Haldimand OPP called off an attempt yesterday to shut down an illegal smoke shack on Highway 6 after they were confronted by native protesters.
Nearly 10 officers attended the Pine Ridge Tobacco smoke shack on the east side of Highway 6 south of Caledonia. Owner Steve "Boots" Powless issued a text alert upon their arrival. Within 15 minutes, the officers were surrounded by nearly 20 of Powless' supporters.
"They decided it was not in the public interest to pursue the matter at this time," Const. Paula Wright of the Haldimand OPP said yesterday. "Anyone found to have been acting unlawfully will be held accountable."
OPP videotaped the confrontation. Investigators are examining the tape for evidence of intimidation and threats of violence.
Several smoke shacks have popped up on Highway 6 since native activists occupied the Douglas Creek Estates subdivision three years ago. Pine Ridge Tobacco is unique because it is the first to arise on private property on the east side of Highway 6 without the consent of the landowner, retired farmer Ernie Palmer.
Powless told Palmer he was setting up shop a month ago. Powless says Six Nations never surrendered the land that was used to build the Hamilton Plank Road -- now Highway 6 -- in the 19th century. As such, Powless has claimed Palmer's land on behalf of the reservation.
"The land has never been surrendered," Powless said. "It has never been paid for. How is it that my right to this land has been extinguished?"
Powless told the OPP yesterday that the issues surrounding the Caledonia land dispute are of no concern to law enforcement. Rather, he says it is up to police to alert politicians at the provincial and federal level and have them negotiate with the reserve's political leaders.
"I'd like to make it abundantly clear that I have no ill will toward the OPP," Powless said. "I understand they have their responsibilities to people like Mr. Palmer. But they are caught in the middle too. We need to get some politicians down here and get this resolved."
For his part, Palmer feels powerless to do anything. He doesn't know how the situation will resolve itself. All he knows is force is not the answer.
"I'm stuck between the natives and the police," he said. "What would you do if you were in my shoes? I have no choice."
Palmer is angry with a group in Caledonia that recently formed a "militia" in response to the native standoff. At the time, Palmer had persuaded Powless to move off his land. However, when Powless heard about the militia, he decided he was not going to vacate under these circumstances.
Palmer is also angry about media reports that have suggested he invited Powless onto his property. Friday, Haldimand County's bylaw department served Palmer with a summons to appear in provincial offences court July 31. He has been charged with allowing an illegal commercial business in an agricultural zone.
As for Powless, he has an expansive view of native land rights in the Caledonia area and beyond.
"Where the sun comes up to where it goes down, every bit of land it touches is my home," he said.
He also has a historical perspective on his business. His smoke shack is named after the Pine Ridge Indian Reservation in South Dakota. In 1973, members of the American Indian Movement from Pine Ridge seized the nearby town of Wounded Knee.
Federal law enforcement officials surrounded the town for 71 days before the occupation ended.
Wounded Knee was also the site of a battle between Lakota Sioux and the U.S. army in 1890 that killed 200 natives and 25 American soldiers.