was happening was the OPP were testing to see what our response would be. This helps the police figure out how many and what type of officers will be required and what type of weaponry and media they will need to execute an attack on us.

Some well informed community members and even the Six Nations Police themselves have already stated if the SNP can’t “get the job done” outside authorities will do it.

Six Nations Police had the audacity to call our men “squatters” for building on “band owned land” or “community land” and told one of the men he needed to vacate.This man was also told some of “our people didn’t want him on that land”.

Some of the officers said they took an oath to protect.

Any employee of the crown doesn’t understand birth gives Ogwehowe the responsibility to protect life in all forms. Any crown employee doesn’t understand birth gives Ogwehowe the responsibility to uphold and teach their own law. Birth also gives Ogwehowe the right to provide for their families on their territory in accordance with their own law. Ogwehowe are accountable to their mothers, grandmothers, aunties and sisters. Ogwehowe are accountable to their clanmothers, chiefs, clans and nations.

Crown employees are not allowed to understand our way of life nor are they ever allowed to accept it. Crown employees take an oath to uphold a way of life that is created to destroy Ogwehowe. The Crown has always existed to undermine and tear apart the Ogwehowe. It was proven again today at Six Nations.

It’s obvious the SNP and Six Nations Band Council have a lot of lost men and women on their “force”. Hell even Merle Haggard got it… wasn’t it him who put it so simply and straight forward…”They love their milk and honey but they preach about some other way of living… When your running down my country hoss you’re walking on the fighting side of me…”

Anyways, things are slow at the negotiating table. Despite the recession booming and the housing market coming to a crashing halt, illegal development continues.

Despite the recession booming, some Ogwehowe women and men are still able to provide for their families without Canada or Band Council’s assistance. So it seems like an attempt to spice things up was made today.

Despite the corporation of Canada being the largest employer on Six Nations, some just won’t buy into that and will continue to feed, clothe and shelter their families under traditional law. It just doesn’t matter how big the “gun” or pay check is on the other side…

Six Nations land protectors stop work on Brantford housing project

Posted in Resistance, Six Nations Confederacy on January 23, 2009 by wiinimkiikaa

Protesters stop work on housing project

Posted By SUSAN GAMBLE, BRANTFORD EXPOSITOR STAFF [Ontario]
Friday, January 23, 2009

Workers will be off the job today at the Empire Homes housing development on Conklin Road after native protesters halted the project.

A representative of Empire Homes said the company voluntarily shut down work at the site Thursday and will remain off work today.

Mary Morrello, of Empire Communities, downplayed Thursday’s protest, saying the company is holding talks with native representatives.

“We are totally onside with the aboriginals and understand their plight 100 per cent but we also have a clean title to the lands, so there’s a bigger issue here than us,” she said.

“We wish we could help them but the issue is so big, it’s beyond us.”

Morrello said that, despite some of the catcalls from construction workers Thursday morning, the protest was peaceful.

“The workers were upset because this is their livelihood but the construction superintendent has spoken to the tradespeople. We just want peace.”

Construction workers yelled at about 15 to 20 protesters as a dozen police officers tried to form a line between the two groups.

About 50 to 60 Empire workers left the site, said protester Gene Johns.

“They’re not supposed to be digging here,” said Johns. “This is the third time we’ve been here and they won’t listen.”

Johns said he represents the Six Nations Confederacy and the community.

5 Arrested in Cayuga Blocking Police Escort of Garbage onto Native Land

Posted in Repression, Resistance, Six Nations Confederacy on December 15, 2008 by wiinimkiikaa

5 Arrested in Cayuga Blocking Police Escort of Garbage onto Native Land

OPP (Ontario Provincial Police) determined to escort garbage into the Edwards Street Landfill, but even after arrest of 4 supporters, Six Nations activists refuse to remove blockade. OPP violently arrest Six Nations man leaving the site.

