Sunday 3 November 2013

Legal Title to the Former Henco Industries Ltd. Lands - the Site of the 2006 Caledonia Protest

The destructive "protests" of 2006, led by Six Nations activists, were focused on their belief that the lands upon which a large housing development (the Douglas Creek Estates) was in progress, had not been surrendered and were still part of the Six Nations land base.  Perhaps some believed this to be so, there are some who believe that the Haldimand Tract is to this day all Six Nations land.  However the reason given to me by Six Nations elders as to why the matter came to a head pertained to something quite different. I was told that there was a real concern at Six Nations about two related matters.  First, many felt hemmed in by encroaching development in Caledonia, which is relatively close to the northeast end of the Six Nations Reserve.  Secondly the question was asked, "where will we have space for generations of our people to come?"  The bottom line is, however, that the reason given to the press was that the land was never ceded and should not be developed without the say of the Six Nations, and later the reason was given is that the "protest" would bring renewed interest in getting all Six Nations land claims settled.

This is not the place to rehash the fall out from the disagreement, but a few representative items will be useful.  First illegal destruction of property such as the hydro towers used to barricade Argyll Street was common.  Subsequently the protesters required local residents to obtain passes ("passports") to be able to access their property on 6th Line and elsewhere.  Residents were harassed in every imaginable way, for example by having ATVs driven at full throttle across the area where their backyards were situated.  Masked men from the Mohawk Warriors group intimidated motorists and residents and there were direct and veiled threats of violence.  Perhaps the worse instance of violence was the Native bashing on the head of builder Sam Galtieri with an oak bat such that the man suffered permanent debilitating brain damage.  On and on.  Meanwhile the Ontario Provincial Police did nothing to defuse the situation - like enforcing the law.  Residents learned that the OPP were now "peacekeepers" not officers whose duty it was to serve and protect.  Phone calls for emergency service to the OPP or other first responders went unanswered if the call came from someone who happened to reside beyond the barricades.  The Stirling Street Bridge was torched and the Fire Department was forced to retreat when a series of death threats were issued.  Of course the overtime for the officers sent to the site, to wait and watch, mounted into the millions of dollars.  As noted in a previous post, anyone who wants to learn what the effect was on the population of Caledonia should read the book "Helpless" by Christie Blatchford.  Some sense of the suffering of the local residents, and the Provincial Government's "compensation package" can be found here.  It should also be noted that the issue continues to flare up even to the time of the writing of this blog.  One wonders if it will ever end.  A good overview of the land dispute can be found here.   An additional recommended reading is the article by Horsnell (2010).  Click here to view this excellent research report.

So all this, and for what?  If the Six Nations had a valid case in terms of their stated rationale (a land claim dispute), that would be one thing.  However, there are few who are willing to put the facts on the table for all to consider.  I have yet to see one single piece of paper in support of the claims of the Six Nations.  Those involved continually refer in an ambiguous fashion about lands being unceded.  However is this really the case?  What does the evidence indicate?  Is the matter clearcut? 

Actually all of these questions have answers, but the fact remains that many on the Six Nations side see true documentary evidence as irrelevant.  Many say they "know" that the claim is just and valid.  Well, just how do they know.  I say that I know that the claim is without any merit whatsoever.  What would make me willing to be so direct in my assertions?

The Henco Industries Ltd. lands were indeed part of a land claim for thousands of acres, including the Town Plot of Caledonia.  This case was filed on 18 June 1987.  It is listed as Claim 5 (of 29) and is described as, "Hamilton - Port Dover Plank Road Oneida and Seneca Townships".  Details of the claim are on pages 13 to 14 of the following document.  Click here to view.  However this is a claim that the Government has ruled to be without support in fact since the lands were part of a legal series of surrenders beginning in 1841.  Specifically,  Canada submits that Six Nations surrendered these lands for sale in 1841 and affirmed its decision to sell in 1843 and 1844 (p. 14).

I have direct knowledge of all of the key paperwork that pertains to the matter.  In an earlier post I cited three separate Court cases where in each instance the adjudicating party concluded that the surrenders (agreements) of 1841, 1842, 1844, 1848, 1850 etc. were valid and met every litmus test for being considered legitimate.  My own researches in the primary source documents from the National Archives in Ottawa support and confirm these rulings.  Thus an amateur historian with long experience in researching Native files has without prejudice and without malice and for no other reason that an attempt to seek the truth, agrees - the surrenders are valid in whole and in part.

The properties detailed in the 1844 Land Inspection Returns for Oneida Township describe all parcels of land in this township in exacting detail.  I have personally examined every page of this record.  There are no gray areas here.  The lands were surveyed, ownership documented and compensation provided to individuals if necessary and ultimately the lands were placed "on title" in the Haldimand County Land Registry Office in Cayuga.  There can be no doubt that the only part of Oneida Township not surrendered were the six lots in each of the six concessions between Indian Line (Town Line) near Hagersville, and VI Line Road, plus lots 1 to 12 in the River Range.  These lands are all adjoining Tuscarora Township in the west, and in the east along the west aspect of what was termed Range West of Plank Road (along what was the Hamilton and Northwestern Railway Line).  These reserved Indian Lands, described in Lord Elgin's report of 1850, were no where near Caledonia - there being 6 one hundred acre lots between the Reserve and what was to become the Douglas Creek Estates lands.  See here for a map of the DCE property and surrounding lands.

