Caledonia land dispute

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Six Nations protesters in front of the entrance to the Douglas Creek Estates on Argyle st. in Caledonia, April 20th 2006. (Tire fire seen in background)

An occupied house on the Douglas Creek Estates.

The current Caledonia land dispute came to the attention of the general public on February 28, 2006. On that date, protesters from the Six Nations of the Grand River began a demonstration to raise awareness about First Nation land claims in Ontario, Canada, and particularly about their claim to a parcel of land in Caledonia, Ontario, a community within the single-tier municipality of Haldimand County, roughly 20 kilometres southwest of Hamilton. Soon after this demonstration, the demonstrators occupied the disputed land.

The land at the centre of the dispute covers 40 hectares which was to be developed by Henco Industries Ltd. into a residential subdivision known as the Douglas Creek Estates. It is part of a 385,000-hectare plot of land known as the "Haldimand Tract",^[1] which was granted, in 1784, by the Crown to the Six Nations of the Grand River, for their use in settlement. Henco argues that the Six Nations surrendered their rights to the land in 1841, and Henco later purchased it from the Crown. The Six Nations, however, maintain that their title to the land was never relinquished.

1 OPP Crisis Management
2 Historical Timeline of the Dispute
3 Dispute Timeline
4 See also
5 References
6 External links

[edit] OPP Crisis Management

The Ontario Provincial Police have 24-hour surveillance teams operating near the claim site. Media, agitators, supporters and others who attend the area may be subject to video and audio monitoring by members of the Provincial Emergency Response Team or OPP Negotiations Unit.

[edit] Historical Timeline of the Dispute

^{Source: CBC - Caledonia Land Claim Historical Timeline ^[2]}

Haldimand Deed of 1784: The British Crown awarded, as reward to the Six Nations for their loyal military service, and support of the Crown during the American Revolution, a tract of land 6 miles from either side of the Grand River, from its source to its termination at Lake Erie. The Proclamation stated: "I Lieutenant-Governor John Graves Simcoe have, at the earnest Desire of many of these His Majesty's faithfull Allies purchased a Tract of Land, from the Indians situated between the Lakes Ontario, Erie, & Huron and I do hereby in His Majesty's name authorize and permit the said Mohawk Nation, and such other of the Six Nation Indians as wish to settle in that Quarter to take Possession of, & Settle upon the Banks of the River commonly called Ours [Ouse] or Grand River. running into Lake Erie, allotting to them for that Purpose Six Miles deep from each Side of the River beginning at Lake Erie, & extending in that Proportion to the Head of the said River, which them & their Posterity are to enjoy for ever."^[1] This tract of land is approx. 385,000 hectares (3800 km²).

1792: Lt.-Gov. Simcoe reduced the size of the land grant to the Six Nations, now totaling 1,110 km² or 111,000 hectares.

1796: The Six Nations granted its chief, Joseph Brant, the power of attorney to sell off some of the land and invest the proceeds. The Crown initially opposed the sales but eventually conceded.

1825: The Crown approached the Six Nations about developing Plank Road (now Highway 6) and the surrounding area. The Six Nations agreed to lease half a mile of land on each side for the road, but did not surrender the land. Lt.-Gov. John Colborne agreed to the lease but his successor, Sir Francis Bond Head, did not. After 1845, despite the protests of the Six Nations, Plank Road and surrounding lands were sold to third parties.

1840: The government recommended that a reserve of 8,000 hectares be established on the south side of the Grand River and the rest sold or leased.

1841: On January 18, according to the Crown, the Six Nations council agreed to surrender for sale all the lands outside those set aside for a reserve, on the agreement the government would sell the land and invest the money for them. On February 4, and again on July 7, then again two years later in 1843, the Six Nations petitioned against the surrender, saying they only agreed to lease the land.

1843: A petition to the Crown said Six Nations needed a 22,000-hectare reserve and wanted to keep and lease a tier of lots on each side of Plank Road (Highway 6) and several other tracts of land in the Haldimand area. In 1850 the Crown passed a proclamation setting the extent of reserve lands to about 19,000 hectares, which was agreed to by the Six Nations chiefs.

