[IPSM] Solidarity with Six Nations & news

Fri Apr 21 05:06:45 PDT 2006

For Immediate Release:                                  Thursday, April 20, 2005

Tyendinaga Mohawks Shut Down Rail Lines 

in Solidarity with Six Nations

 At roughly 12:00 AM, Thursday, April 20, 2006, Tyendinaga Mohawks blockaded the CN rail lines that run through the North end of the community in solidarity with our sisters and brothers in Six Nations.

Haldimand Tract land - the area where the Caledonia housing development was planned - must be rightfully returned to the Men, Women, Warriors, Children and Chiefs of the Six Nations Haudensaunee Confederacy.

 Tyendinaga is located south of the 401 between Kingston and Belleville.

We anticipate similar action will be taken in First Nations communities across the country and would encourage those communities not taking action of their own to make their way to Six Nations or join us here.

Six Nations does not stand alone.

For more information contact:

(613) 391-4055

Montreal -- April 20, 2006

A group of about 30 demonstrators gathered for an emergency demonstration to denounce the Ontario Provincial Police (OPP) attack on indigenous protesters defending their land at Six Nations.

The demonstration, which was called with just a few hours notice, gathered at Cabot Park in downtown Montreal. After speeches by Misty and Tania, two local indigenous solidarity activists, the demonstration marched along Ste-Catherine Street. Protesters chanted: "Indigenous rights under attack, what do we do? Stand up and fight back"; "Land, freedom, self-determination, Canada is an illegal nation!"; and, in French: "Fin de l'occupation, respectez les
Six Nations!"

Members of the Indigenous Peoples Solidarity Movement (IPSM) and allied groups will continue to raise awareness and mobilize to show support and solidarity with the indigenous resistance at Six Nations.

To stay in touch with the IPSM: ipsm at resist.ca 

ANGRY CLASH

      Neil Drink, the Grand River Sachem 
      Native protesters towed a minivan to a bridge and pushed it off an overpass in protest of police arrests yesterday morning at a Caledonia housing construction site.

Natives, townspeople in a faceoff after police arrests spark fires, anger
By Deirdre Healey and Daniel Nolan
The Hamilton Spectator
CALEDONIA (Apr 21, 2006) 
Hundreds of Caledonia residents and masked natives stared each other down last night, separated only by about 50 metres of Argyle Street.

About 300 white residents taunted nearly as many natives, mocking them for wearing masks and telling them to go home. The occupiers, many wielding pieces of wood, shovels and bats, mostly watched, speaking up to order the Caledonians back if they ventured too near.

Police stepped in to push the two sides further apart.

Nearby, a historic wooden bridge was set on fire. Police refused to comment, but one native said protesters did it to prevent the OPP from using it.

Caledonia last night appeared like a town under siege. Tensions grew steadily after the pre-dawn raid, in which dozens of OPP officers swooped down on a handful of protesters at the subdivision they have occupied for eight weeks in Caledonia.

But less than four hours later, the police turned on their heels and left after protesters reoccupied the subdivision.

The day had been filled with scenes of angry natives gathering at the site, setting up roadblocks and fires. Then it was the townspeople's turn.

More and more people gathered near the barricade before dark, angry that their community is literally cut in two and the effect this has had on their town. Schools are closed today, Hwy. 6 is shut down and many shops aren't bothering to open.

Local residents who live inside the native lines were barred from their homes last night by occupiers. Natives were permitted to cross over, but residents were turned back. Shortly after 8 p.m., a truck dumped a load of wood and another fire was lit in the middle of the road.

It's amid this atmosphere that the Six Nations Confederacy will resume talks with the federal and provincial governments today. But it's unclear where those talks will lead.

The federal government has said the dispute is a provincial issue. And yesterday Ontario Aboriginal Affairs Minister David Ramsay called on his federal counterpart Jim Prentice to appoint a personal envoy to take part in the talks with the Confederacy, which has been delegated to deal exclusively with land claims by Six Nations Chief David General and the elected band council.

In Montreal, Prime Minister Stephen Harper told reporters his government was "obviously watching carefully" the developments in Caledonia. But all he would say is that Ottawa prefers a "peaceful resolution".

Dozens of OPP officers stormed the Douglas Creek Estates at 4:30 a.m. yesterday and arrested 16 activists for mischief and assaulting police charges.

But an estimated 75 protesters pushed back onto the land shortly after 8 a.m. Three police officers were slightly injured in scuffles - one who needed stitches to his head after being hit with a bag of rocks.

At that point, a convoy of police vehicles retreated from the area, setting up a perimeter about a block from a native barricade.

Seven of the protesters were freed yesterday, the other nine remain in custody.

Angry protesters paralyzed Caledonia yesterday, setting up roadblocks on Argyle Street on the south side of town and the Highway 6 bypass. Natives cut down hydro poles to use as barricades, tore up highway fencing and dumped truckloads of gravel to stop police from returning.

They set fires at several locations, tires and wood sending plumes of black smoke choking into the air.

Masked protesters, many waving Mohawk Warrior flags, shouted their defiance across barricades, saying they're willing to die before surrendering.

The natives on scene yesterday came from as far away as eastern Ontario and Manitoba. And organizers say many more are on their way to reinforce Six Nations members.

Some Caledonia residents are upset the government has let the protest get this far and believe the victims are the people who live in the community.

"We have a lot of people suffering here. People can't even run their businesses or go to work. Who is going to pay our wages when we can't go to work?" said Janet Whintemute.

Whintemute said the police did more harm then good by arresting a handful of the natives yesterday morning.

"They have stirred up a hornets' nest and then deserted us," she said.

Kevin Clark, who lives near the site, described the protesters' actions as "lawlessness at its finest."

