Non-native man with Ongwehowe family given 1 day to leave Six Nations

Updated: Yesterday morning a non-Native man living on the Six Nations Territory with his Ogwehoweh partner and their two young children, was served an eviction notice by the Six Nations Police. The letter came from Six Nations Elected Council (SNEC) on the advice of Six Nations Lands & Membership.Using the 1986 Residency Bylaw, Josh McFarland, 27 was served papers to leave the territory within 15 days. The letter was signed on May 29, 2014 by SNEC Chief Ava Hill.

According to the bylaw, In pursuance of Sections 81(1)(p)(p.1) and (p.2) of the Indian Act, the Six Nations Council enacts as follows: (2) Only a registered band member of the Six Nations of the Grand River Indians shall be entitled to reside on the Six Nations of the Grand River Indian lands. (3) Any other person residing or trespassing or unlawfully frequenting for prohibited purposes on the Six Nations Indian Reserves No. 40 and No. 40B, in violation of any of the provisions of the by-law shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ONE THOUSAND DOLLARS ($1,000.00) or imprisonment for term not exceeding THIRTY (30) days or BOTH.”

The bylaw was passed by SNEC on 18 December, 1986 by then Elected Chief William K. Montour.But since this bylaw may seem outdated with the reality of the situation on Six Nations, specifically in the cases where members marry non-members, the bylaw only kicks in when a member of Six Nations files an official complaint against a non-member. In 2012, then Elected Chief Montour told the Brantford Expositor that past estimates of the number of non-members living on Six Nations could be as high as 5,000.

SNEC Chief Hill also told Two Row Times that no updates to the 1986 Residency Bylaw have been made. “As I have stated in my recent up-dates to the community, we have put together a Committee to review the Residency By-Law and they will be having their initial meeting in a couple of weeks.”According to the Six Nations Police, eviction notices are carried out more then people realize, “The complaint was made specifically (against McFarland) and we actually carry out eviction notices quite frequently so this is not a rare occurrence,” stated Deputy Chief, Rocky Smith.

SNEC Chief Ava Hill also told the Two Row Times, “The Residency By-Law has been in place since the mid-1980′s and states that only Six Nations band members can reside on the Six Nations Indian Reserve. If we receive a complaint about an individual who is not a Band member residing here, the complaint goes to Lands and Membership for verification. “If they verify that the person being complained about is not a member, then Council discusses it and issues a letter to the individual advising them that they are in violation of the Residency By-Law and telling them that they must leave. The Police are then asked to serve the letter to the non-Band member.”

These letters are only issued when we receive an official complaint about a non-Band member residing here. Yes a complaint was made against Mr. McFarland and that is why it was acted on and he received the letter.”Six Nations Police were at the Hess home again this morning but not to enforce the eviction notice. Police arrested McFarland on charges stemming from allegations that he threatened his neighbours and he remains in custody at this time. Six Nations Police are currently investigating the situation.

Two Row Times also spoke with a friend of the family who made the allegations against McFarland but stated that they do not wish to make any statements at this time.

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66 Comments

  1. I’m from New Credit on the reserve and they allow my brothers girlfriend to reside with him on the reserve. She has not one drop of native blood in her and they aren’t even married.Craziness!

  2. I say it’s a good thing, we don’t need white people living on the reserve. They take what little resources we have left. There’s far more worse going on in the white world. Sorry if you consider me a racist but how can I not be? After all the bullshit you damn whites brought over on your boats. Go make a change in your communities and don’t worry about how we conduct business in ours. And to all the assholes saying lets protest I dare you to try.. I’ll be waiting for yah

    1. That’s hypocritical! You’re going to punish an innocent man for something his blood line may not even be a part of, because of the colour of his skin?? Don’t even get me started on the amount of bullshit Native get away with off Reserve, This is my home too and I have a say, I have a right to freedom, safety, equality, and justice too!

