Caledonia land dispute
Encyclopedia
Six Nations 40, Ontario
Six Nations is the largest First Nation in Canada with a total of 23,902 band members. 11,865 are reported living in the territory. It is the only territory in North America that has the six Iroquois nations living together. These nations are the Mohawk, Cayuga, Onondaga, Oneida, Seneca and...
began a demonstration to raise awareness about First Nation
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...
land claims
Land claims
Land claims are a legal declaration of desired control over areas of property including bodies of water. The phrase is usually only used with respect to disputed or unresolved land claims...
in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. They highlighted their claim to a parcel of land in Caledonia, Ontario
Caledonia, Ontario
Caledonia is a small riverside community and former town located on the Grand River in Haldimand County, Ontario, Canada. Haldimand County is in the western part of the Niagara Peninsula, and had a population of 43,280 in 2001. The current mayor of Haldimand County is Ken Hewitt; Caledonia is...
, a community within the single-tier municipality of Haldimand County
Haldimand County, Ontario
Haldimand is a rural city-status single-tier municipality on the Niagara Peninsula in Southern Ontario, Canada, on the north shore of Lake Erie, and on the Grand River. Municipal offices are located in Cayuga....
, roughly 20 kilometres southwest of Hamilton
Hamilton, Ontario
Hamilton is a port city in the Canadian province of Ontario. Conceived by George Hamilton when he purchased the Durand farm shortly after the War of 1812, Hamilton has become the centre of a densely populated and industrialized region at the west end of Lake Ontario known as the Golden Horseshoe...
. Soon after this demonstration, the demonstrators assumed control of the disputed land.
The land at the centre of the dispute in Caledonia covers 40 hectare
Hectare
The hectare is a metric unit of area defined as 10,000 square metres , and primarily used in the measurement of land. In 1795, when the metric system was introduced, the are was defined as being 100 square metres and the hectare was thus 100 ares or 1/100 km2...
s, which Henco Industries Ltd. planned to develop as a residential subdivision
Subdivision (land)
Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known in the United States as a subdivision...
to be known as the Douglas Creek Estates. It is part of the 385,000-hectare plot of land originally known as the "Haldimand Tract"
Haldimand Proclamation
The Haldimand Proclamation was a decree that granted land to the Iroquois who had served on the British side during the American Revolution. The decree was issued by the Governor of the Province of Quebec, Frederick Haldimand, on October 25, 1784....
, which was granted, in 1784, by the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
to the Six Nations of the Grand River, for their use in settlement. Henco argues that the Six Nations surrendered their rights to the land in 1841, and Henco later purchased it from the Crown. The Six Nations, however, maintain that their title to the land was never relinquished.
OPP crisis management
The Ontario Provincial PoliceOntario Provincial Police
The Ontario Provincial Police is the Provincial Police service for the province of Ontario, Canada.-Overview:The OPP is the the largest deployed police force in Ontario, and the second largest in Canada. The service is responsible for providing policing services throughout the province in areas...
(OPP) have 24-hour surveillance
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
teams operating near the claim site. Media, agitator
Agitator
An agitator is a person who actively supports some ideology or movement with speeches and especially actions. The Agitators were a political movement as well as elected representatives of soldiers, including the New Model Army of Oliver Cromwell, during the English Civil War. They were also known...
s, supporters and others who attend the area may be subject to video and audio monitoring by members of the Provincial Emergency Response Team or OPP Negotiations Unit.
1784-2005
Source: CBC - Caledonia Land Claim Historical Timeline1775 Iroquois Confederation, consisting of Mohawk, Onondaga, Cayuga, Seneca, Oneida and Tuscarora, declare neutrality in war between the British Empire and its North American colonists. However, individual member governments are free to make individual alliances.
July 4, 1776 Second Continental Congress adopts Declaration of Independence. Beginning of American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
.
1778 Mohawk, Onondaga, Cayuga and Seneca nations enter alliance with British Empire, in exchange for a guarantee of sovereign territory. They appoint Chief Joseph Brant as their War Chief. Oneida and Tuscarora nations negotiate a similar arrangement with rebel colonies.
