The ongoing dispute in Caledonia concerns the Haldimand Tract, given to Six Nations in 1784 for loyalty to the Crown during the American Revolution. The 3,850-square-kilometre strip follows the Grand River from Lake Erie to Dundalk and 10 kilometres on either side of the river.
Claims in the area have been at issue for more than 200 years.
Douglas Creek Estates, a 28-hectare parcel off Caledonia's main road, Argyle Street South, was in the process of being developed into a residential subdivision when it was "occupied" or
"reclaimed" on Feb. 28, 2006, by protesters associated with the Six Nations or Haudenosaunee of the Grand River Territory.
The land was owned by Henco Industries Ltd. and had about 10 homes under construction, with future plans to build about 800 homes. The Ontario government stepped in and purchased the property from owners John and Don Henning for $15.8 million in September 2006. The province paid another $4 million to the contractors.
A handful of native protesters remain on the site with the approval of the Ontario government.
THE PLAINTIFFS
Class action: Hamilton lawyers John Findlay and Margaret McCarthy are seeking to certify a class-action lawsuit against former OPP commissioner Gwen Boniface and detachment commander Inspector Brian Haggith on behalf of business and property owners damaged by the occupation of the Douglas Creek Estates and the barricades on Argyle Street and Highway 6.
The original plaintiffs own a Dairy Queen and the St. George Arms British Pub. They are seeking to certify four classes of claimants: a business class, property owners' class, contractors' class (including subcontractors of Henco Industries, the former developers of DCE) and a Highway 6 class, including businesses outside Caledonia that were affected by the road closure.
Crown counsel Orlando Da Silva opposes the class action, saying, "The case is so complicated, so unwieldy and cumbersome, that it will not achieve any of the goals of a class proceeding."
Case settled: The occupation of the DCE also formed the backdrop for a suit by Caledonia residents David Brown, Dana Chatwell and their son, Dax Chatwell. They were suing the Ontario government and OPP for $7 million for abandoning them to what they claim was a state of lawlessness surrounding the disputed property. That trial ended when the parties reached an agreement on Dec. 28. Financial terms are confidential.
As part of the agreement the province purchased the property.