1844: A document is signed by 47 Six Nations chiefs that appears to authorize sale of land to build Plank Road.

1848: The land comprising the current development was sold to George Marlot Ryckman for 57 pounds and 10 shillings, a Crown deed was then issued to him.

1924: Under the Indian Act, the Canadian government established an elected government on the reserve.

1931: Statute of Westminster put into effect; Government of the United Kingdom relinquishes the ability to legislate on behalf of Canada. All Canadian First Nations affiars are now fully within the jurisdiction of the Canadian Crown.

1992: Henco Industries Ltd. purchased 40 hectares of land for what it would later call the Douglas Creek Estates lands.

1995: Six Nations sued the federal and provincial governments over the land. The developer called it "an accounting claim" for "all assets which were not received but ought to have been received, managed or held by the Crown for the benefit of the Six Nations."

2005: The subdivision plan for Douglas Creek Estates was registered with title to the property guaranteed by the province of Ontario.

[edit] Dispute Timeline

February 28 2006: The dispute itself started when a group of members from the nearby Six Nations reserve erected tents, a tipi and a wooden building on 40 hectares of land known as the Douglas Creek Estates. Henco Industries, the developer of the land, obtained an injunction on March 3 ordering the protester off the land. The Sheriff tried to deliver Justice Matheson's order to the protestors late Sunday evening, March 5. They would not accept delivery. One of the protestors, the respondent Dawn Smith, burned the order. The burning was broadcast on local television. The next day the protestors burned the order again.

On March 9, Justice Marshall made three orders. At Henco’s request, he made the March 3 order, the interim and interlocutory injunction, permanent; he adjourned Henco’s contempt motion against the First Nations protestors to March 16; and he ordered that the service of the contempt motion on the respondents could be effected by the same methods Justice Matheson had provided for service of the injunction order (by police).

On March 17, Justice Marshall made a finding of contempt and ordered the Sheriff to go to Douglas Creek Estates, read aloud the March 17 contempt order and the March 3 injunction order of Justice Matheson, and distribute copies to anyone present. Finally, the motions judge ordered that warrants of committal for contempt be issued. However, he delayed their execution for five days to permit the respondents to “quit the blockade and leave Douglas Creek Estates.”

April 20 2006: The OPP, more than three weeks after the motions judge’s second contempt order, the OPP went to Douglas Creek Estates and arrested twenty-one persons under the warrant of arrest. But later that morning, the protesters returned to the site in greater numbers. Shortly thereafter, the protesters started a tire fire on Argyle Street, the main road into Caledonia, and also dumped gravel on the road to form a barricade.

April 24 2006: Caledonia residents hold a rally demanding an end to the dispute, with some residents confronting the protesters directly.

April 25 2006: Mayor Marie Trainer gave an interview to the CBC, where she commented that the residents of the town were being hurt economically by the protest and don't have money coming in automatically every month. The protesters took this as an insult, opining that it insinuated they are all recipients of provincial welfare. The Mayor clarified that this was not her intent, however the municipal council acted quickly to distance itself from her comments.

OPP Emergency Response Team member during April 20 raid at Caledonia.

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Caledonia land dispute

April 30 2006: The provincial government appointed former premier David Peterson to help negotiate a settlement in the conflict.

May 10 2006: Edward McCarthy of McCarthy & Fowler Barristers and Solicitors called upon the OPP, the Premier of Ontario, the council of Haldimand County, and the Indian Affairs Minister to intervene and restore the rule of law in Caledonia.

