Land rights letter riles up council

KAREN BEST
Wednesday, October 17, 2007
Dunnville Chronicle

A Haldimand County councillor denounced a letter from the Six Nations land rights department as ridiculous at this week's council meeting.

"I think we are falling into the trap - to be quite frank," said Coun. Buck Sloat. "We're debating a letter that's been sent to us that implies that we should follow an illegal course. Why are we even talking about it?"

Council was in the midst of discussing a letter sent to Mayor Marie Trainer to put the county on notice about outstanding land rights including 999 year mortgages, 21-year term leases and life leases with individuals with promised reversion back to Six Nations upon death.

The letter outlined misappropriation of Six Nations funds by the Canadian government and an attempt to sue in 1995.

In February 2006, Six Nations people expressed their frustration by stopping "the unlawful development on our disputed lands now referred to Douglas Creek Estates at Caledonia", wrote Trevor Bomberry on behalf of the Haudenosaunee Six Nations land rights department.

The letter stated Haldimand County has issued permits and licences in error based on failure to consult with Six Nations.

If necessary, Six Nations will interfere with permit issuance, the author wrote.

Sloat was visibly upset with the letter's contents.

"It's ridiculous - absolutely asinine. We should have thrown it in the garbage," he continued. "It's not our issue...It (the letter) comes from nowhere."

"I don't know what they're missing. It's quite simple - billions of dollar is what they are missing. It's nothing to do with Stirling (Woods), DCE, " Sloat said. "I don't think we should even be talking about it because it comes from no recognized body, no recognized individuals."

Unless the Ontario government changes the Provincial Planning act, Haldimand County will continue to follow current law, said Sloat.

"If these people have an issue with those rules and regulations, go to the lawmakers not us," he concluded.

Joining in on the discussion, Coun. Craig Grice said the county does not issue licences in error because they are provided based on law and the Ontario building code.

At the Oct. 9 council committee meeting, Grice asked that the letter be made public. The contents clearly stated Six Nations grievances, something people in Caledonia wanted to know, and gives an indication of what is discussed at the main negotiating table, he said.

"While I don't like some of the direction, I understand that if they believe it is their land, it is justified," continued Grice.

Some of the land, including the Plank Road, was surrendered as stated by the federal government, he said referring to a legal opinion released earlier this year by the Canadian department of justice. Plank Road includes DCE, Stirling Woods and a subdivision site in Hagersville, Grice added.

Reading from the end of the letter, Trainer noted that Six Nations definitely wants the county to consult with them.

"That's what we need to have cleared up," she said. Haldimand County does not consult but, as a matter of courtesy, does notify the Six Nations band council about development projects, Trainer stated.

This is done under the Grand River Notification Protocol established in the mid 1980s.

Coun. Lorne Boyko led the charge on demanding a response from the Ontario government. In a strongly worded motion tabled on Monday night, he asked appropriate provincial government officials be contacted and asked to meet with council "immediately" to present their position on this matter.

"We want people who can give us answers," he stated.

He wanted officials to explain to council and senior county managers what they are going to do about this situation.

The resolution will be forwarded to Premier Dalton McGuinty, Ontario Aboriginal Affairs Minister David Ramsay, Indian and Northern Affairs Canada Minister Chuck Strahl, Prime Minister Stephen Harper, Haldimand-Norfolk MP Diane Finley, Haldimand Norfolk MPP Toby Barrett and non-aboriginal liaison David Crombie.