Mayor Marie Trainer visited the site first in the afternoon to speak with media and returned again in the evening to give an update.

She stood about 50 metres from the blockade for the interviews and a group of protesters immediately gathered around her and began heckling and asking questions. At one point when she was trying to back away from a protester, she was pushed from behind by another. He then blocked her from getting out of the scrum of reporters and natives asking her questions.

OPP Sergeant Dave Rektor said police intended to remain around the scene with a perimeter and in a command post in an old school north of town. But he said the force was "very hopeful that those who can make a difference will get back to negotiating and work toward a peaceful resolution."

Ramsay said there is a new urgency to bring the standoff to an end because of "the mayhem we saw" yesterday. "This is not what Canadians want to see. If anything it should focus everyone's attention to really get down and get to a peaceful resolution."

He wouldn't comment, however, if the situation brought a new focus to a suggestion for the province and federal government to buy out developers Don and John Henning and leave the land in native hands.

Yesterday afternoon, Deputy Commissioner Maurice Pillon said the OPP has no immediate plans to go in again to clear out protesters.

"We, unfortunately, are in the position where we have no negotiating power, if you will," Pillon said. "We are caught in the middle of this situation. Our main focus is on public safety, has been from start and will continue to be."

At Six Nations, the anger at the morning raid was palpable.

"Everybody's watching. Everybody's talking. Everybody's concerned," said Carrie Hill, manager of the busy Big Six Gas and Convenience on 4th Line near Oneida Road, where customers shared news and rumours.

By early afternoon, Hill had heard everything, from talks continuing to talks breaking off, to the police backing away to the police planning to return.

She blamed Ottawa and the province for the vacuum.

"Nobody's willing to come forward and take responsibility for anything," she said.

At Sixth Line and Oneida Road, just west of the occupied subdivision, a small group led by a handful of young natives was slowing traffic and swearing at white people, as burning tires spewed black smoke into the air.

The Six Nations Confederacy negotiating team issued a press release stating they were "saddened and disappointed at the police action," but they still welcomed the chance to meet with provincial and federal officials today.

The six-member committee said restoring peace "is even more urgent" in the raid's aftermath.

They also said they do not control the protesters, but do have influence over them.

"But that influence depends on our ability to convince them that serious attention is being paid to the causes of the protest," the release said.

The band council also issued a statement and appealed for calm "as we work through this difficult situation." The council reiterated that it recognizes the lead of the Confederacy in this matter and "shall remain in an active supporting role."

The Henning brothers, who had been urging the OPP to execute the court injunction for weeks, issued a brief statement.

"We are very dismayed at the situation that is now occurring at and around our Douglas Creek Estates subdivision project. We have always said that we hoped the situation would be resolved peacefully."

dnolan at thespec.com 905-526-3351

Rude awakening for young protester

      Paul Hourigan, the Hamilton Spectator 
      Ontario Provincial Police officers retreat to their vehicles as the natives rush forward during a confrontation in Caledonia yesterday.

By Marissa Nelson; With files from Paul Legall
The Hamilton Spectator
CALEDONIA (Apr 21, 2006) 
A handful of native protesters were sleeping soundly in their make-shift shelters when what was otherwise a tranquil spring morning was interrupted.

At 4:30 a.m. dozens of OPP officers swooped into the Douglas Creek Estates to clear out the protesters who were defying a court order.

One teenaged boy, who was at the back gate sleeping in a hammock, said he awoke to find more than five police officers standing next to him in the shelter, made of blue tarps and pieces of wood crudely nailed together.

"They threw me to the ground and put plastic handcuffs on me," said the boy, who would only say his name was Flame.

Donning a scarf to hide his face, he said police lifted his face up, snapped his picture, and put him into a cruiser. He was taken to Cayuga for processing, where he was charged with contempt of court and given six months' probation.

He was told he'd be arrested if he went back at the barricades. He was back within hours.

He said police had stacks of photocopied paperwork waiting for the arrested protesters.

Many of the protesters said they didn't even have time to leave -- they were put into plastic handcuffs and whisked away to face charges before they knew what was going on.

There are reports that police used pepper spray and Tasers on the natives. Police said they used minimal force and arrested at least 16 protesters.

Many who were there said police had their high-powered rifles drawn and pointed at unarmed protesters.

Not a single shot was fired.

As the sun rose, it revealed the massive police presence that had descended on this small town.

There were more than 24 police vehicles lining the road outside the main entrance to the property. The OPP helicopter flew overhead. There were police dogs, tactical officers and uniformed police swarming the subdivision.

But suddenly, around 8 a.m., Six Nations people stepped out of the woods behind the subdivision. One by one, native protesters returned, walking across fields and through brush that is north of the development and leads toward the Six Nations reserve.

The protesters were well behind the police lines at the two main gates to the estate.

First there were two protesters.

Then there were a dozen.

The numbers kept swelling.

The native people linked arms and walked boldly toward police.

The OPP, surprised by the sudden return of the natives, quickly formed a black wall of officers at the front entrance to the subdivision. Several officers had video cameras rolling, as the two sides faced off near the sacred fire.

An argument ensued, lasting just a few minutes. Then, at 8:15 a.m., the OPP officers turned around and walked away.

They left the site en masse, having been in control of the property for less than four hours.

Triumphant, the protesters cheered, waving flags and then began to drum in victory, jeering at the last few officers who climbed back into their unmarked cargo vans.

The roads in the whole area were shut down, causing motorists' tempers to flare as both Highway 6 and the bypass were blocked during the morning commute.

Some of the police went to the staging area -- a school on Unity Road -- while others went around the corner in unmarked cargo vans to the second entrance of the subdivision through an existing subdivision.

Minutes later, the protesters noticed police amassing at the back gate and there was a sudden flood of native people -- in pickup trucks and on all-terrain vehicles -- toward the back gate to bulk up support.

