Friday 22 November 2013

A Roll Call of the Con Artists, Rabble Rousing Activists, Extortionists, etc. Working at Six Nations

This will be the shortest post of the over 40 hammered out in the last three weeks (obviously I must think I have a lot to say).

The reason for being so parsimonious here is that someone has completely upstaged me, and has given an amazingly insightful look into the cast of characters that plague Six Nations - including one, Kevin Annett, who has somehow convinced people that he found a virtual ossuary of human bones at a residential school (apparently the author is referring to the Mohawk Institute).  I had not heard his name mentioned before, although I have blogged about the search for skeletal remains at the Mohawk Institute, said "investigation" being based only on hearsay and stories.  Anyway, this was a way out there con - and people fell for it.  The article is a very sad tale of people ripping off members of Six Nations; and members of Six Nations ripping off others.  All very sordid, but very compelling since everything that the author says rings true.  A lot of now familiar names, and / or groups factor into the "big picture".  And all this at home, or in our back yard.  The author titles his article, "The Mess at the Six Nations:  Unions, Anarchists, Marxists & Con Artists .......... "

The cast:

1)  Kevin Annett (apparently non-Native) - alleged con artist who conned Six Nations out of funds

2)  Occupy Toronto

3)  Canadian Auto Workers (CAW)

4)  Canadian Union of Public Employees (CUPE)

5)  Haudenosaunee Development Institute (HDI)

6)  Aaron Detlor (unknown whether Native or not) - Lawyer, and legal adviser for HDI

7)  Jason Bowman (non-Native) - alleged to be either a con artist or insane, provides legal advice to the Mohawk Workers

8)  Toronto Media Co-op (TMC) - a "radical anarchist publication" with alleged links to CAW and HDI

9)  Alex Hundert (non-Native as are all those noted below) - Jailed Anarchist involved in the G20 riots

10)  Judy Rebick - Ryerson University, Political Sciences - alleged involvement with Kevin Annett

11)  Winnie Ng - Ryerson University, Political Sciences - alleged involvement with Kevin Annett

12)  Steve Watson - CAW, alleged association with Black Bloc and other anarchists

13)  Tom Keefer - CUPE, alleged radical anarchist

14)  Others - the connections involved a nexus of elements tied through their Marxist philosophy, and willing to use violence and other anti-social tactics to attempt to get their point across

Please read the following to see the interconnected parts - please click here.

DeYo.

A Historical Review of the Role of Clans at Six Nations to 2013

I will kick off a discussion of this subject by some historical details, and end with a quote from something Hazel Hill said within a couple of days prior to this posting.  In effect she said that the proper channel for anyone at Six Nations to obtain information about the deals being made by the Haudenosaunee Development Institute (HDI) and its overseer the Haudenosaunee Confederacy Chiefs Council (HCCC), is to request it of their Hereditary Chief and Clan Mother.  To say that this is unrealistic, would be a significant understatement.  Here follows the reasons why.

First it is important to note that the Six Nations Community is divided in their support for the Elected Council (SNEC) and the Haudenosaunee Confederacy Chiefs Council (HCCC).  The latter has no legal standing with the Federal Government of Canada, but its presence is part of the history (and resilience) of the Six Nations people.  The Hereditary Chiefs, due to a flood of petitions from dissatisfied Six Nations members as well as the local Indian Department representatives, lost their role as the official representatives of the Six Nations in 1924.  In this year the Government sent the RCMP to lock the Longhouse and instead install an elected council.  The move has remained a bitter pill and a thorn to this day.  1924 can be a rallying cry for some, who attribute many of their woes to the "arbitrary" and "colonialist" decision by the Canadian Government.  However, although the Elected Council has remained to this day the official governing body at Six Nations, there is a very determined group that believes that the Hereditary Council, structured on the basis of clan membership, is the only legitimate body.  The reason for this belief, extending to today, is that the Great Law (Kayenashagowa), with roots tracing as far back as perhaps the 12th Century, has ordained that this is the legitimate form of governance for Haudenosaunee people.

In traditional Six Nations society, you were a member of your mother's clan.  So if she was Wolf, her mother was a Wolf, and you were Wolf as were all your siblings and kin in the female line.  This lineage is precisely what is seen in genetics with the inheritance of mitochondrial DNA - which comes from the mother's mother's mother etc. back in time.  However, you were also a member of a particular Ohwashira or family lineage, each with a hereditary chief and clan mother.  In the early days, all would live in one longhouse with the males residing with the wife's kin. 

In for example the Oneidas, there were three families for each clan so a total of 9 chiefs that would attend Council at Onondaga (the "firekeepers").  Since, due to for example wars and disease, some families went extinct, their role would be adopted by another supposedly within the same clan - although that "rule" went out the door a long time ago.  The system, with the comings and goings between families in Canada and the U.S.A., or even within Canada (for example the large number of Bay of Quinte Mohawks who emigrated to Six Nations in the 1830s), ensured that eventually it all broke down and only small parts remained intact.

Realistically the whole system changed with the American Revolution when the "Council fire at Onondaga was extinguished".  Although represented at Six Nations in Canada today, in fact most of the Oneida and Tuscarora supported the Rebel (Patriot) side and remained in the U.S.A. until recent times.  In 1785, there was a very diverse group of people who settled on the Haldimand Tract, and this included many Annishenabe people including a large contingent of Delaware.  They did not fit easily into the system with the supposed 50 Chiefs who represented the Six Nations (however many of these chiefships remained and remain to this day in the U.S.A.) - so there were never 50 chiefs at Six Nations - the numbers varied significantly over time.  Both Marion Chadwick and Seth Newhouse (noted elsewhere) attempted to collect the names of all the chiefs at Six Nations.  The former found many to be vacant, "extinct", or held by a family in the U.S.A.  The latter did attempt to locate all the names associated with each clan and family at Six Nations, and was quite successful - but acknowledged that the system had broken down and what he was writing was basically a history of times gone by (see Fenton, 1949, p. 150).  By then, people (especially the Christian element) had largely lost a knowledge of their clan, and might affiliate with one clan but on the basis of pragmatic reasons.  During the 19th Century there was a lot of turmoil at Six Nations and the family structures became quite chaotic (as seen in the various census records of for example Tuscarora Township from 1851 to 1901).  Broken homes, informal adoptions, illegitimacy and so on were common (see Shimony noted elsewhere) but the matrilineal aspect of Six Nations society tended to keep the society functioning, but the clan system among a large part of the Reserve was defunct by 1890 or so.  The Canadian Government exacerbated the problem in 1869 by changing the definition of who was and who was not a status Indian such that the focus became a definition of tribe or band based on paternal inheritance (following the surname).  Hence by the time of Goldenweiser's important work on kinship at Six Nations in 1914, knowledge of the traditional kinship units was blurry at best (Weaver, 1978, p. 527).

According to Shimony, as a result of all of the above changes and factors, it became impossible to retain the old organisation under present pressure.  Thus what we see today is not a direct link to the revered and idealised past.  At the time when Shimony made her well respected study of conservatism at Six Nations (in the 1950s), it was not uncommon for families to claim the right to appoint a chief, and would, often make false claims of lineage affiliation, with the result that controversies have been in progress on this matter as long as can be remembered.  Shimony further said that, even Longhouse participants often do not know their lineage and clan affiliation, and when asked will simply name the leading clan on their moiety side, assuming that to be their own clan.  Furthermore, as a result of the confusion and breakdown of information, children are not told accurately what their clan affiliation is.  Hence, the supposedly consanguineal kin groups sometimes define themselves through ceremonial or political affiliation rather than through known or putative matrilineal descent (p. 27). 

The rules and functions of the clan had yielded to various pressures at different times in the past, long before the Canadian Government could be used as a lightening rod for blame.  Clan exogamy was the rule.  A Turtle does not marry a Turtle - even if of a different tribe.  Numerous examples can be found of this practise being ignored before the Six Nations set foot on the Haldimand Tract.  Thomas Davis (after whom Davisville on Hardy Road in Brantford was named) was a Wolf, as was his wife Hester (as seen in various deeds they signed in the early days of settlement).  They married about 1760, and this violation of the "do not marry within the same clan" taboo was being ignored for a long time.  So the importance of clans has slowly been sliding downhill relative to the early Confederacy ideals - and so the statement below, this week, has to be seen from the view of beliefs (or ideal or long time ago ways) versus what is truly the case in 2013.

