Work Stoppages at Land Developments No Longer Effective. Is HDI Now Using Archaelogy to Exert Power and Extort Money?

This post will focus on the latest efforts of the Hereditary Council to wrest control from the Elected Council of the lucrative "Archaeological Monitors" who are now required at development sites in a very loosely defined Six Nations Territory in Ontario.  Secondly it will focus on how the HDI have come up with a new strategy to engage in familiar practices - illegal work stoppages.  However, first I would like to provide my readers with a historical overview, one that can be offered from a personal standpoint.

General Background:  During the 1980s (about 1984 to 1994) I was a volunteer (hence, not paid) Archaeological Conservation Officer with the "Ontario Ministry of Citizenship and Culture", working out of the London office.  At that point there was no real legislation requiring developers to obtain an archaeological study of their property before development.  It was a bit of a free for all or "Wild West" in this field when I began, where "pot hunters" and "grave robbers" abounded - and there was little we could do to stop them.  There were many in the local area who had complete pots and grave goods in their collection, and generally the bones were just cast aside or the skull taken as a "souvenir".  If caught in the act and reported to the police the individuals could be charged under the "Cemeteries Act" - but that was rare and seldom enforced.  I tried to enlist the assistance of Six Nations people, since these were the remains of First Nations people from their territory.  Alas, I was met with blank stares when the subject was raised.  The only person who was on our team who was "status" First Nations was a young fellow from the Oneida of the Thames Reserve.  When controlled and legal excavations were done, such as that at the Mohawk Village in Brantford (which I helped excavate), I don't recall any interest from Six Nations people except those who worked at the old Mohawk Institute, what was called "Museum of the Woodland Indian" and later the "Woodland Indian Cultural Educational Center".  The professional archaeologists and I would use topographic maps, old survey maps and other means to locate the early settlements along the Grand River - but we did it without any interest or "interference" (either of which we would have welcomed at the time) from those who lived on Reserve.  Perhaps some readers may recall notable exceptions to this observation, and if so I would welcome hearing from them.

Now in 2014 things have changed and there is intense interest, and why would that be?  In a few words, "money" and "power - political gain".  More precisely, Ontario legislation has changed, and there is money to be made by simply showing up at an archaeological site; and a land claim can be brought into sharper focus in the public eye if there is for example a burial site situated on the land.  Even the suggestion of one has been known to put local officials into a panic.  This was the case at Toronto's High Park which then "justified" an "occupation" - even though it seems that the mounds were nothing more than the "moguls" created by mountain bikers to enhance their trail riding experience.

Today all archaeology in the Province is governed by the Ontario Heritage Act, and administered through the "Ontario Ministry of Tourism, Culture and Sport".  See here for the specifics.  There are many new laws and rules in place which are designed to protect the heritage of Ontario, including the heritage that lies under ground.  In addition the Cemeteries Act has been beefed up such that the finding of human bone, even on the surface, and even if from  a burial 1000 years ago, can result in that area being designated as a Cemetery and then protected by Ontario law, and the site administered by the local County.

As it now stands, an "Archaeological Assessment" is required before any development can proceed (see here).  These assessments are conducted by "Consultant Archaeologists" (professional archaeologists) who are governed by guidelines and standards of practice (as is the case in any profession including my own) as seen here.  One of the provisions, which has caused considerable difficulties for developers, professional archaeologists, and First Natives band councils is the requirement for "engaging aboriginal communities in archaeology" as seen here.  While this is a well intentioned requirement it creates numerous headaches such as for example who to contact in the event of a pre-contact archaeological discovery.  As an example, the First Nations people residing on the Grand River (e.g., Attiwandaronk or Neutral people) left no known descendants since they were utterly destroyed by the Five Nations in the mid 1600s in genocidal wars known as the "Beaver Wars" or "mourning wars".  Today the Six Nations of the Grand River and the Mississaugas of New Credit reside within the Grand River watershed.  Although not lineal descendants, one or both would need to be "consulted" or "engaged".  It becomes a little clearer with historic period remains when they can be linked to a village or settlement shown on surveyor's maps from 1790 onwards.

The policies and procedures to promote "engagement" are to offer "aboriginal communities" the opportunity to become involved in archaeology, including both fieldwork and as "monitors".  The Glossary to the above document defines Aboriginal monitors as, Aboriginal person(s) hired by the proponent, consultant archaeologist or the Aboriginal community to represent Aboriginal interests during the fieldwork component of an archaeological assessment.

As to involvement of Six Nations in archaeological work in Southwestern Ontario, the Ministry states in the above document that,

The standards and guidelines do not require you to negotiate agreements between the Aboriginal community and your client.

Basically it is a courtesy to involve "Aboriginal monitors" in the process - but in the reality of day to day archaeology those in the business know what developers know.  If you don't play ball with certain aboriginal groups, you will pay - actually you will pay anyway.

So from zero interest in 1994 we fast forward 20 years to a situation where professional archaeologists know that they have no choice but to involve aboriginal groups even if there is only a whiff of a chance that there is any archaeological site present.  As I well know, there is really no place in Southwestern Ontario that you will not find some evidence of aboriginal activity.  Most farmers have collections of arrowheads that they or their children have picked up over the years after the land has been ploughed.  So is a "site" the location where a stray chert flake is found?  In theory yes, but that simply does not make any sense since all legislation was designed to protect the heritage of Ontario and a random chert flake is probably of no more importance than a small fragment of a dinner plate disposed of 200 years ago by a Loyalist settler - unless it is a signal that there is a site of some significance to be located nearby.

So the professional archaeologists have attempted to involve aboriginal people in the process - but why is it different from the days when I was working as a volunteer in this area and could elicit virtually no interest in archaeological sites at for example Six Nations?  Something has changed, and it started with a generous move on the part of professional archaeologists to give formal training to archaeological monitors (who would ultimately be paid for the work they did).

The Association of Professional Archaeologists began offering courses and certificates to those from Six Nations, recommended by the Elected Council, who wished to participate.  The first class of student volunteers graduated in 2008 (see here).  Unfortunately, the factional divisions with the Hereditary Council, the "Confederacy" where beginning to be felt in 2009 (see here).  There seems to have been greater productive cooperation between all parties in work involving Anishinaabe peoples as seen here.

When the expectation of getting paid for this work came into the picture is unclear to me.  What I do know is that when the Hereditary Confederacy Chiefs Council and the Haudenosaunee Development Institute (HDI) became aware of the programme, and that the students who were graduating were those recommended by the Six Nations Elected Council they decided that this was unacceptable, and began inserting their own (untrained) monitors into the picture.  Thus on any development site, even in Hamilton (outside the Haldimand Tract) on development sites one might expect to see archaeological monitors from Six Nations, but it would be a mixture of those trained by the Association of Professional Archaeologists and recommended by the Elected Council, and those sent by the HDI.  Having talked to developers and city planners there was clearly confusion about the matter, and there were disagreements when it came to the bottom line - the money paid for this "work".  So for strictly political reasons, the HDI sent individuals (the same people who were stopping development in Haldimand County?) to every site where there was a possibility of getting paid remuneration.  In their recent newsletter, discussed in the previous posting, the HDI claims that they have 18 full time monitors - which is a claim I would like to see backed up with some facts, but they are not forthcoming.

So picture this.  There is a site which professional archaeologists have been called in to investigate and they locate an aboriginal component to the site.  They then call in aboriginal archaeological monitors, but now must deal with two independent groups at Six Nations, the trained Elected Council monitors, and the individuals deemed to be monitors by HDI.  Of course that is inefficient and makes no sense - unless one understands the politics at Six Nations.

Article in "Turtle Island News": entitled, Samsung/Six Nations solar park may have destroyed artifacts, July 16, 2014, p.4.  First it is important to note that the deal struck between Six Nations and Six Nations was actually with the legally constituted authority, the body recognized in law as having the right to negotiate with government or developers.  In other words Samsung made a deal with the Six Nations Elected Council (SNEC) through former Elected Chief William Montour and a sweet one it was - for $65 million dollars over 20 years - despite the objective fact that Six Nations has no legitimate claim whatsoever over the land on which the wind turbines and solar panels were to be built (as I have discussed in detail in previous postings).  One would expect that the Elected Council monitors would be involved in any Samsung project, but, undoubtedly enraged that they were not getting a slice of the pie from Samsung, the HDI sent its own "monitors" to do some poking around.  Now we come to the details of the current story.  According to this article,

Samsung/Six Nations' Grand Renewable Energy Park contractors may have destroyed a number of 10,000-year-old Haudenosaunee artifacts during construction last week.