Police lined the entrance, with shields, as the protesters jeered at them.

The two sides clashed once again, and several protesters rushed at the police vehicles, smashing windows with a metal pipe.

The day was emotional, as tempers flared and nerves were fraught. Norma General stood with tears streaming down her face around 7:30 a.m. yesterday as she watched police walking around the main barricade. Her own son had spent the night there.

"We had peace in our hearts," General said. "And they just dragged them away."

As soon as the police were pushed off the site, a native dump truck was parked across Argyle Street next to the Canadian Tire store in Caledonia. Near the 6th Line, a massive pile of tires was set ablaze, sending thick black smoke into the sky.

Michael Laughing, from the Akwesasne Mohawk Nation that straddles the U.S. border near Cornwall, was wearing a red face mask and waving a two-row wampum flag yesterday, standing on top of the dump truck.

He said the police had stuck "a stick in a bee's nest. Now the bees are coming out," he told reporters.

Tensions at the back gate remained high throughout the day, as police lined the streets in unmarked vans in the quiet, middle-class subdivision.

Native protesters intermittently came on all-terrain vehicles, speeding past the vans and taunting the police officers inside. The officers didn't budge, and simply stayed silent in the vans.

Down the road, at around 10:30 a.m., protesters towed a minivan to the Sixth Line bridge over Highway 6 bypass. A group of men hoisted the van up and threw it over the metal rail.

The numbers of Six Nations people at the building site grew throughout the day, with hundreds of native protesters -- some in traditional longhouse wear -- at the site by the afternoon.

Hours later, the Six Nations hereditary chiefs came to address their own people and the public.

"We do not control the protesters. We have influence over them but that influence depends on our ability to convince them serious attention is being paid to the causes of the protest," said Allen MacNaughton, the Mohawk chief. "Restoring the peace is even more urgent in the aftermath."

Leroy Hill, a spokesperson for the Confederacy and the Cayuga sub-chief, said they were disappointed police had stepped in when they'd been talking with government officials late into the night.

"We come from a long tradition of diplomacy and using a good mind and resolving things at the table," Hill said.

The chiefs said they had more meetings scheduled today.

"We predict they'll be listening to us a little better," Hill said.

Cleveland General, the elderly Cayuga chief, was helped to the top of a table to address the crowd.

"I'm proud of you people for hanging on this long. I'm really proud you stand up for what belongs to us. I hope it's to the benefit of our people and to those who are unborn," he said.

Word quickly spread across the protest site that they were getting support from other First Nations people across the province and country.

"The First Nations of the world are rising up. It's time Canada dealt with us -- nation to nation ... They didn't understand how serious we were," said Hazel Hill, who was part of the group who confronted OPP.

She said if police take action again, "it will escalate across the country."

Sifting through the paradoxes of Caledonia

By Andrew Dreschel
The Hamilton Spectator
More articles by this columnist
(Apr 21, 2006) 
Let's be thin-blooded rather than hot-blooded about the riotous standoff between the native protesters and OPP at the housing project near Caledonia.

First off, any way you cut it, the police raid was a disaster.

After weeks of waiting, they gave up playing a mature long game in favour of sudden overwhelming force.

Then, rightly or wrongly, they applied it in half measures -- thus both ratcheting up emotions and handing the protesters a symbolic victory and rallying point.

Having misplayed their high card, I guess that means it's back to the negotiating table for whatever body of officialdom steps up to the plate.

But negotiate with whom?

Part of the frustration for authorities in trying to manage this chaotic situation is the complex infighting between the elected band council and the rival hereditary chiefs.

Who do you try to strike a conclusive agreement with when you're dealing with a longhouse divided against itself?

In some ways, this factionalism is a throwback to the very divisions that weakened many native peoples in their historic struggle against European invaders.

But in a curious way, those same divisions can also be a strength when it comes to dealing with a linear law-and-order culture that's used to straightforward lines of communication.

That's because it has the dual virtue of driving the other side crazy while leaving the door open for alternative options if circumstances require it.

To recap:

The elected council disagrees with the protesters. They don't think the project land has been stolen from Six Nations.

They accept it was legally surrendered to the government for sale on behalf of the Six Nations in 1841.

However, they don't believe the natives of the day got fair compensation for lands in the so-called Haldimand Track, and they want the provincial and federal governments to pay up.

OK. That sounds like reasonable grounds for negotiations.

The trouble is, the traditional chiefs don't recognize the authority of the elected council.

And some of them have thrown their support behind the protesters and militants from within and without the reserve who, with varying degrees of emotion, claim the land belongs to them.

Period.

So who is speaking for whom?

How binding is the word of any one or two or three native negotiators?

And can the militants be reined in?

In many ways, the situation is reminiscent of the kind of ambiguity that's bedeviled relationships between whites and North American natives since first contact.

Throughout the long and sordid history of open conflict and broken treaties -- on both sides -- whites never could quite grasp the fact that striking a deal with one tribal chief didn't necessarily mean a deal had been reached with the whole tribe.

Speaking generally, native societies were highly individualistic and intensely democratic. Authority tended to be spread among the many, not the few.

In the case of the Six Nations, when it came to decision-making, the emphasis was on consensus. Collective agreement, not majority vote, ruled the day.

Though that might be laudable in theory, it could also be a recipe for political paralysis and internal divisions -- particularly between camps favouring war or peace.

On the surface, it doesn't sound like too much has changed over the centuries, does it?

In the name of reclaiming or upholding native rights, the activists in Caledonia are demonstrating all the unruly individualism of their spiritual ancestors.

To many non-natives of course, that's just sentimental claptrap, a convenient excuse for pure anarchy.

Where does the truth lie? Paradoxically, on both sides. It's blazing in the past, frozen in the present.

