Grand River land dispute

The Grand River land dispute, also known as the Caledonia land dispute, is an ongoing dispute over Aboriginal title and land rights between the Six Nations of the Grand River and the Government of Canada. The dispute has been the subject of many formal land claims since the 1970s, and several instances of direct action in the form of protests, blockades, and occupations. The dispute focuses on land along the length of the Grand River that was granted to Indigenous allies of the British Crown in the eighteenth century to make up for territorial losses suffered during the American Revolutionary War and as a result of the Treaty of Paris (1783).

Indigenous peoples
in Canada

The dispute came to wide attention in Canada in 2006 when the Six Nations formally reactivated litigation against Canada and Ontario initially brought in 1995.[1] Protesters from the Six Nations of the Grand River began a demonstration to raise awareness about First Nation land claims in Ontario, Canada, highlighting their claim to a parcel of land in Caledonia, Ontario, a community within the single-tier municipality of Haldimand County, roughly 20 kilometres southwest of Hamilton. Soon after this demonstration, the demonstrators took control of the disputed land, the planned site of a subdivision Douglas Creek Estates. The land, along with all of Caledonia, is part of the 385,000-hectare (3,850 km2) plot of land originally known as the Haldimand Tract, which was granted in 1784 by the British Crown-in-Council to the Six Nations of the Grand River for their use in settlement.[2]

In 2020, the dispute once again entered public consciousness with Mohawk protesters blockading Highway 6 in February and March as part of the 2020 Canadian pipeline and railway protests in solidarity with the Wetʼsuwetʼen, and later with the occupation of the site another planned subdivision, McKenzie Meadows, renamed 1492 Land Back Lane by the protesters, self-proclaimed "land defenders".

History

18th century
  • May 22, 1784 - Frederick Haldimand purchases land along the Grand River from the Mississauga nation.[3]
  • October 25, 1784 - In return for military support provided by member states of the Six Nations during the American Revolution, the British Crown provides these nations with territory to replace lands ceded south of the Great Lakes via the Haldimand Proclamation. A contingent of Haudenosaunee people led by Brant decides to settle at the Grand River. The nations' new, shared, territory extends 6 miles (9.7 km) from either side of the Grand River, from its source to its termination at Lake Erie. As of November 2006, Henco Industries claims that the Haldimand Grant was a licence to occupy the land, with title remaining with the Crown.[4]
  • 1791 - Sir John Johnson, who had been placed in charge of managing the resettlement of the Haudenosaunee, notices an error regarding the northern boundary of the Haldimand Tract. He found that the headwaters of the Grand River did not fall within the land purchased from the Mississaugas in 1784. The Crown's surveyor Augustus Jones redefines the boundary of the Six Nations' parcel, establishing straight-lined boundaries, including Jones Baseline, which provided the northern boundary of the newly-defined parcel, around the later location of Guelph.[5][1]
  • December 1792 - The Crown purchases the remainder of the land included in the Haldimand Grant (ie up to the actual headwaters of the Grand River) from the Mississaugas, but does not transfer it to Six Nations.[1]
  • January 14, 1793 - Lieutenant-Governor John Graves Simcoe confirms the grant with a limited deed, known as the Simcoe Patent, or the Crown Grant to the Six Nations or the Haldimand Tract, no. 4.[6] The Simcoe Patent limits the Haldimand Tract to 111,000 hectares (1,110 km2) for the exclusive use of the Six Nations, leaving the rest of the land available to be leased, surrendered, or sold by the Haudenosaunee to the Crown. It does not address the issue of the territory around the headwaters. Brant and the other Six Nations chiefs reject the patent and claim it is not binding on them.[1]
  • 1796 - The Six Nations grant its chief, Joseph Brant, the power of attorney to sell off some of the land and invest the proceeds to provide annuity for tribal members, who were struggling to survive in the new settlements. The Crown initially opposes the sales but eventually concedes.[4]
  • c. 1794-6 - Joseph Brant begins selling land to private interests, having reached a deal with Peter Russell that allowed him to sell and lease the land so long as it was offered first to the Crown.[1] Ultimately, he sells 381,480 acres (1,543.8 km2), an area comprising the northern half of the reserve, for £85,332. The interest on the annuity promises an income of £5,119 per year, far more than any other Iroquois people had received up until that point.
  • February 5, 1798 - The land sold by Brant to the Crown is parcelled off into six blocks and sold to private land speculators. These blocks later developed into towns as follows:[1]
    • Block No. 1 - Township of Dumfries (later North Dumfries and South Dumfries Township, incorporated in 1819)
    • Block No. 2 - Waterloo Township (incorporated in 1816)
    • Block No. 3 - Pilkington Township in Wellington County, and Woolwich Township (incorporated in 1816)
    • Block No. 4 - Nichol Township in Wellington County (opened for settlement in 1822)
    • Block No. 5 - Moulton Township in Haldimand County
    • Block No. 6 - Canborough Township in Haldimand County

