Saturday, 12 July 2014

Legal Problems for the Haudenosaunee Development Institute (HDI)? The Law Society of Upper Canada

A)  Leaders of Non-Native Solidarity Groups:  In 2012, non-Native solidarity groups, composed at least at the leadership level of radical unionists, Communits, Anarchists, and members of anti - Semitic groups (e.g., those supporting Hamas and Palestinian militants), flocked to the side of the Six Nations to give (whether it was asked for or not) advice and support.  This had happened on a number of occasions since the "reclamation" of Douglas Creek Estates (DCE) in 2006, but became most apparent to Caledonia when one of their number, Tom Keefer, organized a "picnic" and a "parade" in the spring of 2012 which shut down the town as the protest march proceeded from Edinburgh Square on the north side of town, across the bridge, and south to DCE.  See here for a balanced description of the "event".  There are a number of issues involved here:

1)  They had no permits for what was euphemistically called a "parade", but were still allowed by Haldimand County and the Ontario Provincial Police (who provided traffic control for them) to proceed.

2)  They had among their ranks known terrorist groups such as members of a Palestinian group, and the Black Panthers - all proudly carrying the flags as symbols of their role as our oppressors.

3)  The parade shut down the already economically bruised Caledonia on a Saturday for the key business hours resulting in economic hardship for local businesses.

4)  Those marching with this group were largely very naïve individuals, such as the students of the leaders of the march, who did not have the remotest grasp of the complexity of what we in Caledonia have experienced.

5)  The "parade" only served to open old wounds (the then Six Nations Elected Council Chief expressed the same opinion).

There is a concept with which I have been long familiar.  Metaphorically expressed, we can look at disreputable groups as snakes.  There is the long wiggly body which, although it is very "showy" and generates a lot of activity, is not by itself dangerous.  Even the noisy tail of the rattlesnake is harmless, although it may send chills down the spines of those who hear it.  What one has to be concerned with is the head of the snake (or serpent).  Here is where the sensing and decision making parts are situated, as well as the fangs and the poison which can maim or kill.  Hence it makes little sense to worry about the former, it is the latter that needs to be "dealt with" in order to remove the danger.

It was strongly maintained that their leaders (the heads of the serpents) had acted irresponsibly and that there should be consequences.  Since all were university graduate students from the Toronto and Kitchener - Waterloo area, a number of us, including community members and our representatives, wrote to the supervisors of these students in the Departments of History and Political Science, as well as the university chancellors.  What we said was that your students are causing a lot of pain and suffering to innocent members of a small community in rural Ontario, and that as the supervisors of these students you bear some responsibility in ensuring that their actions are not illegal or damaging to others.  This campaign seemed to bear fruit - although the supervisors and chancellors talked about the rights to free speech and the like.  We agreed with them, but asserted that if anything went "really wrong", they would be held accountable as well as their students.  It may be just a coincidence, but since the infamous "parade" the "support groups" took a very low profile and amounted to only a handful being present at DCE during protests by local residents.  Some were never to be seen again in this area.

So a reasonable conclusion is that by deploying actions designed to remove the head of the serpent, we may be able to reduce some of the problems (e.g., violent agitation) to more manageable levels.

B)  Legal Representative of the HCCC and HDI:  This brings us to 2014 where our main problem is the outlandish behavior of the Haudenosaunee Confederacy Chiefs Council (HCCC) and the Haudenosaunee Development Institute (HDI), as seen in many of the previous postings to this blog.  Most recently, through their legal representative who is a member of the Law Society of Upper Canada (required for all lawyers in Ontario) which regulates activities of lawyers throughout the Province, they have issued a press release warning everyone of "grave consequences" if the Province does not negotiate with them using the HCCC "accommodation protocol".  As a host of one of the programmes on "Sun News TV" said, "that's a threat".  Correct.  Here follows a summary list of some of the alleged questionable actions of the legal representative of the HCCC / HDI:

1)  Issuing threats.
2)  Recommending and supporting an illegal occupation of lands owned first by a private individual and later the Province of Ontario.
3)  Extortion (e.g., demanding that developers use the "application process" / paying a fee in order to avoid work stoppages).
4)  Racketeering.
5)  Knowingly issuing false statements.
6)  Acting irresponsibly in negotiations with government.
7)  Sowing dissention within the community (further driving a wedge between the Elected Council and HCCC supporters).
8)  Failure to obey a Court Injunction.
9)  Removing assets to the Reserve in order to avoid paying a fine issued by the Superior Court of Ontario.

This is just for starters.

If in fact the legal representative of the HCCC / HDI has engaged in criminal and / or unethical acts, it is possible that the Law Society of Upper Canada (LSUC) will remove their right to practice law in Ontario (see here).  Here is an excerpt from their "The Complaints Process: Information for Complainants" page:

The Law Society of Upper Canada has a duty to regulate Ontario lawyers and licensed paralegals in the public interest.

As a part of carrying out that duty, we deal with complaints from members of the public about lawyers and paralegals. We also respond to information about unlicensed practitioners who are providing legal services or practising law.

If you have a complaint about a lawyer or paralegal, read this page.

NOTE: If you choose to make a complaint, you must do so in writing by completing this form.

If the legal representative of the HCCC / HDI is removed due to malpractice, then these groups will be rudderless and considerably less organized and effective in carrying out their disruptive illegal practices.

In life one does not get very far by tippy toeing around.  Only entirely legal but firm and direct action is likely to succeed.  Therefore such action needs to be taken to remove the head of the serpent through the reporting procedures of the LSUC.

If the legal representative of the HCCC / HDI has not resigned their position within one week (7 days) of this posting, and given public notice of such action, I will need to seriously contemplate making a formal complaint to the LSUC.  See here for procedures required, and here for a copy of the complaint form.

It is suggested that multiple individuals make submissions in the matter, but only if in all honesty they believe that there is a case that can be made for malpractice.  It would be unfair to tarnish the reputation of someone who is acting entirely within the confines of the law and standards of practice of their profession.


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