        Comment:  Already we see serious misinformation. 

First, there were few to no people here 10,000 years ago - it was the end of the Ice Age and the land was less than hospitable due to the relatively recent retreat of the glacier that stood up to two miles in height.  Any site from this era would be the "find of a lifetime", there are so few such sites identified from this era in Ontario.  Any true site would be unlikely larger than an average lot on the Mountain in Hamilton - and the artifact "pickings" lean indeed.  Also, the area around Fisherville does not have the characteristics expected of a site dating to this time period.  Namely, this would be a constricted area in a River where caribou would congregate as a crossing point.  Also, the area was not near a large body of water such as Lake Erie, which at the proposed time was much smaller and thus further away from Fisherville.  Anyone interested in learning about Ontario's First Nations archaeological heritage would be well advised to read the book edited by Marit K. Munson and Susan M. Jamieson, Before Ontario: The Archaeology of a Province, Montreal & Kingston, McGill - Queen's University Press, 2013.

Secondly, there were no Haudenosaunee people alive at the time.  The Haudenosaunee emerged sometime after 900 AD, subsequent to migrating from what is today central Pennsylvania to Upstate New York (Finger Lakes Region and the Mohawk Valley).  The Confederacy, according to all academic sources, including those written by Six Nations authors, date the founding to between 1100 and 1500 AD (see a summary by the most respected archaeologist / historian of our time, Dean R. Snow, The Iroquois, Cambridge MA, Blackwell Publishers, 1996).  The author may be mistaking Haudenosaunee with Onkwehonwe people ("The Real People") which is a term often employed for the First Nations.  What also heightens my suspicion that the article is going to be portraying an HDI spin, is the picture showing an assemblage of artifacts that either date to Archaic or Woodland times, or are not artifacts at all, just naturally chipped stone.  Unless a person has relevant training in archaeology, they would be in no position to deem anything except an obvious arrowhead to be an artifact.  Scrapers and the like are notoriously difficult to identify by amateurs.  The story only gets stranger.

Continuing with what is said in the article, Contractors initially refused to halt work on the 750-acre solar farm near Fisherville in Haldimand County despite calls from the Haudenosaunee Development Institute (HDI) to bring construction to a standstill until a further investigation of the property is held.

        Comment:  First, Fisherville is outside the Haldimand Tract.  Furthermore, why did the legitimate monitors from the Elected Council not send up red flags over the matter.  Perhaps it is because a full investigation has already been completed and a report submitted by the professional archaeologists who in 2012 did the site survey - Stantec Consulting Ltd.  Such is the power of this unrecognized group to bring development to a halt.  In the past HDI has sent in goons to stand in front of construction equipment and create work stoppages.  That has resulted in their being slapped with Court Injunctions and fines in both Haldimand and Brant Counties.  Clearly another approach, more subtle perhaps, was needed.  Using an archaeological pretext would be perfect since there is legislation requiring construction to stop if archaeological finds are made.  So now send in "archaeological monitors" to sites that do not conform to the HDI protocol (pay them money) and it sanitizes things.

Apparently after some insistence by these "monitors" (if that is what they were), the construction company was badgered into moving work to another part of the site and the "affected area" cordoned off with yellow tape.  Meanwhile, the company, brought in independent archaeologists from the firm Stantec to work alongside Six Nations monitors.  When the site was "cleared for construction" something rather odd occurred as follows:

When HDI monitors checked the site after reports of artifacts being found, they discovered several more artifacts last Wednesday and placed them in a marked spot for safekeeping, only to find the artifacts went missing overnight Wednesday.

Grand Renewable Energy Park employees say they know nothing about the missing artifacts.  It is a criminal offence to remove artifacts from the site.

In less than five minutes on the site Thursday afternoon, monitor [named] found two handfuls of artifacts.  "That's enough to constitute a stage-three assessment".  "There's probably about 30 more (artifacts) out there".

The monitor agreed that, it wasn't common for archaeologists to miss finding that many artifacts.  "It shouldn't be but apparently, in Haldimand, it is".

Apparently the HDI monitors are having similar difficulties with NextEra (another project with which the Elected Council is involved), and "Sites are being Bulldozed over".  Apparently Samsung does not want HDI monitors there, because they don't want anybody finding sites.  The Director of the HDI stated that, the incident was a "deliberate" attempt to stop the HDI from discovering any further finds. 

        Comment:  The above statement is irresponsible.  The evidence that HDI has come up with is very sketchy.  There is an old technique called "salting the mine" meaning placing items somewhere to convince others that there is a significant site at that location.  Recall that all of these projects have had a full and thorough archaeological investigation, presumably under the watchful eye of Elected Council monitors.  Of course the latter are the bitter rivals of the HDI monitors so whatever they may have done will be derogated in the service of pretending that the HDI monitors (are they even trained?) are finding some sort of conspiracy to cover up evidence.  Just how many people are going to believe this is anyone's guess.  Since the Elected Council does not have a sympathetic media forum in which they could air their side of the story, we will only hear the HDI spin.

It will be useful to include the full quote of the Director of HDI as it is very revealing of the mind set here.  The Director said, "To me it was a deliberate interference of an investigation".  "It was an attempt to hide the oversight of previous archaeological assessment.  There was a big resistance.  They threatened to call in the OPP.  I told (contractors) if they did anything like that we would take measures to stop the whole project".  Also, the issue of the stolen artifacts needs to be addressed.

        Comment:  This is deja vu.  Threats to bring a project to a halt (by sending in thugs to stop the work) is exactly the same as has occurred with land developers who "did not go through the process".  In other words, anyone who does not play ball with the HDI, even though they have zero legal standing, can expect work disruptions and threats of violence.  The so called evidence that they are using in this case is absolutely bogus.  It is simply a convenient means to use in getting back on track after the series of Court Injunctions stopped them from using the "goons + work stoppage" method of extracting money and recognition when dealing with "difficult" groups (especially those aligned with the Elected Council).  Will the HDI be allowed to get away with this thinly veiled attempt to use a pretend find and pretend stolen artifacts to ramp up and once again engage in extortion to cultivate their end goals?  I seriously hope that the corporations, who I have no regard for by virtue of the environmental damage they are doing to the landscape of Ontario, seek the protection of the Court and that there is a full investigation of the legalities here.

DeYo.

















 

The Fence Around DCE Will be Constructed by the HDI Now; and the HDI Communications Protocol with Ontario has Expired

Update 27 July 2014:  Today I did a circuit of the DCE site and there was no evidence seen of the installation of a chain link fence or fence of any description.

Update 29 July 2014:  The HDI have begun erecting a fence on the north side of the property.  See here.

1)  Erection of Fence and Land Claim:  Today, 16 July 2014, "Turtle Island News" (TIN), the, it is said, publicity and propaganda arm of the Haudenosaunee Confederacy Chiefs Council (HCCC), included an article entitled, Neighbours' encroachment, garbage, group's protests force security (p.2).

Here the article claims that, Installation of a long-awaited safety fence at Kanonhstaton started last week to enclose the "former Douglas Creek Estates housing development site in Caledonia".  This would be the DCE.  The reason given for this action is a plan, to mitigate a recent increase in disruption at the site from non-native political activists and encroachment by neighbouring homeowners who are extending their yards onto the site or have thrown old furniture and garbage onto the land.  The work will be carried out by the Haudenosaunee Development Institute (HDI) under authority of the HCCC, according to the Director and spokesperson of the HDI.  This individual specifically blamed the confrontations over the past month on, non-native activists who bought a small piece of property on the site beside Gord's Garage - which the Director terms, "a trap for incitement.  They're going to keep trying to come on (to the property)"; whereas the group who illegally occupied DCE in 2006, have maintained a protective presence on the land ever since.  The Director boldly says that the land is no longer public, it's a private driveway.  It's our land, ......... we've taken it back".