For some reason, these kind of paradoxes seem to abound in these volatile circumstances.

For instance, after yesterday's dramatic events, only one thing prevents me from passionately arguing for, at all costs, more tolerance, more patience and more restraint on the part of the authorities as we go forward into the uncertain future.

To my sensitive ears, that sounds very much like a patronizing modern version of the white man's burden.

Andrew Dreschel's commentary appears Monday, Wednesday and Friday. adreschel at thespec.com or 905-526-3495.

OPP defends retreat, residents disagree

      Ron Albertson, the Hamilton Spectator 
      The scene on Argyle Street yesterday after provincial police first detained native protesters and then were forced to withdraw from the Douglas Creek Estates site in Caledonia.

'Lawlessness at its finest,' one witness says of natives' actions
By Paul Legall and Paul Morse
The Hamilton Spectator
CALEDONIA (Apr 21, 2006) 
Caledonia residents -- hoping for a decisive end to the 52-day Douglas Creek Estates occupation -- were shocked to watch police turn and drive away after protesters smashed their vehicle windows.

After the retreat at about 8:15 a.m., hundreds of protesters massed on the site while police remained a discreet distance away for the rest of day.

And Deputy OPP Commissioner Maurice Pilon made it clear the provincial police didn't plan to go back in and that someone else will have to solve the standoff.

"We have no immediate plans to go in again," he told the media yesterday. "We, unfortunately, are in the position where we have no negotiating power, if you will.

"We are caught in the middle of this situation. Our main focus is on public safety, has been from the start and will continue to be."

But some residents felt abandoned by the retreat of the provincial police and wonder what happened. Did the OPP miscalculate? Why did they retreat so easily, leaving the area in the hands of natives?

During the course of the day, the protesters blocked and controlled traffic on area roads with barricades, burning tires and other make-shift barriers. They built a barrier across the Highway 6 bypass around Caledonia by cutting down power poles with a chainsaw and laying them across the road near the Line 6 overpass to the Six Nations Reserve. The busy highway and truck route was closed for the rest of the day and police were forced to re-route traffic around the town.

After being peaceful for almost eight weeks, the protesters said they were retaliating against police for effectively "declaring war" by roughing them up during the early morning raid. Many said they were pepper sprayed and assaulted with a stun gun called a Taser which shoots electrically-charged projectiles.

But Kevin Clark, who lives near the site, described the protesters' actions as "lawlessness at its finest."

He told reporters he watched two native protesters, who drove up on an all-terrain vehicle, smash the front and side window of a police van with a metal pipe. He added the occupants of the vehicle, whom he believed to be members of the heavily-armed OPP tactical team, backed up and drove away with a caravan of other police vehicles. The window smashers weren't charged.

"I've been unhappy about this (the protest) since day 1. I hoped they would be kicked out. I'm very disappointed in the police. It should have been on day 1. Not day 60. "

The OPP's job was defined in the court injunction sought by developer Henco Industries, says University of Ottawa criminology professor Ronald Melchers.

"The one thing that came out of Ipperwash was the police are not to play politics," he said.

"The fallout is not the police's business, the fallout is the business of the developer and perhaps the band council and whoever the appropriate authority is for the land claim."

Retired Major-General Lewis MacKenzie said police likely arrested people because they had knowledge of individuals they were specifically targeting.

"To assume that because they left with those individuals and then more showed up doesn't necessarily mean they didn't achieve their objective," said the former Canadian military leader. "Their objective might have been the 16 individuals instead of stopping the occupation."

The OPP said it moved on the protesters because they "saw an escalation of activity" that concerned them.

Pilon denied protesters claims that officers had been heavy-handed and brutal. He said they'd been extremely restrained and used the "least amount of force required to effect the arrests."

After securing the site and making the initial arrests, he added, the situation escalated quickly when the officers were confronted by a second wave of protesters carrying "crowbars, rocks, axes and a various assortment of make-shift batons."

Pilon said three officers suffered minor injuries after being attacked by natives who displayed "clubs of sorts, axes... no firearms."

'Everybody's watching'

Six Nations residents blame all levels of government for not stepping forward and resolving land claims
By Wade Hemsworth
The Hamilton Spectator
OHSWEKEN (Apr 21, 2006) 
As anger, uncertainty and anxiety continue to ferment on both sides of the barricades at Caledonia, the residents of Six Nations are left wondering who will step up to deal with their claim over disputed lands near the Grand River.

Across Canada's most populous native reserve, emotions ran high throughout the day after Ontario Provincial Police detained native protesters occupying the construction site at Douglas Creek Estates at the southern edge of the developed area of town.

Though the police withdrew, few at Six Nations believed the trouble was over.

"Everybody's watching. Everybody's talking. Everybody's concerned," said Carrie Hill, manager of the busy Big Six Gas and Convenience on Fourth Line near Oneida Road, where customers shared news and rumours.

By early afternoon, Hill had heard everything, from talks continuing to talks breaking off to the police backing away to the police planning to return. She blamed the government of Canada and Ontario for the vacuum.

"Nobody's willing to come forward and take responsibility for anything," she said.

At Sixth Line and Oneida Road, just west of the occupied subdivision, a small group led by a handful of young natives was slowing traffic and swearing at white people as burning tires spewed black smoke into the air.

Nearby, a 50-year-old man, who would identify himself only as Steve, was quieter but no less angry.

"That's what I've grown up with: anger. It's generational. It's not just me. My dad feels it. My ancestors felt it," he said.

Steve said he and other natives have simply grown tired of all levels of government trying to pass off responsibility for their unresolved land claims.

"It's their way of addressing the problem: wishing that we would go away. They want us to go away, but we won't. We can't. To us, it's black and white. We're not going to win in the white man's courts, because it's the white man's law."