According to Turtle Island News, November 20, 2013, p. 7, Money is flowing into Confederacy Council coffers as the first annual payments for a green environment deal with energy giant NextEra come in. Legal Adviser for the Haudenosaunee Development Institute (HDI, Aaron Detlor, stated that the monies received are going into an account that the HDI "has no access to". Hazel Hill, Director of HDI, said that the chiefs don't know what they will do with the money, adding that, HDI will follow through on post construction monitoring of all the sites.  When asked about how people at Six Nations could obtain more information, Hill replied that, "the Confederacy process flows through the clan system, 'The people have the opportunity to participate through their chief and clanmother'".  Considering that the majority of people at Six Nations have no knowledge of the identity of their clan mother, or chief that is supposed to represent them, this is a rather evasive answer.  I am guessing that if people really did this, and asked around, they would find the quest impossible - and even if they did find the name someone, and they were savy about the problems, they would rightly ask by what right did so and so obtain the title - is the assigned chief truly a member of a lineage whose maternal line can be traced back to the ohwachira, or even the clan, or tribe for that matter.  Reading pages 26 to 34 of Shimony's book would add a note of reality to the question - she shows how many of the supposed clan functions have gone by the wayside over the years.  Many wish it were not so, but there are good reasons why the system that was could not be maintained intact over such a long period of time, and over a time of great change.

The facts are that as far as clans go, things were derailed in the 19th Century.  There is a renewed interest in learning one's true clan among some Six Nations members.  The study even has a name, "Clanology", and at least one book has been written on the subject.  This would involve interviewing elders, and searching for any scraps of material that might be available on the subject from, for example, totem signatures on old deeds.  In fact the only, or most reliable, way whereby at this point in time one could be sure of a common maternal line inheritance would be a simple genetic test that will spell out with a reasonable degree of certainty (the match could be coincidence) the facts.  Either  the chief who is supposed to be your representative shares precisely the same set of harmless mutations on the mitochondrial DNA molecule, or they do not.  If there is a sharing of this pattern, it would suggest descent from the same female maternal line ancestor back hundreds if not thousands of years.  I have the distinct impression that this route to clarity will never be introduced among the conservative minded Confederacy Chiefs and Clan Mothers - although who knows unless the subject is broached, and the benefits explained.  However, if one only wants to maintain a fiction of kinship, then the scientific facts will never supplant the deeply ingrained beliefs that they already "have it right" and no test of any sort is needed - just the memory of someone loyal to the Confederacy system as it now stands.

DeYo.

Six Nations Response to the "McClung Community" of 3,500 Residential Units on the Eastern Outskirts of Caledonia?

I was aware that there would be some housing built at the corner of Highway 6 (Caithness Street) and McClung Road immediately east of the old community of Seneca (now part of Caledonia).  Never in my wildest dreams did I think that the "McClung Community" would include 3,500 residential units - which would translate to about 14,000 or so new people living in the area - eclipsing Caledonia itself.

To be perfectly frank, whether I lived in Caledonia or Six Nations I would be angry about this new development.  The road system alone (let alone the rest of the infrastructure) will buckle under the weight of all the new traffic.  Caledonia at almost any time of the day is a driver's nightmare, especially Argyll and Caithness Streets.

Assuming that it is true what some Six Nations elders have told me, that the "reclamation" of Douglas Creek Estates was due in part to the feeling of being choked by new developments that would soon surround Six Nations - how will this new "enterprise" be perceived?  This is a perfectly valid concern.  Whether Six Nations has any rights to the land, or a legal claim, is beside the point.  All residents will be impacted by this pro - development decision.

The specifics of the plan are included in The Sachem, November 21, 2013, p. 2.  Here Councillor Craig Grice states that, This is simply not a new subdivision, this is a new community being built.  A total of 532 acres along McClung Road, from Caithness Street (along the Grand River) to Regional Road 66 will be taken out of agricultural use, and zoned residential.  As Councillor Grice describes it, the new development will be, Caledonia beside Caledonia.  That's how big it is.  It's a community.  Furthermore, I think that its going to change the face of Caledonia for years to come.  Also, It will change the way Caledonia sees itself today.

Councillor Grice continues to heap praise on the project saying, This is certainly a very positive thing, and upon completion, it will certainly be good for the economy.  Perhaps it will be a boon to the local economy, but that remains to be seen.  I expect that, and understandably so, local business owners will be wringing their hands in glee.  I fully understand that.  However if I was a Caledonia resident, I would not hold my breath for any sort of tax relief or anything of that nature.

As to just when we are likely to see the landscape change, the newspaper stated, Council had earmarked the construction for 2022 as a placeholder, and it would be contingent on development occurring at McClung as well as annual capital budget approvals leading up to the construction.  I don't know what this means, will development start now in the early stages, to be ramped up to 2022?  It is unclear to this writer.

The environment of the area and surrounds would be irrevocably altered - more suburban sprawl, perhaps like the boxy and characterless area recently developed north of Caledonia at Whitechurch Road.  The beautiful Seneca Park at the foot of McClung Road (by the River), which has the largest parking lot for any of the areas with good hiking, would be gone as a bridge will be built here scarring the landscape and arguably doing nothing to alleviate the gridlock in Caledonia along Argyll Street.

Personally I would not be averse to some development along McClung Road, I already had a heads up for this and expected to see a construction site there at any time.  A sensible expansion to Caledonia is one thing, but the creation of another town that will become a city is simply over the top.

Is it possible that this placement of what amounts to a new city on our doorstep will trigger the action of not only Six Nations activists, but also concerned local residents of Caledonia and Haldimand County who value the rural setting of their community?  By presenting a common front, the Six Nations and White neighbours could present a very effective voice against this mega development.

DeYo.

New Elected Band Council Chief and Some Other Potentially Important Recent Developments at Six Nations - 20 November 2013

Both of the Reserve newspapers this week were humming with very newsworthy items that directly pertain to the theme of this blog.  In this instance, I have decided to include the current material here, and as well add the new information to the relevant previous post (of the 38 below). 

1)  Ava Hill was elected as the Six Nations Chief Councillor, winning by two votes against the incumbent Bill Montour. According to Turtle Island News, November 20, 2013, p.3, of the 20,520 eligible voters, 1,057 cast ballots making the "voter turnout of just over five per cent". So the obvious question is, what will this mean for Six Nations and the surrounding communities over the next 3 years. Perhaps a flavour of this can be found in Chief Hill's statements during the candidate debate as recorded in Turtle Island News, November 6, 2013, pp. 2-3). Here she expressed a wish to work with the Confederacy Council (HCCC), "in an attempt to mend the division between the two". Alas, virtually everyone who has tried this over the years since 1924 has failed.  Chief Hill wishes to "hold regular meetings with leaders from all factions and government on Six Nations". This also includes Mohawk Workers and Men's Fire. Perhaps oddly, the former Councillor said, "I'd love nothing better than to see our traditional government in place" (author's bold printing) - meaning the Hereditary Confederacy.  This statement is unusual, considering that Ave Hill is Chief of the Six Nations Elected Council (SNEC).

Other recent quotes are also of come concern. Apparently she has got "connections", "in the national political scene". When it gets a bit puzzling is when she says, the federal government doesn't tell me what to do. The people in the federal government shudder when they hear my name. I challenge them. According to Two Row Times, November 6th, 2013, p.4, by "connections" she appears to mean the Assembly of First Nations. Also, according to the last source, The federal government is using the excuse that they will not deal with us because we are a divided community. Imagine how powerful we would be if we joined forces and went to parliament hill and said settle our land claims right now". While this may be just some off the cuff self - aggrandisement, it is also what one would expect from a person self absorbed with their own importance (facts or no facts). It is only my opinion, but there will likely come the day when we will long for the "good old days" under the leadership of Bill Montour. It all remains to be seen. Time will tell - she may be the best leader the community has ever seen. Her actions will speak much louder than her words. Of course, my question, as per the theme of this blog, is, "will the new Chief be willing to allow the facts to over ride beliefs in a number of contentious issues?"

