Uncertainty reigns on Haldimand Tract

With the occupation of Douglas Creek Estates in Caledonia appearing regularly in the headlines, suddenly many more Canadians know at least a little bit more about the history of the Six Nations people. But sometimes just a little knowledge can be a dangerous thing.

Terms like "Haudenosaunee" and "Haldimand Tract" were, until recently, known only in the Iroquois communities up and down the St. Lawrence River. Now they are getting wider exposure.

But the lack of a thorough understanding of Six Nations history has many of the non-Native people living within 10 km (six miles) of the Grand River more than a little anxious. So when a registered letter was received at the Calgary headquarters of Canadian Hydro Developers Incorporated (CHD) on July 28, it was big news in communities just northwest of Toronto.

CHD has constructed 45 of the planned 88 turbine windmills in a $27-million project near the village of Shelbourne, which is just north of Orangeville in Melancthon Township. The letter CHD received was a notice of seizure by "the Six Nations women title-holders." The land where the windmills have been constructed is very close to the mouth of the Grand River.

The letter was signed by Kahntinetha Horn and a woman identified only as Katenies. The two women have also announced similar claims to land owned by the Etobicoke Board of Education in Nottawasaga Township and to the Highway 407 toll expressway in other announcements.

"Canadian Hydro Developers never consulted us nor asked us, the title holders, for our consent to enter our land and develop your windmill project on Kanion'ke:haka [Mohawk] territory. You were put on notice in November 2005 to discuss this project with the landowners even before you started construction. It is not only unsurrendered land, but according to our constitution it cannot be sold," the letter stated. "The windmills on our land are now attached to the soil. According to law they become part of the land. They cannot be removed. As the owners of the land we are now the owners of the windmills. We would be glad to meet with you to discuss the full transfer of the project over to us since we now own it. "

Doug Fisher, a man who says he is the eyes and ears of the Haudenosaunee in that part of the Haldimand Tract, backed up the claim during an interview with Wes Keller, a freelance reporter for the Orangeville Citizen. Keller's story captured the interest of both the Globe and Mail and the Hamilton Spectator. Both publications also published stories on the notice of seizure.

Adding to the consternation in the region, a business owner recently received a letter from Six Nations elected council informing him that Six Nations had an interest in his land. It warned that projects of an environmental concern should not proceed without consulting the council.

Ron Dillman handed the day-to-day operation of the family septic tank pumping business over to his son when he retired. But he has been following up with Six Nations council after an application he made to the Ontario Ministry of the Environment (MOE) prompted the letter from the Six Nations council. He wants to construct a composting bin on his farm.

"It was already a waste disposal site," he said. "All I wanted was an amendment so I could compost."

Those types of projects must be posted on the MOE on-line Environmental Bill Registry so concerned members of the public can comment or file objections. He's been in contact with JoAnne Greene, the director of the Six Nations Land Claim Research office.

While the language employed by Horn and Katenies in their letter to CHD is provocative, the exchange between Dillman and Greene has been cordial and respectful, Dillman said.

Keller and Dillman took Windspeaker on a tour of the region on Aug. 27. Both men were quite interested in the history behind the recent communications with the Six Nations parties.

The history of the Confederacy Council, more properly called the Haudenosaunee, is of special ierest given the provocative tone of the letter of seizure. Six Nations sources point out that the Confederacy Council, when intact, consists of 50 hereditary chiefs and a variety of other hereditary positions that are filled according to carefully spelled out processes described in the Great Law of Peace.

The women in the community put up the chiefs to be "condoled," a ceremony where they are formally given their titles and responsibilities. The women can also "de-horn" a chief who does not follow the direction of the people. But it is not just any Haudenosaunee woman who has this authority. Clan mothers must be recognized as legitimate within the community. There have been cases where individuals have come forward falsely claiming to be clan mothers or hereditary chiefs.

Windspeaker was not able to determine whether the two women behind the letter of seizure are regarded as authorized speakers for the Confederacy council.

Sometimes it's hard to get a clear answer to such questions. The colonial push to replace traditional Indigenous governments with Indian Act councils has left a lot of damage in its wake. Efforts have been made in recent years to clear up the confusion as to who should rightfully hold the various titles and positions. Because of colonial efforts to eradicate the traditional governments, the Confederacy Council is in a state of some disarray. In many cases, several people claim to be the rightful holder of one position, honestly believing they are the rightful title-holders. Confederacy chiefs acknowledge that a lot of work will be needed to restore the council to its former strength and legitimacy.

Six Nations elected Chief Dave General has proposed new governance methods that would restore power to the traditional council, which has no revenue and no infrastructure and is maintained mostly by dedicated volunteers. The council was replaced by the Indian Act council in 1924. In Six Nations, many traditional supporters believe they are livingi occupied territory and their only legitimate government is the Confederacy. General has advocated rebuilding the traditional council so it can resume its rightful role. He suggested a combination of the band council and the Confederacy Council as one option during a public meeting in May.

General told Windspeaker it is not at all clear that the two women have the authority to issue letters of seizure on behalf of Six Nations, especially since neither woman is from Six Nations.

General was asked if there was any similarity between the actions of Horn and Katenies in dealing with the windmill farm and the actions of Greene in dealing with Dillman's plan to compost on his farm near Shelbourne.

"Initially, the two are distinguishable on the following basis. JoAnne Greene is legitimate. Kahntinetha Horn may not have a legitimate basis for her claim of representation," General said. "Further, we are trying to work with the proponents for the benefit of the community at large. We do not know who Kahntinetha Horn is working for."

Six Nations elected council has always had a policy of not displacing innocent third parties who were allowed to obtain title to Haldimand Tract lands by municipal and provincial authorities that did not recognize Six Nations' claims to the lands. That policy was adopted by Six Nations because the dispute was seen to be with the Crown. Horn's words and tone have raised the possibility that third parties will be caught up in the land claim battle and that is making people very nervous.

Other elected leaders have had harsh words for Horn, a prolific and hard-hitting advocate for the traditional point of view who tends to be what mainstream Canadians-and many members of the Iroquois communities-would describe as activist or extreme.

Horn recently circulated a very unpleasant exchange between herself and former Kahnawake chief Joe Norton on her Internet communication service MNN. Neither side of the exchange can be printed here because of thepoentially defamatory nature of the comments. Norton, when contacted for comment, confirmed that the remarks in Horn's e-mail were indeed his.

"But that's all I want to say. I sent a personal note that she chose to share with many people. I have no further comment because I'm contemplating legal action," he said.

While many non-Native people in Caledonia are angry and alarmed at the recent activities of Six Nations people in exerting their land rights, Dillman was more critical of the province. He said he's reserving the right to get his $1,400 application fee for the composting project refunded if he doesn't get answers soon.

"I expect the MOE to deal with this. If I have to deal with Six Nations, I want the ministry to tell me if we're now dealing with Six Nations. If the MOE tells me I have to deal with Six Nations, I will," he said.

He was already unhappy with the slow pace of the provincial bureaucracy in dealing with the application and can appreciate Aboriginal claims of bureaucratic inertia. He's also angry that it takes so much time to deal with all the government red tape for what he sees as a simple and straightforward project.

"I've got time now that my son's taken over the business. If I was out there driving I couldn't do this stuff," he said.

Dillman said he is not alarmed or angry that he is being faced with dealing with the Six Nations government as well as the province. But he and Keller say many people in the region feel threatened by the letter to CHD because of the potential threat to other local business ventures on disputed land within the Haldimand Tract. They wonder if there will be occupations like Caledonia in their area.