December 11, 2008

CAYUGA, ONTARIO, CANADA – For almost five years, community members from the small town of Cayuga have been fighting to close down and to clean up the Edward Street Landfill. Haldimand Against Landfill Transfers (HALT) was formed in 2004 to prevent one of Ontario’s worst contaminated sites, from becoming an active landfill again. After having spent four years in and out of courts, petitioning and dealing with government bureaucracy, HALT approached the Six Nations’ Haudenosaunee Men’s Council to work together on this issue. Cayuga is adjacent to the Six Nations reservation and is located on Haudenosaunee land. It was last November that representatives from Six Nations and HALT turned around dump trucks, resulting in the closure of the site for the winter. This past Monday, despite flagrant noncompliance with Ministry of Environment (MOE) regulations, the dump’s operating owners tried to bring garbage into the dump for the first time in twelve months.

Monday morning, thirty activists—with groups coming from London, Kitchener-Waterloo (KW), Guelph, and Hamilton—converged at the corner of Brooks Road and Highway 3 in Cayuga, to stand with representatives from HALT and Six Nations.

“The reason there are young people here from communities across the region is because we have a responsibility to prevent the provincial government, the courts, and their enforcement – the OPP, from enabling the destruction of communities’ land and trampling on their right to protect it,” said Alex Hundert from the KW activist group AW@L.

Once the blockade had ended, a vehicle leaving the site, carrying three people from Six Nations, was pulled over by a large string of police cruisers, and one man was violently arrested. At bail-court the next morning, the Crown prosecutor admitted that the accused man from Six Nations only “passively resisted,” but still, more than a dozen officers were involved in the assault. He was ripped from the car, thrown to the ground then kicked and tasered repeatedly. He was arrested for “failure to appear” charges stemming from an incident at the Douglas Creek Reclamation site in 2006—the original charges have already been dropped. All five arrested men were released on bail Tuesday morning.

Jody Orr, a HALT representative, said that she was “distressed by what happened on Monday. We have a situation where there is evidence that the receiver is still not in compliance,” however “we have the MOE giving the receiver a week to bring in garbage while he is still in violation of the COA, and it puts the OPP in a position where they have to enforce an injunction against protesters who are protesting the illegal dumping of garbage.” Orr said she was also “really concerned in terms of what i heard about the level of force that was used.”

According to HALT’s website, on October 16 of this year, “the same day that Minister of the Environment, John Gerretsen, posted the Zero Waste Policy paper on the Environmental Bill of Rights website, HALT and others involved in the Edwards Landfill issue in Cayuga received an email that waste would be coming to the Edwards Landfill site.” HALT has shown that the Landfill does not comply with the MOE’s Certificate of Approval (COA). Still, garbage is being allowed into the site. As a result, HALT, Six Nations and supporters decided to be ready with the blockade.

On Monday after the arrests, once it became obvious that representatives from Six Nations were not going to stop preventing the garbage truck from passing (all other vehicles were permitted to travel freely), the truck company owner ordered the truck to leave the site and return home. Earlier in the morning, the driver had expressed interest in leaving the scene, however OPP ordered him to stay. Police said that they were intent in seeing that the injunction against the blockade would be enforced. Even after arresting four supporters, the OPP were not able to remove the Six Nations activists blocking the road.

Over the past year and more, HALT has been involved in complicated legal proceedings with the site’s operators and the MOE. Since 2004, those efforts have cost over $100,000. For more information about those proceedings, ongoing developments, and the environmental impact at the site, visit HALT’s website, http://www.haltthedump.ca.
###

Contacts:
Cayuga – Jody Orr, HALT, info[at]halthtedump.ca, http://www.haltthedump.ca,
Kitchener-Waterloo – Alex Hundert, alex[at]peaceculture.org, http://www.peaceculture.org

Six Nations warrior pleads guilty to assault on news cameraman

Posted in Repression, Six Nations Confederacy on November 10, 2008 by wiinimkiikaa

Protester admits to assault on CH worker

November 08, 2008
Barbara Brown
The Hamilton Spectator

A Six Nations protester has admitted roughing up a CHCH news cameraman during a scuffle in a Canadian Tire parking lot over the contentious Douglas Creek Estates in Caledonia.