2)  In Two Row Times, November 20th, 2013, p. 3 there appears an article, What about SN litigations against Brantford and the Crown?.  The reporter questions the status of these negotiations, and asks whether they are likely to be settled within his lifetime.

The current Director of Lands and Resources (an Elected Council mandated division) is Lonny Bomberry, a lawyer.  He updated the reporter as to the current situation.  Bomberry said that concerning land, most of these land patents, which put in third party hands, were given illegally, he concedes, 'The problem with Canadian law is that after a while if you don't exercise your legal rights to get it back, your rights disappear''.  This refers to what the present author has spoken about before under "Statute of Limitations".  The reporter then states that, Bomberry seems intent to be patient and wait as long as it takes, meanwhile, if deals can be worked out with developers to at least accommodate Six Nations something, he is all for that.  Bomberry told the reporter that in a way municipalities such as Brantford are off the hook, based on a decision by the British Columbia Court of Appeal in the Salmon Arm case which puts the responsibility of negotiating on the shoulders of the Crown, not the municipalities.  In what seems to be a revealing statement, Bomberry says that continuing to push forward in the Courts may not be "cost efficient".  Specifically, Litigation is expensive and it can drag out for years, ....... And especially something like this when you need historical experts.  It could take years.  I suppose we could push that issue if we wanted to, but we have chosen to try and get this worked out through negotiation, that's always the easier way to do it.

In looking at the wording of Bomberry's replies, the present author is led to wonder whether he has been shown a copy of the "Holmes Report" which basically makes it abundantly clear that the Province of Ontario has an intact and valid land registration system, and that all of the land claims cannot be supported - hence the Federal Government not agreeing to stamp any of them (except a couple of minor ones such as those relating to the land the railways obtained relatively recently).  Just reading between the lines, I wonder whether because Bomberry is well versed in the law, he has read the Holmes Report and knows that Six Nations are up against a brick wall, and so he would rather focus on the claims where Six Nations alleges that the Federal Government is responsible for the supposed fiduciary issues relating to monies placed in trust for the Six Nations, involving "wrongful management".

If Bomberry has not been given a copy of the "Holmes Report" of 2009 (which I have discussed in detail in earlier posts), then it seems only fair and responsible to do so - even though commissioned by The Corporation of the City of Brantford in 2009 and submitted to Justice Harrison Arrell of the Superior Court of Ontario.  Thus, in my opinion, Lonny Bomberry, the Director of Lands and Resources for the Elected Band Council should be privy to a copy of the "Holmes Report" in order to understand how it will be impacting the decisions of the Superior Court of Ontario.  Also, the representatives of the Haudenosaunee Confederacy Chiefs Council (HCCC) should also have access to this document since, although not officially sanctioned or recognised by for example the Federal Government of Canada, they have legitimacy in the eyes of a significant number of Six Nations members.  In my view, unless anyone wants to play Don Quixote, and in a futile way tilt at windmills, the facts have to eventually be acknowledged so that everyone can move on knowing what is valid and true.

3)  Since the newspaper, Two Row Times, is the new kid on the block, it is expected that there will be some shuffling around until a strong working group of employees can be assembled.  What I noticed this week, was that the newspaper, instead of reflecting the Community at Six Nations, is also reflecting of the White leftist anarcho-communist "supporters" of Six Nations.  One would presume that there is a difference.  So now, in addition to Senior Writer Jim Windle (a non-Native activist from Brantford), we now find two very significant additions to the staff - well actually one in two roles.  The General Manager is Tom Keefer, who is also, along with Six Nations member Jonathan Garlow, the second member of the Editorial Team.  As has been noted in a number of blog posts, Mr. Keefer, a non-Native, has a long and sordid history with Caledonia.  His unabashed Communist Party and Ontario Anarchist Party ties apparently do not concern his employers.  See here for example.  A google search will turn up a great deal on his "work" with CUPE 9303, and his radical past.  Perhaps he has given up after his many years at Concordia University and later at York University, on working to obtain a Ph.D. in Political Science.  In 2010, according to his curriculum vitae seen here, he was in year 6 of his doctoral programme - so now year 8, well beyond the allotted maximum in most such settings.  I am sure that there is a story as to the departure, or leave of absence, and I will add a link if this can be located.  I am predicting "creative differences" with this assembly of publishing staff, but only time will tell.

4)  The HDI (Haudenosaunee Development Institute), a wing of the HCCC, are in the news again - and they are in serious trouble according to Two Row Times, November 20th, 2013, p. 3.  It appears that they just can't get a break in the Court system.  This all stemmed from the City of Brantford's injunction against protests at construction sites there, where the HDI tried to enforce its own development regulations on the city's disputed lands.  The original ruling by Judge Harrison Arrell levied fines of $350,000 plus $68,000 in Court costs (these later reduced to $25,000).  The Appellate Court upheld the ruling, and so a second appeal was launched which also upheld Justice Arrell's original decision.  Those against whom the fine was levied include Aaron Detlor and Hazel Hill of HDI, as well as Ruby and Floyd Montour, Charlie and Mary Green, Clive Garlow, and "persons unknown".  So who will pay?  Apparently due to the financial situations of the various parties, it is likely that only Detlor (who is a lawyer) and Hill will likely be, "holding the bag" and "slapped with the heavy fine".  The reporter could not obtain information as to whether, since the HDI was acting on behalf of the HCCC, they will have some responsibility in the payment of the fine.  The reporter states, What this will mean to the HDI is yet to be seen as the judgement legally clips the HDI's wings in such matters, at least as far as Canadian law is concerned.  The Brantford Mayor believes that this decision will have Canada - wide effects on other groups who chose to engage in disruptive land disputes, and on the Canadian communities who are impacted.

Turtle Island News, p. 5, reported that the Men's Fire assembled to put a stop to construction on the Erie Ave. development project (Guswhenta), which although headed by a non-Native Steve Charest, the latter's two partners are both Six Nations members who had made a deal with the Mohawk Workers, including Brian Porter.  Men's Fire want the HDI involved (which means the application fee paid in full).  One wonders if the project will seek a Court injunction, the problem with that is that it would further pit Six Nations group 1 against Six Nations group 2 supporters.  More factionalism at its worst.

The HDI has been busy on other fronts.  According to Turtle Island News, November 20, 2013, p. 7, Money is flowing into Confederacy Council coffers as the first annual payments for a green environment deal with energy giant NextEra come in.  Legal Adviser for the HDI, Aaron Detlor, stated that the monies received are going into an account that the HDI "has no access to".  Hazel Hill, Director of HDI, said that the chiefs don't know what they will do with the money, adding that, HDI will follow through on post construction monitoring of all the sites.  Recall, that this group has no legal authority, only what the non - elected chiefs (HCCC) gives them.  Hill stated that, "the Confederacy process flows through the clan system, 'The people have the opportunity to participate through their chief and clanmother'". 

I can see one problem right away, which I bold printed above.  The majority of people at Six Nations have no idea as to what their true clan is.  "Clanology" has developed recently to help people to get in touch with their Clan (inherited through the mother's mother's side).  So HDI is saying that the majority who cannot "fit" with the Longhouse system for whatever reason can expect no sympathy or hearing from HDI.  Hill full well knows the situation at Six Nations, and the barrier that poses.  She does admit that, Six Nations people don't necessarily understand the traditional process.  Nor are Six Nations people, necessarily understanding of, or willing to adhere to, the Confederacy process.  I don't ever recall hearing that the traditional process involves extracting money from naive or gullible Whites who think that by ponying up, their problems will go away.

DeYo.



Monday 18 November 2013

The 2006 Caledonia "Land Reclamation": Peaceful Protest or Anarchistic Riot?

