HALDIMAND – It came as no real surprise when a legal challenge launched on behalf of members of the community by an organization known as the Six Nations Men’s Fire went in the direction of developers and the County regarding the Empire Communities/McClung Road housing project, which would double the size of Caledonia.
The recent court decision was fully expected by the Men’s Fire and their legal representative Sue Draper, who are preparing an appeal to the judgment which gave the Empire/McClung Road project the go ahead, despite all warnings.
“We have to get our papers in and filed before the end of April but we are doing that now,” said Men’s Fire member Bill Monture.
They believe the judge who ruled for the developers disregarded any and all Six Nations land and treaty rights arguments in making his decision.
Official objections against the development come from Six Nations Confederacy Chiefs Council, the Elected Band Council and the Men’s Fire.
A registered land claim that covers this piece of land was filed in 1987 by the Elected Council and accepted by the federal government as a legitimate claim.
In 2013, Elected Council sent a letter to McClung Pro Ltd., requiring a meeting to discuss consultation and Accommodation and the Haldimand Proclamation lands. There was no response.
Then, in august of 2014, a letter was sent to Haldimand Council explaining that McClung refused to talk with Six Nations and advised that there be no development until meaningful consultation takes place. That too was ignored.
Another Band Council letter was sent to McClung on October 7 2014, but this time it also contained a warning of legal action if there was no response. It too was ignored.
As recent as January 15, 2016, Elected Council lawyer Lonny Bomberry sent yet another co-resonance to McClung and Haldimand stating, “There has been no consultation with the Haudenosaunee and Haudenosaunee land rights continue to remain unresolved. As a result, we shall remain opposed until our rights issues and concerns are addressed respectfully.”
Earlier in the process, lawyer Aaron Detlor acting on behalf of the Haudenosaunee Development Institute (HDI), which is the business wing of the HCCC, said, “They are essentially making a new town. Given the recognition, it’s very difficult to understand how they would let a building project of this size go ahead without engagement.”
He advised potential buyers to “exercise caution before investing in this particular development.”
“The Chiefs Council are unanimously opposed to the said proposal,” according to a previous statement released by the HDI.
It is the position of the Elected Council, as well as some residents of Haldimand that consultation and accommodation as well as following proper Ontario legal protocols is necessary before a shovel hits the ground.
Elected Chief Ava Hill and her Council have since, made the statement that they are “ready to intervene to protect its interests and rights when the time is right.”
The situation is as it was in 2006 when Six Nations people of all stripes began the reclamation of the former Douglas Creek Estates.
Echoes of 2006 and 2007 are being heard again from Band Council, HDI, and the Men’s Fire. Although divided on many issues, this is one matter that galvanizes all of Six Nations people.
According to Six Nations people across the board, the $80 million proposed subdivision sits on unceded Six Nations land. This was the same argument that triggered the reclamation of Douglas Creek Estates located on the other side of the river.