  3. Ok 1st things 1st, Racism goes both direction. I am an Ojibwe man, Sundancer and Father. This man built a home for his family. For that I give him props. That’s more then a lot of MEN do, white or non white. This chief is no leader. No good leader anyway. Im sure she has a lot of family members saying otherwise. Real leaders don’t single out minorities. I don’t know all the facts but I guarantee you this, ignorant people brown or white will never know they are, that’s why they’re ignorant. Unless they follow thier hearts. We all know what’s good in our hearts. Forget about who did what, when or how long ago. Be a good person and account for you and what you do. Because at the end, God,Creator or Chi Manitou will want to know why, you did what you did. Good or bad. And only to be good not out of fear or repercussions is the the true goodness in mankind.

    1. You ain’t a band member of sixnations so why open your mouth? I give Mrs. Hill an applaud for getting rid of whites on reserve, about time.

  4. Well that was the problem in the past wasn t it? People were definately not treated the same. It s a vicious circle… somewhere along the line people have to stand up and say ENOUGH

    yes , I am native
    yes , I am irish
    yes I am scots
    yes, I am african american
    etc…
    it s called humans we all bleed the same color….

    as far as race goes, dad was native and francais
    mum is of scots descent…. sooo past history it all came down to land….

    the ENglish wanted land…to graze their sheep,
    the new americans wanted land to raise cattle

    and now I m living my life and they are history

  5. remove one white man/woman > remove them all, you cannot be selective on a whim of a spiteful gossip/hearsay. BTW – I AM NATIVE

  6. This isn’t fair. They’re breaking this family up. Isn’t this what society wants? Is more “original” families staying together for the sake of the kids? All too often we read about kids who have travelled down the wrong path because of family situations and here they are creating one of these “situations” right now.
    I’m surprised with Ava hill. She could over rule this or at least take it to court to have it revised

  7. AS A NATIVE MAN, this is awful that these people are perpetuating the centuries of hate placed upon us, we are better then that. Leave the horrible treatment of other human beings to the uneducated whites of the world.

  8. This is defenetly racist they always want something if it was the other way around it wouldn’t happen that way your stupid laws make me sick everybody should be treated the same where ever they live or the color of their skin

  9. maybe its time for the “whites” to rise up, go there block the streets/railway if the have any.. and PROTEST!!!!

    1. It’s astonishing how speaking against Native Law is like asking for trouble. The Manitoba Chiefs are so corrupt that when they were asked to present their books to the Crown they used the “Racist” card and defied the Manitoba government. They stole federal, provincial, municipal, and charity money when the flooding destroyed countless homes. Their people are still displaced and now finding that their possessions were sold, and the Chiefs are in hiding. The “White-Mans” government is corrupt too, but when they have to face scrutiny when they keep secrets from the public.

    2. if they did, the “whites” would be arrested within 20 minutes. Cops only allow natives to illegally block roads and train tracks to prevent another Caledonia situation.

      1. Who is this Gary Mchale talking? Fuck off you disgusting whites. Only good way to get attention of the government. Sorry we disturb your perfect white world.

        1. The world isn’t perfect, we all have issues not just you and your people.

  10. So what you’re over 100 years old? This guy never caused you any harm… “His people did” well that may be true but the action of our ancestors only effect us in the present if we choose to follow their example. He may seem weak to you because he’s not in it to fight anyone, he loves his family. Be racist, no one is asking you to understand his or the rest of us non-natives struggles, because we don’t need to display it on the street. This man is having his Rights violated and that happens to Natives and the rest of us, we all have our struggles and your are not greater then mine and mine aren’t greater then your. If you choose to live bitterly that’s your burden to bare.

  11. Another weak white guy who can’t make it in his world so he lives on a Rez to get the freebie’s. Lmao. Go to your world and be something instead of having your woman do it for ya. Your worthless and weak. I have 2 daughters. They will never marry a weak whiteman. I taught them better than that. Our nation (Mi’gmaw) has been almost wiped off the face of the earth, and I will not be a partner to that.

    1. wow.. hello racist.. nice to meet you.. i have met you many times before, and now you are here, welcome to the webb, please note your comments show how ignorant you really are im going to BET you dont practice what you preach, im going to BET YOU GET HANDOUTS ALLL THE TIME, im going to BET you try to take advantage of the generosity of the government, (as in MY TAX DOLLARS!!! ) yes.. hello racist so we meet again..

