This week, the Ontario government and Haldimand County went public with their refusal to acknowledge the Haudenosaunee Development Institute (HDI). A developer was considering his next steps after meeting with the institute last week.
After lengthy debate, Haldimand council decided to express its intention to continue adhering to the Ontario planning act until informed about changes by the provincial government. This message was sent in a letter to the Haudenosaunee Confederacy Chiefs Council.
County council decided unanimously to relay their position to the council instead of to HDI, which they did not recognize as a legitimate organization.
Last fall, the chiefs council legislated the HDI to act as the body dealing with development of lands under their jurisdiction.
HDI's status also impacted government ministry actions. In their attempts to consult with the Confederacy council about the Haldimand County official plan, representatives of the Ministry of Municipal Affairs and Housing met with HDI last November. They learned that an application fee must be paid to the institute before planning matters could be discussed.
While recognizing the importance of consultations related to Six Nations rights, Micheline Riopelle, director of the region's ministry office, said in an April 25 letter to band Chief Bill Montour that consultation does not require fee payment for decisions under the Planning Act.
"Accordingly, the ministry had no choice but to regretfully withdraw from this process with the Confederacy," she added in the letter.
In an interview this week, she said, "The ministry is still open to discussions with the Confederacy as long as it did not involve paying HDI."
Last week, developer Michael Corrado and his partner David Eccles took Coun. Buck Sloat, Mayor Marie Trainer and provincial negotiators John Nolan and Chris Maher to their meeting with HDI. Federal negotiators were unable to attend what Corrado believed to be the first HDI session with senior government representatives in attendance.
During the almost three-hour-long session, Corrado learned that a $3,000 fee was required based on the size of his project. After the fee is paid, the organization can better assess the project and what additional funds they would like, he said.
On Tuesday, he said he and his partner were still trying to digest this whole thing. The fundamental problem was the institute asked developers to do things they cannot legally or logistically do such as unilaterally direct municipal taxes to HDI, said Corrado.
"We're between a rock and a hard place," he continued. "We can't do what they want and if we don't (do it), they shut you down."
Now Corrado faces the million dollar question of what to do next. With a whole army of negotiators at the table, occupations and shut downs are still going on daily, he noted.
The developer, ministry and county are attempting to make decisions on how to respond to Six Nations interests and move forward with legal plans under Ontario law.
Haldimand County council's position was a response to a March 27 letter from HDI interim director Hazel Hill, who had received correspondence about county developments and politely asked the county to contact the institute.
In the letter, she outlined the HDI's mandate to identify, register and regulate development according to the Haudenosaunee green plan and development protocol. She also said HDI was to ensure perpetual care and maintenance of Haudenosaunee interests within the Haldimand Tract along the Grand River.
Coun. Lorne Boyko pointed out that the county was located in the no go zone for development.
According to the Haudenosaunee protocol document, section two states: "development prohibited". Even so, HDI can permit projects if proponents meet land use agreements, comply to environmental standards and pay application and permit fees..
All applicants are to provide land title history including details of purported surrenders by Six Nations. Throughout, HDI retains the authority to cancel permission if conditions are not met.
Haldimand County officials do not know how development proposals reached HDI. Under the Grand River Notification Protocol, the county sends them to Six Nations band council.
In place since 1996, the notification protocol is voluntary and includes circulation of development proposals from Brantford, Brant County, Brantford and the Grand River Conservation Area to Six Nations band council and the Mississaugas of the New Credit band council near Hagersville. Information is also relayed to the provincial and federal governments.
County development planning manager Elaine Brunn Shaw said the agreement is up for renewal and will be completed in October. She did not expect significant changes because the protocol will be an interim measure until consultation and accommodation is addressed, if that can be accomplished at all, she added.
For Corrado, his meeting with HDI fulfilled his obligation to Six Nations member Ruby Montour who asked him to meet with the organization. She told him on April 22 that she would shut him down if he did not so do.
Last week, he showed Hill and lawyer Aaron Detlor and four Confederacy chiefs his 1890 Crown patent for the conveyance of the Cayuga property to the Crown for $50.
Meanwhile the 44-unit townhouse project continues to move ahead in the northeast corner of Cayuga because the province keeps telling developers they are not obligated in any way to deal with HDI, said Corrado.
"We are an innocent third party caught in the middle," he added.
At this week's council meeting, Sloat shared his observations from the HDI meeting. He said the institute was basing their existence on the Nanfan Treaty of 1701 that recognized most of southern Ontario and parts of northern US states as their hunting and fishing grounds. He said they are seeking compensation for development in that area because it impedes with those rights.
Sloat said the HDI process would include Corrado signing over the deed and leasing back the land. In order to transfer homeowner fees, the HDI suggested the county pass a bylaw remitting 25 per cent of property taxes to the organization, the councillor reported.
They openly asked for money on an ongoing basis, said Sloat who described HDI requests as ludicrous.
"The whole conversation made no sense whatsoever," he summed up.
When they left, Sloat said they were no farther ahead in regards to protests launched by Six Nations members Ruby and Floyd Montour. For this councillor, the only solution will come when the provincial and federal governments stand up to this. He also reported that developers in Brantford are ready to march on Queens Park.
Trainer said HDI wanted the county to throw away all its traditions and put the institute in charge even though it would not take care of roads and other municipal services and infrastructure.
She advised the Six Nations representatives that county senior citizens, who are fifth generation owners of farms, are worried that this land will not be able to pass into their grandchildren's ownership.
Meanwhile, the municipal affairs ministry continued to seek a meeting with Six Nations band councillors and their community. Last week, Riopelle met with council members to explore how a public meeting, which was originally arranged with the former band chief and cancelled last month, might be rescheduled. She hoped to hear this week how they proposed to move forward.
In her experience, Riopelle found band council members and staff were cooperative and hoped to continue that relationship. If a public meeting was the option of choice, she wanted to present to band council and community members a power point presentation on the official plans of Haldimand County, Norfolk County, Hamilton Rural and East Luther Grand Valley and the Brantford five-year official plan amendment update.
After Haldimand County approved their official plan in June 2006, it was forwarded to the provincial government for review by other ministries. In the fall of 2007, discussions with First Nations began with the Mississaugas of the New Credit who have yet to provide their final comments.
Because 180 days have passed since the Ontario government received the official plan, any party can appeal it to the Ontario Municipal Board. That body has the authority to approve, reject or approve the plan with modifications. Riopelle said the board's decision would be final unless a party seeks a judicial review on an issue of law related to the decision.
After last week's Six Nations land negotiation meeting, provincial negotiator Murray Coolican said the Haudenosaunee chiefs and community decide who will represent them on planning matters in discussions.
Six Nations Sub-Chief Leroy Hill, who is also a key negotiator, said their growth plan was a step taken by the Confederacy and was akin to the Ontario Places to Grow plan. He was also aware of the suggestion to bring HDI into negotiations, as mentioned recently by Ontario aboriginal affairs minister Michael Bryant.
While all parties have expressed an interest is seeking common ground on land development, the chiefs had not yet determined how that might proceed, Hill said last week. The issue was expected to be discussed at a Confederacy council meeting.