At the occupation site, a native man, who goes by the traditional name Hadocsay, stepped forward to demand answers from Haldimand County Mayor Marie Trainer as she spoke to reporters.

"She's always evading the question," he said after she told him the response to the protest was a police matter beyond her jurisdiction. "The only people we want to see are federal officials who can come down here and deal with the problem."

The 77-year-old man said he had been pushed to the ground and briefly handcuffed by OPP officers earlier in the day.

After a long morning trying to restore calm at the barricades, Lesley Greene and her husband, Dennis, took a late lunch at Vinny's Down "B" Low Diner on Sixth Line near Cayuga Road.

The native couple, who live near the protest site, were representing the Apostolic Motorcycle Ministry of Jesus Christ, and had been urging protesters to remain calm in the face of growing tension.

"We just tell people we love them, we care about them. And if it looks like tension is getting heavier, we tell them, 'Come out. Come away from here'. If someone seems tired and needs rest, we try to pull them away and urge them to rest."

Greene said she was deeply saddened by the situation and the fear it has caused in Caledonia and on the reserve.

"It's not necessary, absolutely not, what the police have come in and done," she said. "That's where it hurts. If you think there's fear in Caledonia, how do you think we feel about our people out there on the front line? That's the greatest fear."

Greene said she had talked a young man into putting down a plastic baseball bat. The bat itself wouldn't have done much harm, but she worried it might have been too late for him before someone realized it.

"You need to put that down. That's not called for," she told the young man. "Don't brandish it. It looks like you want to fight. I know how you feel inside, but I want to see you at the end of this. When all of this is over, I want to know that you're alive."

Like so many on the reserve, she hopes it's not too late for a peaceful solution.

"I don't want to see anything bad come to the people ... not for Caledonia residents and not for Six Nations. Not at all."

whemsworth at thespec.com

905-526-3254

THE PLAYERS:

Six Nations: A confederacy of Iroquois tribes including originally the Mohawk, Oneida, Onondaga, Cayuga and Seneca (the Five Nations). After 1722, they were joined by the Tuscarora to form the Six Nations Confederacy. The tribes were based in Ontario, Quebec, Pennsylvania and upstate New York.

TRADITIONAL LEADERSHIP:

The Haudenosaunee means "People building a longhouse," referring to native nationalities coming to live together in peace under one common law.

These leaders, chosen by the clan mothers, are the traditional chiefs who many on the reserve regard as the only legitimate authority for the Six Nations.

ELECTED BAND COUNCIL:

In 1924, under the Indian Act, the Canadian government established an elected government on the reserve after evicting the traditional chiefs from the band offices. The federal government listens only to the elected band council, today led by Dave General, which many on the reserve still refuse to recognize. The elected council is opposed to the protest, but has included the Plank Road Tract as one of 29 land claims registered with Ottawa.

The land in dispute near Caledonia was registered as a land claim in 1987. But that land claim did not affect third-party interests.

A lawsuit launched in 1995 dragged on until the two parties agreed to sit down and explore a resolution, beginning with two of the claims, not including the Caledonia subdivision land. As of last month, they had agreed on the basic facts of each claim.

The protesters: The group says the land is part of Six Nations territory and was never to be sold to non-natives. They say the dispute has to be settled on a nation-to-nation basis with Ottawa or through some international court.

The developers: Don and John Henning, of Henco Industries, have invested about $6 million in the project and say they have a clear title to the land.

The clan mothers: The clan mothers are part of the Six Nations Confederacy governance system. Based on a matrilineal tradition, there is one clan mother in each clan, who chooses her successor among her descendants and picks the Confederacy chiefs.

Land at stake: A tract of open land west of Argyle Street and south of the town of Caledonia that is being developed as Douglas Creek Estates. There are 71 housing lots in the first phase of the subdivision. There are 10 houses in various stages of construction, including six that have been sold.

HISTORY OF THE CLAIM:

Protesters say that land, known as the Plank Road Tract, is part of the much larger Haldimand Deed, granted by the Crown to Six Nations in 1784 in recognition of their support of the British Crown during the American War of Independence. The deed included land stretching 10 kilometres on either side of the Grand River, from Lake Erie to Dundalk (midway between Owen Sound and Fergus), about 210 kilometres..

That initial 950,000 acres was later downgraded by Lieutenant-Governor John Simcoe in 1795 to 275,000 acres. The Haldimand Tract now ends near present-day Elora in Nicol Township.

Six Nations Reserve: Located west of Highway 6 between the Grand River to the north and Indian Line or Regional Road 20 that runs through Hagersville. Six Nations is the most populous reserve in Canada, with a population of about 22,000. Roughly half live on the 18,818-hectare reserve. That's less than 5 per cent of the land originally granted to the Six Nations.

SIX NATIONS LAND CHRONOLOGY

Oct. 25, 1784: The Six Nations was rewarded with a tract of land for its loyalty to the British Crown during The American Revolution. It's referred to as the Haldimand Proclamation after Frederick Haldimand, general and commander of the British forces.

It gave to the Six Nations six miles (almost 10 kilometres) on either side of the Grand River from Lake Erie to its source, about 385,000 hectares.

1792: Lieutenant-Governor John Graves Simcoe reduces the Six Nations grant to 111,000 hectares.

1796: Six Nations grants its chief, Joseph Brant, the power of attorney to sell off some of the land and invest proceeds. The Crown opposes the sales but eventually concedes to grant Brant the patents required.

1830-1840: Members of Six Nations dispose of land to white settlers without approval of chiefs or the Crown. Squatters become a problem.