  12. You can’t stop racism by being racist, and you can’t achieve equality by taking away from another.

  13. so white people will stop buying native smokes. come on everyone save this family and rally together. lets see how fast they change there mind.

  14. this is so stupid, its selective enforcement based purely on skin color. havent indigenous people suffered enough racism to know better than to perpetuate it?

    beyond that, the by-law clearly states that only members are ENTITLED to be there. so hes not entitled, so what? does that make it a crime for him to remain there? doesnt his family who is entitled to be there, have a say in who they let stay in their own home? or does the council now think they get to dictate the rules on everyones property regardless of lawfulness ?

  15. I really get sick of Natives calling us racist and then referring to us as white people. Like wtf?

    1. What are you then? Since when calling someone who is white racist? Maybe if i called you a cracker, whatever that means. Calling you a white guy is racist, then I guess its okay if ya call us Redskins. Go ahead call us Redskins. I know you call us worse when your with your other white people. Don’t lie. By the way, who cares if your sick of anything? What do you do that is so important that anyone should be concerned that your sick of anything. By your picture ya look like a white trash, trailer pack dweller. lmfao. Loser.

    2. I don’t think the fact he called Josh a white person is racist. He is white. But I digress. The fact he said “you can’t live here because you’re white” could be considered racist. Discriminating based on a skin color actually is racist, Mr James, no matter who we are. Calling someone White Trash is not cool either, my friend. And who are you to say what he says to his friends? Do you assume all white people call Aboriginals bad names? Because that is a generalization and generalizations are racist or sexist or whatever other “ist” that’s out there. Because I’ve never talked to someone like that. Or talked down to someone like you’re doing. You want to start a conversation? It’s called common courtesy, buddy.

  16. This is retarded….i kno of afew non natives who married a native woman and a native woman who married a caucasian man an they live on reserves…with no problems…..this chief an counsel must b on a power trip…

  17. (keep in mind, these technicalities and ‘bylaws’ through the IA were already in place in the 60’s, before my mother’s birth and before this 1986 bullcrap.)

  18. ….. aaaaand THIS is why my maternal grandmother (Onondaga Beaver clan) wouldn’t marry my maternal grandfather (2nd generation English immigrant). Gramma kept his engagement ring and they were a team, he was the best man (native or non-) I’ve ever known and he raised my mother and my maternal aunts and uncles though they weren’t his biological children. He knew that if he and my grandmother were to legally marry then she would lose her status and her children would lose their status, and grandchildren like me would not be “real, registered Indians”, as per that pesky genocide perpetuating Indian Act. My “Totah”, my grandfather with blue eyes whose own father immigrated from England to Waterford, ON, KNEW that sadly in this world, love can’t quite conquer all. #DownWithTheIndianAct

  19. So do we evict all Native people living on Non-native land? Since when did Hitler come back from the dead and try and a second round of ethnic cleansing? …. oh wait he didn’t got confused between the ban council and him…. just got confused because of the rest of civilized society functions differently….

      1. So if it’s all native land then why can’t we by native smokes off the rez? Why is it that band council and others are driving around in $100,000 vehicles while other natives who need help are siting in unheated shacks while grandmother’s look after grandchildren while mothers are out sitting on their rear ends like uneducated sloth with no self respect? The federal government want’s transparency of federally funds to the rez and so those who have stole the money from their own people decide to protest and call it “idle no more”. The biggest joke is the APTN network when interviewing protesters, not one of them could clearly define what they were protesting! Laughable at best, but made for poor entertainment! The way I see it is this…. let’s finish things once and for all… Either the natives stay on their land, become a distinct society, put up boarders and segregate themselves from the rest of society completely, and build their own nation, economy and way of life with out any input from the rest of Canada, OR the Natives who wish to leave the rez, WILL relinquish their status cards and not have any other breaks, and thus join the rest of civilized society. That is a plan where unlike a native protester…It works!

  20. Oh my good Lord, can’t you just quit this? Honestly? We are all people. We are all the same. “Race” was made by humanity and defined by ourselves, as well with colour. Aside a simple shade of skin tone and what we assume to classify ourselves as, WE ARE ALL THE SAME. WE ARE ALL MORTAL, AND LIVE AND BREATHE AND FUNCTION THE SAME.

