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.
Saturday 12 July 2014
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.
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.
Friday 11 July 2014
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.
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.
Thursday 10 July 2014
Factional Dispute Between the Six Nations Confederacy and Elected Council Plagues Attempts to Address Problems at DCE Barricade - A Dangerous Twist
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Please see CHCH TV evening news coverage here for the most recent update and key details Please click on the video news coverage as reported by Al Sweeny.
I want to emphasize that we in Caledonia are once again under virtual siege, and that violence could erupt at any time - it is a powder keg situation where we are dealing with individuals who have absolutely no respect for law and order.
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What follows is a chronological summary of what occurred on a very busy 10 July 2014 - with new information trickling in all day and into the evening.
It might be useful to read the immediately preceding posting to this blog since it gives a lead in to the events of the 9th and 10th of July 2014.
First Reports: The "Brantford Expositor" of 9 July 2014 provides an update on the meeting that took place between David Zimmer, Ontario Minister of Aboriginal Affairs; Ken Hewitt, Mayor of Haldimand County; and Ava Hill, Chief of the Six Nations Elected Council (SNEC).
In an article entitled, Sides in talks over DCE barricade (see here), it is reported that, The meeting at an undisclosed time and place included Zimmer, Infrastructure Minister Brad Duguid, Haldimand Mayor Ken Hewitt and Six Nations elected Chief Ava Hill.
Details concerning the outcome of the meeting were not available Wednesday evening.
Although it is not required by law, and generally proves disruptive to the process, it is noteworthy that a Haudenosaunee Confederacy Chiefs Council (HCCC) representative such as Head Chief Allen MacNaughton was not present. It can easily be determined why the no show as per the wording here:
The Six Nations Confederacy was invited to send a chief to the meeting, but the day before issued a statement that it “must respectfully decline the invitation to meet with Minister Zimmer, Minister Duguid, Mayor Hewitt and the representative of the Indian Act system” (the Confederacy's terminology for the elected council chief).
“The Haudenosaunee Confederacy Chiefs council have, through the communication protocol established with Ontario, repeatedly expressed their concerns to the province over the disruption of peace that continues to grow from the Crown's side of the Two Row Wampum,” the statement says.
“We would remind Ontario that this issue was dealt with in 2006 when Ontario agreed to remove all third party interests with the purchase of the land in question, without prejudice to our position that the land in question is Haudenosaunee land.
“It is within the authority to Ontario to rectify any outstanding issues with regard to third-party interests that affect Haudenosaunee lands at Kanonhstaton.”
The above was clearly written by someone with formal legal training. The HCCC / Haudenosaunee Development Institute (HDI) legal representative is Aaron Detlor (a licensed lawyer in Ontario).
Interpretation: So one might infer (particularly in light of previous statements on this subject) that HCCC does not recognize the legitimacy of SNEC despite the fact that the change to an elected system in 1924 was instituted by request of Six Nations progressives, and because the then Council had become severely dysfunctional and seriously delayed any business (decisions) that needed to be conducted with the Government of Canada (e.g., transfer payments, infrastructure, schools). Calling the duly elected, by a democratic process, Chief Hill a "representative of the Indian Act system" is a very clear indicator of why there will never be agreements until and unless the Federal Government recognizes the HCCC as the legitimate representatives of the people of the Six Nations Reserve. There are excellent legal reasons why that will never happen, including Court decisions such as Davey et al. v. Isaacs et al. (1974). However, mysteriously, the HCCC will consistently turn around and blame the Federal Government for failing to negotiate. It should be obvious that their blaming the Ontario or Federal Government is specious and self serving. The idea that in this day and age an oligarchy should be given authority over the elected representatives of the people is regressive and counterproductive. This is not 1714, it is 2014 and we have entered a highly complex modern era where if in this case Six Nations wishes to have the Government institute timely actions, there is a requirement for a representative body that will meet at regular intervals and are prepared to work with Government representatives to keep things working efficiently. It is Canadian taxpayer dollars which keeps the Six Nations programmes and services (e.g., policing, schools) humming along, and there is a need for accountability, something the HCCC has been unable or unwilling to do (e.g., with respect to the money extracted from developers by the HDI - no one outside this small clique knows where that money goes - a chronic complaint at Six Nations which I have discussed before).
The article continues, stating that, On the morning of the meeting Scott Cavan, a spokesman from Zimmer's office, expressed disappointment that the Confederacy would not be attending it.
“The province intends to proceed with the meeting and remains hopeful the Confederacy will reconsider their decision not to attend,” Cavan said at the time. But the Confederacy did not change its mind.
Interpretation: No, the Confederacy / HDI did not change its mind, but for some unknown reason, was gathered together on 9 July 2014 at the barricade blocking Surrey Street, with their legal representative, apparently waiting for someone from the Ontario or Haldimand governments to appear (at least that is the rumour that was going around in that location) to inform them of the meeting or consult in some manner - despite adamantly refusing to participate in any manner. What is a mystery is that if they wanted to be part of the process, why would they not see it to their advantage to be at the table and have input? Apparently it gives them license to later complain that they had no involvement so are not bound by any decisions made without them.
Further information, from "CHCH TV", includes what seem to be confusing platitudes offered by the HCCC legal representative as to why they refused to attend the meeting can be found here.
The "Hamilton Spectator" also has a story about the matter, and notes that Minister David Zimmer was not willing to provide further information about the meeting at this time (see here). However there are interesting statements from HCCC and as well HDI which speak volumes. Specifically, Representatives from the Haudenosaunee Confederacy were also invited to Wednesday's meeting, but declined. Hazel Hill, the director of the Haudenosaunee Development Institute, said the summit didn't meet the group's established communications protocol. The latter statement (bold printed by the present author) shows precisely what Haldimand County Council, developers and anyone has to face - their arbitrary set of "rules" which have no authority in law, and often end up being thinly disguised ways to extort something. In the past it has always meant paying an "application fee" (usually from $3,000 to $7,000) before anything can move forward. Ka ching. Anyone who wishes further information on this arbitrary "protocol" can read more here.
The HDI Director also said that, "The confederacy was put in the lead by the Six Nations people, and so the confederacy is the body to deal with treaties."
Interpretation - The Destructive Role of the HDI: Actually the above statement is not true:
1) The Six Nations Elected Council is the legally mandated voice of Six Nations. The Confederacy has, if anything, only "moral authority" and is invited to discussions as a courtesy.
2) The Ontario Government does not negotiate treaties, that is the purview of the Federal Government. The matter under review has nothing to do with a treaty (there are no treaties between the Crown and the Six Nations). The Ontario Government owns the property at DCE and it is registered on title in the Haldimand County Land Registry Office in Cayuga. Haldimand County is responsible for the roads currently established thereon, including Surrey Street. How this relates to supposed treaties is "unclear" to me.
As noted in recent postings to this blog, the HCCC / HDI intend to put a fence around the entire Douglas Creek Estates (DCE) property, and turn it into a "gated community" - even though it is owned by the Province of Ontario. Their goal is to continue the "reclamation" (theft) process, adding the DCE to the Six Nations Reserve (as indicated by the official welcome sign at the Surrey Street entrance to the property). Actually they consider the property to be theirs, and have attempted to keep all others from even entering the property - when in fact it belongs to the people of Ontario.
One basic conclusion can be drawn here at this point:
Factionalism ensures that nothing substantive can result from negotiations about the barricade.
The fact is that in most quarters outside the Reserve there is an almost complete lack of understanding of the key factionalism issues that keep Six Nations from acting as a unit. This is reflected in the Opinion column of "The Sachem" as seen here, where it is asserted that Haldimand County should have consulted with Six Nations before proceeding with the proposed barricade removal. The harsh reality, the true facts, are that that is impossible because you can at best meet with only one or the other of the Six Nations "governing bodies". If the Elected Council is consulted, the Confederacy will dig in its heels and refuse to meet with those who consult with their "rival" Elected party. This has been going on since 1924, and there are absolutely no indicators suggesting even a remote chance that this is going to change any time soon. Mayor Ken Hewitt and Council understand the dynamic and realize where negotiations lead - down the road to factional disagreement which ensure that nothing will get done. Often only a lawful unilateral decision can work. By meeting with the lawfully recognized party at Six Nations early in the matter, they have taken steps to ensure that the only ones that will fault them are those who do not understand Six Nations politics.
Provincial Government's Response is Released: An update just appeared in the "Brantford Expositor" in an article entitled, Two Ministers claim early success in talks (see here). Information not included to date here includes the following:
The joint statement by Ministers Zimmer and Duguid states that, their summit with Six Nations and Haldimand County leaders over the ongoing situation at the Douglas Creek Estates was successful enough to keep meeting to find a solution, and further that, “This meeting of the political leadership of the parties affected by DCE is a significant milestone for our ongoing efforts to reach a long-term, sustainable resolution for DCE”. Furthermore, The political leadership at the meeting committed to meet again later in the summer, and agreed to have their respective staff work on proposals for near-term and long-term issues.
In addition, “Only the settlement of the Six Nations' land claim will provide a permanent and sustainable solution to DCE,” they said.
“We reiterated our call for the federal government to return to the negotiation table.”
The two ministers also expressed disappointment the Haudenosaunee Confederacy Chiefs council declined an invitation to join the meeting.
“We will continue to encourage the Confederacy Chiefs Council to participate in our future discussion,” the statement said.
Further Update from the Brantford Expositor: Another article appeared in the "Brantford Expositor" later in the day (see here), entitled, Ministers call on Ottawa to restart land talks. Much of the article is an expansion on the above article in the same newspaper reported earlier in the day. I will divide the content into three components, relating to the responses of the three parties directly involved in the matter:
a) Haldimand Mayor Ken Hewitt: The Mayor has quite a bit to say - as follows:
Haldimand County Mayor Ken Hewitt says he sees signs of hope from a summit meeting held by two Ontario cabinet ministers over the latest Douglas Creek Estates dispute.
"It was positive to get a multi-ministerial meeting together so they could hear what we and Six Nations feel about the issues. That in itself was a good start," Hewitt said in an interview Thursday morning.
He was speaking about a meeting he attended Wednesday at an undisclosed location with Aboriginal Affairs Minister David Zimmer, Infrastructure Minister Brad Duguid and Six Nations elected Chief Ava Hill.
"We have to be optimistic that when parties come together and share their opinions, people come to understand each other better," Hewitt said.
He said the meeting contained frank and wide-ranging discussion about the concerns of Haldimand and Six Nations council resulting from the county's decision to remove a barrier on Surrey Street, the entrance to the disputed former Douglas Creek Estates property.
"We left it with the ministers that we both have concerns in our communities," said Hewitt.