1783 Britain enters into Treaty of Paris
Treaty of Paris (1783)
The Treaty of Paris, signed on September 3, 1783, ended the American Revolutionary War between Great Britain on the one hand and the United States of America and its allies on the other. The other combatant nations, France, Spain and the Dutch Republic had separate agreements; for details of...
with United States of America. Neither Mohawk, Onondaga, Cayuga or Seneca are parties to this treaty. However, Great Britain unilaterally cedes these nations' territory south of the Great Lakes to the United States.
May 22, 1784: Frederick Haldimand
Frederick Haldimand
Sir Frederick Haldimand, KB was a military officer best known for his service in the British Army in North America during the Seven Years' War and the American Revolutionary War...
purchases land along the Grand River from nation of Mississaugas
Mississaugas
The Mississaugas are a subtribe of the Anishinaabe-speaking First Nations people located in southern Ontario, Canada. They are closely related to the Ojibwa...
.
October 25, 1784: In return for military support provided by member states of the Six Nations during the American Revolution, the Crown provides these nations with territory to replace that ceded south of the Great Lakes. The nations' new, shared, territory extends 6 miles (9.7 km) from either side of the Grand River
Grand River (Ontario)
The Grand River is a large river in southwestern Ontario, Canada. From its source, it flows south through Grand Valley, Fergus, Elora, Waterloo, Kitchener, Cambridge, Paris, Brantford, Caledonia, and Cayuga before emptying into the north shore of Lake Erie south of Dunnville at Port Maitland...
, from its source to its termination at Lake Erie
Lake Erie
Lake Erie is the fourth largest lake of the five Great Lakes in North America, and the tenth largest globally. It is the southernmost, shallowest, and smallest by volume of the Great Lakes and therefore also has the shortest average water residence time. It is bounded on the north by the...
. (It was similar in size and configuration to Gambia.) On October 25, 1784, Frederick Haldimand
Frederick Haldimand
Sir Frederick Haldimand, KB was a military officer best known for his service in the British Army in North America during the Seven Years' War and the American Revolutionary War...
wrote in his Haldimand Proclamation
Haldimand Proclamation
The Haldimand Proclamation was a decree that granted land to the Iroquois who had served on the British side during the American Revolution. The decree was issued by the Governor of the Province of Quebec, Frederick Haldimand, on October 25, 1784....
:
I have, at the earnest Desire of many of these His Majesty's faithful Allies purchased a Tract of Land, from the Indians situated between the Lakes Ontario, Erie, & Huron and I do hereby in His Majesty's name authorize and permit the said Mohawk Nation, and such other of the Six Nation Indians as wish to settle in that Quarter to take Possession of, & Settle upon the Banks of the River commonly called Ours [Ouse] or Grand River, running into Lake Erie, allotting to them for that Purpose Six Miles deep from each Side of the River beginning at Lake Erie, & extending in that Proportion to the Head of the said River, which them & their Posterity are to enjoy for ever.
January 14, 1793: Lt.-Governor Simcoe confirms the grant with a limited deed.
1795: The Six Nations granted its chief, Joseph Brant
Joseph Brant
Thayendanegea or Joseph Brant was a Mohawk military and political leader, based in present-day New York, who was closely associated with Great Britain during and after the American Revolution. He was perhaps the most well-known American Indian of his generation...
, the power of attorney
Power of attorney
A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
to sell off some of the land and invest the proceeds to provide annuity for tribal members, who were struggling to survive in new settlements. The Crown initially opposed the sales but eventually conceded.
1795 to 1797 Joseph Brant
Joseph Brant
Thayendanegea or Joseph Brant was a Mohawk military and political leader, based in present-day New York, who was closely associated with Great Britain during and after the American Revolution. He was perhaps the most well-known American Indian of his generation...
sold 381480 acres (1,543.8 km²) to land speculators comprising the northern half of the reserve for £85,332. Simcoe opposed this sale. The interest on the annuity promised an income of £5,119 per year, far more than any other Iroquois people had received. The land speculators were unable to sell farm size lots to settlers fast enough and, by 1801, all of the land speculators had fallen behind in their payments.