Ronald Erwin Gibson, 38, pleaded guilty yesterday to assault causing bodily harm to Nick Garbutt and possessing a stolen videotape belonging to another cameraman, Ken MacKay.

The charges stem from an incident on the morning of June 9, 2006 when Gibson and a group of men approached MacKay as he was shooting video of native protesters who had surrounded a van in the parking lot, located on Argyle Street not far from the 40-hectare parcel of land at the centre of the dispute.

On Feb. 28 that year, native protesters reclaimed the land being developed by Henco Industries Ltd. for a residential development known as Douglas Creek Estates.

The protesters erected blockades and claimed the land belonged to the aboriginal people of Six Nations. The reclamation resulted in an OPP raid on April 20, 2006, in which 20 people were arrested.

Within hours, the site was occupied in even greater numbers and the blockades expanded. The site is now called Kanonhstaton and remains occupied by Six Nations.

Crown prosecutor Mitchell Hoffman told Ontario Court Justice Kathryn Hawke the group with Gibson was intent on preventing the cameramen from filming the incident involving the van.

“At that time, Ron Gibson was observed by police officers and civilians punching Nick Garbutt in the head. Gibson and others kicked and punched Garbutt several times in the face and head as Garbutt lay on the ground,” said Hoffman.

He said a camera and tripod were forcibly taken from MacKay by one of the men with Gibson. The TV station eventually got the equipment back but not the videotape.

“Gibson advised police that he ended up burning the CH tape,” said Hoffman.

Garbutt was taken to hospital and required two staples to close a gash to his head.

Defence lawyer Stephen Ford requested a special background report that is tailored to rehabilitation programs for aboriginal people be prepared before sentencing on March 31, 2009.

30 Tyendinaga Mohawks face arrest for blocking new police station

Posted in Repression, Resistance, Six Nations Confederacy on November 10, 2008 by wiinimkiikaa

STATEMENT FROM TYENDINAGA MOHAWK TERRITORY:
WARRANTS ISSUED: 30 MOHAWKS FACING ARREST
Tyendinaga Police ‘Respond’ to Community Concerns

It appears that Tyendinaga Police Chief Ron Maracle is making good on his promise of charging people involved in demonstrations at the intended site for a second police station, as well as a contested second quarry operation on the Territory (different location than the original and on-going reclamation of the Thurlow Aggregate quarry site).

It is believed that Tyendinaga Mohawk Police have issued warrants for 30 community members.

The people targeted for arrest are Longhouse people who maintain scrutiny over Band Council operations and spending. This amounts to an unprecedented attempt to criminalize and jail any effective opposition that exists in the community. This is an attack on our families, our children, our culture and the way we think. This has moved beyond a simple community dispute. The federal government is making a final push to eradicate those people who believe in the strength and power of the Mohawk Nation and who will stand in its defence.

Despite community concern over widespread exposure to water that has been declared unfit for human consumption throughout reserve homes and schools, the Government continues to prioritize the second station over these needs.

Concern over the second quarry operation stems from alarm at the tremendous speed with which this particular quarry has been established and grown in size. Community members are aware of the extremely rigorous environmental study and assessment practices that are required before quarries and aggregates can be established elsewhere in the province. Such laws do not apply on reserves and concern as to whether environmental and safety assessments have been properly conducted and meet recognized professional standards.

These fears have increased in recent weeks as households in the direct vicinity of quarry operations have experienced water problems and collapsed wells for the first time ever.

The quarry is operated by Build-All Contractors, a company owned by Police Chief Maracle’s brother. The site preparation and overseeing of the building construction at the site of the new police station was also awarded to Build-All, the Police Chief’s brother, in an untendered contract.

All of this is taking place because we oppose a decision made by the Band Council.

With army helicopters and fighter jets circulating the Territory today, the Federal Government of Canada is making it clear that it intends to exercise what it views as its interest in community affairs.