"The ministers said they will meet with the cabinet and the premier (Kathleen Wynne) to talk about what can be done to bridge our communities' differences and not have them fighting."
Furthermore, the Mayor said about the parties involved in the meeting, "They're going to work on proposals keeping in mind what's doable from a pragmatic standpoint and a legal standpoint," said Hewitt.
b) Ontario Ministers Zimmer and Duguid: Ministers Zimmer and Duguid had similar perspectives of the meeting in a joint statement released early Thursday morning.
"This meeting of the political leadership of the parties affected by DCE is a significant milestone for our ongoing efforts to reach a long-term sustainable resolution for DCE," the statement says.
The ministers, Hewitt and Hill commited to meet again this summer and agreed to have their staff work on proposals for short- and long-term issues.
Furthermore, In their statement, Zimmer and Duguid said all parties in the meeting recognized that a solution can only be found in working co-operatively and in good faith.
"We also recognized the need to reduce the potential for confrontation and risk to public safety," the statement says.
Zimmer and Duguid contended in their statement that one ingredient is essential for a permanent resolution: "Only the settlement of the Six Nations' land claim will provide a permanent and sustainable solution to DCE," they said.
"We reiterated our call for the federal government to return to the negotiation table."
The two ministers also expressed disappointment the Haudenosaunee Confederacy Chiefs council declined an invitation to join the meeting, but said they "will continue to encourage the Confederacy Chiefs Council to participate in our future discussion."
c) Six Nations Elected Chief Ava Hill: The article did not note that either Chief Hill or her office had issued any sort of press release.
Hereditary Confederacy Chiefs Council / Haudenosaunee Development Institute: Although having refused to in any way participate in a meeting where the Elected Council would also be present, the HCCC representatives, the HDI, did issue a press release. Specifically, The Confederacy council had issued a statement Wednesday afternoon declining to join the meeting, because it didn't meet its established communications protocol.
The council released another statement Thursday, saying it is "concerned for grave consequences that could erupt over the ensuing summer months as the Ontario legislature takes a summer break without returned to the communications protocol and discussions."
The statement also said the Confederacy council considers the DCE land rights issue settled because "third party interests have been removed with the land now registered in the Haudenosaunee Confederacy chiefs Council land registry."
The statement further noted a recent Supreme Court of Canada decision in a land rights case involving the Tsilhqot'in Nation "which determined that band councils do not have the ability in Canadian law to represent the collective rights and interests of the original people of this land."
The Confederacy council urged the Ontario government to return to a communications protocol to resolve outstanding issues. So the HCCC do not recognize the authority of the Elected Council - that is not new (it has been true since 1924), nor a surprise in the least.
This ruling by the Supreme Court of Canada is being used to re-energize the Hereditary faction and the HDI. I will include a separate posting with more details on the nature of this development. First,
Problems Concerning the Above Bold Printed Information:
1) Statement of the Ontario Government (Liberal Party) representatives: The Federal Government (Progressive Conservative Party) never left the negotiating table until the HCCC (who was there only as a courtesy) began making unreasonable proposals. The land claims were submitted in 1987, and in 1995 all parties agreed that the surrenders were legal and valid, but that there may have been irregularities in relation to Six Nations Trust Fund monies. Hence it was about money, not land. There things rested until 2006, and with amnesia and a sense of self - righteousness, some at Six Nations decided that despite what their own research and legal team had found, it was time to make a demand for land to be "returned", so they embarked on a "reclamation" process. As to the post 2006 negotiations, it was the Elected Council who bailed out in 2010 (in utter frustration having to deal with the HCCC's demands) leaving the Hereditary Council to carry the ball, however the latter do not have a legal mandate to negotiate for Six Nations. The negotiations at that point fell apart when the HCCC failed to be in any way reasonable in their demands with the Federal Government who thus were forced to withdraw as the Elected Council had.
2) Statements of the HCCC / HDI: We who live here well know what "grave consequences" means - in other words violence, and disruptions be they work stoppages or blocking roads.
The "communications protocol" is a sick joke. The HDI consistently make outlandish declarations. They are claiming facts that are not true, entitlements to which they are not due, and powers they don't possess - all the while threatening that if they don't get their way there will be dire consequences. Nothing has changed, This group, which has been fined by the Superior Court of Ontario for their illegal and shady activities is still demanding concepts originating in the mind of their legal representative such as conforming to their "communications protocol" - or else. This has been their modus operandi since 2006 to extract as much money as possible from for example developers. I have included specific information about this behavior in many previous postings to this blog. The bottom line - what does it take to have the goons go away and work stoppages end? Answer - payment of the "application fee" (generally between $3,000 and $7,000). They seem to have suffered a major blow with the judgment (injunction) of Justice Harrison Arrell of the Brantford Superior Court in 2009 fining them and associates over $800,000, later dropped to $350,000 and finally a settlement for $125,000. While this appears to have been a setback, the new ruling relating to the Indian Nation in BC has been over interpreted to somehow apply to Six Nations. Anyone who would buy into this assertion would be very naïve indeed. As ridiculous as it may be, the matter will probably have to be tested in Court. My sense of all this is that they are going to get caught in the lie, and again with their hand in the cookie jar since there is nothing to support their claims of a requirement to follow their "communications protocol" other than brash bravado.
As to the HCCC land registry, while there may be a HDI land registry, it is as legal as one I might chose to set up tomorrow. It is extremely presumptuous and a lie to say that the land no longer belongs to Ontario and is now in their Land Registry. What would happen if my extended family decided to "reclaim" lands along the Grand River that once belonged to our family, ejected the people who owned the land who possessed a deed registered in the Land Registry Officer in Cayuga, then began erecting a fence around the property? I can guarantee that we would all be instantly arrested and face a series of charges in Court. It is 8 years now and the HDI (a step child of the DCE "reclamation") has never relinquished their false claim to the DCE property and have remained "in control". The ONLY difference between the HDI and my extended family is that the former have government issued "status cards" and recognized as "special" under the Indian Act of 1876; the latter group at this time does not have "status" nor fall under the provisions of the Indian Act (which ironically tends to be "hated" by the very group that is profiting from it). Is this fair or just? The objective answer is that it is a reflection of a two-tiered system where one group of Canadians has rights and "entitlements" not given to others. If that is fair, I don't understand the meaning of the term. I have spent 40 years studying for example the Two Row Wampum, Covenant Chain, 1763 Proclamation, Haldimand Deed (of occupation), and all the surrenders from the 1780s onwards to 1850 - topics "status" people do not expect "non status" people to know and understand. I am not giving opinions pulled out of the clouds in this blog, but rather an assessment based on all of the facts pertaining to the matter.
In an article in "The Hamilton Spectator" of 11 July 2014 entitled, Six Nations Confederacy warns of "grave consequences", we learn further assertions of the HCCC / HDI in relation to the land. They state that, "The land is now under the sole jurisdiction of the Haudenosaunee Confederacy Chiefs Council" said the statement issued by the Six Nations Iroquois Confederacy of the Grand River Country. Sole jurisdiction? I wonder what the Elected Chief Ava Hill has to say about this. Also the name appended to the press release is brand new. To the best of my knowledge it has never been used before. Clearly the HDI are stepping up the pace and trying to turn the screws to exercise power they do not lawfully have - using threats and intimidation as their weapons of choice.
In summary, the Federal Government has repeatedly stated that Six Nations do not have any valid land claim which would result in the return of or payment for land - all surrenders were legal and are valid. At least three Ontario Superior Court Judges have ruled that if the land claims were to go to Court, Six Nations have only the weakest possible case. Again, there are possible issues related to the fiduciary responsibility of the Government - so the only wiggle room is over money not land - as well the legal representatives of the Elected Council knows. However, the legal representatives of the HCCC, if they do know it, in other words are aware of the results of the research of the Lands and Resources Department and previous negotiations, do not accept it.
Latest Update: "CHCH TV" on 11 July 2014 includes a report that, Province asks Ottawa for help in Caledonia (see here). An example of the content is, Duguid says he’s hoping for a solution in the coming months, but is looking to Ottawa for support: “At the end of the day, the federal government has not done enough. It’s time for the federal government to do more. Disagree with that as well.”
"The National Post" of 11 July 2014 provides more details (click here) of the Ontario Government's wrongful accusation of Federal Government inactivity in this file as follows:
It’s Ottawa’s fault that a Six Nations confederacy is warning of “grave consequences” this summer if Ontario continues talking with other groups about access to disputed land in Caledonia, Economic Development Minister Brad Duguid said Friday.
“I think that the responsibility for any consequence rests with the federal government, who is refusing to get to the table right now and solve that land claim,” Duguid told reporters. “That’s really the crux of the challenge.”
The province will do all it can to restore harmony in the area, such as meeting with the elected chief of the Six Nations, to discuss restricting access to the Douglas Creek Estates, but only Ottawa can deal with the land claim at the heart of the problem, added Duguid.
“The single most significant way that we can move beyond these challenges is for the federal government to get back to the bargaining table and settle that federal land claim,” he said. “That’s really the reason for the discontent, and the uncertainty that creates in the community.”
Sorry, but the ball is in the Ontario Government's Court, and must use its Courts and the Provincial police force to quell the problem. The above is nothing more than a classic example of "passing the buck". The Federal Government at the moment has its hands tied due to the negotiation process of 2010 where the Elected Council left the negotiating table, leaving the Hereditary Council to carry on - but it has no legal authority and so anything that might have emerged has no weight in law. The Hereditary Council don't want to negotiate (I have spoken to they and their supporters, they only want confirmation that the land at DCE is theirs and that their private HCCC "land registry" has supplanted the Ontario Land Registry system - which of course is absurd.
Right now, in the midst of the "Caledonia crisis", and event of their own making, the Haudenosaunee Confederacy Chiefs Council (HCCC) must be wringing their hands in glee. By sheer chance a new ruling has come from the Supreme Court that they (meaning their legal representative) has deemed also applies to them. In a nutshell, their perception is that it is the law of Canada that there is no requirement for the Government of Canada or the Provinces to work only with the elected band councils (mandated by the Indian Act of 1876 and revisions) - these bodies must also consult with the "wider community". There are some rather large flies in the ointment here, and a lot of assumptions, as far as Six Nations goes - but it is full steam ahead for the HCCC and their henchmen. So just what is this new ruling that the HCCC applies to them?
Bottom Line: The Ontario Government clearly does not understand that the Federal Government cannot do anything, by law, until the Six Nations Elected Council opts to return to the negotiating table. In other words the "Feds" hands are tied. So the answer is to "cave", and give in to the terrorists? The threats are now coming from HCCC about "grave consequences" if Ontario does not negotiate with them (despite the HCCC adamant refusal to negotiate with Ontario only a few days previous). NEVER negotiate with terrorists, NEVER give in to threats - it will seriously backfire in the long run.
