John Paul Zronik
Tuesday, June 26, 2007
Brantford Expositor
A native smoke shop recently opened within the borders of Brant County has led to charges that the municipality is unwilling to uphold its bylaws for fear of reprisal from Six Nations.
Middleport resident Dino Giudice, who lives next door to the smoke shop, at 1151 Highway 54, said the business is likely breaking county laws regarding road setbacks and signage.
And he's frustrated the municipality seems unwilling to do anything about it.
not like oka
"For God sake, this is not Oka," Giudice said during a recent presentation to county council, referring to a violent standoff with native protesters in 1990 in Quebec. "We're not talking about a band of warriors rising up against the state. It's a land use issue."
Giudice said the smoke shop, which opened in April and is run out of a small trailer, has led to safety concerns among Middleport residents. He described the traffic in and out of the business as "an accident waiting to happen."
Middleport residents first contacted the county about their concerns regarding the smoke shop on April 12 and have yet to receive a response, Giudice said. He accused council of a lack of leadership and followup in dealing with the issue.
"There is no sign of progress," Giudice said in an interview. "Not today, not on the horizon."
Giudice said his lawyer has confirmed that the value of his home has fallen to "actionable levels" because of the "illegal activity" next door to his home.
"I am frustrated there is not one law for all."
During an interview, county Mayor Ron Eddy said the municipality is "absolutely not" shying away from dealing with the smoke shop. He said there is confusion surrounding ownership of the land on which the business sits, known as the towpath, a 66-foot strip of land running beside the Grand River at one time used by the Grand River Navigation Company to tow watercraft up the river.
"The problem, as I understand it, is that the trailer is on Crown land," Eddy said. "We are having trouble finding information ... about any jurisdiction we may have on Crown land. We're trying to find out."
Formed in 1832, the Grand River Navigation Company aimed to make the river more navigable by constructing a series of canals that would allow large vessels to travel on it for the purpose of trade and encouraging settlement.
history of land
The company was given the right to expropriate swaths of land along the river for its purposes, including the section of towpath that runs through Middleport, where the new smoke shop sits.
Six Nations lands and money were invested into the navigation company without the knowledge or consent of the native community and, when the company eventually went bankrupt, the reserve received nothing for its investment. Because of this, many natives still view the towpath as owned by Six Nations, although county officials believe it is under the ownership of the federal or provincial government.
There currently is an outstanding land claim on the towpath lands.
During an interview, an employee of the Middleport smoke shop said there is no doubt the business is located on Six Nations land.
six nations land
"This 66 feet from the river is Six Nations land and will continue to be Six Nations land," said the employee, who declined to be identified.
Don Glassford, the county's director of corporate services, said Brant approached the federal government for guidance about the land-ownership issue about a month ago. He said progress has been slow.
"We've been shepherded through several ministries, so we don't have any answers," Glassford said. "It is our understanding that sometimes Crown land is federal, but there have been occasions where the federal government through some mechanism passed that on to the province."
Coun. Brian Coleman, who represents the Middleport area, said the municipality is working hard to find answers.
"The municipality is trying, but we are not receiving any support from the province or the feds," Coleman said. "We think it's Crown land, but we're not sure yet."
County bylaw enforcement officer Rens Deckker said at least a portion of the lot where the smoke shop sits - the portion not on the towpath - is located in Brant County. Deckker said the property is zoned for residential purposes and taxes are paid to the county for part of the property.
The smoke shop employee said county and health unit officials officials have visited the business three times, taking photographs and urging it not to promote cigarettes on signage.
Eddy said there is no municipal sign bylaw governing the Middleport area, but the county is working toward developing one. The mayor also said the county does not have jurisdiction over signs regarding cigarettes.
slippery slope
Giudice said the county is entering a slippery slope by not taking action to remove the smoke shop. He said the situation could lead to others using swaths of the towpath for smoke shops, or other purposes. If that happens, Middleport residents will call the county to account, he said.
Council has held in-camera meetings, not open to the public or media, to discuss the smoke shop issue, but Giudice said those meetings have produced no results.
"There's nothing they can tell us," he said. "Council has buried its head in the sand because it's a native issue."
Eddy said the fact Giudice has raised the possibility of legal action means councillors must be cautious about what they say regarding the issue.
"Once we're in a legal situation, we have no choice but to deal with it legally," Eddy said. "I can understand his concern about it. But even though he's been advised of the work we're doing and the difficulties, I don't think he believes it."
Some councillors say they understand Giudice's frustration.
"Just because they have this land claim, it seems (the natives) can do whatever they want," said Coun. Cliff Atfield. "I know there's frustration because if that were me or you down there putting that thing up, they'd just push us in the river."