19th century
  • 1801 - All of the land speculators have fallen behind in their payments due to being unable to sell farm-size lots to settlers fast enough to keep up.
  • 1828 - Nearly two thirds of the Grand River territory has been sold, leased, or occupied by squatters.[1]
  • 1835 - The Crown approaches the Six Nations about developing Plank Road (now Highway 6) and the surrounding area. The Six Nations agree to lease half a mile of land on each side for the road but did not surrender the land. Lieutenant-Governor John Colborne agrees to the lease but later, his successor, Sir Francis Bond Head, does not.[4]
  • 1840 - The government recommends that a reserve of approximately 8,093 hectares (80.93 km2) be established on the south side of the Grand River and the rest sold or leased to the Crown in order to protect them from encroaching squatters.[4][1]
  • January 18, 1841 - According to the Crown, the Six Nations council agrees to surrender for sale all the lands outside those set aside for a reserve, on the agreement that the government would sell the land and invest the money for them.[4]
  • February 4, 1841 - The Six Nations petition against the surrender of land, saying the chiefs had been intimidated and deceived and they had agreed only to lease the land.[4]
  • July 7, 1841 - There is another petition against the surrender.
  • 1843 - A further petition to the Crown says the Six Nations need a reserve of 22,000 hectares (220 km2) and want to keep and lease a tier of lots on each side of Plank Road (Highway 6) and several other tracts of land within the territory laid out by the Haldimand Proclamation.[4]
  • December 18, 1844 - A surrender is signed by 47 Six Nations chiefs that authorizes the sale of land to build Plank Road.[4]
  • 1845 - Starting this year, despite the protests of Six Nations citizens, the Crown sells Plank Road and surrounding lands to third parties.[4]
  • May 15, 1848 - The land that would later be the site of the development of Douglas Creek Estates is sold to George Marlot Ryckman for 57 pounds and 10 shillings; a Crown deed of title is issued to him.[4]
  • 1850 - The Crown passes a proclamation setting the extent of reserve lands to about 19,000 hectares (190 km2), which is agreed to by the Six Nations chiefs.[4]

20th century
  • 1924 - Under the Indian Act, the Government of Canada establishes an elected band government on the Six Nations reserve.[4]
  • 1931 - The Statute of Westminster is put into effect; the parliament of the United Kingdom relinquishes the ability to legislate on behalf of Canada. All Canadian First Nations affairs are now fully within the jurisdiction of the Canadian Crown.
  • 1974 - The Six Nations Land Claims Research Office (SNLCRO) is created by Six Nations to pursue the terms laid out in the Haldimand Proclamation.
  • 1974-1995 - SNLCRO submits 29 separate land claims to the Specific Claims Branch of Indigenous and Northern Affairs Canada.[1]

Canadian National Railway Settlement

In 1980, the Six Nations Council, along with SNLCRO, submitted a claim to Indigenous and Northern Affairs Canada against Canadian National Railway's unauthorized use of reserve land for a stretch of rail that runs along the eastern end of the reserve (near the site of the later Douglas Creek Estates dispute). The First Nation eventually accepted a settlement in 1987 that consisted of $610,000 in the form of three parcels of land added to the reserve, which added approximately 104,883 hectares (1,048.83 km2). The Council also retained the right to purchase said railway lands if they were not used for railway purposes and were re-acquired by Canada.[1]

Douglas Creek Estates (Kanonhstaton)
An occupied house on the Douglas Creek Estates.

In 1992, Henco Industries Ltd. purchased 40 hectares (0.40 km2) of land for what it would later call the Douglas Creek Estates.[4] The proposed subdivision was set to be located southeast of Caledonia, between Argyle Street South, 6th Line, the CN rail line, and the houses along Thistlemoor Drive.[7]:192 That land was part of an existing land claim submitted by the Six Nations Council, which was closed by 1995. That same year, the Six Nations sued the federal and provincial governments in the Ontario Superior Court of Justice over the developers' purchase of the land. At the time, the developer called the lawsuit "an accounting claim" for "all assets which were not received but ought to have been received, managed or held by the Crown for the benefit of the Six Nations."[8][4] The trial is scheduled to start in October 2022.[9]

Regarding their right to purchase the land, Henco argued that the Six Nations surrendered their rights to the land in 1841 and Henco had purchased it from the Government of Canada. The Six Nations, however, maintained that their title to the land was never relinquished, as their chiefs protested the 1841 surrender and sent a petition to the government arguing against the terms.

In July 2005, the subdivision plan for Douglas Creek Estates is registered with title to the property guaranteed by the province of Ontario.[4]

During the continuing dispute, on June 16, 2006, the Government of Ontario announced it had bought the disputed tract from the developer and would hold it in trust until negotiations settled the claim. Protests during the years included blockade of roads and rail lines, damage to a power station resulting in an area blackout and more than $1 million in repairs, and low levels of violence from both sides, as well as isolated, more serious attacks. The government halted negotiations at times because of public danger from protesters' actions, such as blocking public roads.

As protests continued, on June 12, 2006, more than 400 area residents and businesses filed a class-action suit against the Government of Ontario for its "failure to protect them adequately". This was settled in July 2011, with the government paying CA$20 million to class members.[10] By the end of 2011, several criminal cases related to assaults had been prosecuted.[11]

Dispute Timeline

2006
Occupation of Douglas Creek Estates

February 28: The immediate conflict started when a group of members from the nearby Six Nations reserve erected tents, a tipi and a wooden building on 40 hectares of land known as the Douglas Creek Estates. Henco Industries, the developer of the land, obtained an injunction on March 3 ordering the protesters off the land. The Sheriff tried to deliver Justice Matheson's order to the protesters late Sunday evening, March 5. They would not accept delivery. One of the protesters, Dawn Smith, burned the order. The burning was broadcast on local television. The next day the protesters burned the order again.