The answer to the above question can best be left to an archive of pictures.  The testimony of those local residents most drastically affected by the events between February 2006 and February 2007 have been detailed in the book by Christie Blatchford, Helpless: Caledonia's Nightmare of Fear and Anarchy, and How the Law Failed All of Us, Toronto, Doubleday Canada, 2010.  Her book is illustrated with photographs taken at the time.  The Native perspective, complete with a large array of pictures, is given in Lynda Powless, Douglas Creek Reclamation: A Pictoral History, Ohsweken, Turtle Island News, 2006.

It is my firm belief that if blame is to be laid at anyones doorstep ............ well, better I not judge, but rather I will leave it to the facts to speak for themselves.  It seems to be in the nature of humans that the finger of blame will always be pointed at someone else, but ultimately, according to my worldview, one must take responsibility for ones actions.  If I push a car off a bridge or toss a Molotov cocktail at it thereby burning it to metal scrap - it was my choice, and I should expect to pay the price for my ill conceived decisions.  I have never done anything of this nature.  It is the behaviour of people whose only respect is for their own ideology in a sel - indulging world where the end justifies the means - whether there are facts of any description to support the beliefs is immaterial - the beliefs rule.  Generally, in most of the world, you do the crime, you do the time - anywhere but Caledonia that is.

As noted previously, I was at a College south of Syracuse NY at the time these events took place, and my duties required that I remain at my post.  When I was able to return, many of the events depicted in the following pictures were those I only heard about second hand, and could infer from the scars left on the land.  I will always regret not being able to return to my ancestral home of the Grand River in a timely fashion, but responsibilities to those who would be affected by my leaving, on whatever pretext, weighted heavily on my shoulders. 

Why did I leave this incident to post number 38 when in a sense, it was the event that led directly to the previous 37?  I don't have a good answer.  I do know that I have avoided looking at the pictures because I simply cannot believe that the good people of Six Nations would behave in the manner of barbarians and terrorists.  That does not compute.  However when I go over each picture, the inescapable truth stares me in the face.  For the years between 2006 and 2013 I have sat on the fence (literally) where I did not know whether to offer my support to the Native side or the Caledonia side.  Ultimately my training and professional experience allowed me to put to one side any emotional entanglements, and to just look at the facts, the evidence.  When I did that, over a period of years (not weeks or months), I have come to the conclusion that to not lend my voice to those who have suffered and sacrificed so much, would no longer be acceptable in my mind.  Veritas, the truth - the dispassionate search for the truth is all that is now before my eyes.  So I will call the plays based on observation and the documented trail of factual material - nothing else.  Let the crumbs fall where they may.

An interesting article was published in The Hamilton Spectator, asking the question, "Caledonia players: Where are they now?  This Spec article can be seen here.

What follows include pictures, and my caption based on my knowledge of the locations depicted as they were before 2006.  They are in no particular order - the goal is to show what went on, not provide any sort of documentary chronology, or judgemental diatribe.  Most of the following occurred in 2006 or 2007:

 
A burning vehicle at the Caledonia Bypass (Highway 6) with another on the way

 
A vehicle about to be pushed on to Highway 6, Caledonia Bypass

 
 Some of the protesters directly involved in the crisis in Caledonia


Argyll Street blocked


Gravel dumped on Argyll Street by protesters


Argyll Street on fire


Substantial OPP presence
 

 
Riot squad from London who stayed for a few minutes and departed
 
 

The Stirling Steet Bridge over the railway completely engulfed in flames

 
A sense of what the DCE property looked like before most of the homes were trashed
 
 
ATVs - devices residents claim were used to terrorise them at all hours
 
 
Gary McHale after being assaulted by a Native protester, prior to his (McHales) arrest


 
Sam Gaultieri, beaten and brain damaged by Natives who broke into the home of his daughter
 
After seeing the above pictures, I will ask whether the following picture makes any sense whatsoever.  I attempted to find a picture of a Native person being arrested at a protest rally or anything of this description but could find nothing - although I know that the OPP have laid charges after the fact against Native protesters.  Here is a picture of our "peacekeeprs" at work:
 


 
Caledonia resident Randy Fleming being arrested for carrying a Canadian flag in 2009.  Note the officer's knee on Mr. Fleming's neck
 
I will ask a very simple question at this point.  Considering the blog posts to date, and the pictures above, how will the residents of Caledonia and Haldimand County view the following cartoon?
 
 

DeYo.
 

 

 

 

 

 


The Six Nations Reserve as a Tourist Destination

I have often asked myself the following question, "If I was from say Toronto, would Six Nations be a place I would want come to visit, and if I chose to do so, would I leave saying that I had an enjoyable stay"?  Certainly Six Nations Tourism would wish you to believe this, but what are the facts?  First I will list and describe those sites and events that some to mind, based on my own experiences, as potential tourist destinations.  I will then explore the official website, and comments that have been made by "real" tourists via a website that allows people to describe their experiences as tourists at any location in Canada.

I have been to Tyendinaga Mohawk Territory, and other than the old Anglican Church and graveyard with all the old familiar surnames, there really isn't much if anything there for say a German tourist.  The landing place of Captain John Deserontyon and his party in 1784 is near the big walleye and Bay of Quinte sign as I recall - closer to the town of Deseronto off the Reserve.  The same could be said for Wahta (Gibson) Mohawk Territory.  It is located in Muskoka, and the setting is lovely - but that can be said for the entire district.  I could not see anything special about Wahta (Sahanatien), and there were no signs pointing to sights of interest.  There is a great deal more to see and do in nearby Bala, where the craft shop that sold products made at Wahta was once located.  It is still listed in the tourist literature for Muskoka, but seems to have been converted to other uses.

This brings us closer to home.  What does Six Nations have that would draw tourists?  Just off the top of my head, the biggest place of interest would be the Her Majesty's Chapel of the Mohawks (St. Pauls) on Mohawk Street near Brantford.  The building was constructed in 1786 and is very quaint and charming.  I can recall when Her Majesty and Prince Phillip visited, my family took part in the Royal visit.  At one time I recall talk of converting the "Henry House" (close to the Chapel) into an interpretive centre.  Nothing came of it.  An archaeological investigation of the Mohawk Village was completed in the 1980s, and then the home sites which were discovered were paved over for a parking lot.  Soon thereafter a massive ugly berm was created all around the "little oxbow" in front of the Church.  The environment around the Mohawk Village site never again had the natural look, which I had found so appealing.  With all of the flood control dams at the Luther Swamp and elsewhere we would never ever get any flood that could possibly reach up as far as the Mohawk Chapel - but who am I to question the engineers?  All I know is that it made one ugly scar on the landscape.  It had so much potential - an opportunity lost.  I refuse to go back because it is so upsetting to see what a botch up has been made of a pristine and historic site.

We do have the Woodland Cultural Centre / Mohawk Institute.  As to the latter, although "notorious" and "controversial" as per my previous blog, it  houses an amazing library and research centre (at least it did).  At one time (in part due to Guy Spittals I believe) the library had virtually all of the books ever published on Iroquoian culture and anything related.  I always felt though, that if I was a regular tourist, I would find the place less than welcoming - the ambiance, well, it always seemed lacking although the staff were very helpful and knowledgeable.  This was also a cultural component there.  I can recall when there were, for example, distinguished Six Nations linguists who had offices there (e.g., Reg Henry), and there were conferences held there that they were well attended and included for example linguists from all over the Continent.  I don't know whatever happened to this learning and research aspect, but I have not heard of any such events happening there any longer (perhaps I am misinformed).

The Woodland Cultural Centre used to have a recreated Iroquois Village that was interesting, until it fell apart of its own volition.  It was rather like the one at Kanata Tourist Centre just down the road (Mohawk Street) that is now under occupation by the Mohawk Workers.  Its potential fizzled, although that happened before the Mohawk Workers arrived on the scene.  I always wondered why it floundered. 

The wooden building, part of the Woodland Cultural Educational Centre to the left of the Mohawk Institute, when Tom Hill was a fixture there, had a great deal of potential.  The artifact collection, and the art collection showcasing the works of local artisans was (maybe still is, I haven't been there in a while) superlative.  However, unless things have changed, I noticed that over the years the establishment (even the structure itself) was "going downhill".  Whether it is due to chronic underfunding, I don't know.  It is a shame - all of the above named settings had huge "potential" as sites that would / could draw tourists.  Things are so scattered and run down now that unless there was a Herculean undertaking to focus on tourist potential - it will just get worse.

