Grand River Land Dispute - Dispute Timeline - 2006

2006

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February 28: The immediate conflict started when a group of members from the nearby Six Nations reserve erected tents, a tipi and a wooden building on 40 hectares of land known as the Douglas Creek Estates. Henco Industries, the developer of the land, obtained an injunction on March 3 ordering the protesters off the land. The Sheriff tried to deliver Justice Matheson's order to the protestors late Sunday evening, March 5. They would not accept delivery. One of the protestors respondents Dawn Smith, burned the order. The burning was broadcast on local television. The next day the protestors burned the order again.

March 9: Justice Marshall made three orders. At Henco’s request, he made the March 3 order, the interim and interlocutory injunction, permanent; he adjourned Henco’s contempt motion against the First Nations protestors to March 16; and he ordered that the service of the contempt motion on the respondents could be effected by the same methods Justice Matheson had provided for service of the injunction order (by police).

March 17: Justice Marshall made a finding of contempt and ordered the Sheriff to go to Douglas Creek Estates, read aloud the March 17 contempt order and the March 3 injunction order of Justice Matheson, and distribute copies to anyone present. Finally, the motions judge ordered that warrants of committal for contempt be issued. However, he delayed their execution for five days to permit the respondents to “quit the blockade and leave Douglas Creek Estates.”

April 20: The Ontario Provincial Police (OPP), more than three weeks after the motions judge’s second contempt order, the OPP went to Douglas Creek Estates and arrested twenty-one persons under the warrant of arrest. Later that day, several hundred natives from a nearby reserve, some of whom were masked and were armed with bats, axes and hockey sticks, returned to the site. The police retreated and the natives reclaimed the site and set up roadblocks along the access street. During the evening, the protesters put hundreds of tires across the highway, doused them with gasoline and lit them. In addition, they set fire to a wooden bridge over railway tracks. Firefighters were unable to extinguish both fires because the fire chief stated that he did not believe the OPP could protect his men if they attempted to put out the fires against native orders. Several boxes of documents from the land developer's office inside a model home, were stolen and tossed into a bonfire. A short time later, a hydro substation was destroyed when a truck crashed through its gates and was set on fire, causing a blackout and $1 million in damages.

April 24: Caledonia residents hold a rally demanding an end to the occupation.

April 25: Mayor Marie Trainer gave an interview to the CBC, where she commented that the residents of the town were being hurt economically by the protest and do not have money coming in automatically every month. The protesters took this as an insult, believing it implied they are all recipients of provincial welfare. The Mayor said she did not intend that. The municipal council acted quickly to distance itself from her comments.

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April 30: The provincial government appointed former premier David Peterson to help negotiate a settlement in the conflict.

May 10: Edward McCarthy of McCarthy & Fowler Barristers and Solicitors called upon the OPP, the Premier of Ontario, the council of Haldimand County, and the Indian Affairs Minister to intervene and restore the rule of law in Caledonia.

McCarthy cited the alleged Surrender of March 18, 1841, purportedly signed by six Chiefs of the Six Nations indicating that:

"The Chiefs and Warriors of the Six Nations upon the Grand River in full council assembled at the Onondaga Council House ... have and hereby assent to Her Majesty's Government disposing of the land belonging and formerly reserved upon the Grand River for the Six Nations Indians..." except for "... the farms at present in their present occupation and cultivation, and of 20,000 acres (81 km2) as a further reservation, and that the selection of this reservation be deferred until after a general survey of the tract, when the position most advantageous to the general interests and peculiar wants of the Indians can be more judiciously selected."

After a survey of the townships of Tuscarora, Oneida, and Seneca the following year, the said chiefs again met in Council on December 18, 1844, wherein they confirmed "the lands to be set apart as territory for the future residence of themselves and their people..." and agreed that those lands be "... on the south side of the River from that which is deeded at Burtch's Landing down to the west side of the Plank road except the tier of lots adjoining the said road...."

This document further declares:

"The nations present declare that due notice to their people was had of the times, place and object of their meeting in Council on the 13th inst. as well as of today and believe this their answer to the Commissioner is the wish of the Six Nations without a dissent."

The document was then signed by 37 Chiefs. The Six Nations representatives claim this was fraudulent and repudiated by the Confederacy Council.

McCarthy called upon the OPP to "please discharge your duty under Section 42 of The Police Services Act and the provisions of your Agreement with Haldimand County which requires you to provide adequate and effective police services in accordance with the needs of the municipality which you are not, and have not, been doing. Specifically, you are not enforcing or discharging your duties to prevent crimes and other offenses. You are not enforcing the provisions of The Trespass to Property Act and The Criminal Code of Canada and, in particular, you are not enforcing a valid court order of the Superior Court of Justice."

