County demands action on Six Nations

KAREN BEST
Wednesday, June 20, 2007
Haldimand News

Haldimand County council is insisting the Ontario government develop a process for consultation with Six Nations.

"We have some serious issues here and we've been hanging in the wind," said Coun. Lorne Boyko. He authored the unanimously endorsed message asking the provincial government to set the rules of engagement including what parties are to be consulted and in what form.

"Things are definitely getting worse not better," he said of development issues in the county.

Haldimand County was apprised of the duty to consult requirements with First Nations last September. Since then, the province's delay in creating a policy has resulted in "a growing major development impediment" in the county and has worsened "an already fragile economic development climate," Boyko wrote in his motion.

Council asked in the motion for the province to take the lead with its municipal partners in placing "a major priority" on a new duty to consult process.

Soon consultation with First Nations will begin on the Haldimand County Official Plan. Like Haldimand County, the Ministry of Municipal Affairs expected an interim consultation protocol to be in place by now. The minister must consult with First Nations before making a decision on the Official Plan.

After a series of discussions, county staff and municipal affairs ministry staff have agreed to work together on joint consultation with Six Nations and Mississaugas of the New Credit.

Both the Six Nations band council and the Confederacy council will be consulted about the Official Plan.

Coun. Buck Sloat expressed concern about the length of consultation and urged council to set a timeframe. "We're in limbo here," he said. "We're being used as guinea pigs on our official plan."

"This can't go on and it will unless we take a severe stance on this," he said.

A few years ago a Supreme Court ruling set a higher level for consultation between provincial and federal governments and First Nations. The ruling also required that First Nations be accommodated in areas where claims existed. Pearce pointed out that municipalities were involved because they are extensions of the provincial government but third parties, such as developers, were not.

In an earlier interview, Boyko said it was entirely up to Calloway REIT, which owns the Dunnville Shopping Centre property, to meet with Six Nations representatives. Developers cannot wait forever for a new duty to consult protocol from the provincial government, he said.