"Two Row Times" (TRT), July 16th, 2014 has an article on page 3 entitled. Fence going up to protect Kanonhstaton.  Here we obtain much the same information as the report in TIN, but with a few additions of importance.  The Director of the HDI confirmed that it will be a chain link fence that is erected around DCE, and that, sometime within 7 to 10 days, the construction of the fencing and a front gate facing Argyle Street, would begin.  The Director also claims that the Plank Road (Argyle Street; old Highway 6) saying, That road is ours.  Also the Director, spoke of the authority of the HCCC in contrast to that of the Elected Band Council.

In the TRT article the Director of the HDI reportedly said, that since the people stood as a Nation to reclaim the land, Band Council or the Ontario (Government) should have no say if we want to put up a fence or a gate, or building a meeting area. 

Furthermore, "The people are not ready to take down that trailer right now because it represents violence that was coming upon us".  In fact the violence was coming entirely from Six Nations with arson (bridge burning), blockading Argyle Street with gravel, burning tires, and a stolen and vandalized Hydro One tower, etc.  How is this reality perverted into Six Nations being the victims of violence justifying leaving the hideous burned out big rig trailer in place.  It is a symbol of Six Nations violence against the innocent victims of Caledonia and surrounds!!  By leaving it present, it merely rubs salt into the wound any time we pass through the southern entrance (or exit) to Caledonia.

        Comment:  So basically the thugs and terrorists who stole the land in 2006, and who have trashed everything on the property except the wood ticks which are crawling all over the property, are claiming without authority (the land belongs to Ontario) that they have the right to build a fence around the stolen land.  If Ontario permits this travesty, I predict that there will be much more civil disobedience than has been seen to date as citizens realize the message here.  Why wouldn't locals, knowing it was an illegal fence on Ontario Government owned, land simply use local resources to remove it in whole or in part?

If allowed to actually construct a fence on land they merely claim, without any evidence, as their own it would set a precedent such that anyone can claim a patch of Ontario and call it their own and erect a fence to keep everyone else out.  The HDI supporters are not special in this regard, they merely think they are.  230 years ago my ancestors owned a large Tract on the Grand River confirmed to them by the Six Nations in Council as they were "people of our own nation".  I don't have this land in my possession at present  - it was sold out of the family long ago.  If I follow the HDI plan, then I will be able to go to the land, have some of my younger cousins camp out there, and start erecting a fence to keep out "non-natives" or whomever you want to call them and say,  The land is ours.  We owned it 230 years ago, and we've taken it back.  Is this ok?  There is no difference whatsoever with what the HDI have done and what I might propose to do if they set a precedent.

Also, according to the HDI, the elected representatives of the people are not the legitimate governing body.  This despite the fact that around the world, countries are attempting to come out of the Middle Ages and authoritarian rule by demagogues and seek a way to introduce democracy into their languishing countries.  When chiefs or heads of state are not accountable to the people, they are free to take full advantage of nepotism and favouring those who have "connections", and ensuring that there is no effective voice for those who disagree.  So the HDI would have Six Nations slip backward, not to some utopian time (which in fact never existed), but into the era where anarchy ruled on the Reserve and most who had a way out left or just laid low and kept a low profile.  I can guess who will rule with an iron fist if the HDI has their way.  Kim Jong Un and "banana republic" rule is but a short hop away in time - unless the people become aware of what is about to happen. 

2)  The Expiration of the Protocol with Ontario:  After a brief review of the "reclamation", the TIN article mentions that the meeting between the Ontario Aboriginal Affairs Minister, the Mayor of Haldimand County, and the Elected Chief of the Six Nations was, at odds with a communications protocol it [Ontario] signed with former Aboriginal Affairs Minister Kathleen Wynne, now the premier of Ontario.

"It was a very bold move on her part, ........... "Nobody else had done that.  It wasn't on conditions that the band had to be sitting there.  It was a recognition of the Confederacy first and foremost.  That's the process we've been working with.  That expired (a few weeks ago).  We've been waiting to renew that process".

The reporter continues, Last week's meeting, ............ took place only weeks after that communications protocol expired and there have been no attempts by Ontario to renew the protocol despite being contacted by the HDI.

The TIN article has the Director of the HDI attempt to rationalize why they were not at the negotiating table with the Province, County and Elected Council even though they were formally invited.  The explanation given was that, the HCCC would be happy to meet with their Ministers through the process they struck when Kathleen Wynne, who was Minister of Aboriginal affairs at the time, and came to the Longhouse and set up a communications process with the Confederacy.

"She was ballsy in setting up a table to talk without condition that the Band Council or Haldimand had to be there, when no other government had done that".  However the agreement, had expired in June 12, and that the HCCC has been waiting to renew that process.

        Comment:  It is probable the Ontario allowed the "protocol" to expire because that was the original intent, and it became clear in the intervening time just what the HDI, who represents the HCCC is.  Words such as "thugs", "extortionists" have come into play - and it has been apparent to all that in the intervening period the HDI has engaged in actions that are illegal, questionable at best, and they have no legal authority whatsoever to negotiate with anyone - that is the purview of the Six Nations Elected Council who did meet with the representatives of Ontario, and Haldimand County.  As a courtesy the HCCC was invited to send a Chief to attend, but they declined.  They are well aware that the Federal Government will never give them the land because it was ceded in 1844 and they have the documents to prove it.  So HDI hope that by leaning on the weak Ontario Government that they might get what they want - seemingly not realizing that as representatives of the Crown it would have to be the Federal Government who gave the ok to add the land to the Reserve.  This is a problematic procedure even when a claim has some validity since it takes the land out of a County's land base and can no longer be taxed.  Since it would be unfair to a County and its taxpaying citizens to "pick up the tab" it would likely be the Federal Government (the taxpayers of Canada) who would foot the bill.  It would not create any "happy campers" among those who pay taxes in this Country.

This subject is expanded upon by the same reporter in an article appearing on the same page of TIN, and entitled, Ontario's rushed meeting produced decision to meet again.  There is a lot of repetition here so I will fix on the part where there is some new information.  In essence, the article is about the "expired protocol" noted above.  The HDI Director said, That protocol ........ allowed for both Ontario and the HCCC to meet and discuss issues arising at, not just Kanonhstaton (the former Douglas Creek Estates subdivision) but on the Burtch Tract lands outside Brantford.

"We have been calling Ontario to discuss renewing the agreement but we are getting no where".

In the meanwhile trouble may be brewing in Caledonia as non-native activists continue to swarm the site .................

Next comes the warning, in light of these occurrences they [HCCC] are "deeply concerned for grave consequences" at Kanonhstaton over the ensuring summer months as the Ontario legislature takes a summer break.

Then the spin about the protocol (recently expired) is again mentioned, and as well as instructions for Ontario to remember that the Tsilhqot'in Supreme Court decision will apply to Six Nations (in other words the Elected Council does not represent nor is it the voice of the people).  I discussed this matter in a recent posting and it is only wishful thinking that anyone is going to draw a parallel between the Tsilhqot'in and Six Nations situations.  The HCCC spokesperson said that they want Ontario to return to the expired protocol provisions.  However Ontario is very clear about the matter at this point.  To be specific, Ontario is still holding the land in trust and has not turned it over to the Confederacy

        Comment:  Next in this article comes a statement that is absurd but which is always said, likely in the hope that people will have forgotten what the Federal Government has said in the matter - that Six Nations has no valid land claim to the property.  Here are the words from the article, Neither the federal or provincial governments have proven any surrender of the lands has taken place.  If one says this lie often enough perhaps some will believe them.  Basically the HDI is saying that they can do whatever they want to do at DCE, and no one else has a stake or say in the matter - it is their decision alone to make.  Considering their track record even after 2006 (work stoppages, violent encounters) it is a case of the pot calling the kettle black, and reversing victim status. 

This is a self-serving group which represents its own interests, and who will get rich on the backs of those who give in to their wild assertions, and will be empowered to do just about whatever they please because no one is calling them to task.  No one is challenging them - except maybe one blogger.  I seriously hope that there are many both on and off Reserve who are seeing the HDI for what they truly are - and recognize the dangers in dealing with them on any level.  If the HCCC wants to speak with some group they should not have assigned the HDI such a powerful role with, apparently, no checks and balance.  Who is overseeing them?  In theory the HCCC Chiefs and Clan Mothers, in practice ....................

Misuse of Funds?: ****  It is not only the Elected Council researchers who have concerns about possible misuse of funds.  People, even supporters, are (and have been) questioning HDI about what they are doing with the money they are receiving.  The "transparency issue" raised its head once again at the meeting at the barricade above where the HDI Director spoke about the fence going up at DCE, and the expiration of the protocol with the Province.  Then an female elder who was, one of the original group who took over the site Feb. 28th, 2006 questioned [Director] about the transparency of the HDI.