1825: The Crown approached the Six Nations about developing Plank Road (now Highway 6
Highway 6 (Ontario)
King's Highway 6, also known as Highway 6, is a provincially maintained highway in the Canadian province of Ontario. It crosses a distance of between Port Dover on the north shore of Lake Erie and Espanola on the northern shore of Lake Huron, ending at the Trans-Canada Highway in McKerrow.- Port...
) and the surrounding area. The Six Nations agreed to lease half a mile of land on each side for the road, but did not surrender the land. Lt.-Gov. John Colborne agreed to the lease but his successor, Sir Francis Bond Head
Francis Bond Head
Sir Francis Bond Head, 1st Baronet KCH PC , known as "Galloping Head", was Lieutenant-Governor of Upper Canada during the rebellion of 1837.-Biography:...
, did not. After 1845, despite the protests of the Six Nations, the government sold Plank Road and surrounding lands to third parties.
1840: The government recommended that a reserve of 8,000 hectares be established on the south side of the Grand River and the rest sold or leased.
1841: On January 18, according to the Crown, the Six Nations council agreed to surrender for sale all the lands outside those set aside for a reserve, on the agreement the government would sell the land and invest the money for them. On February 4, and again on July 7, then again two years later in 1843, the Six Nations petitioned against the surrender, saying they agreed only to lease the land.
1843: A petition to the Crown said Six Nations needed a 22,000-hectare reserve and wanted to keep and lease a tier of lots on each side of Plank Road (Highway 6) and several other tracts of land in the Haldimand area. In 1850 the Crown passed a proclamation setting the extent of reserve lands to about 19,000 hectares, which was agreed to by the Six Nations chiefs.
1844: A surrender is signed by 47 Six Nations chiefs that authorized the sale of land to build Plank Road.
1848: The land comprising the current development was sold to George Marlot Ryckman for 57 pounds and 10 shillings; a Crown deed was then issued to him.
1924: Under the Indian Act, the Canadian government established an elected government on the reserve.
1931: Statute of Westminster put into effect; Government 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
Monarchy in Canada
The monarchy of Canada is the core of both Canada's federalism and its Westminster-style parliamentary democracy, being the foundation of the executive, legislative, and judicial branches of the Canadian government and each provincial government...
.
1992: Henco Industries Ltd. purchased 40 hectares of land for what it would later call the Douglas Creek Estates lands.
1995: Six Nations sued the federal and provincial governments over the land. The developer called it "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."
2005: The subdivision plan for Douglas Creek Estates was registered with title to the property guaranteed by the province of Ontario.
2006
February 28: The immediate conflict started when a group of members from the nearby Six Nations reserveSix Nations 40, Ontario
Six Nations is the largest First Nation in Canada with a total of 23,902 band members. 11,865 are reported living in the territory. It is the only territory in North America that has the six Iroquois nations living together. These nations are the Mohawk, Cayuga, Onondaga, Oneida, Seneca and...
erected tents, a tipi
Tipi
A tipi is a Lakota name for a conical tent traditionally made of animal skins and wooden poles used by the nomadic tribes and sedentary tribal dwellers of the Great Plains...
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
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
on March 3 ordering the protesters off the land. The Sheriff tried to deliver Justice Matheson's order to the protestors late Sunday evening, March 5. They would not accept delivery. One of the protestors respondents Dawn Smith, burned the order. The burning was broadcast on local television. The next day the protestors 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 protestors 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: The Ontario Provincial Police
Ontario Provincial Police
The Ontario Provincial Police is the Provincial Police service for the province of Ontario, Canada.-Overview:The OPP is the the largest deployed police force in Ontario, and the second largest in Canada. The service is responsible for providing policing services throughout the province in areas...