The HCCC and HDI will torpedo the entire process - mark my words - the latter include dangerous thugs bent on enriching themselves, and who have shown that they will stop at nothing to get their own way. It seems that the Elected Council needs to step up to the plate and assert their rights. If they fail to do so, the Federal Government needs to stop all monies (our tax dollars) being sent to Six Nations until the matter is sorted out. If the Government caves, they could be placing land in the hands of the criminal elements poised on the doorstep of our community - a community which has suffered so much pain in the last 8 years. Can we expect to see ever more cigarette shacks selling contraband tobacco, or perhaps a casino? It would be the ultimate slap in the face, and would open the door, set a precedent, to permit the violent assertion of non existent rights across Ontario. We MUST draw the line in the sand here. NO MORE.
DeYo.
Please see CHCH TV evening news coverage here for the most recent update and key details Please click on the video news coverage as reported by Al Sweeny.
I want to emphasize that we in Caledonia are once again under virtual siege, and that violence could erupt at any time - it is a powder keg situation where we are dealing with individuals who have absolutely no respect for law and order.
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What follows is a chronological summary of what occurred on a very busy 10 July 2014 - with new information trickling in all day and into the evening.
It might be useful to read the immediately preceding posting to this blog since it gives a lead in to the events of the 9th and 10th of July 2014.
First Reports: The "Brantford Expositor" of 9 July 2014 provides an update on the meeting that took place between David Zimmer, Ontario Minister of Aboriginal Affairs; Ken Hewitt, Mayor of Haldimand County; and Ava Hill, Chief of the Six Nations Elected Council (SNEC).
In an article entitled, Sides in talks over DCE barricade (see here), it is reported that, The meeting at an undisclosed time and place included Zimmer, Infrastructure Minister Brad Duguid, Haldimand Mayor Ken Hewitt and Six Nations elected Chief Ava Hill.
Details concerning the outcome of the meeting were not available Wednesday evening.
Although it is not required by law, and generally proves disruptive to the process, it is noteworthy that a Haudenosaunee Confederacy Chiefs Council (HCCC) representative such as Head Chief Allen MacNaughton was not present. It can easily be determined why the no show as per the wording here:
The Six Nations Confederacy was invited to send a chief to the meeting, but the day before issued a statement that it “must respectfully decline the invitation to meet with Minister Zimmer, Minister Duguid, Mayor Hewitt and the representative of the Indian Act system” (the Confederacy's terminology for the elected council chief).
“The Haudenosaunee Confederacy Chiefs council have, through the communication protocol established with Ontario, repeatedly expressed their concerns to the province over the disruption of peace that continues to grow from the Crown's side of the Two Row Wampum,” the statement says.
“We would remind Ontario that this issue was dealt with in 2006 when Ontario agreed to remove all third party interests with the purchase of the land in question, without prejudice to our position that the land in question is Haudenosaunee land.
“It is within the authority to Ontario to rectify any outstanding issues with regard to third-party interests that affect Haudenosaunee lands at Kanonhstaton.”
The above was clearly written by someone with formal legal training. The HCCC / Haudenosaunee Development Institute (HDI) legal representative is Aaron Detlor (a licensed lawyer in Ontario).
Interpretation: So one might infer (particularly in light of previous statements on this subject) that HCCC does not recognize the legitimacy of SNEC despite the fact that the change to an elected system in 1924 was instituted by request of Six Nations progressives, and because the then Council had become severely dysfunctional and seriously delayed any business (decisions) that needed to be conducted with the Government of Canada (e.g., transfer payments, infrastructure, schools). Calling the duly elected, by a democratic process, Chief Hill a "representative of the Indian Act system" is a very clear indicator of why there will never be agreements until and unless the Federal Government recognizes the HCCC as the legitimate representatives of the people of the Six Nations Reserve. There are excellent legal reasons why that will never happen, including Court decisions such as Davey et al. v. Isaacs et al. (1974). However, mysteriously, the HCCC will consistently turn around and blame the Federal Government for failing to negotiate. It should be obvious that their blaming the Ontario or Federal Government is specious and self serving. The idea that in this day and age an oligarchy should be given authority over the elected representatives of the people is regressive and counterproductive. This is not 1714, it is 2014 and we have entered a highly complex modern era where if in this case Six Nations wishes to have the Government institute timely actions, there is a requirement for a representative body that will meet at regular intervals and are prepared to work with Government representatives to keep things working efficiently. It is Canadian taxpayer dollars which keeps the Six Nations programmes and services (e.g., policing, schools) humming along, and there is a need for accountability, something the HCCC has been unable or unwilling to do (e.g., with respect to the money extracted from developers by the HDI - no one outside this small clique knows where that money goes - a chronic complaint at Six Nations which I have discussed before).
The article continues, stating that, On the morning of the meeting Scott Cavan, a spokesman from Zimmer's office, expressed disappointment that the Confederacy would not be attending it.
“The province intends to proceed with the meeting and remains hopeful the Confederacy will reconsider their decision not to attend,” Cavan said at the time. But the Confederacy did not change its mind.
Interpretation: No, the Confederacy / HDI did not change its mind, but for some unknown reason, was gathered together on 9 July 2014 at the barricade blocking Surrey Street, with their legal representative, apparently waiting for someone from the Ontario or Haldimand governments to appear (at least that is the rumour that was going around in that location) to inform them of the meeting or consult in some manner - despite adamantly refusing to participate in any manner. What is a mystery is that if they wanted to be part of the process, why would they not see it to their advantage to be at the table and have input? Apparently it gives them license to later complain that they had no involvement so are not bound by any decisions made without them.
Further information, from "CHCH TV", includes what seem to be confusing platitudes offered by the HCCC legal representative as to why they refused to attend the meeting can be found here.
The "Hamilton Spectator" also has a story about the matter, and notes that Minister David Zimmer was not willing to provide further information about the meeting at this time (see here). However there are interesting statements from HCCC and as well HDI which speak volumes. Specifically, Representatives from the Haudenosaunee Confederacy were also invited to Wednesday's meeting, but declined. Hazel Hill, the director of the Haudenosaunee Development Institute, said the summit didn't meet the group's established communications protocol. The latter statement (bold printed by the present author) shows precisely what Haldimand County Council, developers and anyone has to face - their arbitrary set of "rules" which have no authority in law, and often end up being thinly disguised ways to extort something. In the past it has always meant paying an "application fee" (usually from $3,000 to $7,000) before anything can move forward. Ka ching. Anyone who wishes further information on this arbitrary "protocol" can read more here.
The HDI Director also said that, "The confederacy was put in the lead by the Six Nations people, and so the confederacy is the body to deal with treaties."
Interpretation - The Destructive Role of the HDI: Actually the above statement is not true:
1) The Six Nations Elected Council is the legally mandated voice of Six Nations. The Confederacy has, if anything, only "moral authority" and is invited to discussions as a courtesy.
2) The Ontario Government does not negotiate treaties, that is the purview of the Federal Government. The matter under review has nothing to do with a treaty (there are no treaties between the Crown and the Six Nations). The Ontario Government owns the property at DCE and it is registered on title in the Haldimand County Land Registry Office in Cayuga. Haldimand County is responsible for the roads currently established thereon, including Surrey Street. How this relates to supposed treaties is "unclear" to me.
As noted in recent postings to this blog, the HCCC / HDI intend to put a fence around the entire Douglas Creek Estates (DCE) property, and turn it into a "gated community" - even though it is owned by the Province of Ontario. Their goal is to continue the "reclamation" (theft) process, adding the DCE to the Six Nations Reserve (as indicated by the official welcome sign at the Surrey Street entrance to the property). Actually they consider the property to be theirs, and have attempted to keep all others from even entering the property - when in fact it belongs to the people of Ontario.
One basic conclusion can be drawn here at this point:
Factionalism ensures that nothing substantive can result from negotiations about the barricade.
The fact is that in most quarters outside the Reserve there is an almost complete lack of understanding of the key factionalism issues that keep Six Nations from acting as a unit. This is reflected in the Opinion column of "The Sachem" as seen here, where it is asserted that Haldimand County should have consulted with Six Nations before proceeding with the proposed barricade removal. The harsh reality, the true facts, are that that is impossible because you can at best meet with only one or the other of the Six Nations "governing bodies". If the Elected Council is consulted, the Confederacy will dig in its heels and refuse to meet with those who consult with their "rival" Elected party. This has been going on since 1924, and there are absolutely no indicators suggesting even a remote chance that this is going to change any time soon. Mayor Ken Hewitt and Council understand the dynamic and realize where negotiations lead - down the road to factional disagreement which ensure that nothing will get done. Often only a lawful unilateral decision can work. By meeting with the lawfully recognized party at Six Nations early in the matter, they have taken steps to ensure that the only ones that will fault them are those who do not understand Six Nations politics.
Provincial Government's Response is Released: An update just appeared in the "Brantford Expositor" in an article entitled, Two Ministers claim early success in talks (see here). Information not included to date here includes the following:
The joint statement by Ministers Zimmer and Duguid states that, their summit with Six Nations and Haldimand County leaders over the ongoing situation at the Douglas Creek Estates was successful enough to keep meeting to find a solution, and further that, “This meeting of the political leadership of the parties affected by DCE is a significant milestone for our ongoing efforts to reach a long-term, sustainable resolution for DCE”. Furthermore, The political leadership at the meeting committed to meet again later in the summer, and agreed to have their respective staff work on proposals for near-term and long-term issues.
In addition, “Only the settlement of the Six Nations' land claim will provide a permanent and sustainable solution to DCE,” they said.
“We reiterated our call for the federal government to return to the negotiation table.”
The two ministers also expressed disappointment the Haudenosaunee Confederacy Chiefs council declined an invitation to join the meeting.
“We will continue to encourage the Confederacy Chiefs Council to participate in our future discussion,” the statement said.
Further Update from the Brantford Expositor: Another article appeared in the "Brantford Expositor" later in the day (see here), entitled, Ministers call on Ottawa to restart land talks. Much of the article is an expansion on the above article in the same newspaper reported earlier in the day. I will divide the content into three components, relating to the responses of the three parties directly involved in the matter:
a) Haldimand Mayor Ken Hewitt: The Mayor has quite a bit to say - as follows:
Haldimand County Mayor Ken Hewitt says he sees signs of hope from a summit meeting held by two Ontario cabinet ministers over the latest Douglas Creek Estates dispute.
"It was positive to get a multi-ministerial meeting together so they could hear what we and Six Nations feel about the issues. That in itself was a good start," Hewitt said in an interview Thursday morning.
He was speaking about a meeting he attended Wednesday at an undisclosed location with Aboriginal Affairs Minister David Zimmer, Infrastructure Minister Brad Duguid and Six Nations elected Chief Ava Hill.