After the lands were surveyed, inspected, and surrendered in various agreements between 1841 and 1844, they were available for sale to buyers, who would then be given a Crown grant, each of which is registered in the Land Registry Office.  The first purchaser of the property in contention was one George Marlot Ryckman who received his Crown deed for the property in 1848.  Since that time the land has remained registered, without liens and encumbrances, and sold in 1992 to Henco Industries Ltd.  Anyone can check these records in the Registry Office, and they are microfilmed and available in locations such as the Archives of Ontario.  Anyone who is not prepared to go this route can simply view the H.R. Page & Co. Haldimand County Atlas for 1879 to see that all of the lots in that township were then occupied - including the property that was to become so problematic.  See here for a copy of this map.

I presently have all of the relevant documents in front of me - there are no irregularities, the Henco Industries Ltd. title was good, the Six Nations have absolutely no valid claim (by any stretch of the imagination) to the property (which is now owned by the Province of Ontario).  See also a legal perspective by a local lawyer here.

So the obvious question is, what could possibly possess the Six Nations to believe that the Douglas Creek Estates and other lands they have also recently pointed to as "unceded". There is not a shadow of a doubt that the Douglas Creek Estates were surrendered for sale by the 1844 agreement, and confirmed by the documentation noted elsewhere relating to the Land Inspection Returns for Oneida Township, 1844. There is no "wiggle room" here. The lands in question were purchased and sold as recorded in the Haldimand County Record Office. Hence why would the Province indulge the Six Nations, usurping the rights of the legal owner in favour of a party which has absolutely no legal claim to the property whatsoever (as acknowleded by the Federal Government)? I expect that the answer is politics, and without anyone in Government with a true backbone, the Six Nations may well get what it wishes which will make a mockery of the justice system, but "keep the peace". So threats and intimidation trump the law and the facts. Is this Ontario? It is not the Ontario of my youth - it is an Ontario brought to its knees by a handful of vocal radicals spurred on by anarchistic elements in society at large. Jolly - and the OPP stand by as enablers while the radicals run roughshod over those who would abide by the rule of law. If there is any place where this sort of situation is allowed to happen, I would not chose to live there. Alas, this is my home and I must make the best of it - and expect threats, intimidation and possible violence from any of a series of parties who would rather keep the lid on things and the truth be damned!

In but two pages, in a letter to then Mayor of Haldimand, Marie Trainer, he articulately and succinctly gives a reasoned and fact - based statement as why it is folly for local government and developers to feel pressured into negotiating with Six Nations - there is nothing in history or law that would indicate otherwise, as seen here

There is no shortage of those who have proposed "solutions" to the impass, although without an intimate knowledge of both the Caledonia and the Six Nations perspectives, simplistic ideas are likely doomed to failure.  As but one example of those who have offered a reasoned argument for solving the impass, is that of a recent article in the Undergraduate Journal of Anthropology, as seen here.

The complete set of relevant documents to literally prove what is asserted above will be the subject of a later blog post.

The "Caledonia crisis" should never have happened.  I am unaware of any acknowledged responsibility on the part of the Six Nations who, despite the undeniable evidence, continue to insist that the land is theirs.  Belief is a very powerful force - but should, one would hope, be subject to change when the facts are so entirely clear.  Hence I wonder whether facts and evidence, as is commonly understood the world over as the underpinning to the truth, will ever prevail in certain quarters.

DeYo.

"We Require an Accounting for the Funds Administered or Held by the Crown for the Six Nations People, and Restitution of Any Funds Unaccounted For"

The title of the post is taken directly from the "Eight Points of Jurisdiction" manifesto of the Haudenosaunee Confederacy Chiefs Council written in the HDI Wikipedia page.  See here.

Crown jurisdiction over the matter no longer exists in any direct manner.  Despite various Six Nations groups approaching the authorities in Great Britain (the Crown), the latter always state that the aggrieved party will have to approach the party whose responsibility it is to administer the former duties of the Crown, and that would be the Federal Government of Canada, and more specifically, the Minister of Aboriginal Affairs and Northern Development".  The wording of the Indian Act is very confusing at best.  For example:

18. (1)  Subject to this Act, reserves are held by Her Majesty for the use and benefit of the respective bands ....

Since Canada is a Constitutional Monarchy, it is understandable to see "Her Majesty" mentioned in legal documents but the defacto relationship between parties is as noted above (confusing, yes).

Also, the "We require" is of course a demand.  It is generally a good idea that a demand be made only in a very restricted range of circumstances, such as when something really drastic has just recently occurred.  For example, changing the Indian Act (which was last revised in 2013) which say changes the ability of Bands to governs their own membership lists.  However as a blanket way of dealing with Government - not a good idea.

