The Grand River land dispute , also known as the Caledonia land dispute , is an ongoing dispute between the Six Nations of the Grand River and the Government of Canada . It is focused on land along the length of the Grand River in Ontario known as the Haldimand Tract , a 385,000-hectare (950,000-acre) tract that was granted to Indigenous allies of the British Crown in 1784 to make up for territorial losses suffered as a result of the American Revolutionary War and the Treaty of Paris (1783) . The Six Nations were granted the land in perpetuity and allege that lands were improperly sold, leased or given away by various Canadian governments, leaving only 5 per cent of the original lands under Six Nations control. The Six Nations also allege that monies owed to the Six Nations from leases and loans on much of the tract have not been paid or were redirected into government coffers.
66-402: The dispute has been the subject of many formal negotiations under the land claims process since the 1970s and several instances of direct action in the form of protests, blockades, and occupations. Formal negotiations have broken down, and the dispute is before the courts. The Government of Canada's policy to extinguish aboriginal title as a condition of settlement is considered unacceptable by
132-548: A "safety zone" had been established on Kanonhstaton, to provide a meeting place for community members to have shelter, learn about their culture, and support the Land Back Lane camp. Being located off the road and not on the McKenzie Meadows site, the safety zone did not fall under either injunction against the protesters. Co-host of the podcast One Dish, One Mic Karl Dockstader (a member of Oneida Nation of
198-570: A class-action suit against the Government of Ontario for its "failure to protect them adequately". This was settled in July 2011, with the government paying CA$ 20 million to class members. By the end of 2011, several criminal cases related to assaults had been prosecuted. During the continuing dispute, on June 16, 2006, the Government of Ontario announced it had bought the disputed tract from
264-410: A community within the municipality of Haldimand County , roughly 20 kilometres (12 miles) southwest of Hamilton . Soon after this demonstration, the demonstrators took control of the disputed land, the planned site of a subdivision known as "Douglas Creek Estates". The land, along with all of Caledonia, is part of the "Haldimand Tract". The Government of Ontario compensated the developer and stopped
330-542: A development site on Grand River Ave within six miles of the Grand River in Brantford was blocked off by native protesters, following an earlier visit where the protesters expressed concerns about the construction taking place on the disputed Haldimand Tract. Later in the day, police arrived on the scene and eventually some work was allowed to continue on the site. On April 25, 2008, Six Nations protesters blocked off
396-408: A group of about 20 others, walked onto the site at 1535 McKenzie Road in order to stop the development. Once they had managed to put a stop to the construction work, the group established an encampment, referred to as a "reclamation site", on the site of the development. The reclamation site was eventually dubbed 1492 Land Back Lane by the self-proclaimed "land defenders" (the number referring to 1492 ,
462-470: A nearby bridge, and leading the OPP to place concrete barriers around the blockade for safety. The blockade remained up until March 19, when the protesters agreed to leave the road and withdraw to Douglas Creek Estates "as a sign of good faith". McKenzie Meadows was a planned residential development project located south of Caledonia, on the west side of McKenzie Road and the south side of Fuller Drive. The project
528-564: A person at the occupation site as of August 10. On August 15, the Haudenosaunee Confederacy Chiefs Council released a statement in support of the land defenders, stating that the McKenzie Meadows development was within the "red zone", in which the Haudenosaunee have called for a complete development moratorium. In the statement, they called on the governments of Canada and Ontario to sit down at
594-399: A settlement of $ 20 million ending a class-action lawsuit which had been filed by 440 residents, 400 businesses and a handful of sub-contractors, which claimed negligence and malfeasance on the part of the provincial government and the OPP for failing to properly protect citizens who lived near Douglas Creek Estates. Some residents continued independent lawsuits. In 2018, a lawyer who oversaw
660-515: A trench across the Highway 6 bypass and dragged a large part of a hydro tower over the road. The OPP erected two blockades on either side of the bypass to ensure public safety. In response to the OPP moving in to arrest protesters at the level crossing located near Tyendinaga Mohawk Territory on the morning of February 24, 2020, and in solidarity with the Wetʼsuwetʼen opposing the construction of