– Tyendinaga Mohawk Territory
Wednesday, November 5th, 2008

BACKGROUND INFORMATION:

New First Nations police station draws protest

By Brian St. Denis

http://www.thepioneer.com/?q=node/2983

Friday, October 31st, 2008

A protest against the installation of a new Tyendinaga police building ended early Wednesday night when activists delayed its delivery for a second time.

Native protesters braved the frigid weather for several days to protest the installation of the York Road station on the Tyendinaga Mohawk Territory, west of Deseronto.

The building, which was assembled off-site, was trucked in Oct. 29 but was not successfully installed on the site.

“The trucking company had to leave because their permits were only good for the daylight hours, so it when it started getting dark they had to get out of there,” said Brant Bardy, a spokesperson for the Tyendinaga Mohawk Territory band office.

The original delivery date was Sept. 23, making this the second delay in just over a month. Bardy said the protest has not deterred plans to bring the building in.

“The building is bought and paid for, and every delay is pushing up costs,” said Bardy. “That’s an injustice to the community coffers.”

The issue of the heart of the protest was clean drinking water. According to the protesters, approximately 80 per cent of the community’s wells are contaminated. The Quinte Mohawk School, just seconds down the road, has to provide bottled water for students because the tap water is unsafe.

“They need to address the issues,” said Dan Doreen, spokesperson for the protesters. “They have bags over the fountains at the school.”

He said that they don’t object to the new building, but to the community having to match the government funding of $980,000. They believe this money should go to solving the drinking water problem first.

“Kids are number one,” said another protester.

York Road was blocked off by the Mohawk Fire Department and several police officers for the duration of the protest. The protesters had a pick-up truck parked on the cement pad where the new building was to be placed.

The protesters also used a small tractor to dig on the property, claiming it was for a new youth centre, but Bardy said it was just a red herring.

Police announced early Wednesday morning that the protest had become a matter of public safety and blocked the public, including media, out of the area. Bardy said that a police investigation is underway, but Tyendinaga Police Chief Ron Maracle could not be reached for comment.

Charges dropped against four Six Nations people

Posted in Repression, Six Nations Confederacy on October 21, 2008 by wiinimkiikaa

Charges dropped against four native protesters

October 16, 2008
Paul Legall
The Hamilton Spectator
CAYUGA

The Crown has dropped criminal charges against four native protesters arrested by a heavily armed OPP tactical squad at the controversial Stirling Woods survey in Caledonia last year.

The operation involved about 50 officers in riot gear, including shields and batons, who marched into the partially constructed residential subdivision in September 2007 to remove a small pocket of native activists occupying the site.

The massive sweep came about a week after 52-year-old Sam Gualtieri was attacked and beaten by intruders inside a house he was building as a wedding gift for his daughter. He suffered severe head and facial injuries and has since launched a suit against the Ontario Provincial Police, alleging they didn’t protect him against the protesters.

In a surprise move yesterday, assistant Crown attorney Mitchell Hoffman announced he wouldn’t be proceeding against Skyler Williams, 25, who was charged with mischief and resisting arrest, or against Stephen Powless, 43, June Jamieson-Maracle, 42, and Francine Doxtator, 48, who were all charged with mischief.

Hoffman also told Ontario Justice Joe Nadel he wouldn’t be prosecuting an 18-year-old woman, who was also charged with mischief and will appear in Cayuga court Oct. 23.

He said he will be proceeding with charges against the four remaining Stirling Woods defendants, however, when the trial starts late this year or early next.

They include: Ronald Cook, 31,of Akwasasne, N.Y., for mischief and possession of a prohibited weapon; Gregory Powless, 19, of Ohsweken for mischief; and Sheranne MacNaughton, 25, of Hagersville and Teresa Jamieson, 42, of Ohsweken, who both face charges of mischief and assaulting police to resist arrest.

The defendants are all out on bail awaiting their trial.

Defence lawyer Sarah Dover, who at one time represented all nine Stirling Woods defendants, said her clients are anxious to have the matter heard in court as quickly as possible.

