The Tip of the Iceberg: Addressing Safety and Jurisdiction in Brantford

Last week, I had the opportunity to meet with both the fire chief and the mayor of Brantford at the Wheels on the Pavement event near the Civic Centre, which seemed very appropriate given the discussions at hand. While my interaction with the mayor was brief and somewhat curt due to our history, I ensured that the discussion remained focused on the important matters at hand. Former councillor Jan Vanderstealt was also present during this meeting. My primary goal was to highlight the urgency of addressing safety concerns and the larger jurisdictional issues that affect our communities.

My meeting with Fire Chief Todd Binkley was productive and focused. To express goodwill, I offered a small gift and reiterated our shared commitment to safety. Our discussion centered on the urgent need to address critical gaps in safety coverage that could arise if provincial legislation is reverted on Mohawk lands, posing significant risks to our community. Additionally, we delved into the legal complexities surrounding our jurisdictional challenge, discussing the potential risks and the question of whether their office may be obligated in this regard.

However, the underlying risk is much more profound and complex. The lands in question are Mohawk lands, set apart from provincial legislation. This means that provincial laws and mandates do not apply, protecting against encroachment and affirming our quest to revert the land to its rightful status. This involves removing Canada and Ontario’s occupation of these lands, potentially voiding all provincially mandated offices, including those of mayors, police, and firefighters. This issue is merely the tip of the iceberg.

Since 2008, I have repeatedly asked both the Office of Mayor and City Solicitor if their offices are liable to observe the Haldimand Proclamation. Additionally in 2020, we asked Mayor Davis about previous wampums and the recitation that accompany them, as we believe these represent official responsibilities as indicated on the city website, though not specifically included in writing. Much like the Haldimand Proclamation, the duty to observe these wampums represents special responsibilities. The Chief of Staff Sasha Hill replied, “I can confirm that we do have two (2) Wampum Belts proudly on display in the Mayor’s Office.”

Beyond these local inquiries, our approach has been exhaustive. I have asked the Attorney General of Ontario, the Solicitor General, and the Commissioner of the Ontario Provincial Police (as a branch of the Solicitor General’s office). In response, we received a letter from the Commissioner’s office acknowledging my information and concerns. Additionally, we have written to the Solicitor General, Attorney General, and Lieutenant Governor, seeking advisement on the issue as they are overseers of the oath of office. This persistent need for clarity and acknowledgment of the legal obligations tied to the Haldimand Proclamation underscores the significance of our efforts.

Reflecting on my first meeting with Mayor Kevin Davis during the 2018 elections, where we had an extensive discussion about my strategy and good faith approach, it is clear that these jurisdictional issues have always been a central concern. At that time, we talked for over an hour, and one of then soon to be Mayor Davis’s remarks stayed with me: “If you are right, I’m out of a job.” This statement, though made years ago, resonates even more today as we strive to bridge the safety gap and address the broader implications of our jurisdictional quest.

It is crucial that we come together as a community to address these risks proactively. By improving our safety and security measures and ensuring comprehensive coverage, we can safeguard our residents and secure a better future for Brantford. Moreover, by recognizing and respecting the true jurisdiction of Mohawk lands, we can foster a more just and equitable relationship between the Mohawk Nation and the provincial authorities.

I encourage everyone to read last week’s article and join the conversation about the jurisdictional integrity of our lands and the safety implications that follow. Together, we can navigate these complex issues and ensure a secure and just future for Brantford. Let us work together to protect our community, uphold our rights, and honor the commitments made to the Mohawk Nation.

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