726-424: Is content to let them remain. We see no reason why it should not be permitted to do so. [...] Despite what Justice Marshall said in his reasons of August 8, 2006, he did not include in his final order a direction that the parties cease negotiations. [...] Thus in our view the parties should be free to continue to negotiate if they choose to do so without fear of being in breach or contempt of a court order. To be clear,
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#1732780089404792-593: Is it! Simple: respect each other. Cause I have a tremendous amount of respect for the Indigenous community, and there's just a few-- couple dozen. Uncalled for. Unacceptable. On August 7, a second court injunction was obtained by Haldimand County that "prevents anyone from blockading or restricting use of public roads in the municipality". That same day, the people at the occupation site requested meetings with federal officials, with only Indigenous Services Minister Marc Miller agreeing to sit down and talk, according to
858-402: Is subject to a land claim, that claim is not against third-party developers. On July 31, 2020, the OPP helped a court sheriff read and deliver a court injunction issued the day before against the demonstrators. The occupation continued, and on August 5, 2020, the OPP moved in to enforce the injunction, arresting nine people in the process, including Skyler Williams. While most media reported that
924-734: Is the body responsible for the administration of the Canadian province of Ontario . The term Government of Ontario refers specifically to the executive—political ministers of the Crown (the Cabinet/Executive Council), appointed on the advice of the premier, and the non-partisan Ontario Public Service (whom the Executive Council directs), who staff ministries and agencies to deliver government policies, programs, and services—which corporately brands itself as
990-751: The 2018 election ; the 26th since Confederation . The Government of Ontario employs 63,000+ public servants in its non-partisan workforce called the Ontario Public Service (OPS). The OPS helps the government design and deliver policies and programs. The head of the OPS is the Secretary of Cabinet and each ministry in the OPS has a Deputy Minister. The OPS public servants work in areas like administration, communications, data analytics, finance, information technology, law, policy, program development, service delivery, science and research. Over 80% of
1056-671: The Coastal GasLink Pipeline , members of the Mohawk Nation (Bear Clan) from Six Nations began a peaceful demonstration on the Ontario Highway 6 bypass near Caledonia, blocking traffic and commuter trains along the Lakeshore West GO line later in the day on February 24. Eventually, a blockade consisting of pallets and parked vehicles was set up on the highway, forcing traffic to be rerouted to
1122-704: The Government of Ontario , or more formally, His Majesty's Government of Ontario ( French : Gouvernement de l’Ontario de Sa Majesté ). King Charles III , as monarch of Canada is also the King in Right of Ontario. As a Commonwealth realm, the Canadian monarch is shared with 14 other independent countries within the Commonwealth of Nations . Within Canada, the monarch exercises power individually on behalf of
1188-565: The Ontario Superior Court of Justice over the developers' purchase of the land. The lawsuit is an accounting claim for "all assets which were not received but ought to have been received, managed or held by the Crown for the benefit of the Six Nations." The case was openly litigated until 2004, when it was paused for "exploratory" negotiated settlement talks with the federal government. These talks were never pursued, due to
1254-532: The federal government , and the 10 provinces. The powers of the Crown are vested in the monarch and are exercised by the lieutenant governor. The advice of the premier and Executive Council is typically binding; the Constitution Act, 1867 requires executive power to be exercised only "by and with the Advice of the Executive Council". The lieutenant governor is appointed by the governor general , on
1320-662: The Confederacy chiefs, referring to the negotiations that had been suspended pending litigation first in 1995 and then again in 2009. The last blockade near the site was removed on August 22. Someone was arrested in connection to the camp on August 24 in Hamilton, Ontario . On August 25, the Superior Court extended both the August 7 (despite the final blockade having come down three days prior) and July 30 injunctions,
1386-494: The Douglas Creek Estates conflict in 2006. Regarding their right to purchase the land, Henco argued that the Six Nations had surrendered their rights to the land in 1841 and Henco had purchased it from the Government of Canada . The Six Nations, however, maintained that their title to the land was never relinquished, as their chiefs protested the 1841 surrender and sent a petition to the government arguing against
