Land dispute interrupted music school construction

By Karen Best

Sunday, January 21, 2007
Haldimand Review

It’s his land but he can’t build on it. For months, Chris Syrie told the Ontario government how his plans to build a new music school were interrupted by the Six Nations occupation of Douglas Creek Estates in Caledonia.

Changes to this provincially owned property resulted in flooding and drainage problems that the Ontario government would not address on his land, he said. Under current circumstances, he said it was not possible to relocate 400 Caledonia Music Centre students to this property, which is unusable and adjacent to DCE.

When the Ontario government bought out development company Henco Industries and builders, Syrie asked to be bought out too. In December, Syrie learned there was no program “to purchase property from owners that claimed to be affected” by the land dispute. Orlando DaSilva of the Ontario Ministry of the Attorney General delivered this message in a letter.

Frustrated, Syrie planted two Canadian flags and two No Trespassing signs on his lot on Jan. 10. He said he was exercising his freedom of speech and right of ownership. “I decided it was time to go down to visit my property,” he said to The Chronicle.

Within five minutes, OPP officers arrived to talk him out of being there. Soon natives walked onto his lot. If there was no dispute, why did this happen, he said. This proves “there is a problem with my land”, he said.

While 14 officers watched, Syrie said two natives came onto his property and one tried to intimidate him. For 15 long seconds, officers did nothing as he and one of the visitors stood face to face just two inches apart. Syrie said he asked the man to leave but did not raise his voice or make any racist comments.

OPP denied Syrie’s request to remove the men but asked him to calm down, he said. Meanwhile the native repetitively claimed ownership and asked him to leave, he said.

“I’m not afraid. I’m not going to stand down from anybody who thinks they have the right to strip me of my rights,” said Syrie.

When the native realized he would not stand down, he joined a dozen Six Nations men on the side of the street. OPP officers faced the natives who eventually left.

Syrie said his action had nothing to do with his non-native neighbours, whose house was later surrounded by native vehicles with flashing lights. “This battle is specifically between me and the government,” he said.

For Syrie, this was not a protest. He went to his property to put up No Trespassing signs for liability. To prevent natives from being accused for this, he erected Canadian flags, he said. His action is not connected to other town flag-raising events.

Syrie said natives have called him racist but he said he was not. However, he was disappointed with the provincial government. “I don’t understand how my actions are any different than the natives’ (actions),” he said. “I’m trying to claim the land. If I don’t own it, someone has to stand up and take responsibility.”

In a separate interview, OPP Constable Paula Wright said an officer did ask the unwanted male to leave the property which he did. On Jan. 11, OPP began an investigation. “We were fortunate it was caught on videotape,” she said. Officers began looking for “real” information as well, she said of evidence independent of the video.

Syrie provided police with an unedited videotape at their request and proved ownership by presenting his deed to an OPP detective.

When he paid $106,000 for the property in May 2005, Syrie said he purchased it in good faith. He is making mortgage payments on it. His plan was to build an 8,000 square foot two-storey building to accommodate his growing business. In two years, Caledonia Music Centre grew from 45 to 400 students and 17 instructors. The school also has a lengthy waiting list.

In February 2006, he was one month away from moving ahead with plans for a bigger school. Syrie paid $4,137 in permit fees and submitted his development proposal.

After receiving a zoning sign to post, a county official asked him to hold off on erecting it for a couple of weeks until the situation blew over.

Planning development manager Elaine Brunn Shaw said no one from the planning department made this request.

He was asked to hold off on putting up signs because additional information was required, she said. Currently his application is on hold at his request, she said.

In retrospect, he wished he had put the sign up. “I was naive that my rights would be respected,” he said. The government needs to put a “buyer beware” disclaimer on lands subject to land claims, said Syrie. The county willingly refunded his permit fees, he said.