"As Haudenosaunee people, can we know what all these negotiations are about"? the elder asked of the Director who said that, "the door is always open".  The elder then said, "I'm glad to hear that because there's a lot of people that want to know about the money and where it has gone".  The Director then said they were currently "undergoing our audit" then explained about the, "three different columns" including:

1)  Administration dollars
2)  Lease money
3)  Land acquisition money

In relation to number 2 above, the Director said, "that is restricted", apparently only, "The people through their clans and their families, if you are participating with your clan family and know the process of the Confederacy, that's who gets to decide that".  Considering that most folks at Six Nations have no idea as to what clan they belong, it means that a select group of individuals will have the knowledge of where the monies are going from "lease money" but not the "everyday" citizens of Six Nations.  This will probably come back to bite the Director in the ......... but only time will tell.  The rest of this part of the answer to the Elder's question is gibberish to me, I don't understand at all what the Director is getting at. Expressions such as, "you stood as Nations even when the Chiefs told you to go home" is left hanging - perhaps not everything got recorded .................... It is all somewhat bizarre.

DeYo.

"Haudenosaunee Confederacy Chiefs Council Newsletter" - Very Revealing

I have a copy of the first Haudenosaunee Confederacy Chiefs Council Newsletter (July 2014).  Its format, although packaged to appear very friendly and informative, is clearly little more than a platform for the radical Haudenosaunee Development Institute.  It would be worth sifting through, paragraph by paragraph, to get a sense of what "the message" is that is being conveyed by this propaganda tool.  The contents will be listed by title of article within the Newsletter.

1)  She:koh:  In the sidebar they use the term "She:koh" (Sagoh - depending on the Six Nations language) or "Welcome".  Their goal is, about reaching Haudenosaunee citizens (some 16,000 readers).   Their goal is to, provide information about a variety of issues facing the HCCC, our departments, organizations or committees who are working towards the protection of Haudenosaunee rights, treaties, land rights, culture, language and future.  Here is where it gets interesting, and one can get clues as to the group backing this "friendly flyer", and the true agenda.  Specifically:

Our inaugural edition features our planning and development department the Haudenosaunee Development Institute, why it was created and its works to date.

There is, an exciting new website and YouTube Channel featuring talks with Haudenosaunee Development Institute (HDI) director Hazel E. Hill.  In other words the newsletter is in effect a propaganda tool for the HDI who dominates the HCCC.  They even have a toll free number where people are invited to provide feedback.

2)  What is the Confederacy?:  I don't take exception to this general overview except when they say, Often described as the oldest, participatory democracy on Earth, the Haudenosaunee Confederacy's constitution is believed to be a model for the American Constitution.  This information is unfounded.  The Confederacy is not a democracy in the true sense of the word.  Chiefs are appointed by Clan Mothers via inherited titles.  These Chiefs are responsible only to their Clan Mother from their Ohwachira (family lineage) who could dehorn (depose) them at any time.  In general council (originally at Onondaga, NY) Chiefs would pass resolutions back and forth across the longhouse until consensus was reached.  If consensus was not reached, there was nothing binding and all parties went their own way.  Where is the democracy in this system.  There were no elections, only appointments.  The business about the Six Nations Confederacy being the model for the American Constitution is an old belief, often stated, but there are virtually no academics who agree that the Confederacy had any role in shaping the ideas of the founding fathers of the 13 original colonies.  Old beliefs die hard.

3)  The Haudenosaunee Confederacy Chiefs Council:  Flipping over to the next page, we find a side bar with more focus on the HDI.  First it should be noted that the HDI have created their own very detailed Wikipedia page, seen here, although the editor notes that it has "multiple issues", perhaps the most damaging is the complete lack of any references.

In the Newsletter it says that the HCCC, has legislated the Haudenosaunee Development Institute ('HDI') to represent HCCC interests in the development of lands within areas of Haudenosaunee jurisdiction, including but not limited to the land prescribed by the Haldimand Proclamation and the 1701 Treaty area.  The true facts are clear, the HDI has zero jurisdiction beyond its own imagination.  The Six Nations have control over the present day Reserve #40 and 40b but nothing beyond this except what their fantasy dictates - and no legal rights over lands they ceded between 1787 and 1850 to the Crown.  The only way that they can exercise their false beliefs is to illegally occupy land owned by a third party and claim it as their own - as they have done with respect to the Douglas Creek Estates (DCE) in Caledonia.  All land outside present day Reserve boundaries is protected by Crown Patent, but the HDI will not accept what is legal and what the ancestors agreed to 170 years ago - they make their own rules and find their own version of history.  As to the Treaty of 1701, this is the fraudulent "Nanfan Treaty of 1701" which is a huge embarrassment, but is still cited as the basis for "rights and entitlements" within the entire Southwestern Ontario region.  I have discussed this ad nauseum in may previous postings, and much the same information can be found in Garry Horsnell's excellent summary found here.

4)  What is the Great Law?:  I don't really want to take exception to what is written here. 

5)  What is the HDI and How Does it Work?:  It is the next, much longer article, that is the most salient and is the main bulk of information (propaganda) provided in the Newsletter.  Some would say that this is a group which specializes in extortion and racketeering, but lets see what they have to say.  I will state what is written here, and try not to gag during this exercise.  They say,

The HDI process was established on the heels of the reclamation of the lands at Kanonhstaton (the former Douglas Creek Estates).

The Haudenosaunee Confederacy Chiefs Council (HCCC) found their monthly meeting agendas becoming filled with developers who were looking for sanctioning for their projects.  After realizing Ontario did not have a structured consultation process which developers could enter into, the HCCC created the HDI to provide that consultation process.

I will stop here and add some facts.  There were NO developers "lining up" - they occasionally capitulated to the demands put in place after the HDI sent their thugs to shake down the developers - we will continue to stop your work until you agree to our terms.  For a beginning, there was the "application fee" which was the ultimate and only goal.  If developers did not want to have goons sitting on their equipment and barricading their projects, they would have to pony up for example $7,000 - for starters.  If this was any other group they would be arrested and charged with extortion.  However this is a "Native" group and their is a double standard at present where this group can get away with things even the Mafia of Naples or Palermo would not dare do.  This insanity has continued to this day - although took a significant hit once developers in Hagersville, Cayuga and Brantford sought and obtained Court Injunctions to keep the goons away.  The HDI and their "representatives" have been taken to Court on many occasions and have ALWAYS lost - with damages being assigned to developers.  The most dramatic and detailed case was put before Justice Harrison Arrell of the Superior Court of Ontario whose initial fines levied against the HDI were over $800,000, dropped to $350,000 and settled for $125,000.  After the ruling in November of 2009 the HDI kept a lower profile and sent in representatives in the form of Men's Fire to take over the shakedown end of things.  However recently the HDI, perhaps after the fine was paid, have come out of hiding and are front and center at the barricades in Caledonia in 2014, and leading the charge to fence the DCE property, pretend they have a legal land registry system, and argue that they, not the Province of Ontario, own DCE.

There are numerous articles on the shady dealings of the HDI, so the following (see here) on their losing their appeal in the fine levied against them in the Brantford Injunction case will give a flavor of what is out there.

So out of the shadows the HDI appears, and now claims that they are the "chosen ones", selected to enforce the HCCC God given rules, or in their terms, no one else besides the collective voice of the HCCC can speak to the treaty rights on behalf of its citizens.  We have seen many groups, including band councils ...... attempting or purporting to speak on behalf of the Haudenosaunee with respect to our land rights and treaty rights, but those groups and / or individuals have no authority and cannot abrogate or derogate from the instructions and process that Sonkwiontison through the Peacemaker, delegated to the HCCC.  This "lawyer speak" is saying that the HCCC do not recognize the authority of the Six Nations Elected Council, the duly constituted authority on the Six Nations Reserve, and the only legally constituted body authorized to for example negotiate with Ontario or the Federal Government - this is a fact, the HDI version is spin / wishful thinking.