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#17327800894041452-415: The Douglas Creek Estates site in order to prevent trespassing on the disputed land. The only house at Douglas Creek Estates that had survived the violent confrontations in 2006 nearly burned to the ground overnight on the morning of November 15, 2016. Throughout the occupation and protests, many Caledonia residents complained that they had been subject to threats and violence from Native protesters and that
1518-537: The Douglas Creek Estates. The proposed subdivision was set to be located southeast of Caledonia, between Argyle Street South, 6th Line, the CN rail line, and the houses along Thistlemoor Drive. That land was part of an existing land claim submitted by the Six Nations Elected Council ; the claim had been closed by 1995. In March of that year, the Six Nations sued the federal and provincial governments in
1584-564: The Grand Council voted to not execute an agreement with the developer at a council meeting on December 17, 2013. On September 9, 2015, Foxgate Development acquired the land for the project from Haldimand County. In 2016 and 2019, the Elected Council of Six Nations of the Grand River received various "accommodations" for the development, as per an agreement signed with Ballantry Homes. The agreement outlined an accommodation for
1650-406: The Grand River with [her] auntie/sis." Dockstader and Skye were both charged with disobeying a court order and mischief. No further information on the reason for his arrest was given to Dockstader at the time. Dockstader's release barred him from the site and from contacting employees of Foxgate under threat of further charges, conditions for which the OPP faced criticism for limiting media access to
1716-707: The Highway 6 bypass and the CN Rail line to show support for four Mohawks arrested during a protest at Tyendinaga Mohawk Territory the day before; this protest was centred around a quarry on the disputed Culbertson Tract that had started in March 2007. Shawn Brant , one of the Tyendinaga protesters arrested, was charged with assault with a weapon, breach of bail conditions, possession of weapons and possession of marijuana . At around 4:30 PM, protesters in Caledonia dug
1782-502: The Native protesters "set up a checkpoint... Almost like they were entering another country," and that community lost confidence in the OPP's ability to protect them. Haggith also testified that when natives set fire to a wooden bridge in town, the fire department withdrew from fighting the blaze when threatened by protesters. The fire chief told the OPP he did not believe they would protect him or his men. In addition, an electrical substation
1848-437: The OPP when he caused trouble by ignoring the natives. Brown alleged that Native protesters threatened and harassed him repeatedly, and that rocks and mud were thrown at his family and their home. Brown and his wife sought $ 7 million in a civil lawsuit against the OPP on the basis that the police did nothing to protect him and his family during the occupation. In response to Brown's claims, Crown lawyer David Felicient stated that
1914-567: The OPS workforce is unionized, which includes the Ontario Public Service Employees Union and the Association of Management, Administrative and Professional Crown Employees of Ontario . The Government of Ontario is not the same as Broader Public Sector ( BPS ) organizations. While both provide goods and services to Ontarians, BPS organizations receive funding from the Government of Ontario, but are not
1980-535: The Ontario Provincial Police (OPP) failed to take any action to protect them. David Brown, who lived with his wife near the disputed area at the time, testified in court in November 2009 that he was required to carry a native-issued passport and needed approval from the protesters to enter his own house. He also claimed that after arriving "after curfew" one day, he was denied entry and jailed by
2046-461: The Six Nations. The Six Nations are seeking monies owing and ongoing payments for leased lands and the return of lands improperly transferred. The dispute came to wide attention in Canada in 2006 when the Six Nations formally reactivated litigation initially brought in 1995 against Canada and Ontario. Protesters from the Six Nations of the Grand River demonstrated on a parcel of land in Caledonia ,
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2112-456: The Thames , Bear Clan) and Mohawk Ryerson University (now Toronto Metropolitan University) research fellow Courtney Skye (a member of Six Nations of the Grand River, Turtle Clan) were arrested on September 2 and 3, respectively, along with three other arrests on September 2. Dockstader had been covering the occupation as an independent journalist, while Skye was reportedly "sitting on the banks of
2178-498: The Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 221321371 Upstream caches: cp1108 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 07:48:09 GMT Government of Ontario Official Opposition [REDACTED] Canada portal The Government of Ontario ( French : Gouvernement de l'Ontario )