"We have to be optimistic that when parties come together and share their opinions, people come to understand each other better," Hewitt said.
He said the meeting contained frank and wide-ranging discussion about the concerns of Haldimand and Six Nations council resulting from the county's decision to remove a barrier on Surrey Street, the entrance to the disputed former Douglas Creek Estates property.
"We left it with the ministers that we both have concerns in our communities," said Hewitt.
"The ministers said they will meet with the cabinet and the premier (Kathleen Wynne) to talk about what can be done to bridge our communities' differences and not have them fighting."
Furthermore, the Mayor said about the parties involved in the meeting, "They're going to work on proposals keeping in mind what's doable from a pragmatic standpoint and a legal standpoint," said Hewitt.
b) Ontario Ministers Zimmer and Duguid: Ministers Zimmer and Duguid had similar perspectives of the meeting in a joint statement released early Thursday morning.
"This meeting of the political leadership of the parties affected by DCE is a significant milestone for our ongoing efforts to reach a long-term sustainable resolution for DCE," the statement says.
The ministers, Hewitt and Hill commited to meet again this summer and agreed to have their staff work on proposals for short- and long-term issues.
Furthermore, In their statement, Zimmer and Duguid said all parties in the meeting recognized that a solution can only be found in working co-operatively and in good faith.
"We also recognized the need to reduce the potential for confrontation and risk to public safety," the statement says.
Zimmer and Duguid contended in their statement that one ingredient is essential for a permanent resolution: "Only the settlement of the Six Nations' land claim will provide a permanent and sustainable solution to DCE," they said.
"We reiterated our call for the federal government to return to the negotiation table."
The two ministers also expressed disappointment the Haudenosaunee Confederacy Chiefs council declined an invitation to join the meeting, but said they "will continue to encourage the Confederacy Chiefs Council to participate in our future discussion."
c) Six Nations Elected Chief Ava Hill: The article did not note that either Chief Hill or her office had issued any sort of press release.
Hereditary Confederacy Chiefs Council / Haudenosaunee Development Institute: Although having refused to in any way participate in a meeting where the Elected Council would also be present, the HCCC representatives, the HDI, did issue a press release. Specifically, The Confederacy council had issued a statement Wednesday afternoon declining to join the meeting, because it didn't meet its established communications protocol.
The council released another statement Thursday, saying it is "concerned for grave consequences that could erupt over the ensuing summer months as the Ontario legislature takes a summer break without returned to the communications protocol and discussions."
The statement also said the Confederacy council considers the DCE land rights issue settled because "third party interests have been removed with the land now registered in the Haudenosaunee Confederacy chiefs Council land registry."
The statement further noted a recent Supreme Court of Canada decision in a land rights case involving the Tsilhqot'in Nation "which determined that band councils do not have the ability in Canadian law to represent the collective rights and interests of the original people of this land."
The Confederacy council urged the Ontario government to return to a communications protocol to resolve outstanding issues. So the HCCC do not recognize the authority of the Elected Council - that is not new (it has been true since 1924), nor a surprise in the least.
This ruling by the Supreme Court of Canada is being used to re-energize the Hereditary faction and the HDI. I will include a separate posting with more details on the nature of this development. First,
Problems Concerning the Above Bold Printed Information:
1) Statement of the Ontario Government (Liberal Party) representatives: The Federal Government (Progressive Conservative Party) never left the negotiating table until the HCCC (who was there only as a courtesy) began making unreasonable proposals. The land claims were submitted in 1987, and in 1995 all parties agreed that the surrenders were legal and valid, but that there may have been irregularities in relation to Six Nations Trust Fund monies. Hence it was about money, not land. There things rested until 2006, and with amnesia and a sense of self - righteousness, some at Six Nations decided that despite what their own research and legal team had found, it was time to make a demand for land to be "returned", so they embarked on a "reclamation" process. As to the post 2006 negotiations, it was the Elected Council who bailed out in 2010 (in utter frustration having to deal with the HCCC's demands) leaving the Hereditary Council to carry the ball, however the latter do not have a legal mandate to negotiate for Six Nations. The negotiations at that point fell apart when the HCCC failed to be in any way reasonable in their demands with the Federal Government who thus were forced to withdraw as the Elected Council had.
2) Statements of the HCCC / HDI: We who live here well know what "grave consequences" means - in other words violence, and disruptions be they work stoppages or blocking roads.
The "communications protocol" is a sick joke. The HDI consistently make outlandish declarations. They are claiming facts that are not true, entitlements to which they are not due, and powers they don't possess - all the while threatening that if they don't get their way there will be dire consequences. Nothing has changed, This group, which has been fined by the Superior Court of Ontario for their illegal and shady activities is still demanding concepts originating in the mind of their legal representative such as conforming to their "communications protocol" - or else. This has been their modus operandi since 2006 to extract as much money as possible from for example developers. I have included specific information about this behavior in many previous postings to this blog. The bottom line - what does it take to have the goons go away and work stoppages end? Answer - payment of the "application fee" (generally between $3,000 and $7,000). They seem to have suffered a major blow with the judgment (injunction) of Justice Harrison Arrell of the Brantford Superior Court in 2009 fining them and associates over $800,000, later dropped to $350,000 and finally a settlement for $125,000. While this appears to have been a setback, the new ruling relating to the Indian Nation in BC has been over interpreted to somehow apply to Six Nations. Anyone who would buy into this assertion would be very naïve indeed. As ridiculous as it may be, the matter will probably have to be tested in Court. My sense of all this is that they are going to get caught in the lie, and again with their hand in the cookie jar since there is nothing to support their claims of a requirement to follow their "communications protocol" other than brash bravado.
As to the HCCC land registry, while there may be a HDI land registry, it is as legal as one I might chose to set up tomorrow. It is extremely presumptuous and a lie to say that the land no longer belongs to Ontario and is now in their Land Registry. What would happen if my extended family decided to "reclaim" lands along the Grand River that once belonged to our family, ejected the people who owned the land who possessed a deed registered in the Land Registry Officer in Cayuga, then began erecting a fence around the property? I can guarantee that we would all be instantly arrested and face a series of charges in Court. It is 8 years now and the HDI (a step child of the DCE "reclamation") has never relinquished their false claim to the DCE property and have remained "in control". The ONLY difference between the HDI and my extended family is that the former have government issued "status cards" and recognized as "special" under the Indian Act of 1876; the latter group at this time does not have "status" nor fall under the provisions of the Indian Act (which ironically tends to be "hated" by the very group that is profiting from it). Is this fair or just? The objective answer is that it is a reflection of a two-tiered system where one group of Canadians has rights and "entitlements" not given to others. If that is fair, I don't understand the meaning of the term. I have spent 40 years studying for example the Two Row Wampum, Covenant Chain, 1763 Proclamation, Haldimand Deed (of occupation), and all the surrenders from the 1780s onwards to 1850 - topics "status" people do not expect "non status" people to know and understand. I am not giving opinions pulled out of the clouds in this blog, but rather an assessment based on all of the facts pertaining to the matter.
In an article in "The Hamilton Spectator" of 11 July 2014 entitled, Six Nations Confederacy warns of "grave consequences", we learn further assertions of the HCCC / HDI in relation to the land. They state that, "The land is now under the sole jurisdiction of the Haudenosaunee Confederacy Chiefs Council" said the statement issued by the Six Nations Iroquois Confederacy of the Grand River Country. Sole jurisdiction? I wonder what the Elected Chief Ava Hill has to say about this. Also the name appended to the press release is brand new. To the best of my knowledge it has never been used before. Clearly the HDI are stepping up the pace and trying to turn the screws to exercise power they do not lawfully have - using threats and intimidation as their weapons of choice.
In summary, the Federal Government has repeatedly stated that Six Nations do not have any valid land claim which would result in the return of or payment for land - all surrenders were legal and are valid. At least three Ontario Superior Court Judges have ruled that if the land claims were to go to Court, Six Nations have only the weakest possible case. Again, there are possible issues related to the fiduciary responsibility of the Government - so the only wiggle room is over money not land - as well the legal representatives of the Elected Council knows. However, the legal representatives of the HCCC, if they do know it, in other words are aware of the results of the research of the Lands and Resources Department and previous negotiations, do not accept it.
Latest Update: "CHCH TV" on 11 July 2014 includes a report that, Province asks Ottawa for help in Caledonia (see here). An example of the content is, Duguid says he’s hoping for a solution in the coming months, but is looking to Ottawa for support: “At the end of the day, the federal government has not done enough. It’s time for the federal government to do more. Disagree with that as well.”
"The National Post" of 11 July 2014 provides more details (click here) of the Ontario Government's wrongful accusation of Federal Government inactivity in this file as follows:
It’s Ottawa’s fault that a Six Nations confederacy is warning of “grave consequences” this summer if Ontario continues talking with other groups about access to disputed land in Caledonia, Economic Development Minister Brad Duguid said Friday.
“I think that the responsibility for any consequence rests with the federal government, who is refusing to get to the table right now and solve that land claim,” Duguid told reporters. “That’s really the crux of the challenge.”
The province will do all it can to restore harmony in the area, such as meeting with the elected chief of the Six Nations, to discuss restricting access to the Douglas Creek Estates, but only Ottawa can deal with the land claim at the heart of the problem, added Duguid.
Sorry, but the ball is in the Ontario Government's Court, and must use its Courts and the Provincial police force to quell the problem. The above is nothing more than a classic example of "passing the buck". The Federal Government at the moment has its hands tied due to the negotiation process of 2010 where the Elected Council left the negotiating table, leaving the Hereditary Council to carry on - but it has no legal authority and so anything that might have emerged has no weight in law. The Hereditary Council don't want to negotiate (I have spoken to they and their supporters, they only want confirmation that the land at DCE is theirs and that their private HCCC "land registry" has supplanted the Ontario Land Registry system - which of course is absurd.
Right now, in the midst of the "Caledonia crisis", and event of their own making, the Haudenosaunee Confederacy Chiefs Council (HCCC) must be wringing their hands in glee. By sheer chance a new ruling has come from the Supreme Court that they (meaning their legal representative) has deemed also applies to them. In a nutshell, their perception is that it is the law of Canada that there is no requirement for the Government of Canada or the Provinces to work only with the elected band councils (mandated by the Indian Act of 1876 and revisions) - these bodies must also consult with the "wider community". There are some rather large flies in the ointment here, and a lot of assumptions, as far as Six Nations goes - but it is full steam ahead for the HCCC and their henchmen. So just what is this new ruling that the HCCC applies to them?
