Judge Marshall is obviously frustrated and 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". (CBC)
What is the point of having courts and judges if the orders can be ignored if they don't suit all the participants?
The other thing that I find ironic, is that in most cases up until now, the courts have had an extreme hand in determining our social values, with regards to swingers' clubs, same-sex marriage, etc. In those cases, the judiciary was regarded as infallible and beyond reproach. Provincial and federal legislatures had to fall in line.
However, we have this interesting situation in Ontario now, where a judge's orders can be ignored. I find this very disturbing. It erodes confidence in the government, the courts, and everything that we hold up as a part of a civilized democracy.
The Globe reports:
...And in a democracy, when court orders are not obeyed, "the court is not hurt by it. It is destroyed by it. There will be a return to rule of law," Mr. Justice T. David Marshall of the Ontario Superior Court said at a hearing yesterday as he ordered parties to return to court on July 24...
...Ontario government lawyer Dennis Brown said that, since the injunction was sought by a previous owner and is legally not attached to the land, it no longer had any force in law, and the province does not intend to seek a new one now.
While Judge Marshall reserved his ruling on the application to end the injunction, the focus of the legal jockeying has shifted to the future of the contempt order, directed against two named aboriginals and other, unnamed protesters.
The judge would like to be able to use the order to help end the occupation and to respond to the needs of the local community, which is extremely frustrated by the continuing occupation, according to C. E. McCarthy, who represented the Haldimand Law Society.
"When the province owns the land, we have to ask ourselves the question why the protesters need to be there. Now it is time for them to leave," Mr. McCarthy said...
So if I am interpreting this correctly, it appears that the Province bought out the developer so that the injunction ordered by Judge Marshall would then be rendered void, since it was originally requested by Henco Industries. My guess is that McGuinty hopes when the smoke and dust clears, he can just quietly pass the land over to the natives for a nominal sum if any.
Whether or not the land claim is legitimate is irrelevant at this point. We have a serious problem in Ontario, and it extends way beyond Caledonia.
Dare I use the word corrupt?
UPDATE: Check out Musings of the Technical Bard: On Caledonia. It's worth the read!