Materials filed in the Ontario Superior Court of Justice
Last updated: Aug 22, 2006

Aug 22 - Judgment of Marshall, J

Aug 08 -  Order of Marshall, J..

Aug 08 - Detailed Judgment of Marshall, J.

July 24 - Transcript not yet available  -  Hearing before Marshall, J.

July 24 - Railink Supplementary Motion Record dated Aug 22  to Mr. Justice Marshall

July 20 - Written submissions  -  Attorney General of Canada to Mr. Justice Marshall

July 05 - Transcript not yet available  -  Hearing before Marshall, J.

July 05 - Materials not yet available  -  Motion by Henco to set aside the orders of Mar 3 and 9

July 05 -  Written submissions of the Attorney General of Ontario in response to a request by Marshall, J. for a hearing

June 21 -  Directions of Marshall, J. for hearing on June 29 (which was adjourned to July 5)

June 16 - Transcript of proceedings before Marshall, J. -  Case management hearing before Marshall, J.

June 01 - Order of Marshall, J. dated June 1  -  Order of Marshall, J.
(i) directing Attorney General of Canada and Minister of Indian Affairs to intervene in the proceeding,
(ii) establishing a case management process for “proceedings in respect of the injunctive relief and
(iii) scheduling a case management hearing for June 16

June 01 - Transcript of Special hearing before Marshall, J. concerning enforcement of contempt orders

May 29 - Order of Marshall, J. directing the OPP, Attorney General of Ontario, counsel for Henco, the Six Nations Confederacy and elected council and others to approve before the court on June 1 to make submissions on the outstanding injunctions and other orders

May 04 - Order of Marshall, J. in Railink action granting an injunction directing the removal of obstacles on the railway line and restraining any interference with railway operations

May 02 - See Railink Supplementary Motion Record dated Aug 22  -  Railink files affidavit of Stuart Thomas sworn May 2

May 02 - Notice of Motion -  Railink files a notice of motion seeking an injunction removing obstacles on the railway line

May 02 -  Notice of Action issued by Railink Canada Ltd. against Haudenosaunee Confederacy of Mohawk, Seneca, Cayuga, Onondaga, Oneida, Tuscarora Nations; Six Nations of the Grand River Band of Indians; Clyde Powless; Jaqueline House; Hazel Hill; Dawn Smith; Sean Mt. Pleasant; Wes Hill; Jane Doe; John Doe and persons unknown

Mar 28 - Warrant of Arrest  -  Warrant of Arrest issued by Marshall, J. ordering the arrest of Dawn Smith, Janie Jamieson and unknown persons present at the barricades and blocking access to DCE

Mar 28 -  Order of Marshall, J. finding the respondents in contempt, suspending sentence and order conditions of probation

Mar 17 -  Order of Marshall, J. finding the respondents (except Haldimand County) and persons unknown in contempt of the order of Mar 3 and sentencing respondents

Mar 17 - Transcript containing Reasons for Judgment of Marshall, J. on Henco’s contempt motion

Mar 17 - Transcript of the continuation of the motion proceedings before Marshall, J.

Mar 09 - Order of Mr. Justice T. Marshall making the order of Matheson, J. dated Mar 3 permanent

Mar 09 - Order of Mr. Justice T. Marshall permitting service by posting and delivering at the barricades and adjourning the motion to Mar 16

Mar 09 - Affidavit of Don Henning sworn Mar 9  -  Henco files a motion asking for
(i) an order authorizing service of the Motion Record by posting a copy at the Surrey Street barricade and serving protestors at the barricade and
(ii) finding the individual respondents in contempt

Mar 09 - Notice of Motion - Henco files a motion asking for
(i) an order authorizing service of the Motion Record by posting a copy at the Surrey Street barricade and serving protestors at the barricade and
(ii) finding the individual respondents in contempt

Mar 07 - Notice of Appearance - Trustees of the Mohawk Nation Grand River file a Notice of Appearance

Mar 03 - Notice of Application issued  -  Henco files an application seeking injunctions

Mar 03 - Order of Matheson, J.  -  The Honourable Mr. Justice B. Matheson grants the requested interim and interlocutory injunction

Mar 02 - Affidavit of Don Henning sworn  -  Henco files a motion for an interim and interlocutory injunction against Haudenosaunee Six Nations Confederacy Council, Janie Jamieson, Dawn Smith, Tom Deer, or any agent or person acting under their instructions, John Doe, Jane Doe and other persons unknown and The Corporation of Haldimand County

Mar 02 - Notice of Motion - Henco files a motion for an interim and interlocutory injunction against Haudenosaunee Six Nations Confederacy Council, Janie Jamieson, Dawn Smith, Tom Deer, or any agent or person acting under their instructions, John Doe, Jane Doe and other persons unknown and The Corporation of Haldimand County

Proceedings in the Court of Appeal for Ontario

Aug 25 - Reasons of Ontario Court of Appeal on AGO stay motion

Aug 22 - Order of the Ontario Court of Appeal appointing Amicus Curiae

Aug 22 - Railink Supplementary Motion Record on stay motion

Aug 22 - Slides of the Caledonia area  presented to the Court of Appeal by the Amicus

Aug 22 - Amicus Book of Documents of the Court-appointed Amicus Curiae for the residents of Caledonia

Aug 22 - Amicus Outline of submissions of the Court-appointed Amicus Curiae (Friend of the Court) for the residents of Caledonia

Aug 21 - Factum of the Attorney General of Ontario on motion for stay

Aug 17 - Motion Record, Vol. II  -  Affidavits filed by Attorney General of Ontario in support of its motion for a stay

Aug 17 - Motion Record, Vol. I  -  Affidavits filed by Attorney General of Ontario in support of its motion for a stay

Aug 17 - Notice of Motion of Attorney General of Ontario for stay of Marshall, J. order of Aug 8 until hearing of appeal

Aug 17 - Notice of Appeal of Attorney General of Ontario