McCarthy cited the alleged Surrender of March 18, 1841, which Six Nations representatives claim was fraudulent and repudiated by the Confederacy Council [3], purportedly signed by six Chiefs of the Six Nations indicating that:

"The Chiefs and Warriors of the Six Nations upon the Grand River in full council assembled at the Onondaga Council House ... have and hereby assent to Her Majesty's Government disposing of the land belonging and formerly reserved upon the Grand River for the Six Nations Indians..." except for "... the farms at present in their present occupation and cultivation, and of 20,000 acres (81 km²) as a further reservation, and that the selection of this reservation be deferred until after a general survey of the tract, when the position most advantageous to the general interests and peculiar wants of the Indians can be more judiciously selected."

After a survery of the townships of Tuscarora, Oneida, and Seneca the following year, the said chiefs again met in Council on December 18, 1844, wherein they confirmed "the lands to be set apart as territory for the future residence of themselves and their people..." and agreed that those lands be "... on the south side of the River from that which is deeded at Burtch's Landing down to the west side of the Plank road except the tier of lots adjoining the said road..."

This document further declares:

"The nations present declare that due notice to their people was had of the times, place and object of their meeting in Council on the 13th inst. as well as of today and believe this their answer to the Commissioner is the wish of the Six Nations without a dissent."

The document was then signed by 37 Chiefs.

McCarthy then called upon the OPP to "please discharge your duty under Section 42 of The Police Services Act and the provisions of your Agreement with Haldimand County which requires you to provide adequate and effective police services in accordance with the needs of the municipality which you are not, and have not, been doing. Specifically, you are not enforcing or discharging your duties to prevent crimes and other offences. You are not enforcing the provisions of The Trespass to Property Act and The Criminal Code and, in particular, you are not enforcing a valid court order of the Superior Court of Justice."

In conclusion McCarthy asks:

"By a copy of this letter to the Premier of Ontario, I am asking the Premier to direct the relevant Minister to, in turn, direct the OPP to discharge it's duty under The Police Services Act and enforce the law in Caledonia. If additional help is required from the RCMP or the army, so be it. Let's get the necessary help and get it forthwith.

"By a copy of this letter to the Council of Haldimand County, I'm asking Haldimand County to take the necessary steps to enforce their Agreement with the OPP which, under Section 3 thereof, requires the OPP to provide adequate and effective police services in accordance with the needs of the Municipality. This Municipality needs the OPP to bring an end to this activity forthwith.

"By a copy of this letter to the Federal Minister of Indian Affairs, Jim Prentice, I am asking the federal government to take the necessary steps to assist the Province of Ontario in enforcing the law by declaring a 'Public Order Emergency' under the Emergencies Act (the old War Measures Act), if necessary, in order to get the army to assist the police."

To date no official response from any level of government has been received. (Source: Brantford Expositor)

May 16 2006: Protesters opened one lane of Argyle St. after an accident closed MacKenzie Rd., the main detour route into Caledonia from points South of Town. After the accident was cleared, Argyle St. was closed again, though the protesters had agreed to let emergency vehicles through.^[4]

May 17 2006: A second car accident east of Hagersville sent a 46-year-old Caledonia woman to hospital with life-threatening injuries. This accident, along with the accident on May 16, has led the Caledonia Citizens Alliance to call for the immediate removal of the barricades. Jason Clark, a member of the Alliance, told the press that "Enough is enough. People are now getting hurt and those barricades need to come down. Nothing else is acceptable at this point.” (Source: Simcoe Reformer)

May 22 2006: At 6am EDT, native protesters removed their blockade on Argyle St. Although the native blockade was removed, traffic remained blocked due to the presence of several dozen residents on the road, who were blocking passage to natives.[5]

Later in the morning, the members of the two sides traded shoves, punches and insults before OPP were able to separate the two sides.

Around 2pm natives re-established a physical barricide across Argyle St. and the two sides face each other separated by dozens of OPP officers. Scuffles continued to break out through-out the day, resulting in injuries to natives, residents and police.

Also, at some point during the afternoon, unidentified vandals set fire to a nearby power transmitter that plunged Haldimand into a blackout.

