Six Nations land defenders permanently barred from site

It was a legal victory for developers looking to build on a Caledonia property occupied by Indigenous land defenders since July 2020.

On Tuesday, Superior Court Justice Paul Sweeny granted Foxgate Developments a permanent injunction barring unauthorized personnel from the 25-acre property on McKenzie Road, which was to be a 218-unit subdivision but became known internationally as 1492 Land Back Lane after being taken over by a group from Six Nations.

“Foxgate has legal title of the lands. Once the title is established, the owner has the right to prevent others from trespassing,” Sweeny said in a 26-page written decision.

“The conduct of the defendants, including the destruction of property and the continuing trespass, supports the need for a permanent injunction.”

Sweeny was unconvinced by legal arguments put forth by lawyers for 1492 Land Back Lane spokesperson Skyler Williams that the Crown failed in its duty to consult with Indigenous communities before granting Foxgate permission to build.

That duty to consult, Sweeny said, is owed to representative bodies, not individuals such as Williams and his fellow land defenders.

A Mohawk warrior flag still flying at 1492 Land Back Lane.  A judge has granted the developer of this property a permanent injunction barring land defenders from the site.

The judge noted Foxgate did consult with the Six Nations Elected Council — which agreed not to oppose the build in exchange

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