They include a sub heading entitled, "Engagement Process" where they go on to say that have a "unique" consultation process (in Canada perhaps, but not Palermo), which, provides for a more open, transparent and participatory process for the people.  Well now, that is a stretch, since there have been chronic complaints on the Reserve (and reported in the Reserve newspapers - including "Tekawenake" the only objective paper, but is was put out of business) that there is zero transparency with respect to the HDI funds.  What happens to the money obtained in shakedowns of developers.  Into whose pocket(s) does it go?  No one outside HDI seems to know.  Do the HCCC Chiefs or Clan Mothers know?

6)  Update on Projects:

a)  First Solar - they received $90,000 from this "Green Energy" group to, they say, commence the Haudenosaunee Archaeology Monitoring Programm which began with just one (1) monitor, and advanced to eighteen (18) full-time monitors.  The company has no need to do this.  The SNEC had already reached an agreement with the Ontario Professional Archaeology group to train monitors.  It does not appear that any HCCC monitors have any training in the field and are likely in no position to make any sort of informed decisions, other than how much money they are going to demand for their services.  I know of this problem from my contacts in Hamilton where projects have been held up for weeks or longer because there were unreasonable demands for money coming from the HCCC "monitors".  This is making a mockery out of the process and intent of preserving our archaeological heritage.  Apparently this is the tip of the iceberg since the HDI is for example extracting money from Union Gas for training monitors in the environmental field.  How and by whom are these individuals trained is a question that should be asked.

b)  Samsung - apparently things aren't going well here.  There were reports (posted here) that Samsung was to give $65 million to Six Nations, Elected Council, over 20 years.  Getting wind of this the HDI apparently "laid down the law" to Samsung about their "engagement process", but Difficulties have arisen due to the fact that Samsung and its partners continue to attempt to unilaterally determine what justification they are willing to provide to the Haudenosaunee for the treaty infringement, without providing any explanation and / or financial documentation to support their limited offer.  One can only hope that my letters to Samsung officials about the bogus treaty rights have had some effect.

c)  City of Brantford - here they discuss the litigation and resultant fines against HDI and others.  They seem to laugh it off and assert that they only paid anything, Given the HCCC's concern over Haudenosaunee citizens who own property 'off reserve' being targeted by the City, so agreed to settle for and undisclosed sum (it was $125,000).  Apparently the City of Brantford now refuses to participate in the HDI "Engagement Process".  Is that a surprise given the circumstances?

d)  Eagle's Nest - this involves the ongoing dispute between the HDI and the "Mohawks of the Iroquois Confederacy" ("Mohawks of the Grand River", formerly "Kanata Mohawks", formerly "Mohawk Workers"). 

Land Leases Already Approved:  All of what follows hinges on the bogus / fraudulent Nanfan Treaty of 1701 relating to lands in Southwestern Ontario.  Apparently HDI has succeeded in convincing some corporations that they have real treaty rights.  One wonders that when the truth is widely known whether they will be required to pay back all these ill gotten gains with interest.  Of course being 'on Reserve' means that no one can come after their assets there - sweet.

NextEra (or NexTerror as those in the anti Wind Turbine movement call this company), Silvercreek Solar, Pattern Energy, Capital Power have all coughed up money to HDI, usually over a period of 20 years (the length of time the wind energy turbines will operate before being "decommissioned".  In addition, the HDI have managed to convince various companies to provide land lease revenues.

        Comment:  The Elected Council is also into negotiations with, and receiving funds from, some of the corporations named above (plus others).  Isn't this a form of "double dipping" especially when you are fishing in a pond that is not yours.

Next we come to the bottom line of this Newsletter which is entitled:

Haudenosaunee Land Acquisition Revenues:  I will quote from this section and readers can draw their own conclusions.  HDI operates on key principles.  These principles are:

- no surrender of lands
- compensation for all past land leases/losses
- lease monies for future projects
- land

The HDI has ensured that these 4 founding principles are worked in to every engagement process that the HCCC is considering and therefore nearly all of the recent agreements have included a set amount of financial support to assist the Haudenosaunee in expanding its current land base.

These funds will be set up in a separate account specifically used as a land acquisition fund.  It is the HCCC's goal to acquire at least 500 additional acres of land to be registered in the Haudenosaunee land registry for use and benefit of our future generations.

If you wish to contact the HCCC, there is an Haudenosaunee Development Hotline at 1-844-445-4222.  Their website will be www.haudenosauneeconfederacy.com.

DeYo.

Will the Supreme Court Decision in the B.C.Tsilhqot'in Claim Affect Six Nations?

Tsilhqot'in First Nation Title and Rights Case (British Columbia):

The Haudenosaunee Confederacy Chiefs Council (HCCC0 and their enforcement arm the Haudenosaunee Development Institute (HDI) seem to be wringing their collective hands in glee over this following Court case.  Perhaps this is a hasty and precipitous response.  First we will need to look at the details of the Supreme Court decision, and the way that the HCCC et al. see it as impacting their situation, particularly in relation to their legally subordinate status to the Six Nations Elected Council.

Unfortunately the Province of British Columbia has been deficient in addressing the claimed treaty rights of its aboriginal people, in contrast to Ontario which has treaties (largely from the 19th Century) covering the entire Province.  Thus in B.C. many bands have been relegated to the area immediately surrounding their villages.  They claim that their aboriginal rights extend far beyond these small patches, which is doubtless true - but how far, that is the sticky question.  The can of worms has finally been opened.

For years commercial logging operations have been harvesting timber within the territory claimed by the Tsilhqot'in First Nations (TFN), who are clustered in 7 villages southwest of Williams Lake.  For years the Tsilhqot'in people have been claiming that this is an infringement on their aboriginal rights - it is land that is traditionally theirs, and they need to be consulted before any commercial activity takes place within this domain.  One of the stumbling blocks, in addition to the B.C. Government dragging its heels, is that the group did not have a geographical aboriginal territory that had been surveyed or in any other way clearly defined.  A serious problem is that the 59 aboriginal groups have competing interests (overlapping claims to land) in certain regions.  Thus, before any ruling could be made, it was imperative to ascertain clear evidence to support the Tsilhqot'in claim.

There are many media articles on the subject, and it is not necessary for my purposes to be comprehensive, so I would refer interested parties to articles such as the one here from the CBC.  The Supreme Court of Canada heard the case and ruled on 26 June 2014 in favour of the Tsilhqot'in position.  It awarded 438,000 hectacres of land to the TFN as aboriginal territory.  Although they must not sell this land, they must be consulted by any party who wishes to establish any sort of commercial activity (e.g., logging, pipeline, resource extraction) within these boundaries.  The geographical boundaries were established with the help of academics, and fieldwork to collect oral histories.  Quoting from the above article:

Kent McNeil wrote the book on aboriginal title — and a number of learned articles to boot. His book, Common Law Aboriginal Title, was one of the texts cited in the Supreme Court's decision.

He would agree with John that there is no question about land anymore — if you're Tsilhqot'in.

 

The Tsilhqot'in First Nation is asking the Supreme Court of Canada to recognize its aboriginal title over a wide area to the south and west of Williams Lake and Alexis Creek, which it considers its traditional territory. (CBC)
 

Must establish borders on the ground

"Each First Nation is going to have to establish where its aboriginal title is on the ground," McNeil pointed out. So giving up on negotiations and going to court has risks. 

"The outcome in court is, yes, they are, no doubt, going to be able to prove they have aboriginal title. But the extent will depend on the evidence," he explained. In the Tsilhqot'in case, the original trial judge took five years to outline the borders of their title claim. And that involved visits to the land and talking with elders for oral historical evidence among other sources.

"So it's not necessarily a better option. They've got a much stronger hand than they had before in the negotiations" and, said McNeil, that's because governments can no longer argue that aboriginals only have title to the postage stamp-sized areas that were their villages.

Implications of this Ruling:  There are other First Nations, both within B.C. and others such as Inuit groups, and the groups whose aboriginal territories include the James Bay watershed in Quebec, who want to re-open negotiations.  Actually a more accurate statement is that their legal advisors have told them that it would be worthwhile to proceed in a manner similar to the Tsilhqot'in.  I am not in a position to comment about these possible claims, but it is time to turn to what some at Six Nations have said in relation to the Supreme Court decision.

What this Means for Six Nations:  Before I delve into how some at Six Nations have jumped on this ruling, and provide the specific statements of various parties, I would like to mention some facts that should be (but aren't) obvious:

1)  Ontario has already negotiated actual treaties and purchased the land outright from the aboriginal owners.  These treaties and surrenders are largely found in, Canada, Indian Treaties and Surrenders from 1680 to 1890 - in Two Volumes, Ottawa, Queen's Printer, 1891.  The situation in British Columbia is in no way comparable to what the circumstances are in Ontario.

