County won't conform with HDI protocol

The county will continue to operate under guidelines set out by provincial planning policies and regulatory frameworks including those legislated by Ontario's Planning Act.

Councillors chose not to receive a letter from the Haudenosaunee Development Institute that was included in Monday's Council in committee agenda under planning and economic development business.

The letter from the HDI informed county council that the Haudenosaunnee Confederacy Chiefs Council has legislated a regulatory process for dealing with development of lands over which it claims to have jurisdiction.

The framework, which is administered by the HDI, identifies, regulates and registers development within the Haldimand Tract in compliance with the "Haudenosaunnee Green Plan" and the "Haudenosaunnee Development Protocol," the letter says.

"Please feel free to contact us at your earliest convenience," it reads.

Coun. Buck Sloat and Mayor Marie Trainer had a meeting last week with representatives of the HDI including lawyer Aaron Detlor, Hazel Hill and native chiefs. The meeting was also attended by provincial representatives Chris Maher and John Nolan, as well as local developer Mike Corrado who is attempting to build a 44-unit townhouse complex to the east of Talbot Street in Cayuga.

Six Nations representatives who claim to speak on behalf of the HDI have threatened to shut Corrado down if he doesn't consult and conform with the recently established body that is not recognized by the provincial government according to Ontario land claims negotiator, Murray Coolican.

"The HDI has no authority to stop development or charge development fees," Coolican stated in a letter last fall. "Ontario's position is that private property owners have title to their properties."

That position has been reiterated many times by the Premier as well as Ontario's Aboriginal Affairs Minister.

However the HDI has remained steadfast in its approach, native protesters halting developments across Haldimand and elsewhere within the watershed, including Brantford.

"They are basing their existence on a 1701 land treaty," Sloat said.

According to information he was given at the meeting, the HDI has really nothing to do with land claims.

Sloat noted that the Haudenosaunnee think they have the right to hunt and fish anywhere in the Haldimand Tract and are seeking compensation that impedes their ability to hunt and fish.

"It really did get quite absurd," he asserted, adding that the discussions were "one-sided."

Sloat said the HDI will not grant development without its approval and will ask for a $7000 application fee that would be paid by the developer to the municipality, before being handed over to the HDI.

The land to be developed is then leased by HDI and 25% of property taxes are sent to the HDI "forever."

Detlor, a lawyer, should have known that he county cannot divert taxes, Sloat insisted, but instead got "flippant," stating that Haldimand would have to confer with the province on that matter.

Some representatives of the HDI asked Sloat why Haldimand wanted to turn the county into another Toronto and he countered by asking them why they built a community hall and a gas station. They replied that such structures were built because they were needed and Sloat said that Cayuga needed townhomes.

"The whole conversation made absolutely no sense whatsoever," Sloat recalled.

The local councilor informed HDI reps that the county would not deal with the HDI until the province sends a letter instructing it to and that was basically the end of the meeting, he said.

Many developers in Brantford are also becoming frustrated and "are ready to march on Toronto," Sloat added.

"The province needs to do something."

However Haldimand did receive some good news of reassurance on Monday.

After numerous attempts to consult Six Nations regarding Haldimand's Official Plan during the past two years, the province "had no choice but to regretfully withdraw from this process with the Confederacy," stating that consultation does not require "the province to submit applications or pay fees to the HDI under the protocol when carrying its decision-making role under the Planning Act."

A meeting to consult with Six Nations Elected Council earlier this year was cancelled by Six Nations representatives and despite attempts to reschedule, the Ministry of Municipal Affairs and Housing has not received a response.

The Ministry requested that Six Nations respond by last Wednesday, May 2. "In the event we do not hear from you by that date, the Ministry will proceed to make required decisions on these Official Plans," said a letter to Six Nations Chief, bill Montour, dated April 25, 2008.

County won't conform with HDI protocol

"One-sided meeting got "absurd"