2244-505: The activities of the Lieutenant Governor-in-Council . The day-to-day operation and activities of the Government of Ontario are performed by the provincial departments and agencies, staffed by the non-partisan Ontario Public Service and directed by the elected government. The premier of Ontario is the first minister of the Crown . The premier acts as the head of government for the province, chairs and selects
2310-400: The advice of the prime minister of Canada . Thus, it is typically the lieutenant governor whom the premier and ministers advise, exercising much of the royal prerogative and granting royal assent . While the advice of the premier and Executive Council is typically binding on the lieutenant governor, there are occasions when the lieutenant governor has refused advice. This usually occurs if
2376-475: The afternoon before Gualtieri arrived and clashed with the young protesters. On December 2, 2011, Richard Smoke (Mohawk) was convicted of assault for the attack on Gualtieri, who had asked Smoke and several others to leave his daughter's house, which he was helping build as a wedding present. Smoke apologized to Gualtieri in court, in one of several criminal cases arising out of the DCE occupation. On September 4, 2007,
2442-485: The area "1492 Land Back Lane". Calling themselves "land defenders", the protestors have refused to leave despite being ordered to by an Ontario court. In 1980, the Six Nations Council, along with SNLCRO, submitted a claim to Indigenous and Northern Affairs Canada against Canadian National Railway 's unauthorized use of reserve land for a stretch of rail that runs along the eastern end of the reserve (near
2508-587: The campsite, and going against the decision made in the case of Justin Brake in 2019, where the Court of Appeal of Newfoundland and Labrador set a precedent to distinguish activists and reporters. By the end of the day on September 3, OPP Constable Rodney LeClair estimated that there had been 17 arrests made so far, up from 13 reported earlier that morning. Two more arrests were made over the September 5–6 weekend, with
2574-427: The class-action lawsuit by Caledonia residents was charged with fraud. On September 13, 2007, builder Sam Gualtieri was attacked and seriously injured in a confrontation with native protesters at the 90-home Stirling South subdivision development in Caledonia. Following a brief occupation two weeks prior, a small group of natives had occupied the property that morning, and the confrontation was going to end peacefully in
2640-547: The construction, consisting of 42.3 acres (0.171 km) of land across from Little Buffalo along Townline Road (170 Concession 17 Road in Hagersville) being transferred to Six Nations in 2016, as well as a transfer of $ 352,000 to the SNEC for use in future purchases of land, transferred in 2019. In return for these accommodations, the Elected Council agreed to support the development in a variety of ways, namely: This agreement
2706-521: The court injunction Foxgate held against them. On September 23, Haldimand County's police services board called on the OPP to step up enforcement of the injunction, claiming their current framework for responding to "Indigenous critical incidents" was not working, and characterizing the occupation as "acts of terrorism" in reference to the Canada Criminal Code . Aboriginal land claims Too Many Requests If you report this error to
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2772-423: The developer and would hold it in trust until negotiations settled the claim. Talks began, including the Confederacy chiefs, but were put on hold in 2009 when litigation of the 1995 lawsuit was resumed. The trial is anticipated to start sometime in early 2024. The province owns Douglas Creek Estates. It does not claim that the protesters are on its property unlawfully. It does not seek a court order removing them. It
2838-421: The development, holding the land for planned negotiations. In February and March 2020, the dispute once again entered public consciousness with Mohawk protesters blockading Highway 6 as part of the 2020 Canadian pipeline and railway protests in solidarity with the Wetʼsuwetʼen , and later with the occupation of the site of another planned subdivision in Caledonia, "McKenzie Meadows". The protestors have called
2904-408: The development. Benefits presented to the community during the consultation process include job prospects for community members and the raising of funds throughout the construction of residential units for the eventual construction of "Kawenn:io/Gaweni:yo Private School", a language school to be built on the reserve. Ultimately, a majority of respondents to the engagement process opposed the project, and