2)  The Six Nations are not aboriginal to Ontario but rather what is today Upstate New York.  While most Six Nations are adamantly opposed to this reality, this statement is easily verifiable.  The Six Nations came to what is today Ontario as Loyalist refugees in 1785.  There had been Loyalist settlements in the Niagara Penninsula from about 1779 by elderly members of Butler's Rangers.  By 1783 Loyalist refugees of all racial - ethnic - cultural backgrounds were already flooding into Ontario from the present day eastern border to the western border in the Windsor area.  This is two years before the Six Nations moved from the American side of the Niagara River to occupy the Grand River Tract.  The land that was to become the Haldimand or Grand River Tract was purchased by Governor Sir Frederick Haldimand from the Mississauga (an Anishinaabe / Algonquin people) who were the aboriginal owners of the land.  The Grand River Tract is the aboriginal territory of the Mississauga, who sold all right, title and deed to the Crown in 1784.  An excellent overview of this subject can be found in Garry Horsnell's article and viewed here.

So in effect, the above decision has no impact on the Six Nations of Ontario.

The above are the facts in the matter.  I will now provide what information is available to date on:

How the Six Nations Interpret the Tsilhqot'in Decision:  Facts and fantasy often get confused in Six Nations politics.  While the Haudenosaunee Development Institute is the enforcement arm of the HCCC, the newspaper "Turtle Island News" is its voice, with the Editorials and reporting consistently in favour of the HCCC over the Six Nations Elected Council (SNEC).  Since the only other Reserve newspaper is managed (at the operational and editorial level) by non-Native Communist Party of Canada activists, it is clear that the Elected Council can expect to have little support from the local media.

In an article entitled, Haudenosaunee Confederacy says Ontario can end any violence ("Turtle Island News" (TIN), July 9, 2014, p.2) in a press release of 8 July 2014 directed to the Province of Ontario, the HCCC said that they want, to maintain a "path of peace and friendship" and return to the agreed upon resolution process i.e. the Communications Protocol discussions".  Furthermore they are "deeply concerned that there will be grave consequences for all people involved should the Crown's inaction continue.  We will make ourselves available to meet with your Ministers through the Communications Protocol negotiation process at which time we will meaningfully consider how best to continue with our reconciliation efforts".   This statement was issued after they had turned down an opportunity to meet with the various Ministers.  However since a "representative of the Indian Act system" (Elected Council) would be present, they declined to attend.  Apparently it is "our way or our way".  Who would negotiate under direct threat with an element that has been involved in criminal activities for which they (HDI members) were assigned hefty fines by the Ontario Superior Court in Brantford.  Their extortion methods had been put to the test and failed.  Here is where we come to the part which brings the Tsilhqot'in decision into play.

The HCCC press release, according to the article in TIN, said the following.  The release also reminded Ontario of a Supreme Court decision in the Tsilhqot'in title and rights case which determined that that Band Councils do not have the ability in Canadian law to represent the collective rights and interests of the original peoples of this land.

"We find ourselves in agreement with the Supreme Court of Canada's endorsement of the Honourable Justice Vickers following statement:

"While band level organization may have meaning to a Canadian federal bureaucracy, it is without any meaning in the resolution of Aboriginal title and rights for Tsilhqot'in people".

So what does this decision have to do with Six Nations Band members?  Nothing.  The Judge was speaking ONLY of situation concerning the Tsilhqot'in people, and to extrapolate any further is unwarranted cherry picking.  The only way to find out if this would be deemed true is to test it in an Ontario Court.  However due to the above two conditions (treaties have been made with the First Nations peoples of Ontario; and the Mississauga not the Six Nations are aboriginal to the lands upon which the latter are making a claim) it would be a futile endeavour.

Perhaps the HCCC and their legal advisors think that they can pull the wool over everyone's eyes here, but Ontario would only cave for other reasons, not the ruling in British Columbia.

Clearly it is the B.C. ruling that has given new vigour to the assertions of the HCCC, but energized or not - they are following a false path that will lead to a dead end.  It is understandable that most people do not have the skills needed to challenge their claim in the Court of public opinion - although I really doubt that any but their hard core supporters would see the parallel they are trying to draw.

        Interpretation:  The HCCC has refused to recognize the legal right of the Elected Council (SNEC) since 1924.  This is nothing but a continuation of this factional squabble, with an attempt at using the Tsilhqot'in decision to jockey for more power and diminish the role of SNEC.  In my opinion this latest assertion is a desperate ploy on the part of the HCCC legal staff, and will backfire in both the legal Courts and the court of public opinion.  It does not seem that the HCCC is getting the best of advice, and may as a consequence make a serious misstep.  The Ontario Government requested their presence at a meeting to discuss the problem and they refused (yet are calling for meetings with Ontario, under their terms).  The Federal Government has already repeatedly deemed the land claim to be invalid and thus the Six Nations who occupy the Douglas Creek Estates are there illegally, and occupying Ontario Government owned land while refusing entry to any citizen of Ontario except those who they have deemed to be worthy.  The Ontario Government has title to the DCE, and Haldimand County has title to the roads (such as the blockaded Surrey Street) leading into DCE.  The HCCC has no legal rights whatsoever, and their  hugely expensive illegal acts plus intimidation and threats of violence cannot be tolerated by the taxpayers of Canada (who are footing the bill) and citizens of Caledonia (who are on the front lines) any longer.  What they are doing is illegal and immoral.

DeYo.

Radical's Abusive Disrespect of Six Nations Female Elder at DCE Barricade. Disrespect is Endemic

Disrespect of Protesters Toward their own Female Elders - 5 July 2014:  I expect that the following video will "go viral" across North America - for a number of reasons.  One of these would be the belief that Six Nations people have reverence towards their elders, and a particular respect for women due to their traditional role within Six Nations culture.  That is apparently a fallacy.

The "rank and file" among the activists at the barricade are also influencing events.  The metaphorical body of the serpent, especially the underbelly, can still have an influence on events or their perception.  People should remember to be careful what you say, especially when you know that there are cameras rolling.  Some amazing things get caught on tape.  Some people have little in the way of filters or self control. At the time that this incident was video taped I was nearby, but the person "featured" in the video was hurling so many insults and threats at so many people, it was hard to keep track of what was going on.  About this time I had asked him if he had any words in his vocabulary that don't begin with the word "f" - trying to get him to tone things down. 

Hence the importance of videotaping, and the key role of an excellent videographer.  The individual shown here was abusive (issuing coarse language, threats) to others including myself at various other points during the melee.  Also they have been seen in videos or photographs engaging in anti-social acts such as hurling tires on the fire burning in the middle of Argyle Street in 2006.  I do wish to emphasize that while there is a strong element of this type present among the protesters, they do not make up the majority of the Six Nations folks there even at the barricade.  Without any doubt, there will be general condemnation of actions such as these by the vast majority of the good people of Six Nations.

The camera and the audio don't lie, they tell a story, in this case a rather sordid one that has got to be embarrassing to people on both sides of the barricade.  It has already been published to the Internet so I am merely making it accessible to my readers - but with some hesitancy due to the graphic nature of the content.

The video from CANACE HD (see home page here) was taken during the melee of 5 July 2014 at the barricade across Surrey Street, Caledonia.  Before viewing please be aware that there is extreme vulgar / coarse language directed towards one (Six Nations) woman, and sexually oriented threats towards the daughter of another woman.  It will be upsetting for some viewers.  At best it is suitable only for those over 18 - although even at any age it has the potential of causing distress.  If you decide to view the video even after these warnings, click here.  You will gain insight into what we in Caledonia, as well as Six Nations moderates, must endure during this conflict. 