“As the world has seen, our protest has been firm but peaceful. Our people are responding without weapons, using only their bodies to assert that we are a sovereign people with a long history and that we cannot be intimidated,” said Six Nations Confederacy Chief Allen McNaughton, “Justice and reason are on our side.”^[6]

A state of emergency was declared late in the evening due to the escalation of violence and the power-outage.^[7]

In Saskatchewan, Cree protesters blockaded the Yellowhead Highway near North Battleford in solidarity with the Six Nations protestors in Caledonia. Following negotiations with RCMP, the roadblock was removed after about two hours.^[8]

May 23 2006: By 2pm EDT, the barricade across Argyle St. was again removed by natives and workers could be observed filling in the trench that was dug across the road the previous day. By 3:30 pm EDT the road was fully open to traffic.[9]

May 24 2006: After Hydro One crews worked throughout the night, power was restored to Caledonia during the morning hours.[10]

June 5 2006: Six Nations protesters and Caledonia residents clashed on the town's main street after a police cruiser drove through an area protesters considered "restricted".^[11]

June 9 2006: Two CH News camera operators were surrounded by Six Nations' protestors and assulted when they refused to hand over video tape containing footage of an altercation between natives and two non-natives in a parking lot adjacent to the Douglas Creek site. One camera operator was taken to a nearby hospital for a head injury after his video tape was stolen.[12] Caledonia residents say the OPP did not assist the camera operators, substantiated by the camera operators themselves, and shaky amateur video footage. Although the Hamilton Spectator reports that Lynda Powless, publisher of the Turtle Island News has produced photos which show OPP officers intervening.^[13]

Following the altercation in the parking lot, more than 300 Caledonia residents gathered at the Canadian Tire lot before moving to a near by school yard adjacent to the construction site, where some clashed with OPP officers in full riot gear.^[14]

During the evening, a Bureau of Alcohol, Tobacco, Firearms and Explosives vehicle, with agents reportedly observing the OPP's management of the crisis, was swarmed by protesters. The occupants were removed from the vehicle, which was then driven at an OPP officer. The OPP officer was injured during the incident.^[15] Protesters seized sensitive OPP documents from the vehicle, which included identities of undercover officers and information from confidential informants. The documents were later returned, but not before they were photocopied and distributed to the media. The Ontario government has asked Six Nations that all photocopies be handed back. The vehicle was returned.

Arrest warrants have been issued for Albert Douglas, 30, Skylar Williams, 22, Arnold Douglas, 61, and Ken Hill, 47, all of Ohsweken, Audra Ann Taillefer, 45, of Victoria, B.C., and Trevor Miller, 30, who face a total of 14 charges including attempted murder, assaulting a police officer, forceable confinement, theft of a motor vehicle, dangerous driving, assault and intimidation.^[16]

Anti-recliamation protestors, onlookers, media gather at the OPP line after the October 15 "March for Freedom"

June 12 2006: Ontario Premier Dalton McGuinty calls off negotiations with aboriginals protesting at the Caledonia site, saying that public safety has been compromised by Friday's violence. He says the province will only return to the table when the barricades come down and native leaders assist police in finding seven suspects in connection with earlier incidents. Aboriginal protesters respond by removing one of the blockades, and negotiations resume on June 15.

June 16 2006: The Ontario provincial government announced that it had bought the disputed site from Henco Industries, the company which had sought to develop the land. It simultaneously announced $1 million in additional compensation for businesses in the Caledonia area adversely affected by the protest.^[17] The fate of the land, now in provincial hands, is currently unclear.

Also, Audra Ann Taillefer, 45, of Victoria, B.C. was taken into custody on charges of robbery and intimidation, stemming from the June 9 incident involving a Simcoe couple.[18]

June 20 2006: Native protesters start an unofficial archeological dig on the Douglas Creek Estates. This prompts some residents to erroneously claim that the protesters are tapping into Caledonia's water supply, a supply that comes from Hamilton, a city in the other direction.

