Ontario judge grants permanent injunction in dispute over proposed development

An Ontario judge has granted a permanent injunction to a developer, barring Indigenous demonstrators who have been occupying the construction site for more than two years.

A group of Haudenosaunee people have maintained a presence on the land near Caledonia, Ont., and Six Nations of the Grand River since 2020, arguing it is on unceded Indigenous land.

Foxgate Developments, which owns the 25-acre property, argued it went above and beyond to seek the support of Indigenous leaders to build on the land and that a permanent order was needed so that the development can proceed.

Skyler Williams, the Haudenosaunee man leading the occupation, argued the Crown failed to consult with Indigenous communities before granting Foxgate permission to build on the land.

Justice Paul Sweeny says in a written decision released this week that Williams, and two other unnamed defendants, are not authorized to act on behalf of the Haudenosaunee to claim treaty rights and that the developer had sought out appropriate approval from the Six Nations of the Elected Council.

The province’s Court of Appeal overturned a previous permanent injunction last year, finding the judge who issued it discriminated against Williams, who was named in it.

by The Canadian Press