Bottom Line: The Ontario Government clearly does not understand that the Federal Government cannot do anything, by law, until the Six Nations Elected Council opts to return to the negotiating table. In other words the "Feds" hands are tied. So the answer is to "cave", and give in to the terrorists? The threats are now coming from HCCC about "grave consequences" if Ontario does not negotiate with them (despite the HCCC adamant refusal to negotiate with Ontario only a few days previous). NEVER negotiate with terrorists, NEVER give in to threats - it will seriously backfire in the long run.
The HCCC and HDI will torpedo the entire process - mark my words - the latter include dangerous thugs bent on enriching themselves, and who have shown that they will stop at nothing to get their own way. It seems that the Elected Council needs to step up to the plate and assert their rights. If they fail to do so, the Federal Government needs to stop all monies (our tax dollars) being sent to Six Nations until the matter is sorted out. If the Government caves, they could be placing land in the hands of the criminal elements poised on the doorstep of our community - a community which has suffered so much pain in the last 8 years. Can we expect to see ever more cigarette shacks selling contraband tobacco, or perhaps a casino? It would be the ultimate slap in the face, and would open the door, set a precedent, to permit the violent assertion of non existent rights across Ontario. We MUST draw the line in the sand here. NO MORE.
DeYo.
Wednesday 9 July 2014
Hereditary Council Supporters Left Out of the Process - All Dressed Up at the Barrier and Nothing to Do
This just in! By sheer chance, an informant was driving at about 1:30 pm through Caledonia on a "Tim run" (only Canadians will understand what this is). He saw a CHCH mobile TV crew driving south on Argyle Street, and decided this could mean only one thing - activity at the barricade. Sure enough the same Six Nations cast of characters present on the 5th (at the time of Gary McHale's march) were also sitting or standing around near the shack at the entrance to Surrey Street - on the west side of the barricade. One person stood out from the rest as he was wearing a (well tailored) suit and tie. Here follows the description, with photos, I was sent.
Someone from Caledonia had called CHCH, but also present was a reporter for "Turtle Island News" as well as the editor of that newspaper; and a reporter for "Two Row Times". Clearly there was an sense of anticipation in the air. A "plant" came over to speak with CHCH - an American residing in Caledonia who was with US Steel (based on the jacket crest he was wearing). When asked why he and so many other unions such as CUPE supported Six Nations, the answer was that they supported them (unions) on the picket lines .........................
It was rather ironic that at the time I was reading "Turtle Island News", July 9, 2014, p.2, where there was some useful information in the article, Haudenosaunee Confederacy says Ontario can end any violence. Here they reported that, The Haudenosaunee Chiefs Council, in a press release Tuesday said council received an invitation from Ontario Aboriginal Affairs Minister David Zimmer's office to attend a summit meeting Wednesday, July 9, 2014 that is expected to include representatives from Ontario, Haldimand County and the Six Nations Elected Band Council. It seems that the HCCC were left out in the cold (actually it was a lovely warm day in Caledonia) and held out vain hope that they would be consulted - so instead were "waiting for Godot" - yet as we will see later, they set this up themselves. Then in the article there is spin about how HCCC is taking steps to mitigate the damage caused by those nasty citizens of Caledonia who just won't give up trying to seek the truth and justice (not their words). Further on in the article it says that, The release said Confederacy Council, at its July 5th meeting declined the invitation. This of course begs the question, who were the group at the barricades, dominated by HCCC supporters, waiting for since the HCCC had declined being a part of the meeting? Clearly they as well as the newspaper article were unclear as to the venue of the meeting, saying, A summit was planned for today somewhere between Toronto and Six Nations.
The release also, reminded Ontario of a recent Supreme Court decision in the Tsilhqot'in title and rights case which determined that Band Councils do not have the ability in Canadian law to represent the collective rights and interests of the original peoples of the land. Having read this decision, I cannot see how the HCCC can extrapolate from this case to their own situation which is firmly rooted in a series of Court decisions such as Davey et al. v. Isaacs et al. (1974). So encore, despite an offer to participate, the HCCC thumbed its nose at the process and sanctimoniously bowed out. The release goes on to issue an outright WARNING, that they are, deeply concerned that there will be grave consequences for all people involved should the Crown's inaction continue.
The article gives a review of the recent decisions of Haldimand County Council concerning the barricade and the access road (Surrey Street), including the most recent proposed by-law to keep everyone off Surry Street, but, Hewitt could not say if the by-law would apply to both Six Nations people and non-native activists, although he hinted that it might apply to both. If the latter statement proves to be correct, then the Mayor is being entirely fair and not favouring one side or the other. Mayor Hewitt added that, "The problem is you can't write a by-law that picks race or culture or colour or culture," said Hewitt. "If nobody's there then there's no stage for any issues. I understand the argument of (Six Nations) people being there as the protector of land but if there's an agreement between us all that all people are unauthorized on that land then there is no need to protect it at this point. The present author could not agree more - Mayor Hewitt is reflecting the views of all who advocate equal treatment before the law. What Mayor Hewitt does acknowledge is that the County has no jurisdiction over the land surrounding the problematic streets (Surrey and Thistlemoor), which is owned by the Province.
The article ends with some frustration that, The Ontario Aboriginal Affairs Ministry did not return requests for comment again.
At about 2:30 everyone dispersed and the site was empty within a few minutes. I am supposing that word had been received that the "officials" would be a no show at that location.
Rest assured, there will be a lot more to come pertaining to this issue. I will try to provide the most up to date information.
DeYo.
Someone from Caledonia had called CHCH, but also present was a reporter for "Turtle Island News" as well as the editor of that newspaper; and a reporter for "Two Row Times". Clearly there was an sense of anticipation in the air. A "plant" came over to speak with CHCH - an American residing in Caledonia who was with US Steel (based on the jacket crest he was wearing). When asked why he and so many other unions such as CUPE supported Six Nations, the answer was that they supported them (unions) on the picket lines .........................
 |
| Al Sweeney of CHCH talking to Turtle Island News and the HDI |
My correspondent was known to many there, and known to be less than supportive of the Hereditary Confederacy Chiefs Council position. One reason being that all Court decisions had ruled that only the Elected Council were the legal representatives of Six Nations. Any meeting with HCCC or their representatives such as Haudenosaunee Development Institute (HDI) were of a courtesy nature only. In reaching the barricade it turned out that the "suit" present was not the Aboriginal Affairs Minister, or the Mayor of Haldimand, but the legal representative for HDI, A D. He was asked what his clan was, since there have always been questions as to why a non-Native was representing Six Nations people (although it is possible, as he was reported to have said on one occasion, that he was Mohawk on his mother's side). He was unable to answer the question, and was clearly confused by it (meaning did not seem to have a ready answer, although he tried to speak his answers were not understood). A woman (curiously the very slight woman who tore the sign from the neck of the Caledonia marcher on the 5th) had a ready answer, as follows, It doesn't matter, we have accepted him because he is of the right mind. Ok, I guess that settles that.  |
| A D, in suit |
Judging by what was said or inferred from the talk going around at the barricade, people were awaiting the possible arrival of Ontario Aboriginal Affairs Minister David Zimmer, and Haldimand Mayor Ken Hewitt. It was general knowledge that there would be a meeting between these parties and the Chief Ava Hill of the Elected Council - but no one seemed to know where the "secret" meeting was to take place, or when, or whether they would make an appearance at the barricade. It was rather ironic that at the time I was reading "Turtle Island News", July 9, 2014, p.2, where there was some useful information in the article, Haudenosaunee Confederacy says Ontario can end any violence. Here they reported that, The Haudenosaunee Chiefs Council, in a press release Tuesday said council received an invitation from Ontario Aboriginal Affairs Minister David Zimmer's office to attend a summit meeting Wednesday, July 9, 2014 that is expected to include representatives from Ontario, Haldimand County and the Six Nations Elected Band Council. It seems that the HCCC were left out in the cold (actually it was a lovely warm day in Caledonia) and held out vain hope that they would be consulted - so instead were "waiting for Godot" - yet as we will see later, they set this up themselves. Then in the article there is spin about how HCCC is taking steps to mitigate the damage caused by those nasty citizens of Caledonia who just won't give up trying to seek the truth and justice (not their words). Further on in the article it says that, The release said Confederacy Council, at its July 5th meeting declined the invitation. This of course begs the question, who were the group at the barricades, dominated by HCCC supporters, waiting for since the HCCC had declined being a part of the meeting? Clearly they as well as the newspaper article were unclear as to the venue of the meeting, saying, A summit was planned for today somewhere between Toronto and Six Nations.
The release also, reminded Ontario of a recent Supreme Court decision in the Tsilhqot'in title and rights case which determined that Band Councils do not have the ability in Canadian law to represent the collective rights and interests of the original peoples of the land. Having read this decision, I cannot see how the HCCC can extrapolate from this case to their own situation which is firmly rooted in a series of Court decisions such as Davey et al. v. Isaacs et al. (1974). So encore, despite an offer to participate, the HCCC thumbed its nose at the process and sanctimoniously bowed out. The release goes on to issue an outright WARNING, that they are, deeply concerned that there will be grave consequences for all people involved should the Crown's inaction continue.
The article gives a review of the recent decisions of Haldimand County Council concerning the barricade and the access road (Surrey Street), including the most recent proposed by-law to keep everyone off Surry Street, but, Hewitt could not say if the by-law would apply to both Six Nations people and non-native activists, although he hinted that it might apply to both. If the latter statement proves to be correct, then the Mayor is being entirely fair and not favouring one side or the other. Mayor Hewitt added that, "The problem is you can't write a by-law that picks race or culture or colour or culture," said Hewitt. "If nobody's there then there's no stage for any issues. I understand the argument of (Six Nations) people being there as the protector of land but if there's an agreement between us all that all people are unauthorized on that land then there is no need to protect it at this point. The present author could not agree more - Mayor Hewitt is reflecting the views of all who advocate equal treatment before the law. What Mayor Hewitt does acknowledge is that the County has no jurisdiction over the land surrounding the problematic streets (Surrey and Thistlemoor), which is owned by the Province.
The article ends with some frustration that, The Ontario Aboriginal Affairs Ministry did not return requests for comment again.
At about 2:30 everyone dispersed and the site was empty within a few minutes. I am supposing that word had been received that the "officials" would be a no show at that location.
Rest assured, there will be a lot more to come pertaining to this issue. I will try to provide the most up to date information.
DeYo.
Saturday 5 July 2014
Hold the Presses! "Riot" - Melee Breaks Out at DCE Barricade
UPDATE 12 July 2014: If you wish to see a shining example of how the radicals do not respect anyone, even their own female elders, you must see this video uploaded from CANACE here. It was taken during the melee of the 5th of July 2014. This charming "gentleman" is also the one seen throwing tires on the fire in the middle of Argyle Street in 2006. If you can stand to see and listen to this video (warning - extremely coarse and degrading language is used), recall the words he used to disrespect this female Six Nations elder, and the threats of what he would do to the daughter of a woman who is behind the videographer - we need to know what we are dealing with. know that he is not representative of the Six Nations people, although unfortunately there are others who fall into this category on the extreme fringe of things.
