Ratification may be difficult

By Jim Windle
Teka News - SIX NATIONS
Jan 10, 2008

Now that the new year is here it's just about time to tie up some loose ends left undone when federal, provincial and Six Nations negotiators broke for the Christmas/Mid-winter holidays.

Just before the break the government put a $26 million offer on the table as a proposed settlement for lands flooded during the construction of the Welland Canal in the 1830's.

The ratification of this offer is something the community must have
meaningful input towards by both Haudenosaunee and the governments's standards.  This has not taken place yet and at this point it's still not certain how it will be brought before the entire community.

"Some people were appointed to look over the offer in preparation of it being brought to the public," said Hazel Hill.

The Chiefs are only now beginning to deal with how to engage such a diverse community.

"Somehow we have to utilize as many processes as possible to get to as many people as possible," says Hill, "Not just big community meetings, and not just through the Clans and Nations."

Part of the strategy will be engaging smaller groups of people through organizations like Six Nations Minor Hockey or Six Nations Lacrosse.

"Maybe the Red Hat Society and church groups," Hill added.

Hiring a professional consulting firm to help design an effective communication strategy and to compile the data received is being considered.

"The Crown is required to make these funds available," explains Hill.

Chances are however that this strategy will still be far from ready by the time the negotiations restart in February when the government is expecting some kind of response to its offer.

"They're only expecting a preliminary response in February," according to Hill.

There's not a lot of time to even put  a preliminary response together at the speed things move through the traditional circles.

But what strings will be attached to any lands Six Nations may decide to buy?  Will that land be "held in trust" by the government?  Will it be taxable land, or will it be automatically added to recognized reserve lands?

These are all important questions that need to be asked and answered to the satisfaction of the Six Nations negotiators and the general population before a knowledgeable yea or nay can be made.

Hill encourages people to think about these things and not rush into a rash decision whether to accept or reject this latest offer.

Even though the government recently announced that Ipperwash Park was to be returned to the people of Stoney and Kettle Point, these are the same questions being talked about in their council circles.  Basically, what strings are going to be attached to this "settlement".

People within the community and especially those intimately connected with the Kanonhstaton reclamation are beginning to ask why this issue that brought them to the table in the first place hasn't been dealt with yet while so many other things have gotten in the way.

"We are still working on this," Hill assures.  "The Crown was supposed to come with their documentary evidence to show surrender of the former Douglas Creek lands before Christmas, but hasn't yet."

Meanwhile government negotiators have bluntly told media that the DCE lands are not on the table.   Somewhere between these two statements there is a disconnect which needs to be dealt with.

Others have voiced concerns that land is not directly involvd in the offer, only money which they say Six Nations can purchase land with.

"We believe land should come back as original title," says Hill.  "The government shouldn't have a hand in it.  They should have no say in what happens in our territory."

She is adamant that any land transfers will not he "held in trust for the people of Six Nations."

There is also some concern about these same issues when it comes to the promised return of Burtch to Six Nations.  So far it still remains an unfulfilled promise.  There have been no tangible steps made to make that transaction a reality.

On the positive side, at least for some, the joint councils will resume their meetings January 12 when the traditional council and the newly elected council will get together to further explore a possible new form of government which would include elements of both governmental styles.

They will also be trying to reach a mutual agreement on the meaning and extent of the eight points of jurisdiction the Confederacy presented to the elected council in the early 90's when Bill Montour was the elected Chief the first time.

These meetings were ongoing before the reclamation of the former DCE lands began.  They subsequently stopped.  Some on both sides of the table feel progress was being made but the events of the past two years overshadowed any marginal successes made at that time.

"We have to find a way to respect all Six Nations people," says Hill.  "Not just the traditional people but those who follow the elected council as well.  We really need to start building a relationship between the two governments again."

Although not mentioned in the discussions, there is also the legitimacy of the Mohawk Workers and their claim as the rightful recipients of the Haldimand Deed in the first place.

Those represented by that group wonder how any possible agreement can be made without their participation since the Deed was made manifest between the Mohawks of the Grand River territory and the Crown of England.

Although lead negotiator Chief Allen MacNaughton is a Mohawk, he is not recognized by the Mohawk Workers as a legitimate Mohawk Chief since he has no direct clan or Clan Mother, they say.

Also being worked on behind the scenes is the ratification process and mandate from the people for the Haudenosaunee Development Institute which was formed by the Haudenosaunee Confederacy to handle land claims management issues.  This mandate needs to be ratified by the community too, in the same way, in order to legitimately represint the people.

"It's easy to sit and criticize what we are doing," says Hill. "But it's going to take the fire in each of us to get out and participate in these issues and make sure your voice is heard."