2970-482: The enforcement of the injunction would allow construction to continue. However, the following day, demonstrators returned to the camp, with community members and supporters showing up intermittently to provide support to those occupying the land. When asked about the events at 1492 Land Back Lane, Ontario Premier Doug Ford said during his COVID-19 briefing on August 6, You know, you just can't go in and just take over people's future homes, it's wrong. And then, when
3036-435: The formation of an unarmed "militia" to enforce laws they felt the Ontario Provincial Police had failed to uphold. Six Nations Councillor Claudine VanEvery-Albert, along with OPP spokesperson Constable Paula Wright both spoke out against the formation of a militia, and three days later, Ontario Community Safety Minister Rick Bartolucci called it a "dumb idea." On July 8, 2011, Ontario Attorney General Chris Bentley announced
3102-495: The important role the media has in the community. We value and strive to have collaborative relationships with our media partners." The following day, Lela George (a member of the Oneida First Nation) became the 23rd person to be charged in relation to the occupation. In a letter dated September 17, Foxgate's legal counsel urged ministers to not enter into negotiations with the "occupiers" while they continued to defy
3168-423: The latter of which "restrains anyone from occupying or hindering development of the construction site" and names Skyler Williams as a defendant. That day, the OPP reported that they would not be enforcing the injunction again until their liaison team "[had] had a chance to deescalate the situation," but that they would have to move in should that fail. By early September, a support camp referred to by an organizer as
3234-537: The lieutenant governor after either a motion of no confidence or defeat in a general election . In Canada, the Cabinet (French: Conseil des ministres , lit. 'council of ministers') of provincial and territorial governments are known as an Executive Council ( French : Conseil exécutif ). The premier of Ontario is Doug Ford of the Progressive Conservatives since
3300-525: The membership of the Cabinet , and advises the Crown on the exercise of executive power and much of the royal prerogative . As premiers hold office by virtue of their ability to command the confidence of the elected Legislative Assembly , they typically sit as a MPP and lead the largest party or a coalition in the Assembly. Once sworn in, the premier holds office until their resignation or removal by
3366-424: The negotiation table and address land issues with them, the hereditary chiefs, citing the issues left unresolved after the breakdown of talks following the dispute at Kanonhstaton. In a letter dated August 19, Indigenous Services Minister Marc Miller and Minister of Crown–Indigenous Relations Carolyn Bennett offered to resume negotiation of "longstanding and unresolved land issues" with elected chief Mark Hill and
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#17327800894043432-435: The occupation site. He added that if any officers are harmed, he would not support a renewal of the town's policing contract in 2008 and would back any lawsuit brought against the town by individual officers. An OPP spokesperson told The Hamilton Spectator that the OPP would neither confirm nor deny the authenticity of the e-mail because it was meant to be private correspondence. On February 22, 2010, Marie Trainer said that
3498-541: The order of Justice Marshall does not preclude continued negotiations. On January 27, 2007, a report from the Department of Justice to the Six Nations Confederacy stated that their land claims would not hold up in court. On April 12, 2007, Haldimand County Mayor Marie Trainer said she received an e-mail from OPP commissioner Julian Fantino implying that the town was encouraging "divisive rallies" at
3564-457: The police come, this is where the people at home are really gonna-- they get an outhouse, toss it over from a bridge onto a police car, then they start throwing rocks at the police car! Like, enough is enough. I'm just losing my patience. I can't direct the police, and I won't direct the police, but people have to obey the rules. I don't care where you come from, you know, what your race, creed, colour, whatever, we have one country, one rule, and that
3630-598: The police fired "a single round from a weapon that shoots rubber bullets", several members of the occupation reported that at least three rubber bullets were fired during the violent enforcement of the injunction, which also involved land defenders throwing rocks at OPP. In response to this, Six Nations community members established a blockade on Argyle Street, the Highway 6 bypass, and the rail line. Tires and wood pellets were set on fire, and while police officers were setting up checkpoints, they were swarmed by protesters and prevented. The vice-president of Losani Homes indicated that
