We've been saying all along that the problem of aboriginal protests in Brantford will not be solved effectively in the courts, so we applaud Justice Harrison Arrell for his decision last week to order the parties to talk.
The Superior Court judge's decision was a good one, both for its innovation and its simplicity.
Whether it solves any of the centuries-old issues remains to be seen, but ultimately, the court can't resolve historical problems so a little imagination is required.
The ruling came about during the city's attempt to extend a temporary injunction against native protests at certain development sites that have become the most pressing issue facing the municipality.
The judge asked natives to stop protesting and blocking construction equipment, while Ontario is ordered to arrange the negotiations and the City of Brantford is ordered not to enforce its anti-protesting bylaws.
The parties are to return to court on May 19, but can ask for an early return with 48 hours notice if problems arise.
At least according to Arrell, his ruling was not an attempt to avoid making a decision.
"This court is prepared to make a decision," he said, "but without a doubt a negotiated resolution is better for the process as a whole."
We strongly suggest all parties approach these talks with the same mindset: Expect the judge not to rule in your favour and ask yourself what concessions you're willing to make if this is the case.
That might very well be the first step to some sort of lasting peace arrangement because nothing is going to happen unless everyone is willing to give a little.
Waiting for the next day in court with fingers crossed hoping a judge -- who is really being asked to rule on a dispute between various levels of government -- will side with you is not an appropriate strategy.