1835: The Crown approaches Six Nations about development of Plank Road (now Highway 6) and lands around it. Six Nations agrees to lease half a mile of land on each side for road, but does not surrender land. Lieutenant-Governor John Colborne agrees to lease but his successor, Sir Francis Bond Head, does not. After 1845, despite protests of Six Nations, Plank Road and surrounding lands were sold to third parties.

1840: Government recommends a reserve of 8,000 hectares be established on the south side of the Grand River and the rest sold or leased.

Jan. 18, 1841: Six Nations council agrees to surrender for sale all lands outside those set aside for a reserve. A faction of Six Nations petitioned against the surrender, saying the chiefs had been deceived and intimidated.

June 1843: A petition to the Crown said Six Nations needed a 22,000 hectare reserve and wanted to keep and lease a tier of lots on each side of Plank Road and several other tracts of land in the Haldimand area.

Dec. 18, 1844: A document signed by 47 Six Nations chiefs appears to authorize sale of land to build Plank Road.

May 15, 1848: Crown deed issued to George Marlot Ryckman for Lot B, west of Plank Road in Oneida Township, about 23 hectares. That land is now Douglas Creek Estates.

1850: Crown passes proclamation setting out extent of reserve lands, about 19,000 hectares agreed to by Six Nations chiefs.

1924: Under the Indian Act, the Canadian government establishes an elected government on the reserve.

The Hamilton Spectator

Native standoff continues in Caledonia
Last Updated Fri, 21 Apr 2006 06:37:36 EDT 

CBC News
A standoff between native protesters and provincial police continues on Friday morning at a construction site in Southwestern Ontario, a day after a police raid failed to end the protest. 

  a.. INDEPTH: Aboriginal Canadians

      Protesters say the land was granted to Six Nations more than 200 years ago and was never officially transferred to non-natives. (Frank Gunn/ Canadian Press)  
Talks to defuse the dispute in Caledonia, about 90 kilometres southwest of Toronto, are expected Friday morning. 

In the pre-dawn hours on Thursday, Ontario Provincial Police moved in to remove native protesters from the disputed tract of land they had been occupying since late February. 

  a.. FROM APRIL 20, 2006: Tensions grow as native protesters return to Ontario site 

They arrested 16, but by the end of the day, more than 200 other protesters moved in, setting up barricades of burning tires and overturning vehicles. 

Demonstrators first occupied the site on Feb. 28 to stop construction by Henco Industries on land they say was stolen from the Six Nations more than 200 years ago. 

The province says aboriginals gave up the land in 1841 to make way for a new highway, an agreement a Six Nations spokesperson said was only meant to be a lease. 

Six Nations filed a land claims suit over the area in 1999. 

Linda Powless, editor of a weekly aboriginal newspaper on the Six Nations reserve, said the dispute is a microcosm of a national problem. 

"There isn't a First Nation in Canada that hasn't been ignored by the federal government in resolving its land claims," she said. "The process has kept people waiting for years. Six Nations has been waiting over 200 years for a settlement here." 

There are plans to build 250 homes on the 40-hectare site. 

The province was granted a court injunction in March to remove the protesters, but staged their raid on Thursday because they said "escalation activity" had given them reason to be concerned. Police said New York licence plates had been seen around the site. 

Ontario Premier Dalton McGuinty was quick to say that his government had in no way influenced the police decision to remove the demonstrators. He said he would take as much time as needed to settle the dispute peacefully. 

Thursday's events raised the spectre of the 1995 standoff in Ipperwash, Ont., which ended with a police raid and protester Dudley George shot dead. 

George's death is the subject of an ongoing inquiry, which has heard testimony from former Ontario premier Mike Harris. 

Prime Minister Stephen Harper said on Thursday he was watching developments in Caledonia closely. 

Assembly of First Nations National Chief Phil Fontaine is also concerned the Caledonia protest could turn more ugly, and said blocking roads and occupying land is not the answer. 

"We still believe that the most effective way achieving change is through negotiations," he said. 

But Bradford Morse, who teaches aboriginal law at the University of Ottawa, said the media spotlight on a protest can help. 

"The media has a huge influence in so many ways. Filing lawsuits is not always an effective way to proceed," he said. 

Morse said some protests have led to the recognition of land rights, but the cost has been incarceration, injury and sometimes death. 

Protesters stand on a blockade during a confrontation with OPP officers on Thursday.

      Six Nations Native protesters stand guard at a barricade on Highway 6 in Caledonia, Ontario on Thurssday, April 20, 2006. (CP / Frank Gunn)

Talks set to resume in bid to end native standoff
Updated Fri. Apr. 21 2006 7:23 AM ET

CTV.ca News Staff

Federal, provincial and native officials are set to meet today to restart negotiations over the native occupation of disputed land in southwestern Ontario.

Emotions remain high at the construction site in Caledonia, Ont., after a police raid Thursday resulted in the arrests of 16 protesters.

After the arrests, hundreds of members of the nearby Six Nations reserve scrambled to the scene to take up their defence of land they say was stolen from them more than two centuries ago. 

As night approached, a busload of supporters from other reserves in the province arrived and more arrived through the night at a tent city resembling a makeshift refugee camp. 

Truckloads of gravel and barricades blocked the main road into the disputed land, a 40-hectare tract where some 250 homes are slated for construction. 

Protesters also burned a small foot bridge, saying they were trying to stop police from using it. 

Bonfires burned and drum beats could be heard from the site overnight and protester Clyde Powless said the situation remains tense.

Since Feb. 28, dozens of Six Nations protesters have occupied the Douglas Creek Estates housing project in Caledonia, a quiet suburban community near Hamilton, Ont., which they say sits on native land.

The protesters argue that the site was part of a large land grant back in 1784, but the provincial and federal governments insist the land was surrendered in 1841 to help build a major highway.

An Ontario Superior Court judge ordered the protesters to leave last month, but they ignored the order. 