In the general population if one wants an investigation of a matter than extends back to the era when the British Crown did hold sway over "Indian Affairs", then does it seem reasonable to "require" that the taxpayers of Canada pay for what might be (say due to the condition of the records) a very long and arduous process.  Considering the rather large sums of taxpayers dollars that flow into Six Nations coffers each and every year, Band researchers may best be able to use some of these resources (or those from for example the HDI) to obtain details from the records, have a report submitted, then if the Federal Government disagrees with the work, they would then need to conduct their own enquiry.  Would it not make sense that the two research teams collaborate, especially since in the past the Six Nations have refused to acknowledge the conclusions of the Government researchers and their legal advisers.  Since, as has already been noted, some collections of records have been removed to the Band Research Office, the Government may be embarking upon a project with one hand tied behind their back - and when records are incomplete, no one ends up being satisfied with the findings, potentially being riddled with holes.

If the matter is recent, then sending in ones own auditors would make good sense - they could flag any discrepancies.  However, do the Six Nations really trust the Government to do the work for them?

Of course the exercise may open up a can of worms that will occasionally work to the disadvantage of the Six Nations.  What if multi-millions of dollars of taxpayer money had been dispersed, but upon detailed enquiry, there is found to be no legal reason why these funds had been released?  Would the taxpayers be reimbursed?

This could be a knotty or thorny problem, and there are times when one should be careful what one wishes for - it all may come back to bite you.

Perhaps the statement, one of the "eight points" is meant to refer to matters of long ago, where normally the statute of limitations would apply.  However it seems that some in some matters "everyone" has come to believe that the Six Nations were cheating in this or that situation, and that compensation is due.  What comes to mind as a classic case is the funds invested circa 1837 in the Grand River Navigation Company.  Is this what the Chiefs have in mind?

DeYo.

1924, the Year an Infamous Atrocity was Committed at Six Nations - or Was It?

It is widely believed that 1924 was a year when the Canadian Government, using the RCMP to do their dirty work, without any provocation and without any good reason, attempted to promote assimilation into Canadian society by locking the doors to the Hereditary Confederacy Chief's Longhouse and imposing an elected system.  It would be something of an understatement to say that this event continues to ripple through Six Nations to this day.

So, what are the facts?  First a belief that is very commonly heard at Six Nations.

In looking for a typical view of a Six Nations writer in relation to the subject, I Googled "1924 Six Nations" and came up with a relevant statement from a fellow blogger.  It is as follows:

In October 25, 1924, the RCMP brutally threw out the Confederacy Chiefs from the Council House to install the Indian Act Council and implement the illegal Indian Land Acts throughout the country. A resolution was quickly passed that Deskaheh no longer represented the Six Nations. He was murdered shortly after by agents of Duncan Campbell Scott.  See here (retrieved 3 November 2013).

Now, the question as usual is whether the facts support the beliefs.  So who does one turn to for events that occurred close to 100 years ago when no one is alive who can offer first hand information? I have found that the anthropologists who were trusted by those of the Six Nations to discuss sensitive and even at time sacred things are a good resource.  There can be no better source on the Confederacy Chiefs and Clan Mothers and "Conservative" practises than Annemarie Anrod Shimony, Conservatism Among the Iroquois at the Six Nations Reserve, Syracuse, Syracuse University Press, 1964.

The preamble to this book sums up nicely what I have read in other respected sources.  For example, Shimony wrote, Since there had been decades of agitation to replace the Confederate Council, the Canadian Government now felt sufficiently pressured by the progressive elements to call for an investigation.  The result was an Order in Council which installed an elected body in place of the uncooperative and dysfunctional hereditary chiefs (p.xxxiv).  Shimony goes on to describe the physical violence between the factions that led to the act of locking the Longhouse.  What is true is that after much dissension and acrimony, the Government acted to effect a resolution of the problem that plagued Six Nations by virtue of the constant infighting between the more acculturated elements, and the more conservative elements.

More specifics of the chronology of events leading up to 1924 will help set the stage.  In Sally M. Weaver, Six Nations of the Grand River, Ontario in William C. Sturtevant (Ed.), Handbook of North American Indians, Vol. 15, Northeast, Washington D.C., Smithsonian Institute, 1978, the author provides a good introduction to the subject based on her ethnographic work at Six Nations between the years 1963 and 1974.  Dr. Weaver describes the general tone of factionalism that was pervasive in the Community for as far back as anyone can recall.  As the years progressed and the Community was divided into conservative / traditional and progressive groupings and it was inevitable that the divisive matters would be formally presented to the Indian Department officials. 

There were elements at Six Nations which wanted acculturation to proceed at a more rapid pace, and believed that the Hereditary Council was dragging their feet when it came to promoting for example agriculture and eduction, hence in 1861 a group of Christian Mohawks petitioned the Department for an elected council - a move that at the time was not supported by the government (p. 529).  They were likely aware that the Hereditary Council at two Seneca Reservations had been abolished in 1848 to be replaced by elected counterparts (p. 436).  The lack of success did not deter the "progressive" element who began to mimic what they saw in the more successful Whites in surrounding communities.  They even formed their own Orangemen's Lodge (a largely Protestant and anti - Catholic benevolent group) on the Reserve in the 1890s.  The "Protestant ethic" was becoming a force at Six Nations, with the consequence that a Farmer's Institute and a Women's Institute was added to the roster of groups who had little to do with the Hereditary Council, and who gained ascendancy (p. 530).  A reform group known as the "Progressive Warriors" believed that the slow progress was due to a closed system of leaders, and hence "education should be a requisite for council office" (p. 532).  In 1890 another petition was submitted by 20% of the male adults on the Reserve, "urging the government to apply the elected system to the reserve".  This attempt went nowhere, but in 1906 a group known as the "Indian Rights Association" or "Dehorners" initiated, a campaign to remove the chiefs from power. 