Rumours spread that the natives are building bunkers, digging trenches and discharging firearms. Natives explain that the bunkers are no more than a house they have occupied being renovated, that the trenches are part of the archaeological dig, and that the gunshots are merely fireworks.

July 11 2006: Native protesters remove the concrete blocks and the hydro tower which have been blocking the main entrance into the disputed area. They say they have nothing to hide.

An anti-reclamation protester is arrested by OPP officers after attempting to breach the police line near the site of the disputed land on October 15

August 7 2006: Native protestors and non-natives began throwing rocks and golf balls while shouting insults at each other. Approximately 100 people participated in the violent event which lasted nearly 3 hours. OPP spokesman Const. Dennis Harwood commented to The National Post "There was some property damage, but no injuries were sustained."[19]

According to the Canadian Press, Harwood stated that the "altercation was sparked by minor incidents on Sunday, beginning when Six Nations children cut the middle out of a Canada flag."

"They were taunting at the Caledonia residents, then the Caledonia residents put up some signs," said Harwood." Mayor Marie Trainer stated that the residents' anger had started earlier, when the natives had been throwing rocks at the home of an 89-year old resident.[20]

August 8 2006: At a hearing in a Cayuga courtroom, Superior Court Justice David Marshall ordered the Ontario provincial government to break off negotiations with the Six Nations community until the Protesters have left the disputed land. Six Nations protesters indicated that they had no intention of leaving. [21]

August 11 2006: The Government of Ontario announces that it is appealing Superior Court Justice David Marshall's ruling to break off negotiations to the Court of Appeal for Ontario. The Government will first seek a stay of Justice Marshall's Order, so that negotiations may resume while the appeal is being prepared. A court date of August 22, 2006 was set in the Ontario Court of Appeal, where a 3 member panel will decide whether or not to grant a stay. [22]

August 14 2006: Natives set up an information booth on government property in Brantford, Ontario. The government stated that they weren't using the land anyway. They do not want this situation to escalate into one like in Caledonia, so they have no intentions of asking the natives to leave.

August 27 2006: The judges of the three member panel of Ontario Court of Appeal dealing with the Provincial government's appeal wrote: "The province owns Douglas Creek Estates. It does not claim that the protesters are on its property unlawfully. It does not seek a court order removing them. It is content to let them remain. We see no reason why it should not be permitted to do so." Furthermore they stated "Despite what Justice Marshall said in his reasons of August 8, 2006, he did not include in his final order a direction that the parties cease negotiations."... "Thus in our view the parties should be free to continue to negotiate if they choose to do so without fear of being in breach or contempt of a court order. To be clear, the order of Justice Marshall does not preclude continued negotiations." [23]

September 22 2006: Gary McHale from Richmond Hill, Ontario and his wife organized a rally on the Caledonia Wake Up Call website, due to take place on October 15 at the occupation site. McHale was quoted saying "It's not an army base. It's just standard government land and we can walk on government land."^{[citation needed]} At the same time, Hazel Hill, spokesperson for the Native protestors, organized a defence group of the people of Six Nations.^{[citation needed]}

The entrance to the disputed land during the October 15 "Potluck for Peace" held by the people on the site and their supporters.

October 15 2006: McHale's rally contained approximately 400[24] participants. The rally was blocked from the main entrance to the Douglas Creek Estates by the OPP, which is where the rally planned to march. Instead, they went to the grounds of the school that borders the site and one of the side entrances that is blocked off. McHale encouraged his rally to control their temper and not to resort to violence. Meanwhile, about 2500^{[citation needed]} Six Nations people and their Native and non-Native supporters gathered together for a "Potluck for Peace" on the reclamation site whose status is currently under negotiation between the Haudenosaunee Confederacy Council and the Provincial and Federal Governments.

December 16 2006: OPP arrested Gary McHale for breach of the peace.[25]

January 16 2007: Native protestors find in their unofficial archeological dig, what they claim to be an native burial ground, and pieces of what used to be a Long House.

January 27 2007: Federal negotiator Barbara McDougall says land claims will not hold up in court.[26]