Police then staged a pre-dawn raid Thursday morning, two days after talks to end the dispute broke down.

Ontario Provincial Police Deputy Commissioner Maurice Pilon described the clashes as "very difficult for all involved," but insisted his officers "showed tremendous restraint," adding that two officers sustained injuries during the confrontation.

"Our focus is to try and find a peaceful resolution...violence is not the answer," he told a news briefing in Cayuga, Ont., Thursday.

Earlier, protester Hazel Hill told CTV that she had struggled with up to five police officers.

"People were pepper sprayed...another man was shot in the back with a Taser and we were told more police officers would be coming back," Hill said.

The dispute is eerily reminiscent of the 1995 clash at Ipperwash Provincial Park, where a police sniper took the life of protester Dudley George, touching off a controversy that continues to this day. 

Well aware of the political impact Ipperwash had on the Conservative government of Mike Harris, Liberal Premier Dalton McGuinty denied Thursday that he knew police were poised to storm the makeshift encampment. 

"This police action comes completely independent of me, my office and my government," McGuinty said. 

Prime Minister Stephen Harper said on Thursday he was watching the situation closely. 

Meanwhile, Assembly of First Nations National Chief Phil Fontaine said blocking roads and occupying land was not the answer. 

"We still believe that the most effective way achieving change is through negotiations," he told reporters. 

     Friday » April 21 » 2006 

      Critics want to know if province ordered crackdown

            Steve Erwin 
            Canadian Press 

      Thursday, April 20, 2006

      TORONTO - A confrontation Thursday between police and native protesters on a disputed tract of southwestern Ontario land has political critics wondering whether the lessons of a similar 1995 standoff at Ipperwash Provincial Park have been learned.

      A pre-dawn police raid of the native occupation in the quiet community of Caledonia, 25 kilometres south of Hamilton, came one day after Premier Dalton McGuinty pledged that the dispute would be settled in a "peaceful manner.'' 

      Instead, police arrived at the site at 5 a.m. Thursday to enforce a court injunction and end the 52-day occupation, but were quickly overwhelmed by additional protesters who descended on the scene when they learned of the crackdown. 

      McGuinty said the police action was "completely independent'' and that his government didn't learn of the raid until it was already in progress. 

      The conflict has conjured memories of the deadly standoff 11 years ago at Ipperwash, where protester Dudley George was killed by a police sniper as officers dressed in tactical gear began their march on the park. 

      The repercussions of that incident are still being felt today. An ongoing inquiry is exploring the question of whether former premier Mike Harris or any other member of his Conservative government played a role in the show of police force in 1995. 

      "In the intervening 11 years... police know now that every single thing that they do directed towards natives is going to be under the microscope and that they have to err on the side of caution, always,'' said Chris Mathers, a Toronto-based security consultant and former police officer. 

      "They got a bloody nose from this Ipperwash inquiry and I think they've learned the political realities,'' Mathers said, adding that police inevitably end up on the losing end of government inquiries that spend "months and months to ruminate on decisions that were made in the space of several minutes.'' 

      Conservative and New Democrat critics differed in their impressions of how the Ipperwash legacy was colouring the current conflict. The Tories fear police are hamstrung by Liberal government inaction, while the NDP believes the Liberals are heading down the dangerous, violent path seen at Ipperwash. 

      "We don't need a repetition of what's happened in the past... clearly that is not where anybody wants to go,'' said New Democrat critic Gilles Bisson, whose northern Ontario riding includes a significant aboriginal contingent. 

      Bisson said the police raid suggests force won out over negotiation. 

      "It is quite frustrating,'' he said. ``We haven't learned the lessons of the past, it would appear.'' 

      George's death came just three days after the Ipperwash occupation began, and tensions were running high almost from the outset. 

      The Caledonia occupation has been going on for nearly two months, and Thursday marked the first show of force by police even though an injunction ordering the protesters off the property was issued weeks ago. 

      Bisson said it appears something "went awry'' overnight after McGuinty insisted there was a "determination'' to resolve the dispute peacefully. 

      "I have a hard time believing (police) just did it on their own,'' Bisson said when asked whether he thought the government had a hand in the decision to go in. 

      But Conservative Leader John Tory accused the Liberals of being far too slow to act on the Caledonia conflict and called on the premier to show "leadership'' to resolve it. 

      McGuinty said the Ontario government is only a "secondary player'' in the matter and that Ottawa, not the province, is being asked by natives to spearhead discussions. 

      Conservative member Toby Barrett said he fears provincial police have been left unable to act as a result of Liberal inaction. 

      "It's unfortunate that our OPP have been put in this very tense position for almost two months now,'' Barrett said, accusing the Liberals of stalling on the issue for months. 

      On Wednesday, Barrett accused the Liberals of being "held hostage'' and showing "weakness and vulnerability'' to the protesters. 

      © Canadian Press 2006

      Copyright © 2006 CanWest Interactive, a division of CanWest MediaWorks Publications, Inc.. All rights reserved.
           Friday » April 21 » 2006 

            Aboriginal standoffs in Canada

                  The Canadian Press 

            Thursday, April 20, 2006

            Prominent standoffs involving aboriginals in Canada since 1990: 

            April 20, 2006: Police attempt to end 52-day native occupation of a southwestern Ontario construction site; Six Nations members are defiant and set massive fire leading to the site in Caledonia, Ont., to thwart police. 

            Oct. 25, 2005: A seven-hour native standoff prevents planned construction of $27 million casino project on Stoney First Nation land west of Calgary. 

            Oct. 7, 2005: Three-hour standoff between RCMP and Adams Lake Indian Band near Kamloops, B.C., ends with band chief charged and illegal video gaming machines seized. 