More petitions followed in 1907 and 1910, however the government, held to its noninterference policy.  As with so many things in Canada, the "Great War" of 1914 served to be a catalyst to change.  The Chiefs refused to participate in any conscription plan, unless asked to do so by the king himself, once again using the opportunity to assert their claim to sovereignty.  None the less hundreds of Six Nations men volunteered, and when they returned home they found the conditions intolerable and petitioned the government, to establish an elected system.  Divisions at Six Nations grew, and the Government of Canada found itself in the embarrassing situation of having Confederacy Chief Deskahe travel to London and Geneva to put forth a grievance of the lack of recognition of sovereignty.  Council was also operating in a ponderously slow manner and frustrating the government officials.  This lack of cooperation was pretty well the last straw.  Since there was considerable agitation at Six Nations to install an elected council, they acted quickly and perhaps somewhat precipitously, in sending the RCMP to lock the Longhouse, and to establish elections at Six Nations which resulted in a new Elected Council (composed largely of literate, Engllish speaking Mohawks) which from that moment became the "official" voice of Six Nations in dealings with the government. 

However the Hereditary Council had no intention of just capitulating.  They refused to disband, and stood firm in their belief that only they were the legitimate form of governance at Six Nations, and continued to agitate for a return to the rule of the Confederacy (p. 532).  Since 1924 they (now the Haudenosaunee Confederacy Chiefs Council or HCCC) have continued to maintain a shadow or parallel council.  Today the schism is as deep as it was in 1924, with the HCCC and their agencies such as the HDI (Haudenosaunee Development Institute) claiming jurisdiction in such matters as determining whether a development within the Grand River Tract will be allowed to proceed unchallenged.

The point here, however, is that it is entirely wrong to blame the Canadian Government for 1924.  This situation was initiated by groups within the Six Nations community who were dissatisfied with the Hereditary Council and for over 60 years had been petitioning the government to install an elected system.  None the less, to this day, "1924" is a rallying cry against the supposed injustices imposed by the Colonialist Canadian Government.  Clearly it is not that simple - but many believe and wish it were so.

The above blogger makes an allegation as to a murder happening, and asserts who perpetrated the act - the then Deputy Superintendent of Indian Affairs.  I can find nothing whatsoever that would substantiate this claim so it remains to this day another of the many beliefs that are in common currency at Six Nations.  Duncan Campbell Scott may have been an avowed assimilationist (for the record, a practise that the present author does not condone), but that is as far as it goes in the realm of facts.  See here.

Upddated:  13 December 2013

DeYo.

Dangerous Allies: Six Nations and non-Native Communist Advisors

You can learn a lot about a person by the friends they keep.  This simple aphorism applies very well at Six Nations.  If you are willing to make a pact with the Devil, what does it say about you and your cause?  The answer is, plenty.

I don't know when the relationship between Six Nations radicals and members of the Communist Party of Canada first began, but evidence of their liaison was all to apparent during and subsequent to the "Caledonia crisis" of 2006.

Until recently major world powers such as the Soviet Union and China were Communist regimes guided by the teachings of Karl Marx who wrote "Das Capital", and Chairman Mao who wrote his "Little Red Book".  However things have dramatically changed since the 1960s.  Both Russia and China found that the theory did not exactly match up with the practise and the systems basically folded in on themselves.  If not entirely Capitalist in outlook, both regimes are definitely looking strongly in this direction, and have abandoned the Communist dogma of the 1950s to permit their countries to better thrive in the modern world.  Alas, this reality has not sunk in with youthful idealists in Western countries who still read Marx, and believe in the black and white, Communism = good, Capitalism = bad.  Generally these youth abandon these "ideals" when faced with the reality that they have to get a job and support themselves.  One way around this unsettling realisation is to stay enrolled perpetually in a graduate University programme, usually Sociology, History, and Political Science.  Here one is sheltered from life's realities, and is actually encouraged to spout their far left rhetoric under the guise of academic freedom.

So sometime in or about 2006, the Six Nations and various Communists, Anarchists, and radical union members entered into an unholy alliance for the purpose of advancing their respective causes.  These White radicals and their allies, such as Palestinian groups, Black Panther derivatives, and other unsavoury elements which were brought to Six Nations to radicalise the Natives, and provide practical advice on "resistance" and being pro-active in furthering "the cause" - with an ethos that the ends justify the means.  In other words if physical violence and psychological warfare will do the trick, then so be it.  That the Six Nations would make alliances with these groups speaks volumes about whether they might be concerned with obvious moral - ethical dilemmas when confronting their neighbours, who had never done them any harm, but could be used as pawns in a deadly game of ever escalating violence and the sacrifice of innocents.

