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Legal action impacts talks, says chief

Six Nations calls early summer break

June 13, 2008
Brantford Expositor

Legal action in Brantford is impacting land rights negotiations between Six Nations, Ontario and Canada.

"Everything is connected," Mohawk Chief Allen MacNaughton, who is a negotiator, said Thursday.

"The issue of an injunction against our people, charges being laid against our people does make it hard to negotiate."

On June 7, the Haudenosaunee Confederacy Chiefs Council "decided that we could adjourn (negotiating meetings) until the end of July, beginning of August," MacNaughton said.

Since March 2006, when chiefs called for a moratorium on development, they express concern about development on disputed lands in the Haudenosaunee territory along the Grand River.

During land rights negotiation meetings on Wednesday and Thursday, MacNaughton raised concerns, including Brantford's approach of treating natives as individuals rather than a nation.

On June 3, a judge with the Ontario Superior Court of Justice set an interim injunction banning interference on Brantford construction sites. The injunction named Ruby and Floyd Montour, Hazel Hill, Aaron Detlor, four other Six Nations people, the Haudenosaunee Development Institute and persons unknown.

As far as MacNaughton was concerned, the Ontario government can step in on the development issue because the province approves permits issued by Brantford.

"I think they could take action by stopping them," he said. "They should at least issue a caution to people who are trying to develop that this is what could happen."

MacNaughton went on to say that developers are working faster than ever to get the shovel in the ground.

MacNaughton said Six Nations negotiators have not yet talked about stopping talks until development is frozen.

Federal representative Barbara Mac- Dougall also spoke about the impact of Brantford development on talks. She said development is the city's responsibility and that any municipality can go to court if it has jurisdictional obligations.

"It would be a lot easier for us if everything just came to a standstill but life doesn't do that," she said.

All parties agreed that a summer break beginning this week will provide time for Six Nations to address concerns at public meetings and to review a new document on a proposed Welland Canal flooding resolution.

In December, Six Nations was offered $26 million to compensate for 2,500 acres flooded between Dunnville and Cayuga when the Dunnville dam was built as part of the Welland canal system. Six Nations people were not compensated but non-native persons were.

Hoping the summer break will assist in distributing information about the proposal, federal negotiator Ron Doering said no one is as committed as he is about reaching a settlement.

A Welland Canal discussion paper filed this week stated that Six Nations could establish trusts with the proceeds and acquire land on a willing buyer and seller basis.

If the settlement is accepted, Six Nations will be asked by Canada to refrain from any litigation on this grievance and refrain from asserting any interests on the land.

A release on this claim would put this grievance behind all parties.