Disrespect of Protesters Toward the Ontario Judicial System - 2007 and 2008:  There is a huge undercurrent of angry disrespect that is rampant at Six Nations and we who are on the front lines know it from direct experience, but it even shows itself in situations where there are strict and enforced protocols on behavior - such as at proceedings held in Ontario Provincial Court in Cayuga.  I have worked in this setting and know full well what is allowed, and what crosses a line.  For example if you shout out in Court you will be removed by the Bailiff - although in some cases you may be given a warning first.  What I have never seen in all my days in Court, testifying as an expert witness, is the degree of blatant disrespect shown by some Six Nations individuals - it appears to be endemic, not merely isolated instances.  I have heard of many examples, but perhaps it is best to quote from a reporter, ensuring that my biases will not enter into the mix.  Christie Blatchford covered some of the trials of the perpetrators of crimes related to the DCE or smoke shack incidents.  As Blatchford says Christie Blatchford, Helpless: Caledonia's Nightmare of Fear and Anarchy, and How the Law Failed All of Us, Toronto, Doubleday Canada, 2010), and I know to be true from my own direct experience, is that normally Court officials such as bailiffs take their role very seriously - maintaining Court decorum.  This is why the trial of A Douglas had a dramatic impact on the OPP officers who were waiting to testify.  No doubt they had never seen anything remotely resembling what they were about to witness.

By the end of 2007 and early 2008 many of the criminal charges and trials relating to the violent DCE takeover had reached the stage of requiring the accused to appear in Court.  Friends and relatives are allowed to attend and to sit in the gallery, but they are expected to maintain the dignity and decorum of the Court.  Apparently no one has informed many at Six Nations of what should be common sense.  Here the OPP officers witnessed in "the graceful old Cayuga courthouse" with,

angry supporters sitting, and sometimes standing, in the body of the Court, yelling out "Who is the army that can arrest this judge?" and "Why don't you let him [Douglas] the fuck out?".  There was audible hissing and swearing, and hostility so naked that the complete lack of security precautions genuinely began to worry the police (pp.225-226)  However when all this misbehavior was brought to the attention of everyone from Crown attorneys to the Judge - no one did anything.  And if it had been a "regular" Canadian citizen behaving in the same way, I can assure one and all that there would have been all hell to pay.  However there is a separate set of rules for "Natives" who "get a pass on misbehavior".

On 19 December 2007, in front of an OPP officer, the co-accused of Douglas, T Miller when the OPP officer heard Miller say, "That f*cking Crown, I could take his f*cking head off!"  The same day one of the "Natives" present came up to the Crown Attorney and said, "I'm somebody who knows everyone.  You'd be surprised who we know; we have pictures and we know where they live".  If that is not a threat, then I don't know the meaning of the term.  All officials, from the OPP brass to the Court officers, refused to take any action - including beefing up Court security!  So it should be no surprise that when Douglas made his next Court appearance, both Miller and the unidentified man who made the threats were allowed into the Court (unheard of in other venues).  It should be no surprise also that the supporters of Douglas were, loudly muttering curses and epithets such as "You racist" (p.228) in the direction of the same Crown attorney.  Then the most disgusting actions probably every witnessed in Court in Cayuga (or most other venues) occurred.  When Douglas was led out to the clapping and cheering of supporters, a teenager, at the very front of the courtroom looked directly at Judge Joe Nadel and shouted, in a clear voice, "You f*cking piece of shit!".  To a Judge!!!!  While OPP officers from various parts of the courtroom heard the comment, the Judge simply continued to write and appears to have ignored the despicable comment.

        Comment:  So this is what we are dealing with.  People who have no respect for anyone or anything, not the Court, not even their own Elders.  They are a law unto themselves and have degenerated into a sub-species who certainly cannot behave civilly in any human interaction.  The behavior is low class - no class as it would be in any society.  Normally there would be severe sanctions for such actions, but here, if it is committed by someone considered to be "Native", then the normal rules are not only bent but dispensed with to avoid confrontation.  So the Courts and others have acted as enablers and we can expect these sorts of grotesquely inappropriate behavior as long as the Court does not use its authority to maintain a single standard of law for all people regardless of racial - ethnic - cultural background.  While on the barricades pretty much anything goes in terms of name calling, and the OPP are the recipients of all sorts of gross comments, but they don't have any authority to stop it - but in the Courts, there are rules in this context, and if broken there are consequences that can be directed at perpetrators.  I do not have any evidence that the situation has changed.

I just have to groan when I hear ill informed non-Natives talk about the respectfulness that Natives show.  Really, have you ever been to Haldimand County?

DeYo.

Legal Problems for the Haudenosaunee Development Institute (HDI)? The Law Society of Upper Canada

A)  Leaders of Non-Native Solidarity Groups:  In 2012, non-Native solidarity groups, composed at least at the leadership level of radical unionists, Communits, Anarchists, and members of anti - Semitic groups (e.g., those supporting Hamas and Palestinian militants), flocked to the side of the Six Nations to give (whether it was asked for or not) advice and support.  This had happened on a number of occasions since the "reclamation" of Douglas Creek Estates (DCE) in 2006, but became most apparent to Caledonia when one of their number, Tom Keefer, organized a "picnic" and a "parade" in the spring of 2012 which shut down the town as the protest march proceeded from Edinburgh Square on the north side of town, across the bridge, and south to DCE.  See here for a balanced description of the "event".  There are a number of issues involved here:

1)  They had no permits for what was euphemistically called a "parade", but were still allowed by Haldimand County and the Ontario Provincial Police (who provided traffic control for them) to proceed.

2)  They had among their ranks known terrorist groups such as members of a Palestinian group, and the Black Panthers - all proudly carrying the flags as symbols of their role as our oppressors.

3)  The parade shut down the already economically bruised Caledonia on a Saturday for the key business hours resulting in economic hardship for local businesses.

4)  Those marching with this group were largely very naïve individuals, such as the students of the leaders of the march, who did not have the remotest grasp of the complexity of what we in Caledonia have experienced.

5)  The "parade" only served to open old wounds (the then Six Nations Elected Council Chief expressed the same opinion).

There is a concept with which I have been long familiar.  Metaphorically expressed, we can look at disreputable groups as snakes.  There is the long wiggly body which, although it is very "showy" and generates a lot of activity, is not by itself dangerous.  Even the noisy tail of the rattlesnake is harmless, although it may send chills down the spines of those who hear it.  What one has to be concerned with is the head of the snake (or serpent).  Here is where the sensing and decision making parts are situated, as well as the fangs and the poison which can maim or kill.  Hence it makes little sense to worry about the former, it is the latter that needs to be "dealt with" in order to remove the danger.

It was strongly maintained that their leaders (the heads of the serpents) had acted irresponsibly and that there should be consequences.  Since all were university graduate students from the Toronto and Kitchener - Waterloo area, a number of us, including community members and our representatives, wrote to the supervisors of these students in the Departments of History and Political Science, as well as the university chancellors.  What we said was that your students are causing a lot of pain and suffering to innocent members of a small community in rural Ontario, and that as the supervisors of these students you bear some responsibility in ensuring that their actions are not illegal or damaging to others.  This campaign seemed to bear fruit - although the supervisors and chancellors talked about the rights to free speech and the like.  We agreed with them, but asserted that if anything went "really wrong", they would be held accountable as well as their students.  It may be just a coincidence, but since the infamous "parade" the "support groups" took a very low profile and amounted to only a handful being present at DCE during protests by local residents.  Some were never to be seen again in this area.

So a reasonable conclusion is that by deploying actions designed to remove the head of the serpent, we may be able to reduce some of the problems (e.g., violent agitation) to more manageable levels.

B)  Legal Representative of the HCCC and HDI:  This brings us to 2014 where our main problem is the outlandish behavior of the Haudenosaunee Confederacy Chiefs Council (HCCC) and the Haudenosaunee Development Institute (HDI), as seen in many of the previous postings to this blog.  Most recently, through their legal representative who is a member of the Law Society of Upper Canada (required for all lawyers in Ontario) which regulates activities of lawyers throughout the Province, they have issued a press release warning everyone of "grave consequences" if the Province does not negotiate with them using the HCCC "accommodation protocol".  As a host of one of the programmes on "Sun News TV" said, "that's a threat".  Correct.  Here follows a summary list of some of the alleged questionable actions of the legal representative of the HCCC / HDI:

1)  Issuing threats.
2)  Recommending and supporting an illegal occupation of lands owned first by a private individual and later the Province of Ontario.
3)  Extortion (e.g., demanding that developers use the "application process" / paying a fee in order to avoid work stoppages).
4)  Racketeering.
5)  Knowingly issuing false statements.
6)  Acting irresponsibly in negotiations with government.
7)  Sowing dissention within the community (further driving a wedge between the Elected Council and HCCC supporters).
8)  Failure to obey a Court Injunction.
9)  Removing assets to the Reserve in order to avoid paying a fine issued by the Superior Court of Ontario.

