A key player in the centre of a land dispute on Tyendinaga Territory says the Mohawks of the Bay of Quinte band council ought to apply the principles it espouses in relations to the federal government "with their own."
The dispute between the Mohawks of the Bay of Quinte and the proprietor of a gas bar will return to the courts next week. But Clifford Andrew Miracle (Maracle) is portraying himself and his company as victims in the dispute.
He said his lawyers are looking after the matter, though he intends to continue operating his stores until he is told he no longer can.
"I basically feel the same way the chief and council are treating their own members is the same way they're going to be treated on their land claims," he said.
"We presently have land claims and they're complaining the government isn't dealing with them fairly and I ask if they're being fair with their own."
Chief R. Donald Maracle said the ongoing matter involving Mohawk Liquidation Centre on Old Highway 2 is scheduled to go back before the courts on Feb. 26, nearly one week after the band council was supposed to take possession of the property as outlined in an earlier court decision. 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 -- site of Miracle's Mohawk Liquidation Centre -- to the Mohawks of the Bay of Quinte. The court had determined the Brants had defaulted on payments they had received from a native finance company to develop a business on the land, never owned it, in fact, and had sold the property to Miracle when they were not entitled to do so.
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 Supreme Court decided not to hear the appeal and Miracle and his company were bound by the earlier court decision to vacate the property.
That meant Miracle was supposed to vacate the gas bar and convenience store on Feb. 14. He has operated the businesses on the land for six years and, today, the commercial operations continue to run in defiance of the couirt and band council orders.
There's a lack of compassion in the matter, charges Miracle. He said he has employees depending on him for their pay cheques but the band council's actions are placing those jobs in jeopardy.
Since opening the business Miracle said he has invested $1.6 million in the property. Those investments are one of the matters requiring legal attention.
Chief Maracle said when the issue returns to the courts, lawyers will be discussing chattels.
"The matter will return to the courts for a determination of interpretation on the chattel issues," the chief said. "Ron Maracle, the police chief, has also asked there be a court order enforcing the eviction. Those will be the two matters they'll be looking at on Feb. 26."
Maracle said he is not surprised to see the issue going back before the courts. Miracle, he said, does not have the authority to operate a business on the property and has been trying to delay the process of clearing off the land on which he holds no title or permission from the band on which to operate.