    Why are you making a big deal about if he lives here or there? He’s no different than you, or me, or anyone else. Be it Native, Black, Asian, Caucasian, etc. Stop harassing people because of their ‘race’ and start acting like proper individuals. No one deserves this treatment ever; racism is just bullshit and those who agree that he shouldn’t own land, or that a Native shouldn’t own land on “white soil” are disgraceful. It’s soil, we all share it, and we all are the same. Get over your bogus arrogance and start acting how you’d want to be treated, since I’m pretty sure you would hate it if this was happening to /you/.

  21. I’m a white girl having a family with a native man and although we do not live on the reserve because of scenerios just like these I feel this man’s pain. It’s funny I have the upt most respect for native culture and will raise our child to understand and appreciate it as well but yet whenever we’re on the reserve I see how I am discriminated against and put down for being with one of ”your” men. Yet the white man is the racist and the problem?? You hate us for our ancestors hate before us. Well it’s 2014 who’s the problem now?

    1. canada forced the band system on our people, the traditional way is adoption and inclusiveness, the blood quantum system is set up to force one against the other to keep 50% to maintain treaty rights.

      But our law, the great law is the true law and we need to remember.

  22. I think they need to change the laws for the reserve but he can’t own any lands but maybe live peacefully on Native land, this is why we tell our kids to marry a Native first not non native cause this will be the result , plus the whole community would have to agree with the new laws.

    1. It wouldnt matter to me who my kids marry as long as they are happy….obviously these laws that were put in place are made from racist ,bias chief an counsel…..

      1. No these laws were made by your federal government. It doesn’t matter, I’m 17 years old and I am half Caucasian and half First Nations. I go on non-First nations land I’m discriminated against because I am first nations, I go on native land I’m called a half breed. This will always continue because nobody can accept anybody.

        1. Why do you even let anyone define you? Cause if you do, then that’s your problem ain’t it?

        2. I never let anyone define me, what I was saying was both parties are racist against each other. It wouldn’t have been this way if what was done to First Nations people never happened. First Nations never looked at skin colour until they adopted the European way of life. Europeans blame us but look at the way European ancestors treated us we just adopted European ways like they wanted am I right Mr. James?

  23. Hope this resolves very quickly, I can understand why they would evict a non-native off native land, but having a hard time understanding the reasoning behind it. My only expectation is that one day we rip down the so called boarders between reservations and non reservations. We must forgive past mistakes, and look to the future, or else history will reflect we are not any better then the nazi regime. We must come together as ONE RACE, The HUMAN RACE!

    1. There one race the human race. lmfao. Hey let’s all be robots and act like the white people and be one race. Yeah right! Its difference that make us learn and to open up minds. One race, the human race. Your ancestors should had that opinion. Or value. The world would be a better place today ain’t it..

  24. I hope that this can be resolved. I think the law had good intentions, but each case needs to be looked out. Does Council really want to break up a family and leave two children and wife without their father or husband. The bi-law needs to be revisited. If the family was to become separated then I would say that the Non native would have no claim to the land-building. as long as this is a happy family then why upset the apple cart. It is very sad that the family does not support this young family. Love is colour blind. What culture each of these families are from should not matter to the family. But this is not new in the world or it isn’t just in the native culture.
    I wish this young family well and will look forward to see the outcome of this situation.

  25. This outdated By-Law needs to change! Natives should feel welcome to live and enjoy their land with their non-native spouses if they wish. This law breaks up families, and divides nations.

    1. in 1924 canada and the rcmp raided our governments and imposed the band council and the indian act, The by laws are fraud, and a way to stir unwanted controversy. Plus we have a mayoral election in brantford, and the band council and city council are pretty cozy.

  26. Maybe the updated article will give the reasons behind the residency bylaw. I’m not positive, buy my understanding is that the law is in effect because the territory only receives federal transfer payments based on the number of “status” members living on the territory. Those dollars then need to be stretched to cover those who are not. So for example, a school has 500 students. But only 400 of them are status. So now the school only gets enough money for 400 students. Now those 400 students suffer the effects of under-funding because the school has to stretch their budget so thin. So this would be the same for fire, police and other social services. I don’t believe the decision was made out of racism. It was made due to economics.