March 9: Justice Marshall made three orders. At Henco's request, he made the March 3 order, the interim and interlocutory injunction, permanent; he adjourned Henco's contempt motion against the First Nations protesters to March 16; and he ordered that the service of the contempt motion on the respondents could be effected by the same methods Justice Matheson had provided for service of the injunction order (by police).

March 17: Justice Marshall made a finding of contempt and ordered the Sheriff to go to Douglas Creek Estates, read aloud the March 17 contempt order and the March 3 injunction order of Justice Matheson, and distribute copies to anyone present. Finally, the motions judge ordered that warrants of committal for contempt be issued. However, he delayed their execution for five days to permit the respondents to "quit the blockade and leave Douglas Creek Estates."

April 20: More than three weeks after the motions judge's second contempt order, the Ontario Provincial Police (OPP) went to Douglas Creek Estates and arrested twenty-one persons under the warrant of arrest. Later that day, several hundred natives from the Six Nations Reserve, some of whom were masked and were armed with bats, axes and hockey sticks, returned to the site. The police retreated and the natives reclaimed the site and set up roadblocks along the access street. During the evening, the protesters put hundreds of tires across the highway, doused them with gasoline and lit them. In addition, they set fire to a wooden bridge over railway tracks. Firefighters were unable to extinguish both fires because the fire chief stated that he did not believe the OPP could adequately protect his men. Several boxes of documents from the land developer's office inside a model home, were stolen and tossed into a bonfire.[12][13] A short time later, a hydro substation was destroyed when a truck crashed through its gates and was set on fire. This caused a blackout and $1 million in damages.[14]

Blockade of Highway 6 over the Grand River by Six Nations protestors

April 24: Caledonia residents hold a rally demanding an end to the occupation.

April 25: Mayor Marie Trainer gave an interview to the CBC, where she said that the residents of the town were being hurt economically by the protest and do not have money coming in automatically every month. The protesters took this as an insult, believing it implied they all received provincial welfare. The Mayor said she did not intend that. The municipal council quickly distanced itself from her comments.

April 30: The provincial government appointed former premier David Peterson to help negotiate a settlement in the conflict.[15]

May 10: Edward McCarthy of McCarthy & Fowler Barristers and Solicitors called upon the OPP, the Premier of Ontario, the council of Haldimand County, and the Indian Affairs Minister to intervene and restore the rule of law in Caledonia.

McCarthy cited the alleged Surrender of March 18, 1841, purportedly signed by six Chiefs of the Six Nations saying that:

The Chiefs and Warriors of the Six Nations upon the Grand River in full council assembled at the Onondaga Council House ... have and hereby assent to Her Majesty's Government disposing of the land belonging and formerly reserved upon the Grand River for the Six Nations Indians...

except for

... the farms at present in their present occupation and cultivation, and of 20,000 acres (81 km2) as a further reservation, and that the selection of this reservation be deferred until after a general survey of the tract, when the position most advantageous to the general interests and peculiar wants of the Indians can be more judiciously selected. After a survey of the townships of Tuscarora, Oneida, and Seneca the following year, the said chiefs again met in Council on December 18, 1844, wherein they confirmed "the lands to be set apart as territory for the future residence of themselves and their people..." and agreed that those lands be "... on the south side of the River from that which is deeded at Burtch's Landing down to the west side of the Plank road except the tier of lots adjoining the said road....

This document further declares:

The nations present declare that due notice to their people was had of the times, place and object of their meeting in Council on the 13th inst. as well as of today and believe this their answer to the Commissioner is the wish of the Six Nations without a dissent.

The document was signed by 37 chiefs. The Six Nations representatives claim this treaty was fraudulent and repudiated by the Confederacy Council.[16]

McCarthy called upon the OPP to carry out their responsibilities to provide police service to the municipality. In conclusion McCarthy asks:

By a copy of this letter to the Premier of Ontario, I am asking the Premier to direct the relevant Minister to, in turn, direct the OPP to discharge its duty under The Police Services Act and enforce the law in Caledonia. If additional help is required from the RCMP or the army, so be it. Let's get the necessary help and get it forthwith.

By a copy of this letter to the Council of Haldimand County, I'm asking Haldimand County to take the necessary steps to enforce their Agreement with the OPP which, under Section 3 thereof, requires the OPP to provide adequate and effective police services in accordance with the needs of the Municipality. This Municipality needs the OPP to bring an end to this activity forthwith.

By a copy of this letter to the Federal Minister of Indian Affairs, Jim Prentice, I am asking the federal government to take the necessary steps to assist the Province of Ontario in enforcing the law by declaring a 'Public Order Emergency' under the Emergencies Act (the old War Measures Act), if necessary, in order to get the army to assist the police.