(OPP), more than three weeks after the motions judge’s second contempt order, the OPP went to Douglas Creek Estates and arrested twenty-one persons under the warrant of arrest. Later that day, several hundred natives from a nearby 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 protect his men if they attempted to put out the fires against native orders. Several boxes of documents from the land developer's office inside a model home, were stolen and tossed into a bonfire.
A short time later, a hydro substation was destroyed when a truck crashed through its gates and was set on fire, causing a blackout and $1 million in damages.
April 24: Caledonia residents hold a rally
Demonstration (people)
A demonstration or street protest is action by a mass group or collection of groups of people in favor of a political or other cause; it normally consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, to hear speakers.Actions such as...
demanding an end to the occupation.
April 25: Mayor Marie Trainer
Marie Trainer
Marie Trainer, born circa 1946 , is the outgoing mayor of Haldimand County, Ontario, Canada after having been defeated on October, 25th 2010 by Mayor Elect Ken Hewitt. Hewitt finished with 6,984 votes, Trainer 5,748 and third place finisher Buck Sloat with 2,929 in unofficial final results...
gave an interview to the CBC
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
, where she commented 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 are all recipients of provincial welfare. The Mayor said she did not intend that. The municipal council acted quickly to distance itself from her comments.
April 30: The provincial government appointed former premier David Peterson
David Peterson
David Robert Peterson, PC, O.Ont was the 20th Premier of the Province of Ontario, Canada, from June 26, 1985 to October 1, 1990. He was the first Liberal premier of Ontario in 42 years....
to help negotiate a settlement in the conflict.
May 10: Edward McCarthy of McCarthy & Fowler Barristers and Solicitors called upon the OPP, the Premier of Ontario
Premier of Ontario
The Premier of Ontario is the first Minister of the Crown for the Canadian province of Ontario. The Premier is appointed as the province's head of government by the Lieutenant Governor of Ontario, and presides over the Executive council, or Cabinet. The Executive Council Act The Premier of Ontario...
, the council of Haldimand County, and the Indian Affairs
Indian and Northern Affairs Canada
The Department of Aboriginal Affairs and Northern Development is the department of the government of Canada with responsibility for policies relating to Aboriginal peoples...
Minister
Minister of Indian Affairs and Northern Development (Canada)
The Minister of Aboriginal Affairs and Northern Development is the Minister of the Crown in the Canadian Cabinet who heads two different departments...
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 indicating 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 then signed by 37 Chiefs. The Six Nations representatives claim this was fraudulent and repudiated by the Confederacy Council.
McCarthy called upon the OPP to "please discharge your duty under Section 42 of The Police Services Act and the provisions of your Agreement with Haldimand County which requires you to provide adequate and effective police services in accordance with the needs of the municipality which you are not, and have not, been doing. Specifically, you are not enforcing or discharging your duties to prevent crimes and other offenses. You are not enforcing the provisions of The Trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
to Property Act and The Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
and, in particular, you are not enforcing a valid court order of the Superior Court of Justice."
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 ActEmergencies ActThe Emergencies Act is an Act of the Parliament of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof....
(the old War Measures ActWar Measures ActThe War Measures Act was a Canadian statute that allowed the government to assume sweeping emergency powers in the event of "war, invasion or insurrection, real or apprehended"...
), if necessary, in order to get the army to assist the police."
To date no official response from any level of government has been received. (Source: Brantford Expositor
Brantford Expositor
The Brantford Expositor is an English language newspaper based in Brantford, Ontario and owned by Osprey Media Group Inc. a subsidiary of Sun Media...
)
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, Argyle St. was closed again, though the protesters had agreed to let emergency vehicles through.
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. Jason Clark, a member of the Alliance, told the press that "Enough is enough. People are now getting hurt and those barricades need to come down. Nothing else is acceptable at this point.” (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.
Later in the morning, the members of the two sides traded shoves, punches and insults before OPP were able to separate the two sides.
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 through-out the day, resulting in injuries to natives, residents and police.
Also, at some point during the afternoon, a fire at a nearby Hydro One
Hydro One
Hydro One Incorporated delivers electricity across the Canadian province of Ontario. It is a Corporation established under the Business Corporations Act with a single shareholder, the Government of Ontario....
substation caused a power blackout throughout Haldimand and in parts of Norfolk. The fire started when vandals 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.