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Saturday, 5 July 2014 will go down as a day of infamy. A peaceful picnic and march by citizens of Caledonia and their supporters was met by an "ambush" by Natives lying in wait, itching for a fight. It all happened outside the barricade, the one that illegally blocks Surrey Street, and such anger, such outright hostility and righteous indignation - "how dare you challenge our authority, we are the true owners of this land" - those words were heard by reliable witnesses. Like all stories, we need to go back to the beginning.
The reason given for the rally organized by Gary McHale was due to the backtracking by Haldimand Council, who had stated that they unanimously agreed that the barricade had to come down, then seemed to lose their will after Mayor Hewitt met with the radical Men's Fire and others at Six Nations and made it seem that the agreement to have a contractor remove the barricade was off. Concerns were heightened when Gary learned of the most recent secret meeting of Haldimand Council which recommended that a by - law be enacted to keep "negative influences" away from the road. Of course everyone suspected that this meant Gary, not Six Nations, and thus we are back to square one with a two-tiered system along racial - ethnic divides. So the way this would(n't) work is that the Indians can stay at DCE and walk around at will, even HH and AM notorious activists; but the "bad townies" meaning all residents, and especially Gary McHale, had to be kept out. Please note that this is all supposition, until we find out what, specifically, the Ontario, County, and Band Council has hammered out. It is not fair to "taint" Haldimand County Council before we have all the facts.
This blatantly racist by-law (if it emerges as many suspect)would be precisely the sort of action that we had spent 8 years fighting against. Any wonder that concerns were heightened. We have learned over the years that no matter what, no matter who, no matter when, the activists running DCE have expressed an adamant refusal to be told what to do, or even to negotiate a sane and sensible solution to the problem of the blocked road. All of us knew that we were being set up once more to be relegated to second class citizen status, while the very people who stole and occupied land that was duly and legally surrendered 170 years ago would be given free rein. I have searched all of the relevant documents, and there are NO irregularities upon which to pin any claim to recover land the ancestors wished sold so that the monies could be deposited in the Six Nations Trust Fund. The "it's ok for you to be there, but not you" assertion is simply not acceptable, or an option. I apologize in advance for jumping to conclusions - but past behavior is the best predictor to future behavior.
When the participants had finished their meal, most took Canadian flags, and one person had a sign which gave the date the land on which DCE sits was surrendered to the Crown, while another had around his neck a sign offering a copy of the surrender for anyone who wished to have one. Lets just say there were no takers for the latter. Another sign carried to the barricade related to the need for an apology.
From the sidelines there was a constant verbal harassment by Six Nations and supporter (mostly the former) when Gary stopped to give an interview to CHCH TV reporter Al Sweeney (kudos to them for showing up and taking the time to as a series of excellent questions), and also reporters for "Turtle Island News" and "Two Row Times". These were apparently the only media present. There were however bloggers and others present and also taking videos and pictures. It will be interesting to see what will show on the tapes of the event once they are published.
There were about 20 Ontario Provincial Police officers present, including a Native Liaison Officer. Vehicles continued to arrive via the road off the 6th Line until more than 50 (an estimate) Six Nations and supporters were there compared to the 20 of so "townies and supporters". Clearly outnumbered, the latter (and the police) were subject to all sorts of verbal and physical abuse.
The tapes show the usual suspects who appear at all such rallies, including one or more with restraining orders which were broken, and which were caught on tape (presumably to be used for prosecution later). There were relatively minor assaults breaking out in clusters along the margin of the barricade. None of the Caledonians went beyond the barricade, but Six Nations had a full presence there and more and more were arriving from the access off 6th Line. It is true that some Caledonians did goad on some of the most unsavoury elements, even by simple non - verbal behaviours such as blowing a kiss, which seemed to infuriate some rather thin skinned "Natives". One of the latter claimed that he sleeps in the chipboard shack just behind the barricade, probably to try to avert any night time attempt on the part of Haldimand Council contractors to remove the barricade. He is also one of the two individuals seen throwing tires on the fire made in the middle of Argyle Street in 2006 - still wearing the same shirt. As to how many of these worthies have actual jobs is anyone's guess - Chief Clarence Louis of the immensely successfully Osoyoos Band in British Columbia says the first criteria for any warrior is, "has a job".
To be frank, although there were calm elements among the Six Nations, they were few and far between and did not make their presence known. The brash, noisy, boorish, disrespectful, no class - low class, angry types were front and center. Some of the older individuals simply went around bumping into Caledonians in a sort of passive aggressive manner. It is positively scary to think that what was seen here (soon to be uploaded via video tape for all to assess) is in 2014 a microcosm of Six Nations, and thus might represent a cross section of all of Six Nations. I desperately hope that his is not true, and will seek clarification on this point in due course. Unfortunately I did recognize a number present who I thought were moderate and rational ........................... I expect that many who would be horrified by what they would see simply stayed away.
1) CHCH TV Hamilton: See here. CHCH was the only non - Reserve media outlet to cover this story directly. My thanks to them for venturing into this place, a world away from Toronto or Hamilton, where in the past their (CHCH) reporters have been assaulted and their equipment stolen by Six Nations militants.
2) The Hamilton Spectator: The most recent article on DCE came out today, although it did not mention the "gathering" on the 5th. This article can be seen here.
3) The Brantford Expositor: Nothing to date.
4) The Sachem: See here for the article in the Sachem of 7 July 2014 which summarizes key events of the last few weeks, and provides some coverage of the "melee". It was excellent that they included the entire wording of the sign at the top of this posting.
Citizen Coverage:
1) CANACE video, 5 July 2014, of Gary McHale arresting OPP officer, click here.
2) CANACE video, 4 May 2014, of Gary McHale and other citizens (including Natives who believe in his cause) trying to walk along a public (Haldimand County owned) road (Surrey Street). The content reveals volumes about the people who consider themselves "defenders of the land" (when in fact they have no title or rights other than those possessed by other Canadian citizens). Click here for a shocking expose - yes, you heard it right, the woman said "shoot him".
Other coverage will be included as it becomes available. Other than "Turtle Island News" and "Two Row Times" (although a question can be raised as to whether their seemingly biased reporting counts as real journalism or merely propaganda) were present. However if either provides a video it will be included here for completeness sake. Whatever "press coverage" is given to the event will be posted next Wednesday (date of publication). Here is a prediction. One or both will excoriate McHale and the Caledonians, and paint a picture of the Six Nations people as heroes, victims of colonialism, and defenders of the land (despite the irrefutable fact that they stole the land from the legal owners). We will see what sort of slant is given by Rez reporters, or whether they attempt to present both sides of the argument in a fair and objective manner - and which of the two newspapers best demonstrates the basic principles of their profession.
Six Nations Picnic Planned for Sunday 6 June 2014: It will be plainly seen in the available videos that Six Nations who were in attendance had no intention of permitting Caledonians to have their peaceful assembly at the barricade. The people of Caledonia and their supporters had every right to have a picnic on property owned near DCE by one of them, and then peacefully march to the barricade carrying Canadian flags. It was seen as some sort of "attack" by those Six Nations and supporters in attendance on the 5th. Somehow they found out about the event and came in droves to make Caledonians as unwelcome as imaginable. On the 6th Six Nations activists are planning a picnic and will be at the barricade. Lets see how many Caledonians make an appearance to disturb their event. My guess is that precisely zero will appear, since most of us realize that it is their right to hold such an event, and we should not disrespect it. On the 5th Caledonians were shown the utmost disdain and intolerance. Despite my ties and experiences of my early years, it is now clear to me that the Six Nations who have been radicalized and emboldened are racist and intolerant, and that to them while it is fine and right for them to have a picnic at the barricade, the same does not hold true for Caledonians, who in their eyes have no rights. So much for the "mutual understanding" that Mayor Hewitt and others speak of. That is a pie in the sky concept which does not apply at ground level. Six Nations present behaved as bullies on the 5th - lets see what can be said about the events of the 6th.
Update 6th June 2014 - Six Nations Picnic: I have driven past the DCE site from time to time on the 6th and all appears to be quiet on this front. There are no Caledonians with signs, I saw not a single OPP car anywhere in the vicinity (compared to the numerous and specialized vehicles seen yesterday).
Assessment: Alas due to these events as they unfolded in front of the video cameras, it is all too clear that there is absolutely zero hope for Haldimand County Council, Ontario Aboriginal Affairs or their Federal counterpart to make any headway except by totally and utterly capitulating to the combatants. I am hoping that this will never happen as it will cause a ripple effect through Caledonia and beyond, and make a mockery of true justice. We would come to realize that to stop violent take overs in our own country, we will have to do our own policing since no one has the guts to challenge the criminals who are running amok at DCE, and emboldened - awaiting their next "venture". Will your community be next?
It was a relief not to see any "extraneous" flags flying on the 5th. Often in the past there were CUPE union supported groups present, sporting the flags that reflect their "cause". In the past there have been Palestinian flags at DCE. What is particularly troubling about the latter group is that a hauntingly similar situation involving "skewed policing" that we have come to expect in Caledonia, occurred in Missisauga yesterday outside "Palestine House", whose radical Islamic affiliations are well know to all levels of Government. As can be seen in the Sun News tape here, the Palestinians violently attacked bystanders with their flag poles injuring a man who wore "Never Again" on his sleeve. A very slight Japanese woman barely escaped injury as she was escorted across the street by the Toronto Police. Basically the police did nothing to avert the violence, thus emboldening the Palestinian attackers. Assaults were clearly evident on the video tape, and unless the police will be making arrests in the matter after reviewing this evidence - shame on them. It was the victims who were singled out by police for "enforcement procedures" including arrests. It appears that two-tiered policing has moved from Caledonia and Ipperwash to the streets of Toronto - Missisauga. It would appear that we are seeing the future in these incidents of selective enforcements, where the most violent elements (considered "oppressed minority groups" by some - although relatively few) are allowed to ran rampant while the police act as "peacekeepers" - which is a total joke as we have learned here in Caledonia.
