By Karen Best
Haldimand Review
Thursday, February 15, 2007 - 09:00
Local News - For the first time, a council member held a meeting in Caledonia to hear concerns about the land dispute and solicit ideas for the town’s future.
"This is about trying to move forward despite what is happening today," he said.
Hosting the Feb. 9 meeting out of respect for Caledonia residents, Coun. Craig Grice said expressed disappointment with the Canadian government’s lack of urgency to resolve the land issue.
"The federal government has not come forward to help our community and Haldimand," he told a crowd of more than 200 in the Caledonia Lions Hall. His panel included Mayor Marie Trainer and deputy mayor Buck Sloat. All other council members attended but Don Ricker, who was on holidays.
"The burden on the community won’t be lifted until Douglas Creek Estates is resolved," said Grice, who described the occupation as “illegal”. He said the Canadian government has issued a legal opinion stating the property and the rest of the Plank Road claim was surrendered to the Crown in the 1840s.
"The problem is, we’re becoming accustomed to it and that shouldn’t happen," said Grice, urging the community to take issues directly to the provincial and federal governments.
If the community quiets down about this, it will continue just like Ipperwash, said Doug Fleming of Caledonia.
In Ipperwash, members of the Stoney Point band moved back on to their reserve in 1995 after waiting 50 years for the federal department of national defence to repatriate it. During World War II, the department expropriated the 2,400 acre reserve to convert it into an advanced military training camp. In 1995, First Nations protesters also moved into Ipperwash Provincial Park, which was sold by the band to the province about 60 years earlier. Occupation of the park continues.
Grice said if occupation succeeds in Caledonia, he does not want it to move to Hagersville, Dunnville or somewhere else. The councillor said it should not be the protesters who decide when the occupation ends.
Discussions soon moved on to policing. “The OPP gave us up," said Carl Thompson, one of the residents living in 14 homes on Sixth Line, which runs along the southern side of DCE.
On April 20 after arresting 16 people, OPP gave up policing on the road and arranged for Six Nations Police services on it and on Oneida Road and Seventh Line, which is known as Stirling Street on the Caledonia side of the Southern Ontario Railway. OPP are now trying to negotiate back return of policing responsibilities, said Sloat.
With questions arising about breech of contract, he said, that after policing changed in this sector, county council learned this was permitted. The county’s contract says OPP are to provide policing but it does not say that they must be the force that does so, said Sloat. The county lawyer agrees, he said.
Under the current contract, the county cannot order OPP to do their job, said Grice.
If the OPP cruiser stationed near Canadian Tire on Argyle Street South moved up to Sixth Line, it would be closer to a cluster of Caledonia properties and to that road, said a Caledonia resident. Grice said this has already been suggested.
When challenged by Caledonia resident Andre Gulabsingh, Grice said he signed a non-disclosure agreement in order to have input on the Caledonia resident financial compensation committee. "I had no choice in order to do my job. I wish it was all out in the open," said Grice.
Discussion continued on other avenues for county and resident involvement.
Ray Hunter asked county council to request the same funding provided to Six Nations for a legal representative at the main negotiating table. With those funds, the county can hire a lawyer to represent Caledonia and Haldimand, he said.
"We have legal recourse, no matter what they say over there," said Hunter. “We pay the taxes.”
Since the beginning, Haldimand County asked to have a representative on the main negotiating group and that has not happened, said Sloat. "They say we have nothing to offer," said Trainer.
Rumours continue to escalate because little information is released, said Anne Marie VanSickle. OPP have not protected residents and the Ontario and Canadian governments did not help, she said.
"There’s nobody to stand up for ourselves but ourselves," said VanSickle. She urged people to talk to others at work and in organizations to get the news out.
In search of equal and open access to information, VanSickle asked for minutes of the Caledonia liaison committee, the Caledonia neighbour committee and the Caledonia community committee, also known as the compensation committee.
"Do what’s right in your heart not what you are told to do," she said urging county politicians to share information as Confederacy negotiators do.
Caledonia resident Merlyn Kinrade chastised council for not supporting Gary McHale, a Richmond Hill resident who operates a website and comes to town to battle two tier justice. "We need more people like him. We need all of Caledonia and Haldimand County to rally around them," he said adding that if 20,000 rallied politicians would listen.
Grice said McHale serves a purpose for some but other residents want nothing to do with him. When he comes to town, businesses suffer, he said. "This will only be saved by us," he said.
Ken Hewitt said, if the McGuinty government stopped putting money into the OPP and policing dropped off in Caledonia, it would force the government to do something, he said.
The often quoted member of the Caledonia Citizen Alliance said Haldimand County has no representative consulting on the lands beside town homes. Hewitt said thousands of acres of land have been offered but county residents have no idea what they are.
He questioned how provincial and federal government officials expect municipalities to consult with the Confederacy when highly paid negotiators can’t resolve issues.
Sloat said the county is challenging the duty to consult precedent set in three Supreme Court rulings.
The three cases concluded that the Crown had a duty to consult First Nations. Municipalities were not mentioned in any of the decisions.
A Caledonia resident said guns were on DCE - something Six Nations protesters deny. People in the audience spoke up about gunfire on New Year’s Eve. Grice said he shared the fear of a person being hurt or worse. "I have heard time and time again that someone has to die before this is resolved," he said.
There’s a bigger issue than native land claims at stake, said Chris Cooper. "Your civil rights are being kicked all over the place," he said. He said an OPP internal investigation into the June 9 CH TV beating response and an Ottawa Police investigation into OPP actions should be made public.
Kevin Clark said Caledonia residents are playing into the hands of the federal and provincial government when they fight against Six Nations. To heal, the two communities need to come together under a banner of peace and take this issue to the governments, he said.
Haldimand Norfolk Brant MPP Toby Barrett suggested residents take their concerns and placards on a road tour of MPP and MP offices in Hamilton, Niagara and other nearby centres, including Simcoe where he and Haldimand Brant MP Diane Finley have offices.
Because 600 acres in Townsend and 4,700 acres in South Cayuga were offered to Six Nations in April and discussions had begun on Port Maitland, Barrett suggested taking the issue to Dunnville and Jarvis and to farmers near the Brant County Burtch Correctional facility property.
"They are hoping it will stay in Caledonia," said Barrett.
Last year, a PC supported inquiry into Caledonia was passed in the Ontario legislature and should proceed, he said.