Six Nations (Caledonia) Negotiations

Highlights

Ontario’s Efforts to Facilitate A Resolution of Douglas Creek Estates Protest

In 26 years, 29 claims have been filed against the federal government, and only one has been settled. The Douglas Creek Estates property is part of the Plank Road/Port Dover claim – one of 28 outstanding claims. These negotiations are complex. Ontario’s role is to continue to support these negotiations.

The following are highlights of the Ontario government’s efforts to facilitate a peaceful resolution to the Douglas Creek Estates protest.

The province appointed former Ontario Premier David Peterson as the provincial lead to address the immediate issues at Douglas Creek Estates by working closely with the parties’ representatives. Between April 29 and June 5, 2006, Peterson held 13 meetings with Six Nations, and multiple meetings with other stakeholders including Haldimand County, the developers and builders. These negotiations resulted in the removal of the Argyle Street barricade on May 23, 2006, followed at a later date by the removal of other transportation corridor barricades.

In response to Haudenosaunee/Six Nations’ grievances, Mr. Peterson committed to a reassessment of the findings of two archaeological studies carried out on the Douglas Creek Estates property in 2002 and 2005. These earlier studies found evidence of human habitation, some of which dates to approximately 9,000 years ago. Phase 1 of the archaeological reassessment was completed in the fall of 2006. No evidence of human burials has been found to date.

Ontario appointed Jane Stewart, a former federal Minister of Indian Affairs, in May 2006 as its principal representative for the discussions aimed at addressing the longer-term underlying issues that have led to the protest at Douglas Creek Estates. With this appointment, the Ontario government was instrumental in bringing the federal government and Six Nations together in negotiations, which are ongoing.

To set the stage for the parties to resolve the longer-term issues related to Six Nations’ claims through peaceful negotiations, the Ontario government announced its intent in June 2006 to secure transfer of Henco Industries’ title to the Douglas Creek Estates property.

As a result of negotiations , a 100-foot (30.48-metre) buffer zone was created on the north end of Douglas Creek Estates lands, between the Douglas Creek Estates lands and the neighbouring residential area. The creation of the buffer zone was supported by Haldimand County and the Haudenosaunee/Six Nations and was intended to create a better sense of privacy and security both for the people living close to the property and for the Haudenosaunee/Six Nations.

Since May 2006, Ontario negotiators have participated in bi-weekly meetings with representatives of the Haudenosaunee/Six Nations and Canada at the Main Negotiation Table. Ontario representatives have also participated in many meetings of the four side tables created to deal with specific issues arising from the protest at Douglas Creek Estates (Archaeology and Appearance of Douglas Creek Estates Lands; Douglas Creek / Plank Road Lands Resolution; Consultation; and Public Awareness and Education).

Ontario negotiators have also established a Citizens Advisory Group to update and inform residents and municipal officials about the work of the Archaeology and Appearance Side Table, visited residents in the neighbourhood adjacent to the Douglas Creek Estates property to update citizens on the negotiations and listen to their concerns, and attended public meetings hosted by the Caledonia Citizens Alliance and the Haudenosaunee/Six Nations.

On December 14, 2006, the Ontario Court of Appeal concluded that the negotiations had achieved some progress, including the removal of barricades and a substantial reduction in disobedience by protestors. “The peaceful occupation of what is now Crown land points to reconciliation, not the force of law, as the best way to achieve a lasting resolution of this dispute,” states the Court’s ruling.

In order to promote economic stability in the area, the government has provided financial assistance including:

• $1.4 million to help the recovery of local businesses, building on $500,000 in immediate emergency financial assistance previously provided to local businesses that were at risk of closure due to the barricades. The province also provided $150,000 to Haldimand County to develop a marketing strategy to promote local businesses and attractions.
• In August, Ontario provided a grant of $461,340 to Six Nations of the Grand River to replace the rink slab at the Gaylord Powless Arena. The arena is 34 years old and the condition of the rink slab made it an unplayable surface for sports such as hockey, lacrosse and figure skating. The arena is also used for pow wows, the annual Six Nations Fall Fair and the Bread and Cheese Day Parade.