Residents of Caledonia could fill books with information about their direct contact with the supreme organiser of these groups, one Tom Keefer, a graduate student in Political Science at York University in Toronto.  An excellent reference to Keefer and his agenda can be found here.  His long graduate "career", criminal involvement, and the tactics he is willing to use in the service of his Communist - Anarchist aims are all profiled with examples.  However you really have to talk to Caledonia residents to get to know the "real" Tom Keefer, an articulate individual who cuts an imposing figure.  This belies an utter ruthlessness to achieve goals.  For years he has been a familiar figure at any rally of locals, giving the Six Nations radicals advice on how best to proceed with the "defense".  See here for even more details of Keefer and his antics used against victims of the 2006 "Caledonia crisis".  He and friends from the same niche (radical leftists) would stand side by side with the Six Nations radicals, watching while the impotent defanged OPP shielded them, and instead turning their wrath toward the locals.  I expect that Keefer had many a good laugh at this scenario which fit very well with the goals of the leftist groups.  The motto of the Ontario Anarchists is, "In Chaos we see beauty".  Well, at least they are letting the rest of us know in the clearest possible terms where they are coming from.  To get a sense of CUPE Local 3903, and its agenda, see here.


Tom Keefer

The leftists must have been wringing their hands in glee when they obtained the support of the Six Nations in the attempt to entirely shut down Caledonia on a busy weekend 28 April 2012.  And it worked like a charm, and created the desired level of chaos so important to "the cause".

The event was portrayed as a, "Peace and Friendship Walk and Rally" (also called parade) to promote healing between the local Caledonia residents, and the Six Nations.  In interviews, however, the organisers gave the real reason - to pressure Ottawa to return to land claims talks.  So Caledonia was to be "used" once again to facilitate the agenda of others, in this case those who touted themselves as members of the "Six Nations Solidarity Network".  Prior to the event, Keefer and others tried to "soften up" the locals by holding a picnic in the Kinsman Park (with Keefer and his jackbooted your female followers orchestrating all), and holding meetings with Caledonia residents. See here for a discussion of the lead up to the "parade".  The problem was that absolutely nothing anyone said meant anything - only the pre-arranged agenda which would go ahead irrespective. 

The parade came off as planned with a handful of Six Nations people (including one Chief), and included the expected radicals that are always at such events.  They were, however, vastly outnumbered by contingents from Toronto and elsewhere, many bussed in by CUPE (as an aside - how do members feel about their Union dues being used in this way?).  A huge banner that was at a guess 30 by 150 feet representing the Two Row Wampum, was furled horizontally, carried by White radicals, raised up and down like a Chinese dragon at Chinese New Years.  Many carried flags, waving in the light breeze, each representing their specific group.  I saw flags of the Communist Party of Canada, the Anarchist League (or something like that), the Palestinians, the Black Panthers and of course CUPE (the Canadian Union of Public Employees).  The event shut down Argyll Street, which is the main street of Caledonia, and the event was "monitored" by the OPP - who could not prevent the traffic chaos that was expected by locals.  Apparently the fact that the organisers did not have a parade permit was insufficient to result in any consequences.  The parade went from the north side of Caledonia, across the bridge, and along the southern extent of Argyll Street to the gates (if that is what you can call severed hydro towers) at the former Douglas Creek Estates, and into the lands claimed by the Six Nations.  See here for an overview of the "parade", with pictures of what transpired at the event. 

 
In examining the photo for Native faces, there do not seem to be many (or any).  This event was largely orchestrated and carried out by the Communists - Anarchists - Radical Unionists - Other Radical Groups, seen here carrying the Two Row Wampum banner.

In order to hopefully defuse any further inroads by the leading Communists and Anarchists, at least one local citizen as well as at least one elected official wrote letters to each of the academic advisers of Keefer and one of his cohorts Luke Stewart, as well as to the Chancellor of each University, requesting assistance to reining in their students who were causing so much pain to Caledonia.  It remains to be seen how much, if any, effect these efforts had.

Actually there is considerable more that can be said, but for the purposes of the blog this is sufficient to give a strong flavour of the problem.  A bottom line is that the Six Nations are keeping bad company, and you are known by the company you keep.  Seeing the Communist Party of Canada flag (along with the flags of even worse radical elements), is like placing a red flag before a bull for those who are old enough to recall the Cold War and the Communist repressions in Europe and Asia.

What occurs, however, is that there is an undetermined number at Six Nations who "believe" that the end justifies the means.  Sadly, this does not bode well for propping up the sagging relationship between the Six Nations and Caledonians.

Update:  According to Two Row Times, November 13th, 2013, in an article entitled, "Union delegation joins the work at Oshkimaadziig Unity Camp", it appears that Keefer (although not mentioned by name) and crew may be headed north to import their agenda to Penetanguishene (p. 5).  Here, a delegation from the Canadian Union of Public Employees Local 3903 joined the Oshkimaadziig Unity Camp ...... and build new relationships with Anishinabek people.  Tom Keefer is a member of Local 3903, and clearly this group senses a new opportunity to "convert" a new group of First Nations and bring them into the fold.  The article asks a question which will resonate with Haldimand and Brant residents, why are a group of members of a union representing contract faculty, teaching assistants and graduate assistants at York University, joining the work at this unity camp?  The answer given is that, Some of the CUPE 3903 members described the mutual benefits in a relationship between unions and land reclamations. 