She told Nadel she intends to bring a pre-trial application to have the charges dropped against her two remaining clients, Powless and MacNaughton, on the basis that the OPP used “excessive force” in arresting them and the mischief charges couldn’t be proven. She also indicated she may argue charges should be thrown out because of the undue delay in bringing the case to trial.

Nadel adjourned the case until Nov. 5 when the lawyers and judge will try to come up with a suitable date for the trial, which is expected to last about four weeks.

Last month, Hoffman also withdrew charges against 19-year-old Byron Powless. He was one of three people charged in connection with the attack on Sam Gualtieri, his nephew Dominic and another man during the confrontation at Gualtieri’s partially built house Sept. 13, 2007.

After hearing the evidence of a key Crown witness at the preliminary hearing, Hoffman told the judge he was dropping the charges against Powless because there was no reasonable prospect of convicting him.

Tyendinaga Mohawks stop installation of police facility

Posted in Repression, Resistance, Six Nations Confederacy on September 24, 2008 by wiinimkiikaa

Native protesters stop building
Installation of police facility delayed ‘until further notice’

Posted By STEPHEN PETRICK, THE BELLEVILLE INTELLIGENCER
Posted Wednesday, September 24, 2008

A group of Tyendinaga Mohawk Territory women set up this blockade at the site where a new police building was to arrive this week. Intelligencer photo by Stephen Petrick

The installation of a new police building here has been delayed “until further notice,” after a group of band members set up a blockade Tuesday to protest its arrival.

Mohawks of the Bay of Quinte officials were preparing to have a 4,635-square-foot building shipped from a Hamilton-area manufacturer this week and put together on a gravel pit on York Road, just west of Quinte Mohawk School.

But a group of about 50 people were at the site Tuesday afternoon, vowing to block officials from placing a prefab building they feel the community was not consulted about.

“Our people never sanctified it, ratified it or condoned it,” Bryan Isaacs told The Intelligencer from just outside the protest site. “There’s no one in favour in our group because we were never consulted.”

Inside the site, several women were sitting in lawn chairs. They said they were upset the band council made plans for a roughly $1.9-million facility when the money could have been spent to address the lack of safe water in the territory and poor housing conditions.

“You have kids in the school out there without water,” said Evelyn Turcotte, pointing to Quinte Mohawk School. “There are housing issues and mold issues.”

Another woman, who did not give her name, said, “I’ve been buying water for 30 years.”

The group, which identified themselves as the Kanyen’kehaka women of Tyendinaga, also issued a press release calling on Prince Edward-Hastings incumbent Daryl Kramp as well as Minister of Indian Affairs Chuck Strahl and Prime Minister Stephen Harper to listen to their needs.

“Canadians overwhelmingly support clean water efforts, funding for education and safe housing for Native people, and yet, while all of those concerns remain ignored, this multi-million dollar investment proves only to ‘fix’ an otherwise unwarranted problem.”

The comments came as the Mohawk band council gathered for a special meeting to discuss what to do with the facility.

The building has already been put together by NRB, a modular building company in Grimsby, Ont.

The band was expecting it to arrive Monday, but found out Tuesday the trip had been delayed as the company still needed to obtain some Ministry of Transportation permits to make the drive.

Armed with that knowledge, the band requested the company to hold onto the building until the conflict is resolved.

“The council made a decision that it would remain there in storage until further notice,” Maracle said, moments after the meeting.

He also scoffed at comments that band leaders are not making clean water a priority or holding enough consultation on the building.

Had the building arrived Monday, he said, a “community ratification process” would have taken place to determine whether the building meets the approval of band members. It would have sat on the site “unhooked” until at least Oct. 31, Maracle said.

That ratification process, he added, would have followed a series of public meetings on the issue earlier this year.

He also said he agrees with protesters that water quality on the territory needs to improve.

“That’s why I started a water study many years ago — to document the condition of the water so we could make a case to the government for some funding for water,” he said.

He added that Indian Affairs has committed money for a new water treatment plant and project workers are now deciding what technology needs to be used before construction can begin.

