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November
28, 2003
LEGAL ACTION LAUNCHED TO BLOCK EXPRESSWAY
Aboriginal Lawsuit
Larry
W. Green, a citizen of the Six Nations Confederacy, has
launched a legal action intended to halt the construction
of the Red Hill Creek Expressway. Mr. Green is represented
by lawyers Murray Klippenstein of Toronto and Andrew Orkin
of Hamilton. Klippenstein and Orkin have extensive background
in native rights and environmental issues. This includes
acting on behalf of the George Family in the case of the
wrongful death of Dudley George at Ipperwash. Orkin has
worked, written and lectured widely on native rights issues,
in Canada and overseas. Klippenstein's background alsoincludes
large and complex native issues cases as well as working
as the legal counsel for the environmental group "Pollution
Probe".
Media
Conference. |
Mr.
Green and his lawyers held a media conference in Hamilton
on November 27 at the Worker's Arts and Heritage Center
on Stuart Street. They argue that the expressway will violate
and destroy Iroquois rights pursuant to a major treaty between
the then Five Iroquois Nations and the British Crown of
1701, referred to as the Nanfan Treaty. Mr. Green was one
of the Iroquois Firepeople who lit the Ancestors’ Sacred
Fire in the Red Hill Valley in early August near Greenhill
Avenue. The fire was extinguished on November 6 by Hamilton
Police at the behest of the City of Hamilton.
A
"Notice of Action" filed with the courts in Toronto
and served on the City of Hamilton on Tuesday November 25
gives notice that Green will seek a permanent injunction
to prohibit the road building in the valley. Should the
Court be unwilling to issue the injunction the legal action
will call for the Court to order the City to pay $100 million
in damages to be set up as a trust fund for traditional
and cultural activities of Mr. Green’s descendants.
In
a statement released at the media conference, Mr. Green
stated: “In 1701, it was solemnly agreed between the
Crown and the Iroquois Nations that our people and our descendants
would have hunting and land use rights and freedoms to the
part of the country that includes Red Hill Valley, ‘for
ever’ and ‘free from all disturbances’. The
planned expressway would destroy those rights. I intend
my heirs and descendants to be able to exercise these treaty
rights and freedoms on this corner of undisturbed land,
forever.”
Mr.
Orkin noted that “The rights and freedoms arising out
of treaties between the Crown and aboriginal peoples in
Canada have been declared by the Supreme Court of Canada
to be part of the highest law of the land. Mr. Green is
asking no more and no less than that the solemn promises
made to his people by the Crown, and the very recent Crown
affirmations of those promises, be honoured and upheld according
to their very plain meaning.”
Mr.
Klippenstein stated: “Mr. Green has instructed us that
only an injunction to stop the expressway can protect his
and his descendents’ perpetual treaty rights and freedoms
in the Red Hill Valley, and that there is no amount of money
which would be a resonable or comparable replacement for
these rights.” While stating his determination to obtain
the injunction, Mr. Klippenstein also warned that even if
the courts decline to stop the expressway, “the City
should not assume or hope that this case will disappear.”
A claim for $100 million in damages will be pursued. “The
1701 treaty rights have extraordinary value in perpetuity,”
said Mr. Klippenstein, “and they cannot legally be
paved over with impunity.”
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