This all sounds so familiar to those of us who have lived through the various CUPE 3903 sponsored and supported events in Caledonia and vicinity from prior to 2006 to at least late 2012.  Perhaps the welcome mat is no longer out for Keefer here, and he and colleagues must look further afield for opportunities to express their Communist agenda.  All I can say here is, "good luck to the people of Penetanguishene and surrounds".  We here know what you are in for.

Update:  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 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.

DeYo.

Samsung / Six Nations Renewable Energy Project - the Rape of South Cayuga

As with Caledonia, the small entirely rural township of South Cayuga near Dunnville has been a place where groups chose to impose their will, without any consultation with the locals most impacted by these "projects".

In the 1970s the Provincial Government designated Nanticoke in Norfolk County (then known as the Haldimand - Norfolk Region after amalgamation of the two former counties) as a location where a major industrial complex would be built.  The project included a steel manufacturing plant, a coal fired electrical generating establishment, an oil refinery and other industries.  All of these were eventually built.  Of course if one has a massive industrial complex of this nature, there would be a need for residences for the workers.  Two locations were pinpointed.  The first was Townsend near Jarvis, and an infrastructure (e.g., highway from the Nanticoke complex) was put in place leading to the farmland where new homes would be built.  Last I heard there were 40 or some homes situated on this site.  However the Government, in one massive blunder, created a huge white elephant in South Cayuga Township where the "ancillary" residential area was to be sited.  The "vision" included two bustling cities of over 100,000 people each that would each become home to a hive of workers affiliated in some way with the Nanticoke industrial complex.  Hence the Government purchased thousands of acres of prime farmland to accommodate this perceived need, and expropriated farms that had typically been owned by the impacted family for over one hundred years.  To make a long story short, the land in South Cayuga was never needed for its intended purpose and so the farms were leased back to the original owners if they chose to stay.

In the 1980s the Provincial Government decided they needed a place where they could construct a toxic waste dump. Knowing the NIMBY (not in my back yard) factor would be a serious concern, and that the voters in the Greater Toronto area would never stand for it, they selected a safer venue - South Cayuga Township.  A bonus was all of the Government land in that location "left over" from the dormant Nanticoke plan - just lying fallow.  As the specifics of the plan were revealed it became apparent that this "facility" would potentially have a huge impact on the environment of the Grand River watershed.  The locals gathered to form HOPE (Haldimand-Norfolk Organisation for a Pure Environment).  They gathered data on the gas wells, many abandoned, that dotted the entire township and which could provide a portal through which any potential spill could infiltrate the water table and the toxic waste could potentially impact an area much larger than just South Cayuga Township.  Other pertinent information, such as the location of Indian burial sites, was also added to the rationale presented to the Provincial Government as to why the project should not move forward.  The citizens were successful, and the project died a natural death.

Surely not again!  South Cayuga again being "selected" for another questionable mega project, a wind generator farm, and this time the locals were left with no options - this endeavour was to be constructed on sacrosanct Six Nations unceded land.  The problem, never once during either of the above two matters was any Native - owned land ever brought into the picture.  There is a reason for this.  In all of my research, I have never seen any shred of evidence that there is even one half of one acre owned by the Six Nations.  The lands had been surrendered in 1844 - lock, stock and barrel, and the Crown, represented by Lord Elgin, submitted a final report on all the Six Nations surrenders, and the description and accompanying map do not show any lands whatsoever in South Cayuga Township that had not been surrended to the Crown by the Six Nations in Council.  The specifics of the surrenders involving South Cayuga and other Townships, which include a list of all relevant documentary materials, will be the subject of a later blog post.  The bottom line is, however, that although Six Nations do claim "Cayuga Township South Side of the Grand River", Claim 18 of a total of 29 as seen here on page 24, there is no validity to this claim.  Despite this fact, they are proceeding as if the Federal Government had recogized this claim as legitimate.  This is false, and thus all deals with the Six Nations in relation to lands in South Cayuga can well be ruled illegal.

So once again South Cayuga is being ravished, and being made to take it up the keester while outsiders reap the benefits and walk away leaving the residents to deal with the fall out.

Let me be clear on this, wind generators are a blight on the land.  No one in their right mind would chose to live anywhere within sight of these monstrosities.  There are for sale signs peppered everywhere near these towering giants with their perpetual roar (actually more akin to a hum that surrounds you and drives you mad), their unknown medical effects, their bird killing arms (thus providing a job for someone to collect the bodies of these hapless victims) that become caked with ice in winter that can be flung hundreds of yards.  For a sense of the true effect on migratory and endangered birds, see here for a very sobering example from Montana, and the devastation wrought upon the eagle population.  NIMBY again, and for good reason.  The issue here, however, is the role of the Six Nations.



Bottom line, the Six Nations is perfectly willing to sacrifice the residents of South Cayuga, without a word of consultation not a penny of compensation.  The Six Nations have made a deal with Samsung to construct the Samsung Renewable Energy Park on lands they claim, but in fact do not own - and the Government is allowing this absurdity.  Why would they do that.  Oh, silly question.  The money.  Turtle Island News of October 30, 2013, page 5 reports that, Six Nations people can expect to receive about $75 million over the next 20 years.  So without being a party to any of the discussions, South Cayuga residents can thank the Six Nations for the 67 wind turbines and 400,000 solar panels and directly impacting 700 acres in the beleaguered township.  However, one might ask why these controversial plans were not slated for territory that is actually owned by the Six Nations - on the present day Reserve.  Oh yes, NIMBY - someone else's, who cares.  The cheek of it.