On the largest part of the Reserve (Tuscarora Township) there are a number of things that might interest tourists, but in general, and trying not to be disrespectful, Ohsweken does not have "Old World Charm" or the quaintness of the old towns along the St. Lawrence in Eastern Ontario.  I am not sure what a tourist might wish to see "in town".  On the outskirts there is Grand River Enterprises, but as far as I know, there are no tours.  And quite frankly the shabby smoke shops are not going to seem palatable in the eyes of a tourist - only the White people who come with the express purpose of getting cheap smokes and (if possible) gas.

One establishment with very solid tourist potential is Iroqrafts.  It sells the full range of Indian crafts(including local artisans but also across North America).  There are craft supplies, and there are books that are difficult to find anywhere else (thanks to the fact that the business was started by Guy Spittals, who later went into publishing out of print books about Iroquoian people).  It has a very homey and welcoming atmosphere.  I remember the smells from when I was young, and would come away smelling of deer hide (a good thing).  Unfortunately it is in an out of the way location, and not at all easy to find if you are not a local.

Then there is the Speedway (Friday nights), the Arena for sporting events (e.g., hockey, lacrosse),  the Forest Theatre, the Pow Wow, and Bread and Cheese Day (the latter is really only for Community members - so we can cross that off the list).  Oh, almost forgot, there is the Bingo Hall north of the Chiefwood Bridge.

Then we come to Chiefswood, the home of the famous poetess Pauline Johnson and her parents Chief G.H.M. Johnson and Emily Howells.  The building has been restored, and a tour of the home is interesting, and the curator knowledgeable.  The grounds, well in my mind's eye they don't compliment the home - although the herb gardens and such are excellent.  The parking though leaves something to be desired.  You want people to come away feeling that they have had a positive experience - but the access is poor.  Having a trailer camp next door ....... I guess that is good if it brings in tourist dollars but it takes away from the classiness of Chiefswood.

The biggest potential draw is the Grand River.  Unfortunately there is little to nothing in the way of tourist potential that has been developed here in relation to what one can find in surrounding municipalities.  Caledonia and Brantford both have extensive trail networks along the Grand that can be used by hikers, bikers and families who want to drop a line in the water.  The fishing below the dam in Caledonia is a huge draw - at times the fishermen are literally shoulder to shoulder lined up trying to catch a brace of steelhead trout.  Between Caledonia and Middleport there is the Big Creek Boat Farm which takes tourists on "paddlewheeler" adventures (often with meal included) along the Grand, and somewhat ironically, the narrator / Captain speaks largely about the Six Nations during these tours.  However there is nothing comparable on the Reserve side of the River.  The Grand has been designated as a Canadian Heritage River, but there is little that Six Nations have done to capitalise on this.  Most canoeists stick to the north (east) side of the River and don't get any flavour of Six Nations - other than hearing gunshots in the distance or unnervingly close (I am speaking from experience).

I can picture what might have been, and the potential that was there in say the 1980s, versus the decay that I see now - and realise that it may simply be too overwhelming to undertake a mega works project to bring to fruition what some of us have in mind.

Lets be frank too.  It is well known within a great distance of Six Nations that there is always the possibility of a road blockade and / or protest of some kind.  Can anyone really imagine residents of Brantford (the closest City) being keen to come to Six Nations.  Anyone who reads the Brantford Expositor is exposed to an almost daily run down of the scatter of protests all over their City.  Not exactly the climate that fosters a wish to know more about Six Nations culture.  It is easy to draw in student activists, whose "solidarity" can be a bit fickle, who don't have two dimes to rub together, but with the present situation even that paltry source is very spotty. 

Six Nations does have a group whose job it is to enhance tourism locally.  The office of Six Nations Tourism is a very large building, just to the north of Chiefswood Bridge, in Onondaga Township.  Previously the office was located between 4th and 5th Line on Chiefswood Road.  The website seen here is very interesting.  The wording at the bottom should give non - locals an accurate thumbnail sketch of what to expect.  They say, "Experience the Culture of Six Nations".  Located alongside the picturesque waters of the Grand River, Six Nations is a community everyone should experience.  When you visit, you are greeted with a community that loves to laugh, live and enjoy the gifts of Mother Earth.  Six Nations of the Grand River Territory has a variety of experiences unmatched by any community throughout the nation!  Come experience Six Nations for yourself, a place for fun and relaxation, a place to discover.  I wish I could say, "right on", but to be entirely truthful, this does not truly reflect what the unsuspecting visitor is likely to find - unless they perhaps arrive by tour bus with a carefully orchestrated "visit" to ensure that all is sanitised sufficiently.

The website divides things into three categories - History & Culture, Festivals & Events, Nature & Landscape.  Having never before clicked on these boxes I will do so now to see if what is described meets what I know to be true as a local.  Under History & Culture is a description of the history of Six Nations, the Grand River Tract, something of the culture, and a list of notables from the Reserve such as Tom Longboat and Pauline Johnson.  Under Festivals & Events is a calender list of upcoming events, such as the Grand River "Champion of Champions" Pow - wow, the Six Nations Fair, the Six Nations Pageant / Forest Theatre, the Snowsnake Tournament, and various events hosted by the Woodland Cultural Centre.  There is a focus on the Grand River Pow Wow and the Santa Claus Parade.  With respect to Nature & Landscape, they note the Six Nations Nature Trail at Chiefswood - what I have seen is very abbreviated.  Also of note is the fact that Six Nations is within the Carolinian Forest district, where plant and animal species usually only seen in southern climates are found.  Alas, I don't know of any efforts to promote the forest environment, which truly does have potential (I won't mention the obvious, such as the burned out cars scattered everywhere).  They also recommend the Mohawk Chapel.  In all it is a very professional website, and they are also on Facebook, and Twitter, and there are various U-Tube videos.

There is also a site, which came up as the second in my google search of 'six nations tourism', as seen here.  It is a Trip Advisor site, which touts itself as the "world's largest travel site", where people comment on their tourist experiences at various locations across Canada.  29 people have left comments.  Based on what I can see the highly positive ones (e.g., 5 radio buttons or 5) were apparently left by Six Nations residents and business owners (e.g., Lynda P).  It is the non - locals that are most informative.  In other words how does someone from a city in Ontario, or some other part of Canda or someone from another country experience their stay at Six Nations?  That appears to be a different story.  I will include just a few of the most recent postings to this site, in sequence:

1)  (2 of 5 radio buttons) "Not a lot on the reserve for tourists" - 'The pow wow`s are really good but apart from that not a lot on the reserve for tourists.

If its raining dont bother as it is very muddy. food is always good and the dancers and costumes are spectacular'.  (Brantford resident)

2)  (2 of 5 radio buttons) "Love setting Indian cigarettes" - 'Drove throught this part of Ontario and when we visited we noticed numerous rustic looking huts selling cigarettes. I was always under the impression that the Six Nations peoplw were proud of their culture but the numerous huts selling cigarettes certainly gave me a different impression of this area'. (Oakville resident)

3)  (2 of 5 radio buttons) "Not happy" - 'We had people visiting and decided to take them to the reservation to watch one of the pow wow that they have there, unfortunatly out car was broken into while we where there'.  (Hamilton resident)

4)  (3 of 5 radio buttons) "Go to the burger barn" - 'I have been to Six Nations many times for various reasons, Pow wow, shopping, day excursions and have always enjoyed ourselves. Went to the burger barn for a b-day party and the food was simply amazing, good prices, good quality,big portions and the service was friendly. If you go make sure you know where you are going....have a map because it can get frustrating if you get lost! If you are going to a Pow wow a suggestion is to google it ahead of time to know when the events are taking place that you wish to see'.  (Hamilton resident)

