HAMILTON, Ont. - A court in Hamilton is hearing the Ontario Provincial Police failed in their duty to protect citizens from "unlawful conduct" by aboriginal protesters.

David Brown and Dana Chatwell's Caledonia, Ont., home borders the site of a housing development occupied by Six Nations protesters since February 2006.

They are suing the province, the police force and several senior police officials for millions in damages.

In his opening statement today their lawyer John Evans said the couple has been subject to threats and intimidation from "native men who roam the occupied site."

Evans cited numerous examples of alleged intimidation and assaults in which the police did not intervene, adding the police acknowledge many of the incidents.

He told the court the situation has created a "lawless oasis" for those occupying the southern Ontario site and an "ever-present feeling of terror" for Brown and Chatwell.