3696-413: The premier does not clearly command the confidence of the elected Legislative Assembly. The executive power is vested in the Crown and exercised "in-Council", meaning on the advice of the Executive Council; conventionally, this is the Cabinet, which is chaired by the premier and comprises ministers of the Crown . The term Government of Ontario , or more formally, His Majesty's Government refers to
3762-551: The province was leaning towards giving the Douglas Creek Estates to the Six Nations Band Council, but that she expected it to be some time before a formal decision would be reached. In June 2014, the Haldimand County council ordered the removal of a native-made blockade in Caledonia. In November 2014, the Haudenosaunee Confederacy Chiefs Council completed construction of a fence and gate surrounding
3828-410: The same charges as Skye and Dockstader. On Tuesday, September 15, Starla Myers, a member of Six Nations and reporter for Real Peoples Media, was arrested and charged with two counts of mischief and one count of disobeying a court order. The OPP continued to face criticism for arresting another reporter, but Constable LeClair re-iterated that the OPP are "committed to the freedom of the press and respects
3894-574: The site of the later Douglas Creek Estates dispute). The First Nation eventually accepted a settlement in 1987 that consisted of $ 610,000 in the form of three parcels of land added to the reserve, which added approximately 104,883 hectares (259,170 acres). The council also retained the right to purchase said railway lands if they were not used for railway purposes and were re-acquired by Canada. Indigenous protesters and allies Canadian government and police In 1992, Henco Industries Ltd. purchased 40 hectares (99 acres) of land for what it would later call
3960-592: The situation "must be understood against the backdrop of the unique character of Aboriginal occupations and protests" and that the OPP were prevented from taking action due to "policy implications." Felicient also suggested that Brown had fabricated portions of his testimony to draw attention to his lawsuit. When Felicient asked why Brown kept a loaded shotgun, Brown responded that "We were doing what we had to do to stay alive. I had no protection from our government. I felt that I needed to protect my wife and my family." In court testimony, OPP Inspector Brian Haggith stated that
4026-534: The terms. In July 2005, the subdivision plan for Douglas Creek Estates was registered, with title to the property guaranteed by the province of Ontario. Starting in February 2006, community members from Six Nations occupied the site of the proposed development, which they named in Mohawk "Kanonhstaton" ( IPA: [ganũ'sdaːdũ] , English: "the protected place" ). Direct action on the part of protesters over
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#17327800894044092-592: The year Christopher Columbus made landfall in the Caribbean , a commonly accepted starting point for European colonization of the Americas ). Lonny Bomberry, Director of Six Nations Land and Resources, has said that there is no traditional land claim associated with the occupied development, since it has been under third-party ownership for at least 150 years, and while the entirety of the Haldimand Tract
4158-413: The years included blockade of roads and rail lines, damage to a power station resulting in an area blackout and more than $ 1 million in repairs, and low levels of violence from both sides, as well as isolated, more serious attacks. The federal government halted negotiations at times because of the protesters' actions. As protests continued, on June 12, 2006, more than 400 area residents and businesses filed
4224-407: Was destroyed, causing more than $ 1 million in damage and a blackout, when a truck crashed through its gates and was left ablaze. Haggith said that there was little response from the police. Inspector Haggith also testified that he had asked for a change in policy at a subsequent meeting he had with his OPP superiors, but that his request was denied. On June 15, 2009, some Caledonia residents announced
4290-581: Was owned by Foxgate Development (previously by 2036356 Ontario Inc.), a consortium created by Losani Homes and Ballantry Homes (a Toronto-based residential development company), with Michael Corrado specifically listed as one of the owners. The land planned for the development amounted to 107 acres (0.43 km). In October and November 2013, the Six Nations Elected Council, through the community engagement website Six Nations Future, engaged in consultation with Six Nations citizens regarding
4356-521: Was signed by SNEC Chief Ava Hill on June 18, 2019, but was not signed by the Haudenosaunee Confederacy Chiefs Council (HCCC), the organization representing the traditional governance structure of the Haudenosaunee , which predates the SNEC (established in 1924) and governs alongside the elected council. Development of the McKenzie Meadows project continued, but on the afternoon of July 19, 2020, Six Nations community member Skyler Williams, along with
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