If one drives through South Cayuga Township including the Lakeshore Drive with all the cottages, what you will see are signs that read, "Wind generators make bad neighbours".  I guess another sign might soon be seen, "The Six Nations make bad neighbours".  And lucky Six Nations, apparently, there will be a good chance the revenues will be non-taxable.  Great, everyone else pays taxes on earnings of this nature, but the Six Nations get a free pass on this one.  Apparently, It is a huge project but it is respectful of the existing trees and foliage there.  However it is NOT respectful of the residents of South Cayuga who were merely pawns in this game.

For the range of wind generation projects with which Six Nations are involved, see here.

Update:  The front page of Turtle Island News, November 13, 2013 shows a very familiar picture, whose caption reads, Samsung had more than 30 workers on their South Cayuga Road site near Dunnville ............... the work is being done on the wind component of the project.  It must show my naivety because about three weeks ago I was driving along that very Road and saw a large number of orange jacketed individuals doing what was obviously (I have been involved in these projects previously) an archaeological site survey.  I had assumed that this was part of an academic study, probably the work of Dr. John Triggs who I knew was working on sites occupied by the Delawares in the 19th Century.  Never for a moment did I think that Six Nations would allow lands near the Fredenburgh Tract (formerly that of Sgt. John Dochstader) to be defiled with these wind behemoths.  Of course in a choice between respecting Mother Earth and money, well, I guess it is a no - brainer.  What a shame that the local people have not organised, as they did in the 1980s to keep the Provincial Government from using the land as a toxic waste dump.  I think I know what the reason might be, but without a firm basis upon which to make a claim, I will leave the matter stand.  So these are the "unceded lands".  That is a very sick joke.  The lands were ceded legally by the Six Nations in 1841, and they have absolutely no claim on the land.  My guess is that this particular property is one that the Provincial Government bought up in the 1970s in preparation for the building boom anticipated as a function of the development of the Nanticoke Industrial Park.

With total disgust.

DeYo.

Saturday 2 November 2013

What Does the Douglas Creek Estates Site Look Like 8 Years After the "Protest"?

I would like to be able to report that the southern end of Caledonia is "back to normal" - but in Caledonia, what is normal?

At the far south end of town where Argyll Street joins Highway 6, there has emerged a new business establishment.  It sits illegally on land also claimed by the Six Nations.  It includes a shack selling illegal smokes, and a hamburger joint that, after a local protest, was closed by the Health Department.  Actually the owners ignored the injunction, but today things are supposed to be all cosy with running water, toilet facilities, and a place for staff to wash their hands.  I say supposedly since I have no direct evidence that anyone has been there recently to inspect the place.  When I saw it "up close" a year or so ago, there were code violations and infractions of every imaginable sort.  Even the bottom of the post supporting a large sign was completely rotten, either by termites or dry rot.  I will be kind and say simply that the landscape is not enhanced by these premises.

Moving north up Argyll Street on the west side, the 53 foot burned out trailer is still in exactly the same spot as it was in 2006.  At the entrance to what was to be Douglas Creek Estates the metal barricades made from the hydro towers still stand guard, along with a Mohawk Warriors flag to add some charm and give warmth to the place.  The pressboard shack still stands, and is used for various purposes generally when local protesters and the OPP arrive.  The "model home" way back, across a tick infested field, is still intact, and as far as I know is being supplied with electricity courtesy of the Canadian taxpayer. 

Coming from the north one sees a Welcome to the Six Nations Reserve sign, identical to the legitimate ones at the beginning of the Reserve in say Onondaga Township.

What is particularly galling is that to the best of my recollection, the Six Nations made a specific promise to the Province of Ontario when the latter purchased the land and agreed to look into ways in which the property could be used in a way consistent with Six Nations values (or something to that effect).  The promise was to ensure that the site was cleaned up.  Clearly the promise was not kept and there is no evidence that those involved are people who can be trusted to keep their word.

In a nutshell, the place is a grotesque eyesore and, I would guess, an embarrassment to those who live in Caledonia - the area being the southern entrance to the town.  What must out of towners think?  Perhaps along the lines of my thoughts - ugly, truly ugly.  Of course a picture is worth 1000 words, so here follow some I took one year ago.  From top to bottom, burned out trailer, trailer and surrounds, "model home", entrance to the former Douglas Creek Estates (Confederacy flag on left, Mohawk Warriors flag on right), "Welcome to Six Nations" sign.







DeYo.

Who Are the "HDI", and Who Should be Most Worried about Them?

All of a sudden, or so it seemed, after the initial "Caledonia crisis" had endured the brunt of the early convulsions, the term HDI began to appear with some regularity in the local Indian newspapers.  For some time they were a shady "group", apparently composed of two individuals, and who were involved in "permitting" development within the Haldimand Tract.  The initials HDI stand for Haudenosaunee Development Institute.  The name belies a potential role that might be yet another disruptive force in the Six Nations Community.  All I knew for some time is that developers were being given an ultimatum, pay a fee or there will be consequences.  That of course sounds like something that one might expect in Naples, but Haldimand and Brant Counties Ontario? 