I must note in all fairness that on this occasion, at the barricades in Caledonia, I did not see any evidence of two-tiered policing during the picnic and march of the 5th. The female sergeant was, in my opinion, very even handed and was doing a fine job in the midst of the chaos all about her. She has been at other events (e.g., 4 May 2014) where matters were kept under control. There was no thin blue line facing only the Caledonians. There was no sense of being "singled out" because we were on one side of the fray - as has been the case from 2006 to 2013. The OPP officers were milling about calmly attempting to keep tempers under control and turn down the volume. There is nothing in the way of any complaint that at this occasion, can be said about the actions of the OPP officers. This makes two occasions (the other being the arrest of JG) where I had the sense that officers were doing their jobs without any "preference" or special treatment accorded one side or the other. This bodes well, but we have been burnt so often in the past that it will take some time to regain the trust we had before 2006 - good start though. This is why I was surprised by the actions of Mr. McHale (citizen's arrest of the sergeant). Perhaps there was more than what I saw to explain the events which unfolded.
In a modern democracy it should not be the responsibility of everyday citizens to do whatever it takes to bring law and order to their own community. We give up any vigilantism with the understanding that we will be protected. However, what are we supposed to do when the preferred methods of Dr. Martin Luther King have failed us time and time again. We have given the OPP 8 years to "do something". At this point many of us are thinking that we would like our present Government to do what Prime Minister Pierre E. Trudeau did during the Front de Libertion du Quebec (FLQ) crisis - send in the army - and speaking as someone who saw armed soldiers patrolling our streets, we were relieved and thankful for his actions. Would that we had a P.E.T. today - we desperately need someone at the helm of Government with his moxy to take charge and rid us of this volatile anarchy perpetrated by Six Nations militants. It is setting a dangerous precedent - something the average Canadian does not seem to see, but who will pay dearly later for their apathy when it all appears on their doorstep.
My conclusion here in relation to the two picnics, Caledonia on the 5th and Six Nations on the 6th, is that Six Nations operate with a double standard. It is fine and expected for them to have a peaceful picnic, but wrong and divisive and provoking for Caledonians to have a picnic under the same terms. This in many quarters would be termed two faced hypocrisy. The Six Nations (an unknown percentage of the whole) have exposed a violent and contemptible streak that no one wants to talk about, but the summary of picture and descriptions from 2006 to 2010 in Christie Blatchford's book, and the recent videos (right to yesterday), are consistent and speak much more loudly than the spin used in the Rez newspapers and other sources to paint a picture they want you to believe but that is simply not true. Come to Caledonia and see for yourself if you want to see the "real face" of Six Nations in 2014. I am dreadfully ashamed. I know that my Six Nations ancestors would be horrified to see what has become of their people. As a rule, the uncles and aunties who over the generations stayed Rez side did not fare too well (violence and early death being standard fare), the ones who left were generally able to make something of their lives (with some notable exceptions of course). The point has been driven home that the key to success is education not indoctrination; critical thinking skills not robotic recitation of entrenched beliefs. The key to success clearly is the avoidance of locations ripe with toxic influences.
More and more the veil is lifted on this radical element, and the stark reality becomes apparent. Unfortunately the vast majority of the residents of Six Nations who would have a more open minded approach were nowhere to be seen. There were actually "Natives" present with the Caledonia group who see themselves as Canadian and are horrified at the trampling of human rights seen at such events. None were current residents of Six Nations - it would simply be far too dangerous to show support of truth and justice because of the on Rez dynamics.
I urge the various Government agencies to use caution, assuming that those in Haldimand County are not going to rise up, that is something only Six Nations would do - this is a dangerous assumption. I live here. I have connections in all camps. I am hoping for the best, but will prepare to take the actions needed to see justice done in this neck of the woods. Hopefully cool heads will prevail and justice will be served by not pandering to the "demands" of Six Nations militants. The problem is that many have dug in their heels. They have invested so much time and emotional commitment into this "reclamation" to the point that they are absolutely unwilling / unable to see reason, common sense, the facts, the evidence, the truth or anything resembling these concepts. Many have the attitude that it is my way or no way - I have heard this time and again with my own ears.
I will never abandon the methods of science and the deployment of hard evidence to determine who has right on their side. We know who at present has might (not right) on their side, and who has shown a willingness to use it. If we permit this, "it is so because I believe it to be so" attitude to prevail, we are cooked. Our country is poised to descend into anarchy as our Government and our police forces abandon us to our fate. Few people who are Six Nations are willing to speak out and speak the truth - there are strong social pressures to conform and keep up the appearance of a united front to the world (while in the background the factionalism is tearing the community apart). We (Caledonians and right minded Six Nations) should be standing together in this - it is a human rights issue, and should be of concern to all. But, this is Caledonia.
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Saturday, 5 July 2014 will go down as a day of infamy. A peaceful picnic and march by citizens of Caledonia and their supporters was met by an "ambush" by Natives lying in wait, itching for a fight. It all happened outside the barricade, the one that illegally blocks Surrey Street, and such anger, such outright hostility and righteous indignation - "how dare you challenge our authority, we are the true owners of this land" - those words were heard by reliable witnesses. Like all stories, we need to go back to the beginning.
The reason given for the rally organized by Gary McHale was due to the backtracking by Haldimand Council, who had stated that they unanimously agreed that the barricade had to come down, then seemed to lose their will after Mayor Hewitt met with the radical Men's Fire and others at Six Nations and made it seem that the agreement to have a contractor remove the barricade was off. Concerns were heightened when Gary learned of the most recent secret meeting of Haldimand Council which recommended that a by - law be enacted to keep "negative influences" away from the road. Of course everyone suspected that this meant Gary, not Six Nations, and thus we are back to square one with a two-tiered system along racial - ethnic divides. So the way this would(n't) work is that the Indians can stay at DCE and walk around at will, even HH and AM notorious activists; but the "bad townies" meaning all residents, and especially Gary McHale, had to be kept out. Please note that this is all supposition, until we find out what, specifically, the Ontario, County, and Band Council has hammered out. It is not fair to "taint" Haldimand County Council before we have all the facts.
This blatantly racist by-law (if it emerges as many suspect)would be precisely the sort of action that we had spent 8 years fighting against. Any wonder that concerns were heightened. We have learned over the years that no matter what, no matter who, no matter when, the activists running DCE have expressed an adamant refusal to be told what to do, or even to negotiate a sane and sensible solution to the problem of the blocked road. All of us knew that we were being set up once more to be relegated to second class citizen status, while the very people who stole and occupied land that was duly and legally surrendered 170 years ago would be given free rein. I have searched all of the relevant documents, and there are NO irregularities upon which to pin any claim to recover land the ancestors wished sold so that the monies could be deposited in the Six Nations Trust Fund. The "it's ok for you to be there, but not you" assertion is simply not acceptable, or an option. I apologize in advance for jumping to conclusions - but past behavior is the best predictor to future behavior.
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| This sign was not well received at the barricade |
The group met at a location in central Caledonia and travelled from there to the property purchased by RF, situated at the south end of the DCE property. At that point a Bar-B-Que was set up, and all there socialized for more than an hour.
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| The picnic at the part of DCE owned by a Caledonian |
When the participants had finished their meal, most took Canadian flags, and one person had a sign which gave the date the land on which DCE sits was surrendered to the Crown, while another had around his neck a sign offering a copy of the surrender for anyone who wished to have one. Lets just say there were no takers for the latter. Another sign carried to the barricade related to the need for an apology.
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| View of cars of Caledonians toward barricade |
As to the sign welcoming requests for copies of the surrender, one of the first things someone at the barricade did (a tiny but feisty woman with ill manners), was to "pop up out of nowhere", and rip the sign off the holder by grabbing on to the cord and simply yanking. If the attachment had been metal, it could have sliced open the carotid artery of the person whose only "crime" was to offer factual material to all interested parties, irrespective of racial - ethnic group. This was but one of many bad mannered and disrespectful acts that were to occur in the midst of a general melee.
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| Enroute to barricade with an "escort" |
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| Six Nations members on access via 6th Line cat calling during interview |
From the sidelines there was a constant verbal harassment by Six Nations and supporter (mostly the former) when Gary stopped to give an interview to CHCH TV reporter Al Sweeney (kudos to them for showing up and taking the time to as a series of excellent questions), and also reporters for "Turtle Island News" and "Two Row Times". These were apparently the only media present. There were however bloggers and others present and also taking videos and pictures. It will be interesting to see what will show on the tapes of the event once they are published.
There were about 20 Ontario Provincial Police officers present, including a Native Liaison Officer. Vehicles continued to arrive via the road off the 6th Line until more than 50 (an estimate) Six Nations and supporters were there compared to the 20 of so "townies and supporters". Clearly outnumbered, the latter (and the police) were subject to all sorts of verbal and physical abuse.
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| Reporters |
At the actual barricade site itself, there were lines (some arm in arm) of Six Nations and supporters and groups or very agitated and angry looking young men and women. In my entire life I have never heard more profanity, and more hurling of threats as occurred at the barricade on that day. They were nothing more than schoolyard bullies. The OPP and the Caledonia contingent were the target - the venom was coming from Six Nations. I did not hear a single word of profanity or anything more than raising of voices by the Caledonia group; and yet the Six Nations group behaved badly making the usual "trailer trash" seen on COPS to appear positively gentrified by comparison to the embarrassing behavior of the Six Nations members who were present. The tapes show the usual suspects who appear at all such rallies, including one or more with restraining orders which were broken, and which were caught on tape (presumably to be used for prosecution later). There were relatively minor assaults breaking out in clusters along the margin of the barricade. None of the Caledonians went beyond the barricade, but Six Nations had a full presence there and more and more were arriving from the access off 6th Line. It is true that some Caledonians did goad on some of the most unsavoury elements, even by simple non - verbal behaviours such as blowing a kiss, which seemed to infuriate some rather thin skinned "Natives". One of the latter claimed that he sleeps in the chipboard shack just behind the barricade, probably to try to avert any night time attempt on the part of Haldimand Council contractors to remove the barricade. He is also one of the two individuals seen throwing tires on the fire made in the middle of Argyle Street in 2006 - still wearing the same shirt. As to how many of these worthies have actual jobs is anyone's guess - Chief Clarence Louis of the immensely successfully Osoyoos Band in British Columbia says the first criteria for any warrior is, "has a job".
To be frank, although there were calm elements among the Six Nations, they were few and far between and did not make their presence known. The brash, noisy, boorish, disrespectful, no class - low class, angry types were front and center. Some of the older individuals simply went around bumping into Caledonians in a sort of passive aggressive manner. It is positively scary to think that what was seen here (soon to be uploaded via video tape for all to assess) is in 2014 a microcosm of Six Nations, and thus might represent a cross section of all of Six Nations. I desperately hope that his is not true, and will seek clarification on this point in due course. Unfortunately I did recognize a number present who I thought were moderate and rational ........................... I expect that many who would be horrified by what they would see simply stayed away.