5)  (5 of 5 radio buttons) "Six Nations of the Grand, the friendliest, best place to visit" - 'Six Nations of the Grand River boasts a number of attractions developed to encourage visitors to the community from the annual pow wow in July, to the Pauline Johnson Mansion, Royal Chapel of the Mohawks, historical sites here before Canada was a country, crafts shops. Visit, enjoy learn about the Six Nations its a fun exciting place to go. And don't be fooled by comments here from people who have never been to the community and instead attempt to instill hatred or fear. Six Nations is fabulous community on the Grand River that welcomes visitors'.  (Ohsweken resident)

6)  (1 of 5 radion buttons) "Pushed around" - 'We will not go back....Went to see what this was all about....said public welcome.... treated very poorly at the gate.... tons of heavy drinking and swearing....DO NOT bring children... We were pushed around a lot and asked many times why are you hear.... We left after an hour..... Should not of lasted that long....'  (Hamilton resident)

7)  (5 of 5 radio buttons) "Different culture" - 'To understand the First Nations, you have to visit them! You will meet a great group of people trying to make their way in a complex society. Try attending summer gathering or just go shopping and talk to the people'.  (Hamilton resident)

8)  (4 of 5 radio buttons) "Sweet, humble people with an amazing history" - 'We often forget how rich our neighbours culture can be. Six Nations folks embody all that is good and pure about Canada. Humility, respect for the land and hospitality. Check it out. Fun and rare experience'.  (Dominican Republic resident)

9)  (1 of 5 radion buttons) "don't go where you are not wanted" - 'If you are not aboriginal, you may find yourself feeling very unwanted here. It is a small minority that feels that way, but they are very vocal and very mean spirited. They do a disservice to all native peoples, but because of the Warriors and other bad elements, this is no longer a place to visit...even in daylight!'  (Dundas resident)

On that rather downbeat note I think I will close.

DeYo.

Thursday 14 November 2013

The Blame Game: Colonialism, Residential Schools and 1924

The Six Nations Community is facing significant challenges.  Some are quick to blame these ills on others, and events in the past.  Some of the most significant problems are spelled out by Elected Councillor Helen Miller as seen here, in a letter to Turtle Island News, May 25, 2011, p. 6.

She lists the following as issues confronting Six Nations:

1)  A spate of break ins and vandalism at for example the Vets Hall.
2)  The area being a hub for the disposal of stolen cars.
3)  The epidemic of drug use, with Oxycontin being at present perhaps the most problematic.
4)  Babies continue to be born with FAS (fetal alcohol syndrome) to mothers who abuse alcohol.
5)  More and more cigarette shops sprouting up (some of which are fronts for drug deals).
6)  Six Nations members stealing land such as the Glebe Lands in order to for example grow tobacco.
7)  An epidemic of domestic violence and sexual abuse [it should be noted that at least two rapes have been committed at the Douglas Creek Estates property since 2006 - the number likely being much larger].
8)  Deadbeat dads.
9)  Disrespect for elders [despite the ideal].
10)  A high rate of suicide.
11)  Continued bullying at the schools despite a "no - tolerance" rule.
12)  The fighting between the Elected and Hereditary Councils.
13)  Alienation and disinterest of youth.
14)  Groups such as the Men's Fire telling youth that the Provincial laws do not apply to Six Nations, and that the Six Nations Police have no authority, which promotes lawlessness.

Miller emphasises that it is imperative that, we have to stop blaming colonialism, stop blaming residential schools, and stop blaming 1924The latter refers to the year that after years of dealing with a dysfunctional hereditary council, and with a stack of petitions from Six Nations members, the Federal Government via the RCMP locked the Longhouse and the system was changed to an elected council.  It is almost a given that someone from Six Nations will use this as the "classic example" of how the Canadian Federal Government has over stepped its authority to impose their own assimilationist values on aboriginal people (I have heard this time and time and time again).  Finally Councillor Miller wrote that, we all have to take responsibility for what has happened in our communities.

Nothing further really needs to be said about the matter - Councillor Miller has articulated the range of factors facing the Community at this time, and has provided a clear assessment in relation to this subject.  Basically she is saying that instead of playing the "blame game" and pointing the finger at those outside the Community, for perceived wrongs from long ago, it will be more productive to accept that much of what is so troubling must be placed at their own doorstep.  Thus by accepting personal responsibility, the Community will be better prepared to confront the challenges head on to find viable solutions.

DeYo.

Smoke Shops and a Burger Stand - Illegalities and a Double Standard

The subject of this blog is one that, as with the record collections at the National Archives (Library and Archives Canada), I have a lot of direct personal knowledge.  I will begin by a short rendition of my gradual introduction of what was to become a fixture of the landscape in my home area, the "smoke shack". 

The Cigarette "Business":  Certainly, by the 1980s it was common knowledge that there was a "smuggling problem" along the St. Lawrence River.  Nothing new, it has been used as a smuggling route between the U.S.A. and Canada since the War of 1812.  Where there is a buck to be made, then people are going to see what they can get away with - especially if the payoff is large.  This was the case of the untaxed cigarettes which were making their way across the border at Cornwall Island from Akwesasne Mohawk Territory.  In Prohibition days, the "gray ghosts" would speed across Lake Erie from Port Dover to deliver their cargo of booze to waiting U.S. customers in Erie, Pennsylvania.  However with the cigarette smuggling, the trade was going in the opposite direction, then with the emergence of the Grand River Enterprises, the flow of product became a worldwide phenomenon.

There was a willing market as consumers had seen the taxes paid on tobacco products skyrocket - under the guise of trying to cause people to re-think their addiction.  Alas, people simply get more creative, and find ways around the laws they believe to be unjust.  A lot of the "product" was making its way to Six Nations and New Credit where it could be retailed at significantly lower prices.  The Federal Government did, and still does, have a "hands off" policy (or at least practise) when it comes to what goes on over on the Reserves.  In a way it was (and is) a win win situation for White consumers and Native retailers.  It was lose lose for the Government (who was losing billions in uncollected taxes), and small mom and pop stores in small towns near the Reserves such as Hagersville and Caledonia or even Jarvis and Simcoe (people were willing to travel quite a distance to save money - this in the day when gas was a dollar and change per gallon).

Generally the "shops" which sold "rollies" and other tobacco products were small wooden shacks or trailers, each with a "catchy" name and flags and signs to try and set them apart from their nearest competitors.  Back in the 1990s the shacks were scattered rather widely.  I began to notice that some of the people I knew "in the business" were building homes with swimming pools and leading a lifestyle that I could only dream about.  Obviously I was in the wrong business.  It didn't really upset me, as more wealth was pouring into the local economy, and similar justifications.  The fact that children were buying cigarettes, and that true addicts were encouraged to increase consumption due to the downward shift in prices, and that the stores in the nearby towns where we shopped for food or other essentials, was and is a serious consideration.

What really brought the problem home for me when my neighbour built one of these shacks directly across the road from my home.  Now it was personal, and I have ever since been disgusted at the mere sight of these stains or poxes on the landscape.  Needless to say, I wince when I have to take Highway 54 through Onondaga and Middleport and along Chiefswood Road into Ohsweken where the shacks are literally cheek by jowl.

In my research on this "phenomenon" I realized that it could only feed an academic interest, as I had no illusions of the shacks disappearing at any time.  As far as I was concerned they were permanent, and I just needed to learn to live with them.  Being an avid non-smoker and seeing cars coming and going, with White people making their purchases (with a twinge of guilt, I don't know), and my neighbours raking in the cash.

Relevant publications include:

1)  The illicit tobacco trade in the U.S. and how funds are diverted to the Middle East to fund terrorist groups such as Hamas and al Queda - see here.

2) The effects of contraband cigarettes in Canada - see here.

3)  RCMP's warning about illegal tobacco sales - see here.

4)  How Canadian Natives became involved in the illicit sale of tobacco - see here.

5)  The role played by Akwesasne - see here.

6)  How today the situation has changed to the manufacture of tax free cigarettes on Canadian Reserves - see here.