In conclusion McCarthy asks:

"By a copy of this letter to the Premier of Ontario, I am asking the Premier to direct the relevant Minister to, in turn, direct the OPP to discharge its duty under The Police Services Act and enforce the law in Caledonia. If additional help is required from the RCMP or the army, so be it. Let's get the necessary help and get it forthwith."

"By a copy of this letter to the Council of Haldimand County, I'm asking Haldimand County to take the necessary steps to enforce their Agreement with the OPP which, under Section 3 thereof, requires the OPP to provide adequate and effective police services in accordance with the needs of the Municipality. This Municipality needs the OPP to bring an end to this activity forthwith."

"By a copy of this letter to the Federal Minister of Indian Affairs, Jim Prentice, I am asking the federal government to take the necessary steps to assist the Province of Ontario in enforcing the law by declaring a 'Public Order Emergency' under the Emergencies Act (the old War Measures Act), if necessary, in order to get the army to assist the police."

To date no official response from any level of government has been received. (Source: Brantford Expositor)

May 16: Protesters opened one lane of Argyle St. after an accident closed MacKenzie Rd., the main detour route into Caledonia from points South of Town. After the accident was cleared, Argyle St. was closed again, though the protesters had agreed to let emergency vehicles through.

May 17: A second car accident east of Hagersville sent a 46-year-old Caledonia woman to hospital with life-threatening injuries. This accident, along with the accident on May 16, has led the Caledonia Citizens Alliance to call for the immediate removal of the barricades. Jason Clark, a member of the Alliance, told the press that "Enough is enough. People are now getting hurt and those barricades need to come down. Nothing else is acceptable at this point.” (Source: Simcoe Reformer)

May 22: At 6am EDT, native protesters removed their blockade on Argyle St. Although the native blockade was removed, traffic remained blocked due to the presence of several dozen residents on the road, who were blocking passage to natives.

Later in the morning, the members of the two sides traded shoves, punches and insults before OPP were able to separate the two sides.

Around 2pm natives re-established a physical barricade across Argyle St. and the two sides face each other separated by dozens of OPP officers. Scuffles continued to break out throughout the day, resulting in injuries to natives, residents and police.

Also, at some point during the afternoon, a fire at a nearby Hydro One substation caused a power blackout throughout Haldimand and in parts of Norfolk. The fire started when natives placed a burning truck in the substation, damaging two transformers. Crews fully restored power to all areas by May 27. Hydro One officials estimated the costs of repairing the damage at $1.5 million.

“As the world has seen, our protest has been firm but peaceful. Our people are responding without weapons, using only their bodies to assert that we are a sovereign people with a long history and that we cannot be intimidated,” said Six Nations Confederacy Chief Allen McNaughton, “Justice and reason are on our side.”

A state of emergency was declared late in the evening due to the escalation of violence and the power-outage.

In Saskatchewan, Cree protesters blockaded the Yellowhead Highway near North Battleford in solidarity with the Six Nations protesters in Caledonia. Following negotiations with the Royal Canadian Mounted Police, the roadblock was removed after about two hours.

May 23: By 2pm EDT, the barricade across Argyle St. was again removed by natives and workers could be observed filling in the trench that was dug across the road the previous day. By 3:30 pm EDT the road was fully open to traffic.

May 24: After Hydro One crews worked throughout the night, power was restored to Caledonia during the morning hours.

June 5: Six Nations protesters and Caledonia residents clashed on the town's main street after a police cruiser drove through an area protesters considered "restricted".

June 9: It was reported that two elderly citizens were followed and surrounded in their car in a parking lot away from the occupation site. Native protesters then jumped onto the vehicle and threatened to kill them. Once again, it was alleged that the police did not intervene. Following the altercation in the parking lot, more than 300 Caledonia residents gathered at the Canadian Tire lot before moving to a nearby school yard adjacent to the construction site, where some clashed with OPP officers in full riot gear.

Two CH News camera operators were surrounded by Six Nations' protesters and assaulted when they refused to hand over video tape containing footage of an altercation between natives and two non-natives in a parking lot adjacent to the Douglas Creek site. Witness claim that protesters walked past police officers and that a reporter was grabbed, put in a headlock and punched in the head, and the video tape stolen. The reporter was later hospitalized with a head injury. Caledonia residents say the OPP did not assist the camera operators, substantiated by the camera operators themselves, and shaky amateur video footage. Although the Hamilton Spectator reported that Lynda Powless, publisher of the Turtle Island News has produced photos which show OPP officers intervening.

During the evening, a U.S. Border Patrol vehicle, with agents reportedly observing the OPP's management of the crisis, was swarmed by Six Nations' protesters. Two occupants were immediately forced out of the vehicle and a protester climbed in. As a third OPP officer tried to escape out the back door of the moving car he was injured. The car was then driven directly at him and he was narrowly pulled to safety by onlookers. Protesters seized sensitive OPP documents from the vehicle, which included identities of undercover officers and information from confidential informants. The documents were later returned, but not before they were photocopied and distributed to the media. The Ontario government has asked Six Nations that all photocopies be handed back. The vehicle was returned.