Recently I have explored the CANACE (Canadian Advocates for Charter Equality) website, and found it to be a treasure trove of resources backed up with facts.  Much earlier than myself, they came to the conclusion, based on their actions, that the HDI were running an extortion / protection racket - see here.  This was in 2008, yet the group continues to make precisely the same demands of developers - with impunity.

The two major players are controversial figures.  Hazel Hill is a prominent radical not in the least shy about "delving into" conflict - the perpetual "interim" director.  The other partner, the legal adviser Aaron Detlor, was and is a shadowy figure.  He was a Toronto lawyer, who apparently now devotes himself entirely to First Nations legal matters.  His kinship association (if any) with the Six Nations is a complete unknown to myself.  His Linkedin profile is found here.  The Law Society website now gives Detlor's address as Ohsweken, so I guess he intends to roost in this neck of the woods.

Other activists have come and gone (e.g., Ruby and Floyd Montour), but the two prime figures continue to make the same demands of developers.  At times developers have resisted (and at times paid the price in work stopages), and at times they have caved in and just paid the monies demanded (this is the way things are done in for example Italy, so why not here?). 

In typing HDI and Six Nations in Google, the following document came to light.  It is a detailed Wikipedia page, but entirely without references.  The link is here.  An article published in 2008 in the now defunct newspaper, Tekawenake, can be found here.  Apparently at the time a lot of people on and off the Reserve were scratching their heads, trying to figure out who HDI were, and who they represent.

Since this group seems to see its role as monitoring the entire Grand River Tract, they will inevitably come into face to face conflict with developers who have a clear title to their land, but who are flagged or targeted as "needing" their services and as such there is a procedure that must be followed to "apply" (and that is definitely not the right word):

An HDI development permit is required by the HDI and one is obtained by providing an application to the HDI with the prescribed application fee.

With the realisation that memory can be faulty, and my apologies in advance if I make an incorrect statement (which will be rectified once I receive documented correct information), I recall that a developer in Hagersville paid an application fee amounting to more than $7000.  And for what?  Apparently a group can establish itself, set its own rules, and shake down anyone it decides needs "to apply" to develop land anywhere within the bounds of the Haldimand Proclamation of 1784 and the Nanfan Treaty of 1701 (in other words the Haldimand Tract including the lands surrendered in 1844 etc., and all of Southern Ontario)  That is quite some constituency.  According to the above 2008 newspaper article, the developer also has to sign a clause, recognizing, "the land title in question as belonging to Six Nations".

The question is, does this group truly believe that they have the right or even duty to perform this role, or is it simply a clever Machiavellian ploy to shake only the ripest trees hard enough so that they give of their bounty?

In addition the HDI has "included itself" among the groups who various other agencies who work in the Grand River Tract, or even anywhere in Southern Ontario, must consult.  For example they have now assumed a role in archaeological work, in addition to the Six Nations monitors, trained by the Ontario Archaeological Association who are called in by professional consultant archaeologists.  The Association of Professional Archaeologists of Ontario mandate aboriginal consultation in any project where their input would be appropriate.  See here This group has taken great pains to train Six Nations monitors, and let their members know who to contact when their services fall under Ontario law, see here.

See here for the HDI mandate (claimed via the HCCC.  Everything is justified by referal to the Haldimand Proclamation and the 1701 Nanfan Treaty (see my earlier blogs showing that, for example, the latter is and always was, invalid).  Evidence of their involvement is even far flung work is seen for example in, the following:
Archaeological assessment – Dufferin County,  Five First Nations monitors – two from Six Nations, one from the Haudenosaunee Development Institute and two from the Saugeen First Nation – also participated in the Stage 2 archaeological assessment; their roles are summarized in Supplement C (p. 2.2).  See here for more complete information.  
 
When I asked the archaeological consultants and a Hamilton planner why a project I was involved with in that city had slowed to a crawl, they said it was because nothing could proceed until the matter of monies to be paid to the monitor or monitors from Six Nations had been ironed out.  It is unclear which person or group they were speaking about because I did not ask.  It does become problematic when multiple parties from the same entity (Six Nations) claim the right to, in this case, "monitor".

The Wikipedia article states that the HDI claim authority under the Haudenosaunee Confederacy Chiefs Council (HCCC).  Reading between the lines, it seems that this a vehicle whereby the HCCC can exercise authority over the competing Six Nations Elected Chiefs (Band Council).  Their disdain for one another has been in evidence since the change of guard in 1924 (the subject of a later blog posting).  This factionalism has been one of the major sources of frustration in Government authorities charged with negotiating land claims.  Who speaks for the Six Nations people?  The answer is, "it depends on who you ask".

I don't think that delving into the workings of this group at this time would be productive.  It will soon be more clear as to what their true mandate is, and to what lengths they are willing to go to obtain their ends.  Of course, in the end it boils down to money - under the euphemism of the "application fee".  Land developers and archaeological consultant service groups beware!

Update:  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 Advsor 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.