7)  Grand River Enterprises:  This business, the largest employer at Six Nations, is now situated on Chiefswood Road just east of Ohsweken.  It is a huge establishment, and apparently thriving.  Some sense of this firm, established in 1996 (but with roots much earlier), can be found here.  Apparently their annual revenue is over 12 million dollars, and they employ between 100 and 249 individuals - see here, however whoever did this research appears to have seriously underestimated the true figures.  Further information can be found here, particularly on the various brands and types of tobacco products they manufacture.  See the blog entry here for information about European customers. 

Apparently the company has been beset with problems with those who are counterfeiting their products, as seen here.  For the most comprehensive analysis of this business, which includes information that would directly contradict some of what is included in the previous links, see here.  Deals with the Chinese will no doubt prove most lucrative.  I have been to China, and based on simple observation, almost everyone smokes.  So there could be huge demand for GRE product in that part of the world. 

I have been unable to locate a website for the company, however they do have a Facebook page.

While Grand River Enterprises may have something of a shady past, it, after a lot of legal wrangling, has been incorporated as a Canadian company, and continues to grow with efforts that seem clearly legal, and those which are highly questionable (and at times the subject of lawsuits).  Meanwhile the primary shareholders have become multi - millionaires, and one must congratulate them for their entrepreneurial spirit - and their efforts to "give back" to Six Nations.

Caledonia Example:  Some of the smoke shacks which sell GRE (or other) products, however, have been little more than a thorn in the side of the community in which they are located.  A classic example is found at the end of Argyll Street at the south end of Caledonia, where the owners insist that the laws that apply to the rest of the community do not apply to them - despite being on off - Reserve land.  Protests by local residents have, since 2007, attempted to force the OPP to close down the shop.  In late November of that year, Gary McHale was physically assaulted by the owner of the shack - see here.  Since 2008 the Provincial Government has attempted to evict the owners of the smoke shack at the end of Argyll Street (where it joins the Highway 6 bypass) - see here.  The establishment is on Provincial land, not part of DCE but rather Hydro One land, but justified (if that is necessary) as lands never ceded.  The fact that this claim flies in the face of air tight evidence is of no concern - no one has tackled this potentially explosive issue of presenting the facts and then enforcing the law.  While the matter has been brought up in the Provincial Parliament, and promises as to actions to be taken or in the process of being taken, have been made.  Absolutely nothing whatsoever has ever been done - and the shack continues to do business defiantly but with resolve (they are not going to back down).

The smoke shack issue has been taken on as a particular cause by one local resident, Doug Fleming, who attempted, via various protests and actions, to show the hypocrisy of the entire matter.  A question asked by Mr. Fleming was, "what if I set up a smoke shop", would the OPP tolerate it as they have tolerated the illegal shops presently dotting the land?  The various events related to his efforts can be seen here

It seems then that the manufacturing and retailing of cigarettes by Six Nations is controversial, and something of a two edged sword.  No doubt it has brought wealth to Six Nations, but at what price?  My opinion of the smoke shack and related matters is that things are a whole lot better if they are confined to the areas of the Reserve which are in no way contentious - say Tuscarora Township.

Also on the Argyll Street property, a "hamburger stand" was built on the same property as the smoke shack, and there was evidence of multiple health and safety code violations that should have been addressed by a Haldimand Bylaw Officer. Complaints were registered by concerned citizens, but the word went out that any attempt to enforce the law would be met be force. So once again the belief that Six Nations are exempt from those laws meant to protect all citizens, including those at Six Nations, was pressed into service and the message was, go ahead, try to enforce the law, which now included a Court Injunction to cease and desist until proper measures could be taken to bring the establishment "up to code". "Good luck to you".

It actually took a local resident, once again, Doug Fleming, to bring the matter to a head.  On 7 July 2013 Doug read a formal complaint about, for example the lack of inspectors and permits for anything going at this site.  See video of event here.  It appears that this most recent effort at least brought the Haldimand Health Department to an awareness, and they appeared to take the matter seriously. Previously the bylaw officer refused to issue a notice of infraction to the owners without OPP backup (which was not given). So things had stalled until Mr. Fleming's efforts bore fruit. While Dr. Malcolm Lock did issue an injunction against the establishment, he and the owner entered into negotiations instead of immediate enforcement. Alas, what we have learned of late, time and time again, is that negotiations are fine, as long as the Six Nations obtain what they want. Being told what to do does not sit well, even if the requirements of adhering to the law and maintaining a safe work environment surely could not be disputed.  However this is Caledonia, so .........

If one was to be entirely objective about this situation, it should not go without notice that the violations were of those things that even common sense would dictate that something be done - these were not subtle concocted reasons. An establishment that serves food must have suitable toilet facilities (rather than staff taking a piss in the brush nearby), a place where staff can wash their hands, potable water including hot water for washing and cleaning purposes, and so on. Of course we could veer into the fact that the place was a shack, and that there was no guarantee that it would not fall in on staff or customers because it had not been inspected by a building inspector - nor was a permit issued. Yet the owner believed he had a right to behave in any way he saw fit - the law be damned. Eventually he relented somewhat, probably because the press was so negative it was bound to have an effect on business, and so he promised to comply with the Court Injunction. Promises tend to be believed, but whether there is evidence of any compliance, I do not know. As of September 2013, the business was still failed to comply with the Health Department requests, and ignored the Court Injunction (see here).   Anyway, the place and its affiliated illegal smoke shack are open for business complete with two Plains Indian TeePees on site and the Confederacy flag flying proudly (except when the wind shreds it).

The most recent information about the business at the end of Argyll Street comes from Turtle Island News, November 13, 2013, p. 7.  Here the reporter uses the headline, "Confederacy council leases land to smoke huts and burger stand, $1".  The Haudenosaunee Confederacy Chiefs Council of course maintains that the establishments are constructed upon are the lands, "unceded and belong to Haudenosaunee".  Haldimand County argues that the lands are, "registered in the provincial land registry".  As noted before, while a Court Injunction was issued by Justice Arrell, the matter was adjourned while the parties worked out the health - related issues with Dr. Lock.  It appears that the owners have simply ignored, once again, any compliance with health regulations and do business under the name of, "Plank Road Grill" - the rationale for non-compliance being that they are under the jurisdiction of the Confederacy.  The HCCC legal advisor, Aaron Detlor, maintains that, the underlying title is still with the HCCC and the lands are registered with HCCC's land registry system which includes all lands in the Haldimand Tract and the Nanfan Treaty area.  In my opinion, it is time to take this claim to Court - let the HCCC face the facts of the "Holmes Report".  There are still Court matters facing the owners, which will be addressed in December or January of 2014.  Hopefully at this time Justice Arrell will decide to lower the boom, and, address the false claim of Six Nations ownership of all the Haldimand Tract and all of Southwestern Ontario.

DeYo.

Wednesday 13 November 2013

Why Has So Little Progress Been Made in Negotiations Between Six Nations and the Government of Canada?

At Six Nations, as reflected for example in the content of articles published in Turtle Island News and Two Row News, the Government of Canada, through Indian and Northern Affairs Canada (INAC), is constantly being targeted as the source of the various problems which have driven a wedge between the people of Six Nations and the surrounding communities. 

The purported role of the Federal Government for standing in the way of talks to resolve outstanding issues of one sort or another is a thread that runs long and deep at Six Nations.  The belief is that the Government of Canada is at fault for their perceived woes.  Apparently there is one solution to the problem (which all acknowledge is going to be extraordinarily difficult to enact, if history is any guide) - addressing internal divisions at Six Nations.  According to candidate for the postion of Elected Council Chie, Ross Johnson, When we fight against each other, we fall into the trap of the federal government.  As long as we're scrapping together they don't have to come to the table with solutions to our land rights, our legal rights, our human rights (Turtle Island News, November 6, 2013, p. 2).  In all of these discussions, all that are mentioned are rights, not responsibilities - although this should be the subject of a separate blog post.  So blame the Federal Government - this is endemic at Six Nations and the "Government" is seen as the cause of the 2006 "Caledonia crisis" (or "reclamation", depending on who you ask).  By in large, Six Nations see INAC as directly responsible for this incident and subsequent events.  For example see, Lynda Powless, Douglas Creek Reclamation: A Pictoral History, Ohsweken, Turtle Island News, 2006.

