Coun. Don Ricker did not even want to receive a letter requesting Haldimand County to consult and accommodate Six Nations on the sale of a small portion of Paul Avenue in Dunnville.
His ire was matched by fellow council members as they discussed Six Nations Band Chief Bill Montour's letter in response to an advertisement for land sale.
Coun. Craig Grice said municipalities did not have the responsibility to consult and accommodate because that rested with the provincial and federal governments.
Mayor Marie Trainer agreed with Coun. Buck Sloat's suggestion to send a strongly worded letter to the chief and noted that this will be a very important letter. A draft copy will be circulated to council members before a final version is drafted and sent.
Coun. Lorne Boyko made it very clear that he did not want Haldimand's response to the letter' s approach to be connected to Paul Avenue. "This could be a flash point," he noted.
In his letter on Paul Avenue, Montour cited Supreme Court of Canada rulings requiring meaningful consultation and accommodation by the Crown where development may affect First Nations claims, rights and interests. Lack of due diligence on behalf of the Crown can leave development proposals open to challenge, Montour p>Ricker said the letter was out of character and doesn't fit with this minute application. He also mentioned the willing seller and willing buyer process.
Council was poised to pass a motion inviting Montour to the relationship committee to talk about issues of mutual interests when Trainer said the chief wanted a joint council meeting.
She wondered if county council should extend the meeting to include the Haudenosaunee Confederacy Council (HCC).
Boyko said, "We better crawl before we start walking. If it doesn't go well, we might not want to go to HCC later."
In his letter, Montour referred to
the 1701 Treaty of Fort Albany that he said set aside western New York and southern Ontario as traditional First Nations hunting grounds. The 1784 Haldimand Proclamation further confirmed Six Nations rights along the river, he wrote.
His community was concerned about the pace and scope of development in the tract. "We are of the view that the cumulative effect of this development has and is increasingly infringing on our treaty rights and impacting our claims and interests," he said.
Montour said the land should not be sold or subject to development until Six Nations land claims are settled. Further down in the letter, he said the application should not be approved until the county and Crown fulfil consultation and accommodation duties. He also said Six Nations is prepared to engaged in meaningful discussions to address Six Nations rights, concerns and interests in "a demonstrable plan of action".