To date no official response from any level of government was made. (Source: Brantford Expositor)

Blockade of Highway 6 and 7th Line by Six Nations protestors

May 16: Protesters opened one lane of Argyle St. after an accident closed MacKenzie Rd., the main detour route into Caledonia from points south of Town. After the accident was cleared, protesters closed Argyle St. again, though they agreed to let emergency vehicles through.[17]

May 17: A second car accident east of Hagersville sent a 46-year-old Caledonia woman to hospital with life-threatening injuries. This accident, along with the accident on May 16, has led the Caledonia Citizens Alliance to call for the immediate removal of the barricades. (Source: Simcoe Reformer)

May 22: At 6am EDT, native protesters removed their blockade on Argyle St. Although the native blockade was removed, traffic remained blocked due to the presence of several dozen residents on the road, who were blocking passage to natives.[18]

Around 2pm natives re-established a physical barricade across Argyle St. and the two sides face each other separated by dozens of OPP officers. Scuffles continued to break out throughout the day, resulting in injuries to natives, residents and police.

Also, at some point during the afternoon, a fire at a nearby Hydro One substation caused a power blackout throughout Haldimand and in parts of Norfolk. The fire started when natives placed a burning truck in the substation, damaging two transformers. Crews fully restored power to all areas by May 27. Hydro One officials estimated the costs of repairing the damage at $1.5 million.[19]

As the world has seen, our protest has been firm but peaceful. Our people are responding without weapons, using only their bodies to assert that we are a sovereign people with a long history and that we cannot be intimidated," said Six Nations Confederacy Chief Allen McNaughton.[20]

A state of emergency was declared late in the evening due to the escalation of violence and the power-outage.[21] In Saskatchewan, Cree protesters blockaded the Yellowhead Highway near North Battleford in solidarity with the Six Nations protesters in Caledonia. Following negotiations with the Royal Canadian Mounted Police, the roadblock was removed after about two hours.[22]

May 23: By 2pm EDT, the barricade across Argyle St. was removed by natives, and workers could be observed filling in the trench that was dug across the road the previous day. By 3:30 pm EDT the road was fully open to traffic.[23]

May 24: After Hydro One crews worked throughout the night; power was restored to Caledonia during the morning hours.[24]

June 5: Six Nations protesters and Caledonia residents clashed on the town's main street after a police cruiser drove through an area protesters considered "restricted".[25]

June 9: Two elderly Simcoe residents were followed and surrounded in their car in a parking lot away from the occupation site. Native protesters jumped onto the vehicle and threatened to kill them. Residents said that the police did not intervene.[14] Following the altercation in the parking lot, more than 300 Caledonia residents gathered at the Canadian Tire lot. Moving to a place near the construction site, some clashed with OPP officers in full riot gear.[26]

Two CH News camera operators were surrounded by Six Nations' protesters and assaulted when they refused to hand over video tape containing footage of an altercation between natives and two non-natives in a parking lot adjacent to the Douglas Creek site. A reporter was later hospitalized with a head injury.[27] Caledonia residents say the OPP did not assist the camera operators, which was affirmed by the camera men. The Hamilton Spectator reported that Lynda Powless, publisher of the Turtle Island News, has produced photos which show OPP officers intervening.[28]

During the evening, a U.S. Border Patrol vehicle, with agents reportedly observing the OPP's management of the crisis, was swarmed by Six Nations' protesters. Two occupants were immediately forced out of the vehicle and a protester climbed in. As a third OPP officer tried to escape out the back door, he was injured. The car was driven directly at him and he was narrowly pulled to safety by onlookers.[29][14] Protesters seized sensitive OPP documents from the vehicle, which included identities of undercover officers and reports from confidential informants. The documents were later returned, but not before they were photocopied and distributed to the media. The Ontario government has asked Six Nations that all photocopies be turned in. The vehicle was returned.

Arrest warrants were issued on charges related to this incident for Albert Douglas, 30; Skylar Williams, 22; Arnold Douglas, 61; and Ken Hill, 47, all of Ohsweken; Audra Ann Taillefer, 45, of Victoria, B.C., and Trevor Miller, 30. They face a total of 14 charges including attempted murder, assaulting a police officer, forcible confinement, theft of a motor vehicle, dangerous driving, assault and intimidation.[30]

Counter-protesters, onlookers, media gather at the OPP line after the October 15 "March for Freedom"

June 12: A class-action lawsuit is filed by 440 residents, 400 businesses and a handful of sub-contractors, alleging negligence and malfeasance for the failure of the provincial government and the OPP to properly protect citizens who lived near Douglas Creek Estates.[31]

Ontario Premier Dalton McGuinty called off negotiations with Aboriginals protesting at the Caledonia site, saying that public safety has been compromised by Friday's violence. He says the province will return to the table only when the barricades come down and native leaders assist police in finding seven suspects in connection with earlier incidents. Aboriginal protesters removed one of the blockades, and negotiations resumed on June 15.