As I have noted time and again in this blog (and almost all at Six Nations acknowledge this to be true), a very major difficulty is factionalism, and in particular that between the Six Nations Elected Chiefs (SNEC) and the Haudenosaunee Confederacy Chiefs Council (HCCC).  The two parties lock horns on every conceivable matter, and although SNEC is the Government recognised body through which legal negotiations can take place, the HCCC have been persistent and adamant that they are the legitimate body that should be at the negotiating table with the Federal Government.  Over and over, this division has virtually ensured that no progress can be made - but the Federal Government will still take it on the chin since they are the group that all at Six Nations can agree are the source of the present difficulties.

The "cheek" of some people, even within the body that is mandated to negotiate with the Federal Government, is positively astounding to those outside the Six Nations Community.  For example, in the recent debate of candidates for the position of Chief of the Elected Council, candidate Ava Hill said in describing her leadership abilities that, the federal government doesn't tell me what to do.  The people in the federal government shudder when they hear my name, I challenge them (Turtle Island News, November 6, 2013, p. 3).  So much for bargaining in good faith as equals.

So what is the real story here, the one that can be backed up with facts irrespective of beliefs?  In fact the Federal Government was forced to abandon negotiations when, In March 1995, Six Nations filed a lawsuit against the Government of Canada and the Province of Ontario, which also relates to how Six Nations' lands and monies were managed by the Crown.  None the less, informal talks continued with Six Nations, and both the Governments of Canada and Ontario, who would be the three parties to any agreement that resulted.  After the "Caledonia crisis", talks resumed and, based on the wishes of Six Nations, the priority claim was that relating to the flooding caused by the Welland Canal Feeder in the 1830s and 40s (and beyond).  The offer from the Federal Government was $26 million dollars.  As someone who has examined the available documents, who is familiar with the history and geography of the affected area, I would venture to say that this was a rather generous offer.  The Six Nations countered with an offer to settle of $500 million dollars - in other words half a billion dollars for something that pertained to a period of about 10 to 20 years, 180 or so years ago.  Hence it became apparent to one and all outside of the Six Nations negotiating team, that to settle the various claims there would be a demand for many billions of dollars of Canadian taxpayers monies.  One wonders, "what were they thinking?".  How can Canada, especially with its present fiscal situation, and the many other First Nations groups demanding "financial justice" even think that this would be viable?  Of course they did not accept the counter offer.  In real estate terms, it was insulting and entirely unrealistic - so why proceed with spending endless hours at the negotiating table when the outcome is going to be "off the wall" demands.  Demands must be tempered with a knowledge of the realities of the situation, and what Canadian taxpayers would be burdened with based on only one side's view of what would bring justice to the fore.

So who are the "Six Nations" in these negotiations?  Would the Elected Chiefs really endorse a proposal that is indefensible on each and every account?  Why has so little progress been made?  A decision was made at the time of the "Caledonia crisis" to turn the responsibility of land claims negotiations over to the Confederacy Chiefs.  This decision by the Elected Chiefs would virtually ensure that nothing but the spinning of wheels could be expected in any negotiations.  Since I have noted elsewhere (repeatedly), various groups claim the "right" to negotiate on behalf of the Confederacy Chiefs - groups who often in open conflict.  See here for Elected Councillor Helen Miller's very pointed statement about the change of guard at the negotiation table.

Despite all of the unrealistic demands, In August 2009, Six Nations formally reactivated their 1995 lawsuit. Canada advised Six Nations and Ontario of its willingness to continue participating in negotiations.  Thus, it was Six Nations that has in fact ensured that negotiations grind to a halt, with the  Federal Government one again facing a formal lawsuit.  How with all honesty and in good faith could Six Nations behave in this manner, then claim that they are the victim of the process.  That does not square with the facts.  Furthermore, there is absolutely no guarantee that the HCCC and their "representatives" would agree to whatever is negotiated since they have their own competing agenda.  So the Government is beat, with their backs against the wall, and nowhere to move - yet criticised as the party responsible for the problems at Six Nations.  How could so many people be blind to the realities?  My guess is that in a game where you have painted yourself as a victim, it is going to be all or nothing here.  My way or the high way.  In my opinion, until the Six Nations negotiating team becomes aware of the way in which progress can be made (at any negotiating table in any part of the world), then the Government is beat and everyone will continue to spin their wheels.

The entire history and details of the negotiations between 1980 and 2009 (not much has happened after Six Nations made a demand for a half a billion dollars for flooding between the 1820s and the surrender of 1841), can be found in a very carefully worded document from the Federal Government seen here.  For the Six Nations perspective on the process see here.

In conclusion, Six Nations will have to come to terms with the "Holmes Report" (submitted by Joan Holmes and Associates to The Corporation of the City of Brantford in 2009) noted elsewhere in this blog, and after accepting that the land claims do not rest on any legally defensible ground, focus on the financial mismanagement or misappropriation issues and see where that line of enquiry will lead - but with reasonable expectations for compensation for events that occurred often for only 10 years or less before the general surrender of 1841.  I hold out little hope of anything of material significance coming out of any further talks.  As recent events have shown, there is nothing positive to be accomplished except creating the illusion that "talks are continuing". 

Update:  In Two Row Times, November 20th, 2013, p. 3 there appears an article, What about SN litigations against Brantford and the Crown?. The reporter questions the status of these negotiations, and asks whether they are likely to be settled within his lifetime.

The current Director of Lands and Resources (an Elected Council mandated division) is Lonny Bomberry, a lawyer. He updated the reporter as to the current situation. Bomberry said that concerning land, most of these land patents, which put in third party hands, were given illegally, he concedes, 'The problem with Canadian law is that after a while if you don't exercise your legal rights to get it back, your rights disappear''. This refers to what the present author has spoken about before under "Statute of Limitations". The reporter then states that, Bomberry seems intent to be patient and wait as long as it takes, meanwhile, if deals can be worked out with developers to at least accommodate Six Nations something, he is all for that. Bomberry told the reporter that in a way municipalities such as Brantford are off the hook, based on a decision by the British Columbia Court of Appeal in the Salmon Arm case which puts the responsibility of negotiating on the shoulders of the Crown, not the municipalities. In what seems to be a revealing statement, Bomberry says that continuing to push forward in the Courts may not be "cost efficient". Specifically, Litigation is expensive and it can drag out for years, ....... And especially something like this when you need historical experts. It could take years. I suppose we could push that issue if we wanted to, but we have chosen to try and get this worked out through negotiation, that's always the easier way to do it.

In looking at the wording of Bomberry's replies, the present author is led to wonder whether he has been shown a copy of the "Holmes Report" which basically makes it abundantly clear that the Province of Ontario has an intact and valid land registration system, and that all of the land claims cannot be supported - hence the Federal Government not agreeing to stamp any of them (except a couple of minor ones such as those relating to the land the railways obtained relatively recently). Just reading between the lines, I wonder whether because Bomberry is well versed in the law, he has read the Holmes Report and knows that Six Nations are up against a brick wall, and so he would rather focus on the claims where Six Nations alleges that the Federal Government is responsible for the supposed fiduciary issues relating to monies placed in trust for the Six Nations, involving "wrongful management".

If Bomberry has not been given a copy of the "Holmes Report" of 2009 (which I have discussed in detail in earlier posts), then it seems only fair and responsible to do so - even though commissioned by The Corporation of the City of Brantford in 2009 and submitted to Justice Harrison Arrell of the Superior Court of Ontario. Thus, in my opinion, Lonny Bomberry, the Director of Lands and Resources for the Elected Band Council should be privy to a copy of the "Holmes Report" in order to understand how it will be impacting the decisions of the Superior Court of Ontario. Also, the representatives of the Haudenosaunee Confederacy Chiefs Council (HCCC) should also have access to this document since, although not officially sanctioned or recognised by for example the Federal Government of Canada, they have legitimacy in the eyes of a significant number of Six Nations members. In my view, unless anyone wants to play Don Quixote, and in a futile way "tilt at windmills", the facts have to eventually be acknowledged so that everyone can move on knowing what is valid and true.

DeYo.