John Tory: At Caledonia, the rule of law must be upheld

McGuinty should cease all negotiations until the occupation and extortion come to an end
In retrospect, it shouldn’t be surprising that the illegal occupation at Caledonia is morphing and spreading around Ontario.Developers in Deseronto, in Eastern Ontario, have been subjected to similar occupation and stand-offs by native protestors. And now, developers up and down the Grand River have been hit with “development fees” that meet the dictionary definition of extortion: “obtaining money by threats, force, fraud or illegal use of authority.”

Since the beginning of the dispute in Caledonia, my colleagues and I in the PC Party have been unwavering in our argument that the rule of law must be respected and upheld. Quite simply, actions must have consequences.

I have said repeatedly that no negotiations should be held with any person or group involved in an illegal occupation, or any other illegal activity. Otherwise, a very dangerous precedent will be set.

Unfortunately for all of us, Premier Dalton McGuinty chose a different path. He has repeatedly made choices that send a loud and clear message to those who have a grievance with the government: break the law and you shall be rewarded. This was a message Mr. McGuinty first made plain when he ignored early warnings of the dispute in Caledonia. Rather than taking action at a time when those involved were playing by the rules, he waited until the law was broken.

At times, the McGuinty government has made noises that sounded like it understood the importance of upholding the rule of law. But each time, it has flip-flopped. It even went so far as to appeal a court order mandating that the government cease negotiations until the occupation ended — essentially arguing that the illegal occupation ought to be allowed to continue.

As the Caledonia occupation enters its third year, and as native disputes and illegal actions spread across the province, my message has not changed — despite what the editorialists of this paper recently argued (“The Coward at Queen’s Park,” Jan. 19). My message is the same as it was on August 10, 2006, when this same newspaper applauded my stance on Caledonia, which it said “demonstrated a commitment to the rule of law.”

That commitment is stronger than ever today.

This newspaper has argued that the government must direct the police to end the stand-off at Caledonia. I disagree. The police must be allowed to do their jobs independently and free from government influence. This also means that the government cannot direct the police not to do things such as enforcing court orders or making arrests.

The McGuinty government should immediately cease all negotiations until the occupation and the extortion come to an end. I would expect the police would deal with this apparent extortion the same way they would in any other instance. And yes, the courts should be used to seek injunctions stopping this illegal behaviour wherever possible.

We will find a resolution if we can all agree that the law applies to everyone equally regardless of race, colour or creed. This means that when there are legitimate grievances, which I’m sure includes a good number of native land claims in the province, the government takes those seriously, and diligently pursues a solution before people feel the need to break the law.It also means that those who do break the law or take the law into their own hands must be punished. To do otherwise will be to continue almost three years of encouraging disrespect for the law, which is exactly what Mr. McGuinty and his government have done.

John Tory is Leader of Ontario’s Progressive Conservative Party.

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