Arrest warrants have been issued for Albert Douglas, 30, Skylar Williams, 22, Arnold Douglas, 61, and Ken Hill, 47, all of Ohsweken, Audra Ann Taillefer, 45, of Victoria, B.C., and Trevor Miller, 30, who face a total of 14 charges including attempted murder, assaulting a police officer, forcible confinement, theft of a motor vehicle, dangerous driving, assault and intimidation.

June 12: A class-action lawsuit is filed by 440 residents, 400 businesses and a handful of sub-contractors, alleging negligence and malfeasance for the failure of the provincial government and the OPP to properly protect citizens who lived near Douglas Creek Estates

Ontario Premier Dalton McGuinty calls off negotiations with aboriginals protesting at the Caledonia site, saying that public safety has been compromised by Friday's violence. He says the province will return to the table only when the barricades come down and native leaders assist police in finding seven suspects in connection with earlier incidents. Aboriginal protesters respond by removing one of the blockades, and negotiations resume on June 15.

June 16: The Ontario provincial government announced that it had bought the disputed site from Henco Industries, the company which had sought to develop the land. It simultaneously announced $1 million in additional compensation for businesses in the Caledonia area adversely affected by the protest. The fate of the land, now in provincial hands, is currently unclear.

Also, Audra Ann Taillefer, 45, of Victoria, B.C. was taken into custody on charges of robbery and intimidation, stemming from the June 9 incident involving a Simcoe couple.

June 20: Native protesters start an unofficial archeological dig on the Douglas Creek Estates. This prompts some residents to erroneously claim that the protesters are tapping into Caledonia's water supply, a supply that comes from Hamilton, a city in the other direction.

Rumours spread that the natives are building bunkers, digging trenches and discharging firearms. Natives explain that the bunkers are no more than a house they have occupied being renovated, that the trenches are part of the archaeological dig, and that the gunshots are merely fireworks.

July 11: Native protesters remove the concrete blocks and the hydro tower which have been blocking the main entrance into the disputed area. They say they have nothing to hide.

August 7: Native protesters and non-natives began throwing rocks and golf balls while shouting insults at each other. Approximately 100 people participated in the violent event which lasted nearly 3 hours. OPP spokesman Const. Dennis Harwood commented to The National Post "There was some property damage, but no injuries were sustained."

According to the Canadian Press, Harwood stated that the "altercation was sparked by minor incidents on Sunday, beginning when Six Nations children cut the middle out of a Canada flag."

"They were taunting at the Caledonia residents, then the Caledonia residents put up some signs," said Harwood." Mayor Marie Trainer stated that the residents' anger had started earlier, when the natives had been throwing rocks at the home of an 89-year old resident.

August 8: At a hearing in a Cayuga courtroom, Superior Court Justice David Marshall ordered the Ontario provincial government to break off negotiations with the Six Nations community until the Protesters have left the disputed land. Six Nations protesters indicated that they had no intention of leaving.

August 11: The Government of Ontario announces that it is appealing Superior Court Justice David Marshall's ruling to break off negotiations to the Court of Appeal for Ontario. The Government will first seek a stay of Justice Marshall's Order, so that negotiations may resume while the appeal is being prepared. A court date of August 22, 2006 was set in the Court of Appeal for Ontario, where a 3 member panel will decide whether or not to grant a stay.

August 14: Natives set up an information booth on government property in Brantford, Ontario. The government stated that they weren't using the land anyway. They do not want this situation to escalate into one like in Caledonia, so they have no intentions of asking the natives to leave.

August 27: The judges of the three member panel of Ontario Court of Appeal dealing with the Provincial government's appeal wrote: "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 is content to let them remain. We see no reason why it should not be permitted to do so." Furthermore they stated "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, the order of Justice Marshall does not preclude continued negotiations."

September 22: Gary McHale from Richmond Hill, Ontario and his wife organized a rally on the Caledonia Wake Up Call website, due to take place on October 15 at the occupation site. McHale was quoted saying "It's not an army base. It's just standard government land and we can walk on government land." At the same time, Hazel Hill, spokesperson for the Native protesters, organized a "defence" group of the people of Six Nations.

October 15: McHale's rally contained approximately 400 participants. The rally was blocked from the main entrance to the Douglas Creek Estates by the OPP, which is where the rally planned to march. Instead, they went to the grounds of the school that borders the site and one of the side entrances that is blocked off. McHale encouraged his rally to control their temper and not to resort to violence. Meanwhile, about 750 Six Nations people and their Native and non-Native supporters gathered together for a "Potluck for Peace" on the reclamation site whose status is currently under negotiation between the Haudenosaunee Confederacy Council and the Provincial and Federal Governments.

December 16: OPP arrested Gary McHale for breach of the peace.