A dispute escalates

Oct 22, 2007
Brantford Expositor

The pressure to settle Six Nations' land claims has kicked up a notch. In the latest development in the long-standing dispute, Six Nations Confederacy has exerted its right to control development of land that it says it owns on six miles on either side of the Grand River. Last week the Ontario government said the Confederacy has no authority to stop development or to charge development.

Caught in the middle are developers who don't know what to do. Should they seek the approval of the newly created Six Nations development institute? Are they required to pay substantial fees? And what happens if the institute rejects a development that has been approved by Brantford, Brant County or another Grand River municipality?

The rules must be clarified quickly to avoid confrontation, however, the slow pace of negotiations between government and Six Nations does not offer much hope.

From the Confederacy's point of view, the creation of the Haudenosaunee Development Institute makes sense. Six Nations claims to own much of the land along the Grand River from its source north of Fergus to its mouth at Lake Erie. As landowner, the Confederacy seeks to control development through issuing approvals and charging development fees.

The institute provides a mechanism for Six Nations to express itself about development. Even the province sees the institute as a useful tool for consultation.

But until government and natives agree on who owns disputed parcels of land, non-natives will view the institute as jumping the gun in demanding developers seek its permission before starting to build.

On Friday, work stopped for the day on construction of a $40 million project on Wayne Gretzky Parkway at Henry Street after about a dozen natives arrived to protest.

The protest was peaceful. But what happens if natives step up their protests?

Last month, a small group of natives held up work for two weeks at a construction site on Grand River Avenue. Builder Mike Quattrociocchi met with the Confederacy and refused a demand to pay more than $50,000 for permission to build four duplexes.

A showdown was avoided when a Six Nations leader called off further protests. Work continued - at least for now.

Six Nations and the province must recognize that developers and communities are in a predicament, which best will be resolved at the negotiating table.