  27. If this injustice happened off native territory to a native person they would play the you are a racist game and cause anarchy. They would block highways, burn property, invade and hijack towns, incite violence and spew racist remarks at the town citizens all while they claim to be the victims. The police, army and government would let it all happen because for some reason they are terrified of them. It has happened before in other places and locally in Caledonia. I am not racist and dont hate native people for the fact they are different culture from myself. It is thier attitude I dislike. They claim to be victims of racism and feel entitlement to take anything they want. They don’t practice what they preach.

    1. oh stop with the blocking roads BS.
      I guess you would have sex with children and cut their hair and follow a man named hitler right? Because all white people follow him..just like how all natives are the same.
      Smarten up!

      1. You don’t understand my culture and ethnicity. Your comments are pure racist remarks. Accusing my people of being child molesting nazis? You smarten up you idiot and show some respect

    2. Your statement is true and false. We’re not asking you to understand the
      situation we deal with on a regular basis because unless your living
      it, its very hard to understand. Living on the reserve is anarchy in its
      self most times. Being a native man or women is hard in surrounded
      areas of Six Nations. When the native people protest its mostly for the
      right cause. What you see on T.V and read in the new papers isn’t the
      true story. Those significant situations you mentioned happen for a
      reason. Like in the middle east. CNN or FOX News only show the anarchy
      and violence because that sells papers and makes ratings for T.V. The
      same situation happened in Caledonia where people that weren’t there
      assumed it was always like that. The only time when things gotten out of
      hand and escalated is when the native people were provoked. And the
      cameras just happen to be there to see a native warrior react. Most
      times at the protest in Caledonia was peaceful and all walks of life
      came to support like White people, black, asian etc. I’ve even seen in
      some cases a non-native go out there to support the Caledonian’s because
      of what they thought the native people were doing to the Caledonia
      residences. On arrival they seen the provoking being done by the O.P,P
      and by opposite parties and seen that it was a blanket of false
      accusations from the media. And on my personal note. Saying all of those
      things in one statement sounds a little hatred. Just because your
      saying “I’m not a racist and I don’t hate native people..” doesn’t
      change the fact you wrote every negative things you probably heard or
      read about. in newspapers or on T.V, Just saying. Your entitled to your
      own opinion and I hope you always speak with passion like your did. But
      do your research being writing about something you have no idea about.

      -Six Nations Residence and a friend of Josh McFarland.

      1. I have no issue with peaceful protest but there is recent history of non peaceful protest . You can deny that all you want but it’s evident

        1. Though I wouldn’t doubt if the OPP were provoking. They are different story for another day

    3. My apologies, I did not mean to give your comment a thumbs up, actually I meant to dislike it. I think you are only speaking from one point of view which is completely misinformed. There is a lot to the stories you see in the media. Native people do not play victims, they are just not accepting the injustices that have been, and continue to happen.It’s time for justice. I wish everyone in Canada, as well as you, knew our true history.

      However I do have to agree with you, this is an injustice.

    4. The difficulties I perceive here are 3fold…1. Non-status indigenous people are being discriminated against totally which goes against what the great law teaches us… 2. Dividing families is a way of weakening communities & causing severe attachment disorder which raises criminal behaviour & 3. There are more important concepts to take into consideration…for example, “why are native children being enfranchised against their will & against their inherent human rights?”

  28. If you let all the white people on the reserve it will start to replace the culture that there now…so I see the point of not letting non Indians live there. But once they marry into the culture they should be allowed to stay and especially once they have children.

  29. Please remember everyone that as of yet, Six Nations Elected Chief HAS NOT been reached for comment. Attempts have been made, we just have not been able to reach them. An updated version of this article will be ready for next week’s paper. Comments are only deleted when they are filled with hatred, and bad language.

  30. r u serious im with a native woman but reside in brantford if the city of Brantford did something like this to my wife it would be an outrage, Ava Hill you are splitting up a family hope your happy

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