City can't act on building protest; It's up to police, other gov't: Mayor

Posted By John Paul Zronik

Brantford Expositor
Sept. 8, 2007

A local developer will wait until Monday to meet with Six Nations Confederacy leaders about the fate of a housing project on Grand River Avenue.

Mike Quattrociocchi, owner of Mayberry Homes, was to meet Confederacy representatives on Thursday, but that has been postponed until next week.

On Tuesday, a small group of protesters stopped the construction of four duplexes being built by Quattrociocchi's company on Grand River Avenue, near Jarvis Street, claiming the development was on Six Nations land.

Protesters agreed to leave the site when Quattrociocchi promised he would stop work on the project and meet with native leaders.

On Friday, the developer said he doesn't know what to expect from the Confederacy.

"Every time I have an idea about how I think things will work, they go a different way. I hope Monday will provide some sort of resolution."

Quattrociocchi has complained the city is doing little to help him move forward with the housing project and that protesters are being treated with "kid gloves." He said city Mayor Mike Hancock told him there's little the municipality can do to help.

"At the very least, the mayor could keep citizens abreast of what's going on," the developer said.

"This land claim affects everybody, or at least 80 per cent of the city."

During an interview, Hancock said the city's hands are tied.

"What else can we do?" he said. "Once we have issued a building permit, anything beyond that becomes a police matter or a matter for another level of government."

The mayor stressed that council and the city's police services board can not direct police on operational matters, such as those undertaken at the protest site on Tuesday.

But Hancock said the province could introduce a mechanism where land claims would be considered when municipalities are issuing building permits.

"At this point, we can't factor unsettled land claims into the decision," he said.

Hancock said city council has been under intense pressure from the Six Nations Confederacy, as well as the elected band council, to stop issuing building permits. He said the request is impractical and doing so would be illegal.

"We will continue to operate as mandated by the province of Ontario to make planning decisions based on the city's official plan. We would prefer not to be in conflict with our neighbours from Six Nations, but I think it's unreasonable and impractical, the kind of request they're making."

Quattrociocchi has also been talking with provincial native affairs representatives, who don't see the protest as serious enough to take action.

"Does it take people getting hurt or wasting hundreds of policing hours to do something? Unfortunately, I think it will take someone getting hurt.

"Everybody's turning a blind eye and hoping this thing's going to go away."

Quattrociocchi is also upset that city police negotiated with protesters on Tuesday. He said the illegality of the protest is clear and police should have removed those blocking construction.

"I'm very, very disappointed they were negotiating with (protesters) on the property rather than getting them out of there," Quattrociocchi said.

Acting Insp. Geoff Nelson said the service's role is the same in all situations: "To preserve the peace, protect the public and enforce the law."

Nelson said police responded to Tuesday's events after receiving a complaint from Quattrociocchi's company and met with Quattrociocchi and protesters. Police have received no further complaints from Mayberry Homes, Nelson said.

Hancock said he's bringing city concerns about Six Nations' actions forward through frequent meetings with provincial and federal representatives, including members of the negotiating team currently at the table with Six Nations. The mayor said he's also met with concerned developers.

Six Nations' tactic has so far been to make demands on the city, but the local governments could accomplish more by acting as "natural allies," Hancock said.

"It's never been a negotiation, it's basically a demand," he said. "I would prefer we find a way to work together.

"We could stand together to see the higher levels of government take action."

Collaborating would also help clarify Six Nations' grievances, the mayor said.

"The issue of what they'd like to achieve - at least to me - is not entirely clear."