The new police building is intended to allow Tyendinaga Mohawk Police Services to expand from eight to 11 officers.

The band is contributing close to $980,000 toward its costs, with the final $900,000 coming from the provincial and federal government.

Despite the commitment, the department will be operated solely by Mohawk people, Maracle said.

Charges dropped against Six Nations teen

Posted in Repression, Six Nations Confederacy on September 24, 2008 by wiinimkiikaa

Charges dropped against teen accused in Caledonia beating

September 24, 2008
Paul Legall
The Hamilton Spectator

The Crown has dropped the case against a Six Nations teenager who was charged last year after a violent confrontation that landed Caledonia house builder Sam Gualtieri in hospital with severe injuries.

Assistant Crown attorney Mitchell Hoffman withdrew charges of assault and break and entry against Byron Powless, 19, at the conclusion of Powless’s preliminary hearing in Hamilton yesterday.

After hearing the evidence of a key prosecution witness, Hoffman said the case wasn’t strong enough to prove beyond a reasonable doubt the teenager was involved in the incident.

“There no longer is a reasonable prospect of a conviction,” he told Ontario Justice Norman Bennett, who endorsed dropping the charges.

Powless was charged with attacking Dominic Gualtieri during an altercation at his uncle Sam’s partially-built house. He was one of three teens charged in connection with the September 2007 incident while police were trying remove Six Nations protesters from the Stirling Woods subdivision in Caledonia.

The turn of events has frustrated and angered the family of Sam Gualtieri, 53, who was allegedly attacked with a large club by another teenager. He suffered facial injuries, a fractured shoulder blade and two skull fractures. He is suing the OPP for failing to protect him against protesters occupying the site.

“It hurts us that justice wasn’t served,” Sam’s younger brother, Joe Gualtieri, said yesterday.

Gualtieri family members were in court Monday and yesterday when construction worker Duane Davies testified for the Crown. He was in the house during the altercation and was considered a key witness in identifying Powless as the man who attacked Domenic Gualtieri.

“He’s fighting individuals … he couldn’t say 100 per cent,” Joe Gualtieri said, adding that identification is complicated by the fact that Powless has a twin brother.

He suggested there were three other witnesses inside the house who could have strengthened the Crown’s case.

Outside the courtroom, Powless said he was elated by the decision. He still faces other charges, laid Monday, of mischief and disguise with intent in relation to a highway blockade in Caledonia in April. He is out of custody and was ordered to return to court in Cayuga.

Richard Smoke, 19, still faces charges of break and entry and aggravated assault in connection with the attack on Sam Gualtieri. Smoke is to return to Cayuga court Oct. 15.

A 16-year-old also faces charges in connection with the incident.

————————————————————————————–

Big day today in Court for Byron Powless. He was accused of breaking and entering into a home on stirling street last September 13, 2007 as well as assaulting a 6ft 300 lb man.

Today in a Hamilton Court House, ALL CHARGES WERE WITHDRAWN. There was insufficient evidence to proceed with a trial.  (He wasn’t even in the house when our two young men were attacked.) Needless to say his accuser couldn’t even identify him!

Also, last Friday the OPP stormed Kanonhstaton to arrest one of our men. In the midst of this attack officers pointed their loaded guns at the heads of two of our women.

On Sunday during a ceremony at Kanonhstaton, a non-Native male climbed a fence onto Kanonhstaton and brandished a knife and physically and verbally threatened the life of 10 yr old boy who was partaking in the ceremony.

On Monday at Kanonhstaton a non-Native Male who resides in a house in front of Kanonhstaton was drunk, erratically driving an ATV onto the site. He then began threatening our women. He was calling them derogatory names and told one of the women, ” I know your husband is in jail, but I’ll finish the job for him…” Basically sexually threatening an Indigenous woman. As far as I know, as of yet, there have been no charges laid.

This man also was witnessed grabbing a gas can and trying to set his own house on fire.

All in all, a very eventful weekend to say the least…

janie jamieson

September 23, 2008