- “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, “Justice and reason are on our side.”
A state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
was declared late in the evening due to the escalation of violence and the power-outage.
In Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, Cree
Cree
The Cree are one of the largest groups of First Nations / Native Americans in North America, with 200,000 members living in Canada. In Canada, the major proportion of Cree live north and west of Lake Superior, in Ontario, Manitoba, Saskatchewan, Alberta and the Northwest Territories, although...
protesters blockaded the Yellowhead Highway
Yellowhead Highway
The Yellowhead Highway is a major east-west highway connecting the four western Canadian provinces of British Columbia, Alberta, Saskatchewan, and Manitoba. Although part of the Trans-Canada Highway system, the highway should not be confused with the more southerly, originally-designated...
near North Battleford in solidarity with the Six Nations
Iroquois
The Iroquois , also known as the Haudenosaunee or the "People of the Longhouse", are an association of several tribes of indigenous people of North America...
protesters in Caledonia. Following negotiations with the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
, the roadblock was removed after about two hours.
May 23: By 2pm EDT, the barricade across Argyle St. was again 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.
May 24: After Hydro One
Hydro One
Hydro One Incorporated delivers electricity across the Canadian province of Ontario. It is a Corporation established under the Business Corporations Act with a single shareholder, the Government of Ontario....
crews worked throughout the night, power was restored to Caledonia during the morning hours.
June 5: Six Nations
Iroquois
The Iroquois , also known as the Haudenosaunee or the "People of the Longhouse", are an association of several tribes of indigenous people of North America...
protesters and Caledonia residents clashed on the town's main street after a police cruiser drove through an area protesters considered "restricted".
June 9: It was reported that two elderly citizens were followed and surrounded in their car in a parking lot away from the occupation site. Native protesters then jumped onto the vehicle and threatened to kill them. Once again, it was alleged that the police did not intervene. Following the altercation in the parking lot, more than 300 Caledonia residents gathered at the Canadian Tire lot before moving to a nearby school yard adjacent to the construction site, where some clashed with OPP officers in full riot gear.
Two CH News
CHCH-TV
CHCH-DT, channel 11, is a television station originating in Hamilton, Ontario, Canada, with transmitters located throughout Ontario. CHCH currently operates as an independent station, having previously served as a CBC Television affiliate, and more recently as the flagship station of the...
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. Witness claim that protesters walked past police officers and that a reporter was grabbed, put in a headlock and punched in the head, and the video tape stolen. The reporter was later hospitalized with a head injury. Caledonia residents say the OPP did not assist the camera operators, substantiated by the camera operators themselves, and shaky amateur video footage. Although the Hamilton Spectator reported that Lynda Powless, publisher of the Turtle Island News
Turtle Island News
Turtle Island News is a weekly community newspaper, published in Ohsweken, Ontario, Canada. It is North America's leading native weekly newspaper, the recipient of numerous awards from the international Native American Journalists Association for being number one in its field. The Turtle Island...
has produced photos which show OPP officers intervening.
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 of the moving car he was injured. The car was then driven directly at him and he was narrowly pulled to safety by onlookers. Protesters seized sensitive OPP documents from the vehicle, which included identities of undercover officers and information 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 handed back. The vehicle was returned.
Arrest warrants have been issued for Albert Douglas, 30, Skylar Williams, 22, Arnold Douglas, 61, and Ken Hill, 47, all of Ohsweken
Ohsweken, Ontario
Ohsweken, , is a village on the Six Nations of the Grand River First Nation Indian reserve near Brantford, Ontario, Canada. Approximately 300 of the 2,700 homes on the reserve are in Ohsweken, and it is the site of the reserve governmental and administrative offices...
, Audra Ann Taillefer, 45, of Victoria, B.C., and Trevor Miller, 30, who 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.