This is just for starters.

If in fact the legal representative of the HCCC / HDI has engaged in criminal and / or unethical acts, it is possible that the Law Society of Upper Canada (LSUC) will remove their right to practice law in Ontario (see here).  Here is an excerpt from their "The Complaints Process: Information for Complainants" page:

The Law Society of Upper Canada has a duty to regulate Ontario lawyers and licensed paralegals in the public interest.

As a part of carrying out that duty, we deal with complaints from members of the public about lawyers and paralegals. We also respond to information about unlicensed practitioners who are providing legal services or practising law.

If you have a complaint about a lawyer or paralegal, read this page.

NOTE: If you choose to make a complaint, you must do so in writing by completing this form.

If the legal representative of the HCCC / HDI is removed due to malpractice, then these groups will be rudderless and considerably less organized and effective in carrying out their disruptive illegal practices.

In life one does not get very far by tippy toeing around.  Only entirely legal but firm and direct action is likely to succeed.  Therefore such action needs to be taken to remove the head of the serpent through the reporting procedures of the LSUC.

If the legal representative of the HCCC / HDI has not resigned their position within one week (7 days) of this posting, and given public notice of such action, I will need to seriously contemplate making a formal complaint to the LSUC.  See here for procedures required, and here for a copy of the complaint form.

It is suggested that multiple individuals make submissions in the matter, but only if in all honesty they believe that there is a case that can be made for malpractice.  It would be unfair to tarnish the reputation of someone who is acting entirely within the confines of the law and standards of practice of their profession.

DeYo.

THIS TIME IT IS DIFFERENT: Massive Media Coverage & Canadians Overwhelming Support Caledonians in Land Dispute

While for years now the media has virtually ignored us, joining the Ontario Provincial Police and the Government of Ontario as those we perceived as having deserted us to our fate.  In the last two weeks there has been almost constant (even daily) media newspaper articles as well as TV reports and interviews.  The online comments to these stories are overwhelmingly supportive of us - and the anger towards the "Natives" is palpable.  Now people are questioning why they get Government cheques yet disrespect the Government and create costly and destructive situations which they turn around and blame the victims (Caledonians), the Federal Government, the Ontario Government, the Ontario Provincial Police, and anyone but themselves.  Clearly the "average Canadian" is fed up with the whining coming from Native groups, the violence, the threats, the misuse of funds and so on. 

What the Haudenosaunee Confederacy Chiefs Council and Haudenosaunee Development Institute do not seem to realize is that virtually everyone sees them for what they are - a group led by terrorists and thugs.  No longer perceived as a victim of "colonialism" or "racism" - terms for which Canadians no longer have patience, the HCCC / HDI spin masters are going to have a serious uphill battle this time around.  What really got people, even former supporters, thoroughly disgusted are recent statements which amount to nothing more nothing less than threats.  If "the government" does not negotiate (translation - give in completely to our demands), then there will be "dire consequences", that will make 2006 seem like a tea party. 

After the virtual  "media blackout" in relation to events in Caledonia post 2006, it might have been the fact that in 2011 the then 22 year old Richard Smoke got a Court sentence of less than two years for beating builder Sam Gaultieri almost to death in his own home after a break and enter - still threatening others; and whose family and supporters showed the ultimate in class act in failing to rise when the presiding judge entered the Court.  This pitiful situation where there was a double standard in sentencing (a non-Native person would have expected a sentence of about 8 years) echoes what we still experience in Caledonia - one set of rules for those classed as "Natives", and another set of rules for those classed as "non-Native".  Live here as I do and you see it play out time and time and time again.  So Mr. Smoke is now out and I wonder how he is getting on.  There are no photos of him on the Internet, so those of us who would like to know if we are facing him along the barricades simply don't know.  There was general outrage against this travesty of justice, as reflected in the article by Peter Worthington, Sentence too lenient, in the "Toronto Sun", 26 December 2011 (see here).  The comments section will illustrate how Canadians feel about a double standard in sentencing where the fact that Smoke's grandparents were in Residental School.  So therefore he is less culpable.  Alas, this makes no sense because the "Mohawk Institute" Residental School is on the Six Nations Reserve and within walking distance of anyone's home there.  The public doesn't know that of course, and it sounds so "compassionate" to take this into account, but it is an irrelevant factor - and Mr. Gaultieri has to live a lifetime with permanent brain damage caused by Smoke's liberal use of a 2x4 piece of wood.

It is as if the media now can't get enough of our situation and has finally come to the conclusion - how were they able to endure the abuse, and importantly, why should they have to continue to live in fear with anarchy and violence on their doorstep, and without the protections all other Canadians take for granted?

Here is a sample of some of the media coverage that should be watched in full:

Sun News TV (Toronto): Six Nations chiefs warn of 'grave consequences' if talks with province break down. Click here.  On this page there are a series of reports and interviews which shed light on the changing views of the general public on what we have been forced to endure for 8 years.  In general, the reporters and interviewers seem incredulous - amazed at the lawlessness that is still rampant in this cute little rural town called Caledonia.  The same interviewee, Sarah McLaughlin, was later interviewed by Anthony Furey on Sun News Toronto TV, but the video does not appear to be available any longer.

CHCH TV (Hamilton):  An article entitled, Gov't releases statement about disputed land (see here) is a good example with numerous comments.  Al Sweeney has been the most consistent reporter following the Caledonia crisis at various points - showing up when only Six Nations media are present.  He is to be commended for his exemplary work.

The National Post:  A good summary of Minister Duguid's (falsely) blaming the Federal Government for the "Caledonia crisis" is found here, and is entitled, Ontario says federal government to blame if dispute with Six Nations leads to unrest in Caledonia this summer.  An amazing number of comments (I lost count) particularly since it was published 11 July 2014 and I retrieved it two days later.  Virtually all commenters have caught the Ontario Government in this ruse, knowing full well that they are abrogating their responsibility to the people of Caledonia and Ontario - and that the OPP must be called in to enforce the various Court Injunctions to remove the occupiers.

The Brantford Expositor:  A good example of the changing perspective in the print media is seen in the "Expositor".  See here, and particularly, you may wish to scroll through the comments (there are plenty, and they are consistent).  Numerous comments.

The Hamilton Spectator:  An example of a recent article, entitled, Six Nations warns removing blockade will disrupt peace, with comments can be found here.  11 comments.

The Sachem:  One might think that since this is the local (to Caledonians) newspaper, that articles about the blockade would bring forth a large number of comments.  This is not the case, and a mere 3 would be considered typical (on any subject).  An example is, Considering talk before action at DCE, see here, 2 comments.

A heartfelt thank you to the media who now "get it" and understand what we have been through over a period of 8 years, and are now facing once again - with the threat that the violence this time will far exceed what we experienced in 2006 (and subsequent years).  In particular thanks to Christie Blatchford who wrote her book "Helpless: Caledonia's Nightmare of Fear and Anarchy, and How the Law Failed All of Us" in 2010, providing poignant glimpses into what life was like for those living near DCE.  She received death threats, and had leftist university students attempt to stop her talks at major universities (a fine example of how the importance of freedom of speech is taught in our schools to these "spoiled brats").  Her subsequent articles in the National Post, Globe and Mail and Brantford Expositor helped keep the matter in the public light.  Furthermore, without Gary McHale's valiant stand on equal justice before the law, reflected in his book "Victory in the No-Go Zone" (focusing on two - tiered policing) and published in 2013.  However the trigger for the present circumstances, bringing the simmering anger of residents to a boil, was his citizen's arrest of a self - proclaimed "land protector" at DCE, initiating an abreaction from the "usual suspects" among the HCCC followers.  Their recent action involving the pulling of the barricade across Surrey Street was immensely ill conceived as it only served to bring attention to the double standard existing in Haldimand with one law for the "Natives" and another for non-Natives.  Fortunately we have an excellent Mayor in Ken Hewitt at the helm, and Council members who could all see that there was a serious problem that could only be rectified by removing the barricade which blocked a County road, and also ensuring that if anyone was allowed on DCE it would be all residents of whatever racial - ethnic - cultural background.  If my blog and incessant e-mails to every official imaginable helped to play some small role, I am pleased.

DeYo.