The operator of a Tyendinaga Territory gas station is warning there may be a protest on the property next month should the Mohawks of the Bay of Quinte follow through with plans to sell the site.
Andrew Clifford Miracle, who has been operating the Mohawk Liquidation Centre just east of Shannonville for approximately five years, said his employees have told him they won't leave on Feb. 14 when the band council is scheduled to take possession of the property.
The Supreme Court of Canada turned down a leave for appeal by Miracle, earlier this month, in connection to an ongoing land dispute surrounding the property. The dispute involves Miracle, Shawn Brant, his father Ronald Leslie Brant and the Mohawks of the Bay of Quinte over ownership of Mohawk band land on the north side of Old Highway 2.
In 2008, the Brants and Miracle were ordered to return control of the land -- on which sits Miracle's Mohawk Liquidation Centre -- to the Mohawks of the Bay of Quinte.
Last summer, a court of appeal dismissed an appeal launched by Miracle and the Brants. They then took the fight to the Supreme Court when they filed a leave for appeal. The decision not to hear left Miracle 30 days to vacate the property.
"It's really a travesty of justice. That's the whole thing in a nutshell," Miracle said. "This is against their own people and now they're putting their own people out of work and I think the whole thing is just wrong."
Chief R. Don Maracle said the band council has decided to sell the property and will take possession on Feb. 14.
The band may be in for a fight. Miracle said his employees do not want to leave the property and lose their jobs and have indicated to him they won't vacate the site.
"What I'm going to do is back my employees. My employees say they're not leaving. What is it they say, possession is 99 per cent of the law?" he said. "If they want to stay in possession I'm going to back them. To make it very clear, we will not be leaving anywhere on Feb. 14."
Maracle said though council has decided to sell the land, there is a delay in the proceedings -- lawyers representing the parties are struggling to agree on issues surrounding chattels. Should an agreement not be reached, he said, it may require another hearing.
"We do intend to take possession of that property, however, on Feb. 14," the chief said. "We believe this is really a stalling tactic and it's just an attempt to delay the band in posting the notice for sale."