Malfeasance
The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute.-Definition and relevant rules of law:...
for the failure of the provincial government and the OPP to properly protect citizens who lived near Douglas Creek Estates
Ontario Premier Dalton McGuinty calls 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 respond by removing one of the blockades, and negotiations resume 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. The fate of the land, now in provincial hands, is currently unclear.
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.
June 20: Native protesters start an unofficial archeological dig on the Douglas Creek Estates. This prompts some residents to erroneously claim that the protesters are tapping into Caledonia's water supply, a supply that comes from Hamilton, a city in the other direction.
Rumours spread that the natives are building bunkers, digging trenches and discharging firearms. Natives explain that the bunkers are no more than a house they have occupied being renovated, that the trenches are part of the archaeological dig, and that the gunshots are merely fireworks.
July 11: Native protesters remove the concrete blocks and the hydro tower which have been blocking the main entrance into the disputed area. They say they have nothing to hide.
According to the Canadian Press, Harwood stated that the "altercation was sparked by minor incidents on Sunday, beginning when Six Nations children cut the middle out of a Canada flag."
"They were taunting at the Caledonia residents, then the Caledonia residents put up some signs," said Harwood." Mayor Marie Trainer stated that the residents' anger had started earlier, when the natives had been throwing rocks at the home of an 89-year old resident.
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.
August 11: The Government of Ontario announces that it is appealing Superior Court Justice David Marshall's ruling to break off negotiations to the Court of Appeal for Ontario. The Government will first 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 decide whether or not to grant a stay.
August 14: Natives set up an information booth on government property in Brantford, Ontario. The government stated that they weren't using the land anyway. They do not want this situation to escalate into one like in Caledonia, so they have no intentions of asking the natives to leave.
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." Furthermore they stated "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."
September 22: Gary McHale
Gary McHale
Gary McHale is a Canadian political activist, famous for his involvement in the Caledonia land dispute. McHale also created "Canadian Advocates for Charter Equality ."-Personal Life:...
from Richmond Hill
Richmond Hill, Ontario
Richmond Hill is a town located in Southern Ontario, Canada in the central portion of York Region, Ontario. It is part of the Greater Toronto Area, being located about halfway between Toronto and Lake Simcoe...
, Ontario and his wife organized a rally on the Caledonia Wake Up Call website, due to take place on October 15 at the occupation site. McHale was quoted saying "It's not an army base. It's just standard government land and we can walk on government land." At the same time, Hazel Hill, spokesperson for the Native protesters, organized a "defence" group of the people of Six Nations.
December 16: OPP arrested Gary McHale for breach of the peace.
2007
January 16: Native protesters find in their unofficial archaeological dig, what they claim to be a native burial ground, and pieces of what used to be a Long HouseNative American long house
Longhouses were built by native peoples in various parts of North America, sometimes reaching over but generally around wide. The dominant theory is that walls were made of sharpened and fire-hardened poles driven into the ground and the roof consisted of leaves and grass...
.
January 27: Federal negotiator Barbara McDougall says land claims will not hold up in court.
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
The Hamilton Spectator
The Hamilton Spectator, founded in 1846, is a newspaper published every day but Sunday in Hamilton, Ontario, Canada. The paper has a daily circulation of 105,000 and a daily readership of nearly 260,000.-History:...
that the OPP will neither confirm nor deny the authenticity of the e-Mail because it is correspondence meant for a particular person.
September 4: A development site within six miles of the Grand River in Brantford, Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, was blocked off by pro-Six Nations protestors.
September 13: A local construction worker suffered serious head injuries after a confrontation with occupiers at the 90-home Stirling Woods development. A small group of natives had occupied the property that morning. The occupation was about to end when the clash occurred.