June 16: The Ontario provincial government announced that it had bought the disputed site from Henco Industries, the company which had sought to develop the land. It simultaneously announced $1 million in additional compensation for businesses in the Caledonia area adversely affected by the protest.[32] The provincial government is holding the land in trust until settlement of negotiations with the Mohawk of the Bay of Quinte.[33]

Also, Audra Ann Taillefer, 45, of Victoria, B.C. was taken into custody on charges of robbery and intimidation, stemming from the June 9 incident involving a Simcoe couple.[33]

A Caledonian protester is arrested by OPP officers after attempting to breach the police line near the site of the disputed land on October 15

August 7: Native protesters and non-natives began throwing rocks and golf balls while shouting insults at each other. Approximately 100 people took part in the violent event, which lasted nearly 3 hours. OPP spokesman Constable Dennis Harwood said to The National Post, "There was some property damage, but no injuries were sustained."[34]

August 8: At a hearing in a Cayuga courtroom, Superior Court Justice David Marshall ordered the Ontario provincial government to break off negotiations with the Six Nations community until the Protesters have left the disputed land. Six Nations protesters indicated that they had no intention of leaving.[35]

August 11: The Government of Ontario announces that it is appealing Superior Court Justice David Marshall's ruling to break off negotiations. The Government will seek a stay of Justice Marshall's order, so that negotiations may resume while the appeal is being prepared. A court date of August 22, 2006 was set in the Court of Appeal for Ontario, where a 3-member panel will determine whether or not to grant a stay.[36]

August 27: The judges of the three-member panel of Ontario Court of Appeal dealing with the Provincial government's appeal wrote:

The province owns Douglas Creek Estates. It does not claim that the protesters are on its property unlawfully. It does not seek a court order removing them. It is content to let them remain. We see no reason why it should not be permitted to do so." They also said, "Despite what Justice Marshall said in his reasons of August 8, 2006, he did not include in his final order a direction that the parties cease negotiations."... "Thus in our view the parties should be free to continue to negotiate if they choose to do so without fear of being in breach or contempt of a court order. To be clear, the order of Justice Marshall does not preclude continued negotiations. [37]

The entrance to the disputed land during the October 15 "Potluck for Peace" held by the people on the site and their supporters.

October 15: A rally organized by resident Gary McHale attracted an estimated 400 participants.[38] The rally was blocked from the main entrance to the Douglas Creek Estates by the OPP. Instead, the residents went to the grounds of the school that borders the site. McHale encouraged the rally members to control their tempers. Meanwhile some Six Nations people and their Native and non-Native supporters gathered together for a "Potluck for Peace" on the site under negotiation between the Haudenosaunee Confederacy Council and the Provincial and Federal governments.

December 16: OPP arrested Gary McHale for breach of the peace for organizing a rally in Caledonia.[39]

2007

January 27: Federal negotiator Barbara McDougall says land claims will not hold up in court.[40]

April 12: Haldimand County Mayor Marie Trainer said she received an e-mail from OPP commissioner Julian Fantino implying that the town is encouraging "divisive rallies" at the occupation site. He added that if any officers are harmed, he would not support a renewal of the town's policing contract in 2008 and would back any lawsuit brought against the town by individual officers. An OPP spokesperson said to The Hamilton Spectator that the OPP will neither confirm nor deny the authenticity of the e-Mail because it is correspondence meant for a particular person.[41]

September 4: A development site within six miles of the Grand River in Brantford, Ontario, was blocked off by pro-Six Nations protestors.[42]

September 13: Sam Gualtieri, a builder, was attacked in a confrontation with native protesters at the 90-home Stirling Woods development and seriously injured. A small group of natives had occupied the property that morning.[43] This assault was one of several criminal cases later prosecuted by the government.

2008

April 25: Six Nations protesters blocked off the Highway 6 bypass and a Canadian National Railway to show support for four Mohawk arrested during a protest at Tyendinaga on April 24, 2008; this protest had started in March 2007.[44] Shawn Brant, one of those arrested, was charged with assault with a weapon, breach of bail conditions, possession of weapons and possession of marijuana.[45]

At around 4:30pm protestors in Caledonia dug a trench across the Highway 6 bypass and dragged a large part of a hydro tower over the road. The OPP erected two blockades on either side of the bypass to ensure public safety.

2009

June 15: Some local residents announce the formation of an unarmed "militia" to enforce laws they feel the Ontario Provincial Police have failed to uphold.[46]

June 18: Community Safety Minister Rick Bartolucci says the militia is a "dumb idea."[47]

2010

February 22: Haldimand mayor Marie Trainer says that the province is leaning towards giving the Douglas Creek Estates to the Six Nations Band Council, but that she expects it to be some time before a formal decision is reached.[48]

2011

July 8: Attorney General Chris Bentley announces a settlement of $20 million ending a class-action lawsuit, filed by 440 residents, 400 businesses and a handful of sub-contractors, which claimed negligence and malfeasance on the part of the provincial government and the OPP for failing to properly protect citizens who lived near Douglas Creek Estates. Some residents are continuing independent lawsuits.[10][49]

December 2: Richard Smoke (Mohawk) is convicted of assault in the 2007 attack on resident builder Sam Gualtieri, which was described in court as "just a notch below culpable homicide". Gualtieri had asked Smoke and several other intruders to leave his daughter's house, which he was helping build as a wedding present. They attacked him. Smoke apologized to Gualtieri in court, in one of several criminal cases arising out of the land dispute.[11]

June 2014

The Haldimand County council ordered the removal of a native-made blockade in Caledonia.[50]