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| A bit of the melee at the barricade |
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| A perspective at the barricade - Caledonia crew with sign that was not well received |
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| Perspective at the barricade - Six Nations view - three OPP officers on right |
Toward the end of the melee various citizen's arrests were enacted. As I understand it, Gary McHale made a citizen's arrest on an OPP officer, apparently because the latter supposedly released a "Native" wanted in a criminal matter, and insisted that he be driven, with the "officer under arrest" and a witness to the Cayuga Detachment. Then JW, a reporter for "Two Row Times", made a citizen's arrest on Gary McHale, supposedly for "inciting a riot". The latter action may be problematic to the person making the arrest due to the circumstances, it was a melee not a riot, and the instigators of whatever it was were "Native", and Gary's intimate knowledge of the law in these sort of situations will be deployed. All parties were headed to the Cayuga Detachment and further information is pending. Despite being present, I am still unclear as to what the issues were. Perhaps the videos noted below will clarify matters. |
| Gary McHale enroute to Cayuga Detachment |
Media Coverage:1) CHCH TV Hamilton: See here. CHCH was the only non - Reserve media outlet to cover this story directly. My thanks to them for venturing into this place, a world away from Toronto or Hamilton, where in the past their (CHCH) reporters have been assaulted and their equipment stolen by Six Nations militants.
2) The Hamilton Spectator: The most recent article on DCE came out today, although it did not mention the "gathering" on the 5th. This article can be seen here.
3) The Brantford Expositor: Nothing to date.
4) The Sachem: See here for the article in the Sachem of 7 July 2014 which summarizes key events of the last few weeks, and provides some coverage of the "melee". It was excellent that they included the entire wording of the sign at the top of this posting.
Citizen Coverage:
1) CANACE video, 5 July 2014, of Gary McHale arresting OPP officer, click here.
2) CANACE video, 4 May 2014, of Gary McHale and other citizens (including Natives who believe in his cause) trying to walk along a public (Haldimand County owned) road (Surrey Street). The content reveals volumes about the people who consider themselves "defenders of the land" (when in fact they have no title or rights other than those possessed by other Canadian citizens). Click here for a shocking expose - yes, you heard it right, the woman said "shoot him".
Other coverage will be included as it becomes available. Other than "Turtle Island News" and "Two Row Times" (although a question can be raised as to whether their seemingly biased reporting counts as real journalism or merely propaganda) were present. However if either provides a video it will be included here for completeness sake. Whatever "press coverage" is given to the event will be posted next Wednesday (date of publication). Here is a prediction. One or both will excoriate McHale and the Caledonians, and paint a picture of the Six Nations people as heroes, victims of colonialism, and defenders of the land (despite the irrefutable fact that they stole the land from the legal owners). We will see what sort of slant is given by Rez reporters, or whether they attempt to present both sides of the argument in a fair and objective manner - and which of the two newspapers best demonstrates the basic principles of their profession.
Six Nations Picnic Planned for Sunday 6 June 2014: It will be plainly seen in the available videos that Six Nations who were in attendance had no intention of permitting Caledonians to have their peaceful assembly at the barricade. The people of Caledonia and their supporters had every right to have a picnic on property owned near DCE by one of them, and then peacefully march to the barricade carrying Canadian flags. It was seen as some sort of "attack" by those Six Nations and supporters in attendance on the 5th. Somehow they found out about the event and came in droves to make Caledonians as unwelcome as imaginable. On the 6th Six Nations activists are planning a picnic and will be at the barricade. Lets see how many Caledonians make an appearance to disturb their event. My guess is that precisely zero will appear, since most of us realize that it is their right to hold such an event, and we should not disrespect it. On the 5th Caledonians were shown the utmost disdain and intolerance. Despite my ties and experiences of my early years, it is now clear to me that the Six Nations who have been radicalized and emboldened are racist and intolerant, and that to them while it is fine and right for them to have a picnic at the barricade, the same does not hold true for Caledonians, who in their eyes have no rights. So much for the "mutual understanding" that Mayor Hewitt and others speak of. That is a pie in the sky concept which does not apply at ground level. Six Nations present behaved as bullies on the 5th - lets see what can be said about the events of the 6th.
Update 6th June 2014 - Six Nations Picnic: I have driven past the DCE site from time to time on the 6th and all appears to be quiet on this front. There are no Caledonians with signs, I saw not a single OPP car anywhere in the vicinity (compared to the numerous and specialized vehicles seen yesterday).
Assessment: Alas due to these events as they unfolded in front of the video cameras, it is all too clear that there is absolutely zero hope for Haldimand County Council, Ontario Aboriginal Affairs or their Federal counterpart to make any headway except by totally and utterly capitulating to the combatants. I am hoping that this will never happen as it will cause a ripple effect through Caledonia and beyond, and make a mockery of true justice. We would come to realize that to stop violent take overs in our own country, we will have to do our own policing since no one has the guts to challenge the criminals who are running amok at DCE, and emboldened - awaiting their next "venture". Will your community be next?
It was a relief not to see any "extraneous" flags flying on the 5th. Often in the past there were CUPE union supported groups present, sporting the flags that reflect their "cause". In the past there have been Palestinian flags at DCE. What is particularly troubling about the latter group is that a hauntingly similar situation involving "skewed policing" that we have come to expect in Caledonia, occurred in Missisauga yesterday outside "Palestine House", whose radical Islamic affiliations are well know to all levels of Government. As can be seen in the Sun News tape here, the Palestinians violently attacked bystanders with their flag poles injuring a man who wore "Never Again" on his sleeve. A very slight Japanese woman barely escaped injury as she was escorted across the street by the Toronto Police. Basically the police did nothing to avert the violence, thus emboldening the Palestinian attackers. Assaults were clearly evident on the video tape, and unless the police will be making arrests in the matter after reviewing this evidence - shame on them. It was the victims who were singled out by police for "enforcement procedures" including arrests. It appears that two-tiered policing has moved from Caledonia and Ipperwash to the streets of Toronto - Missisauga. It would appear that we are seeing the future in these incidents of selective enforcements, where the most violent elements (considered "oppressed minority groups" by some - although relatively few) are allowed to ran rampant while the police act as "peacekeepers" - which is a total joke as we have learned here in Caledonia.
I must note in all fairness that on this occasion, at the barricades in Caledonia, I did not see any evidence of two-tiered policing during the picnic and march of the 5th. The female sergeant was, in my opinion, very even handed and was doing a fine job in the midst of the chaos all about her. She has been at other events (e.g., 4 May 2014) where matters were kept under control. There was no thin blue line facing only the Caledonians. There was no sense of being "singled out" because we were on one side of the fray - as has been the case from 2006 to 2013. The OPP officers were milling about calmly attempting to keep tempers under control and turn down the volume. There is nothing in the way of any complaint that at this occasion, can be said about the actions of the OPP officers. This makes two occasions (the other being the arrest of JG) where I had the sense that officers were doing their jobs without any "preference" or special treatment accorded one side or the other. This bodes well, but we have been burnt so often in the past that it will take some time to regain the trust we had before 2006 - good start though. This is why I was surprised by the actions of Mr. McHale (citizen's arrest of the sergeant). Perhaps there was more than what I saw to explain the events which unfolded.
In a modern democracy it should not be the responsibility of everyday citizens to do whatever it takes to bring law and order to their own community. We give up any vigilantism with the understanding that we will be protected. However, what are we supposed to do when the preferred methods of Dr. Martin Luther King have failed us time and time again. We have given the OPP 8 years to "do something". At this point many of us are thinking that we would like our present Government to do what Prime Minister Pierre E. Trudeau did during the Front de Libertion du Quebec (FLQ) crisis - send in the army - and speaking as someone who saw armed soldiers patrolling our streets, we were relieved and thankful for his actions. Would that we had a P.E.T. today - we desperately need someone at the helm of Government with his moxy to take charge and rid us of this volatile anarchy perpetrated by Six Nations militants. It is setting a dangerous precedent - something the average Canadian does not seem to see, but who will pay dearly later for their apathy when it all appears on their doorstep.
My conclusion here in relation to the two picnics, Caledonia on the 5th and Six Nations on the 6th, is that Six Nations operate with a double standard. It is fine and expected for them to have a peaceful picnic, but wrong and divisive and provoking for Caledonians to have a picnic under the same terms. This in many quarters would be termed two faced hypocrisy. The Six Nations (an unknown percentage of the whole) have exposed a violent and contemptible streak that no one wants to talk about, but the summary of picture and descriptions from 2006 to 2010 in Christie Blatchford's book, and the recent videos (right to yesterday), are consistent and speak much more loudly than the spin used in the Rez newspapers and other sources to paint a picture they want you to believe but that is simply not true. Come to Caledonia and see for yourself if you want to see the "real face" of Six Nations in 2014. I am dreadfully ashamed. I know that my Six Nations ancestors would be horrified to see what has become of their people. As a rule, the uncles and aunties who over the generations stayed Rez side did not fare too well (violence and early death being standard fare), the ones who left were generally able to make something of their lives (with some notable exceptions of course). The point has been driven home that the key to success is education not indoctrination; critical thinking skills not robotic recitation of entrenched beliefs. The key to success clearly is the avoidance of locations ripe with toxic influences.
More and more the veil is lifted on this radical element, and the stark reality becomes apparent. Unfortunately the vast majority of the residents of Six Nations who would have a more open minded approach were nowhere to be seen. There were actually "Natives" present with the Caledonia group who see themselves as Canadian and are horrified at the trampling of human rights seen at such events. None were current residents of Six Nations - it would simply be far too dangerous to show support of truth and justice because of the on Rez dynamics.
I urge the various Government agencies to use caution, assuming that those in Haldimand County are not going to rise up, that is something only Six Nations would do - this is a dangerous assumption. I live here. I have connections in all camps. I am hoping for the best, but will prepare to take the actions needed to see justice done in this neck of the woods. Hopefully cool heads will prevail and justice will be served by not pandering to the "demands" of Six Nations militants. The problem is that many have dug in their heels. They have invested so much time and emotional commitment into this "reclamation" to the point that they are absolutely unwilling / unable to see reason, common sense, the facts, the evidence, the truth or anything resembling these concepts. Many have the attitude that it is my way or no way - I have heard this time and again with my own ears.
I will never abandon the methods of science and the deployment of hard evidence to determine who has right on their side. We know who at present has might (not right) on their side, and who has shown a willingness to use it. If we permit this, "it is so because I believe it to be so" attitude to prevail, we are cooked. Our country is poised to descend into anarchy as our Government and our police forces abandon us to our fate. Few people who are Six Nations are willing to speak out and speak the truth - there are strong social pressures to conform and keep up the appearance of a united front to the world (while in the background the factionalism is tearing the community apart). We (Caledonians and right minded Six Nations) should be standing together in this - it is a human rights issue, and should be of concern to all. But, this is Caledonia.
DeYo.
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