2008
April 25: Six Nations protesters blocked off the Highway 6 bypass and a Canadian National RailwayCanadian National Railway
The Canadian National Railway Company is a Canadian Class I railway headquartered in Montreal, Quebec. CN's slogan is "North America's Railroad"....
to show support for four Mohawks who were arrested during a protest at Tyendinaga on April 24, 2008, which had been going on since March 2007. Shawn Brant
Shawn Brant
Shawn Brant is a Native activist who lives on the Tyendinaga Mohawk Territory, Ontario, Canada.In the 1990s, Brant participated in protests at Oka and Ipperwash. In November 2006, the Mohawk community of Tyendinaga reclaimed a gravel quarry that was licensed to remove over 100,000 tonnes of gravel...
was one of the Mohawks arrested, and was charged with assault with a weapon, breach of bail conditions, possession of weapons and possession of marijuana.
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 also 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.June 18: Community Safety Minister Rick Bartolucci
Rick Bartolucci
Rick Bartolucci is a politician in Ontario, Canada. He has represented Sudbury in the Legislative Assembly of Ontario since 1995, and is a cabinet minister in the government of Dalton McGuinty...
says the militia is a "dumb idea."
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.2011
July 8: Attorney General Chris Bentley announces a settlement of $20 million to victims of the dispute. It ends a class-action lawsuit, filed by 440 residents, 400 businesses and a handful of sub-contractors, which claimed negligence and malfeasanceMalfeasance
The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations existing by common law, custom or statute.-Definition and relevant rules of law:...
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.
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, stated in court testimony 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 dollars in a civil lawsuit against the OPP on the basis that the police did nothing to protect him and his family during the occupation.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." 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."
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 confronted by shouted death threats from the protesters. The fire chief told the OPP he did not believe they would protect him or his men if they went against the natives' wishes. In addition, a electrical substation was then destroyed, causing more than $1 million in damage and a blackout, when a truck crashed through its gates and was left ablaze. Once again, Haggith stated 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.
See also
- First Nations in OntarioFirst Nations in OntarioFirst Nations in Ontario constitute many nations. Common First Nations ethnicities in the province include the Anishinaabe, Haudenosaunee, and the Cree.-First Nations in Ontario:* Aamjiwnaang First Nation* Alderville First Nation...
- IroquoisIroquoisThe Iroquois , also known as the Haudenosaunee or the "People of the Longhouse", are an association of several tribes of indigenous people of North America...
- List of First Nations peoples
- Assembly of First NationsAssembly of First NationsThe Assembly of First Nations , formerly known as the National Indian Brotherhood, is a body of First Nations leaders in Canada...
- Indian RegisterIndian RegisterThe Indian Register is the official record of Status Indians or Registered Indians in Canada. Status Indians have rights and benefits that are not granted to unregistered Indians, Inuit, or Métis, the chief benefits of which include the granting of reserves and of rights associated with them, an...
- Indian ActIndian ActThe Indian Act , R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves...
- Oka CrisisOka CrisisThe Oka Crisis was a land dispute between a group of Mohawk people and the town of Oka, Quebec, Canada which began on July 11, 1990 and lasted until September 26, 1990. At least one person died as a result...
- Ipperwash CrisisIpperwash CrisisThe Ipperwash Crisis was an Indigenous land dispute that took place in Ipperwash Provincial Park, Ontario in 1995. Several members of the Stoney Point Ojibway band occupied the park in order to assert their claim to nearby land which had been expropriated from them during World War II...
- Burnt Church CrisisBurnt Church CrisisThe Burnt Church Crisis was a conflict in Canada between the Mi'kmaq people of the Burnt Church First Nation and non-Aboriginal New Brunswick fisheries, from 1999 to 2001. Natives and non-Natives of the area prior to this crisis had a long history of living peacefully together and helping each other...
- Gustafsen Lake StandoffGustafsen Lake StandoffThe Gustafsen Lake Standoff was an indigenous land dispute involving members of the Secwepemc nation and members of other indigenous groups in British Columbia, Canada which began on June 15, 1995, and lasted until September 17, 1995.-The Standoff begins:...
- Six Nations 40, OntarioSix Nations 40, OntarioSix Nations is the largest First Nation in Canada with a total of 23,902 band members. 11,865 are reported living in the territory. It is the only territory in North America that has the six Iroquois nations living together. These nations are the Mohawk, Cayuga, Onondaga, Oneida, Seneca and...