November 2014

The Haudenosaunee Confederacy Chiefs Council complete construction of a fence and gate surrounding the Douglas Creek estates site in order to prevent trespassing on the disputed land.[1]

November 2016

The only house that survived the land dispute at Douglas Creek Estates nearly burns to the ground overnight on the morning of November 15.[51]

2018

A lawyer who oversaw the class-action lawsuit by Caledonia residents is charged with fraud.[52]

Allegations of violence and police inaction

Since the occupation began, many Caledonia residents have complained that they have been subject to threats and violence from Native protesters and that the Ontario Provincial Police (OPP) failed to take any action to protect them. David Brown, who lives with his wife near the disputed area, testified in court in November 2009 that he was required to carry a native-issued passport and needed approval from the protesters to enter his own house. He also claimed that after arriving "after curfew" one day, he was denied entry and jailed by the OPP when he caused trouble by ignoring the natives. Brown alleged that Native protesters threatened and harassed him repeatedly, and that rocks and mud were thrown at his family and their home. Brown and his wife are seeking $7 million in a civil lawsuit against the OPP on the basis that the police did nothing to protect him and his family during the occupation.[53][54]

In response to Brown's claims, Crown lawyer David Felicient stated that the situation "must be understood against the backdrop of the unique character of Aboriginal occupations and protests" and that the OPP were prevented from taking action due to "policy implications."[53] Felicient also suggested that Brown had fabricated portions of his testimony to draw attention to his lawsuit. When Felicient asked why Brown kept a loaded shotgun, Brown responded that "We were doing what we had to do to stay alive. I had no protection from our government. I felt that I needed to protect my wife and my family."[55]

In court testimony, OPP Inspector Brian Haggith stated that the Native protesters "set up a checkpoint... Almost like they were entering another country," and that community lost confidence in the OPP's ability to protect them. Haggith also testified that when natives set fire to a wooden bridge in town, the fire department withdrew from fighting the blaze when threatened by protesters. The fire chief told the OPP he did not believe they would protect him or his men. In addition, an electrical substation was destroyed, causing more than $1 million in damage and a blackout, when a truck crashed through its gates and was left ablaze. Haggith said that there was little response from the police. Inspector Haggith also testified that he asked for a change in policy at a subsequent meeting he had with his OPP superiors, but that his request was denied.[14]

Wetʼsuwetʼen solidarity blockade
Main articles: 2020 Canadian pipeline and railway protests and Timeline of the 2020 Canadian pipeline and railway protests

In response to the OPP moving in to arrest protesters at the level crossing located near Tyendinaga Mohawk Territory on the morning of February 24, and in solidarity with the Wetʼsuwetʼen opposing the construction of the Coastal GasLink Pipeline, members of the Mohawk Nation (Bear Clan) from Six Nations began a peaceful demonstration on the Ontario Highway 6 bypass near Caledonia, blocking traffic and commuter trains along the Lakeshore West GO line later in the day on February 24.[56] Eventually, a blockade consisting of pallets and parked vehicles was set up on the highway, forcing traffic to be rerouted to a nearby bridge, and leading the OPP to place concrete barriers around the blockade for safety.[57] The blockade remained up until March 19, when the protesters agreed to leave the road and withdraw to Douglas Creek Estates "as a sign of good faith".[58][59][60][61]

McKenzie Meadows (1492 Land Back Lane)

McKenzie Meadows is a planned residential development project located south of Caledonia, on the west side of McKenzie Road and the south side of Fuller Drive, across Argyle Street from the Kanonhstaton, the former site of the proposed Douglas Creek estates.[62] The project is owned by 2036356 Ontario Inc., with Michael Corrado listed as one of the owners and Losani Homes listed as one of the developers.[63] The land involved in the development amounts to 107 acres (0.43 km2). In October and November 2013, the Six Nations Elected Council, through the community engagement website Six Nations Future, engaged in consultation with Six Nations citizens regarding the development. Benefits presented to the community during the consultation process include job prospects for community members and the raising of funds throughout the construction of residential units for the eventual construction of "Kawenn:io/Gaweni:yo Private School", a language school to be built on the reserve.[63] Ultimately, a majority of respondents to the engagement process opposed the project, and the Grand Council voted to not execute an agreement with the developer at a council meeting on December 17.[64][65]

In 2016 and 2019, the Six Nations of the Grand River had signed an agreement with Ballantry Homes, a Toronto-based residential development company, in connection with residential development along McKenzie Road. The agreement outlined an accommodation for the construction, consisting of 42.3 acres (0.171 km2) of land across from Little Buffalo along Townline Road (170 Concession 17 Road in Hagersville) being transferred to Six Nations in 2016, as well as a transfer of $352,000 to the SNEC for use in future purchases of land, transferred in 2019.[9][63]

Development of the McKenzie Meadows project continued, but on the afternoon of July 19, 2020, Six Nations community member Skylar Williams, along with a group of about 20 others, walked onto the site in order to stop the development. Once they had managed to put a stop to the construction work, the group established an encampment on the site, which was eventually dubbed 1492 Land Back Lane by the self-proclaimed "land defenders" (the number referring to 1492, the year of Christopher Columbus made landfall in the Caribbean, a commonly accepted starting point for European colonization of the Americas).[63][66]

Lonny Bomberry, Director of Six Nations Land and Resources, has said that there is no traditional land claim associated with the occupied development, since it has been under third-party ownership for at least 150 years, and while the entirety of the Haldimand Tract is subject to a land claim, that claim is not against third-party developers.[63]

On July 31, 2020, the OPP helped a court sheriff read and deliver a court injunction against the demonstrators.[66] The occupation continued, and on August 5, 2020, the OPP moved in to enforce the injunction, arresting fewer than 10 people in the process.[66] In response to this, demonstrators established a blockade on Argyle Street and on the Highway 6 bypass. The vice-president of Losani Homes indicated that the enforcement of the injunction would allow construction to continue.[66]

gollark: One often imports a type from a module and the module qualified.
gollark: 'Tis stupid.
gollark: A Foolish Consistency is the Hobgoblin of Little Minds, you know.
gollark: 80 is a ridiculous maximum.
gollark: Screens are big.

See also

Notes
  1. Filice, Michelle (June 3, 2016). "Haldimand Proclamation". The Canadian Encyclopedia. Retrieved August 12, 2020.
  2. Map of the 1784 Haldimand Tract, reclamation.kisikew.org (moved to reclamation.kisikew.org - site owner)
  3. Sutherland, Stuart R. J.; Tousignant, Pierre; Dionne-Tousignant, Madeleine (2003) [1983 (revision)]. "HALDIMAND, Sir FREDERICK". Dictionary of Canadian Biography. 5. University of Toronto/Université Laval. Retrieved August 12, 2020.CS1 maint: date and year (link)
  4. "Caledonia land claim Historical Timeline". CBC News. November 1, 2006. Archived from the original on April 7, 2019. Retrieved August 12, 2020.
  5. "Augustus Jones Determined Present Day County Boundaries". Retrieved August 12, 2020.
  6. Canadian Geographic Indigenous Peoples Atlas of Canada. The Royal Canadian Geographical Society in conjunction with National Centre for Truth and Reconciliation, Assembly of First Nations, Inuit Tapiriit Kanatami, Métis National Council, and Indspire. 2018. p. 54. ISBN 978-0-9867516-6-0.
  7. Morden, Michael (2015). “With a Vow to Defend”: Indigenous Direct Mobilization in Canada (PhD thesis). University of Toronto.
  8. Backgrounder on the Claims of the Six Nations of the Grand River Band of Indians Archived 2007-02-14 at the Wayback Machine, Indian and Northern Affairs Canada, April 2006
  9. "COMMUNITY UPDATE: Residential Developments along McKenzie Road in Caledonia" (PDF) (Press release). Six Nations of the Grand River. July 24, 2020. Retrieved August 12, 2020.
  10. Government of Ontario announcement, July 2011
  11. "As the Caledonian occupation comes to a close in court its issues linger", National Post, 2 December 2011
  12. Humphreys, Adrian (17 November 2009). "Homeowner slept gripping a shotgun". National Post. Archived from the original on 17 November 2009.
  13. Caledonian man kept watch with shotgun during native occupation, court hears Archived 2009-11-20 at Archive.today by Adrian Humphreys, National Post, November 16, 2009
  14. Humphreys, Adrian (14 November 2009). "Policies limiting OPP in native dispute, court told". National Post. Archived from the original on 14 November 2009.
  15. Branch, Government of Canada; Aboriginal Affairs and Northern Development Canada; Communications (2009-03-04). "Chronology of Events at Caledonia". www.aadnc-aandc.gc.ca.
  16. "The Grand River "Surrender" of 1841" (PDF). Archived from the original (PDF) on 2007-09-28.
  17. Caledonia blockaders open one lane for traffic, CBC News, May 16, 2006
  18. "Six Nations Solidarity". sisis.nativeweb.org.
  19. "Caledonia has hydro, backup repairs in works; State of emergency could be lifted Monday," Hamilton Spectator, 27 May 2006
  20. Caledonia barricades go back up, The Globe and Mail, May 22, 2006
  21. Natives lift blockade of Caledonia roadway, CTV News, May 22, 2006
  22. Tensions flare as Caledonia standoff continues, CBC News, May 23, 2006
  23. "Aboriginal protesters remove barricade on road into Caledonia, Ont". Archived from the original on 2006-05-25.
  24. "Caledonia land claim: Timeline". CBC. 24 May 2006. Retrieved 23 December 2015.
  25. Tempers flare between protesters and area residents in Caledonia, Ont., Canada.com, June 5, 2006
  26. Angry residents clash with OPP, Hamilton Spectator, June 10, 2006
  27. "Police hurt, swarmed in Caledonia clash". Caledonia Land Timeline. CBC News. 9 June 2006. Retrieved 23 December 2015.
  28. Natives photographed OPP moving in to help cameramen, Hamilton Spectator, June 12, 2006
  29. U.S. agents swarmed in Caledonia dispute: police, CTV News, June 11, 2006
  30. Attempted murder in Caledonia warrants, Toronto Star, June 12, 2006
  31. Limited, David Johnson, PRO-C. "Caledonia Class Action - Caledonia, Ontario, Canada". www.caledoniaclassaction.com.
  32. Ontario buys site of disputed Caledonia claim, CBC News, June 16, 2006
  33. CTV.ca | Ontario buys land at centre of Caledonia dispute Archived 2006-06-20 at the Wayback Machine
  34. Caledonia protesters, residents hurl rocks in latest confrontation Archived 2007-09-29 at the Wayback Machine
  35. Judge tells Ontario to end Caledonia dispute talks, CBC, 8 August 2008
  36. "Court date set for Ontario to fight Caledonia ruling".
  37. "Protesters can stay in Caledonia: appeal court". CBC.
  38. "Tense rally in Caledonia ends peacefully" Archived 2006-11-03 at the Wayback Machine, CTV.ca, 14 October 2006
  39. "Controversial Figure Arrested At Caledonia Occupation Site". City News. 16 December 2006. Retrieved 23 December 2015.
  40. "Feds say Six Nations land claim is invalid". 27 January 2007.
  41. "OPP threatening to stop policing Caledonia: mayor". 12 April 2007.
  42. "Native protesters delay Brantford development". September 4, 2007. Archived from the original on 2009-10-25.
  43. Builder, 52, hurt in Caledonia home clash, Toronto Star, Sep 14, 2007
  44. "Police work during protest applauded". The Whig Standard. Archived from the original on 13 February 2012.
  45. "Natives end highway blockade - The Star".
  46. "canada.com | Article". Archived from the original on 2009-06-25. Retrieved 2009-06-21.
  47. "Minister calls Caledonia militia a 'dumb idea'". CTV News Toronto. The Canadian Press. 17 June 2009. Retrieved 23 December 2015.
  48. Province eyes giving DCE to Six Nations, mayor says Hamilton Spectator, 22 February 2010
  49. Blatchford, Christie (11 July 2011). "Deal tries to hush up disgrace of Caledonia". National Post. Archived from the original on 2011-07-14. Retrieved 17 July 2011.
  50. "County votes to remove barriers at native blockade site in Caledonia". 25 June 2014.
  51. Carter, Adam (November 25, 2016). "Sole house to survive Caledonia land dispute in Douglas Creek Estates burns". Canadian Broadcasting Corporation. Hamilton, Ontario. Retrieved 7 April 2019.
  52. McQuigge, Michelle (September 13, 2018). "Lawyer who oversaw Caledonia class action charged with fraud: police". Toronto Star. The Canadian Press. Retrieved 7 April 2019.
  53. Kelly McParland, "Politics must never trump the law" Archived 2009-11-26 at Archive.today, National Post, 18 November 2009.
  54. Native crates may have held AK-47s: Caledonia man's testimony by Adrian Humphreys, National Post, November 17, 2009.
  55. Crown tries to cast doubt on Caledonia man's story by Adrian Humphreys, National Post, November 18, 2009.
  56. Hristova, Bobby (February 24, 2020). "Indigenous solidarity protests block Highway 6 in Caledonia, delay Hamilton GO trains". cbc.ca. CBC News. Retrieved August 12, 2020.
  57. Taekema, Dan (March 10, 2020). "'Tear down this blockade': MPP calls for Caledonia roadblock to be removed". CBC News. Retrieved August 12, 2020.
  58. "OPP says Highway 6 By-pass to re-open after inspection". Turtle Island News. March 19, 2020. Retrieved August 12, 2020.
  59. Mitchell, Don (March 19, 2020). "Wet'suwet'en solidarity blockade on Highway 6 near Caledonia, Ont. to come down Friday: OPP". Global News. Retrieved March 21, 2020.
  60. Scott Thompson (March 20, 2020). "Ken Hewitt, Mayor of Haldimand County, on the Highway 6 blockade coming down". The Scott Thompson Show (Podcast). Global News Radio. Event occurs at 01:16. Retrieved March 21, 2020.
  61. Clarke, Katrina (March 20, 2020). "Demonstrators clear out after month-long Highway 6 bypass blockade". The Hamilton Spectator. Retrieved March 21, 2020.
  62. "McKenzie Meadows Development". Six Nations Future. Retrieved August 12, 2020.
  63. Duric, Donna (July 22, 2020). "Six Nations people shut down Caledonia construction" (PDF). The Turtle Island News. Retrieved August 12, 2020.
  64. Hill, Jody MM (December 20, 2013). McKenzie Meadows Community Consultation Report - 2013 (PDF) (Report). Retrieved August 12, 2020.
  65. "GENERAL COUNCIL MINUTES DECEMBER 17, 2013 6:00 PM" (PDF). Six Nations Council. December 17, 2013.
  66. Taekema, Dan (August 5, 2020). "Road blockades up at Caledonia after OPP arrest demonstrators at residential development". CBC News. Retrieved August 12, 2020.

References
  • Blatchford, Christie, Helpless: Caledonia's Nightmare of Fear and Anarchy, and How the Law Failed All of Us, 2010, ISBN 978-0-385-67039-5
  • Graymont, Barbara, The Iroquois in the American Revolution, 1972, ISBN 978-0-8156-0083-1
  • Taylor, Alan, The Divided Ground, 2006, ISBN 978-0-679-45471-7
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