            January 2004: About 50 aboriginal police officers are held hostage and Grand Chief James Gabriel's house is burned down in a native standoff in Saint-Jerome, Que., over chief's attempts to crack down on the community's drug trade. Seven Mohawks later found guilty in riots related to standoff. 

            Sept. 6, 1995: Three aboriginal protesters shot by police in a gunfight at Ipperwash provincial park in southwestern Ontario. Dudley George dies. The natives had taken over the park two days earlier, saying it was a sacred burial ground. 

            Aug. 27, 1995: Two RCMP officers wearing bullet-proof vests hit by gunfire from native rebels holed up on private ranchland at Gustafsen Lake, B.C. 

            July 1995: Breakaway group known as Stony Pointers take over Camp Ipperwash in southern Ontario. Military personnel withdraw from base, slated to be returned to natives. 

            June 1995: Micmacs from Nova Scotia set gill nets in New Brunswick's Miramichi River and blockade road to native-run fishing camp. Stones thrown at police and one officer thrown in river. Protest ends quietly a month later. 

            May 1995: Upper Nicola Indian band members blockade road to huge B.C. ranch on Douglas Lake after several members charged with illegally gill-netting. Blockade ends just before scheduled RCMP raid. 

            April 1995: Members of Adams Lake band in B.C. stop equipment from reaching planned park near Chase, B.C., on ancient burial site. 

            December 1994: Loose-knit group of two dozen begin month-long occupation of Revenue Canada office in Toronto to protest change in income tax law. 

            March 1990: Kanesatake Mohawks set up blockade near Oka, Que., to stop town from expanding golf course onto burial ground. Quebec police officer killed during police raid in July. Standoff ends after 78 days. 

            © The Canadian Press 2006

            Copyright © 2006 CanWest Interactive, a division of CanWest MediaWorks Publications, Inc.. All rights reserved.

           Friday » April 21 » 2006 

            Raid staged because public was at risk

                  The Canadian Press 

            Thursday, April 20, 2006

            CALEDONIA, Ont. -  Police moved in to end a 52-day native occupation of a southern Ontario housing development Thursday morning because they feared for public safety after tensions began to escalate. 

            "We have been focused on making sure there was a safe environment," Maurice Pilon, deputy commissioner of the Ontario provincial police, told a news conference in nearby Cayuga. 

            "We felt that the risk to public safety was heightening and thus we decided we should move today." 

            Six Nations protesters had been occupying the land since Feb. 28, saying it had been stolen from them more than two centuries before. 

            Police arrested 16 people during their pre-dawn raid and then retreated as more protesters arrived. 

            Pilon said officers used considerable restraint and the least amount of force required. 

            Native protesters were armed with axes and clubs, he said. 

            One officer was struck on the head with a bag of rocks and was being treated for what Pilon described as minor injuries. 

            Pilon said he hoped calm would prevail and that some common ground could be found between police and the protesters. 

            "We are hoping that if calm prevails there will be some recession of that perimeter...hopefully we can find some common ground here," he said. 

            Police said they were content to hold back until tempers cooled. 

            "We have a significant number of members in the force we can draw upon but we have no immediate plans to return to the site," Pilon said. 

            Police action against aboriginals is an especially sensitive issue in Ontario where a standoff in 1995 in Ipperwash Provincial Park resulted in the death of protester Dudley George. 

            The thick black smoke of flaming tires surrounded the area, a quiet suburban community of about 10,000 about 25 kilometres south of Hamilton. 

            Supporters from across Canada were said to be descending on the construction site to show solidarity to the Six Nations members. 

            "There's people on their way from all over Canada and the United States," said protester and native supporter Dave Heatley, who used the Internet to contact native groups and reserves elsewhere in Canada in an effort to attract support. 

            "There's a few hundred people here now; I think as things progress, you'll see it swell to a lot more than what's here now. The longer they're here, the more people they're going to draw." 

            Angry protesters used a large dump truck and a massive pile of blazing tires to block a road leading to the half-finished housing project, brazenly mocking police after a pre-dawn raid that was supposed to end the occupation. 

            One protester stood atop of the truck and yelled, "What big men they are" as he waved a red Mohawk flag. Many protesters wore bandannas over their faces. 

            The show of defiance took place after dozens of protesters were removed from the Douglas Creek Estates housing project. 

            A judge granted an injunction in March to remove the occupiers, and police had been negotiating to have the natives leave the land peacefully throughout the dispute. Tensions mounted earlier this week when talks broke down. 

            A spokeswoman for the protesters, Janie Jamieson, said the confrontation was far from over and occupiers were bracing for another visit by police. 

            "We're prepared . . . for however long it takes," said Jamieson. 

            "It's time Canada better stand up and take notice," said another protester. "Everybody that is available is here." 

            "They swarmed every which way, I couldn't even hazard a guess how many cops," said Clyde Powless, a protester who was on the scene when police moved in. Occupiers have been unarmed since the situation began, he added. 

            "We didn't have no weapons," he said. "We're still hoping the politicians can do something, I'm not sure if they can, we hope they can." 

            Neither the office of Premier Dalton McGuinty nor a spokesman for Native Affairs Minister David Ramsay would comment Thursday, calling the situation a police matter. On Wednesday, McGuinty said the province was committed to a peaceful resolution. 

            Community Safety Minister Monte Kwinter called the situation an operational issue that's now in the hands of Ontario provincial police. 

            "We've obviously been concerned, and there have been negotiations ongoing for many, many days and weeks," Kwinter said. 

            "You're going to have to address your concerns to the OPP, they have made an operational decision that this was a time when they had to do something." 

            Protesters said police were armed with Tasers, tear gas and pepper spray when they made their move on the occupation. 

            Protester Mike Desroches told Hamilton's CHCH television the confrontation by police happened "incredibly quickly with overwhelming force." 

            "The police just completely swarmed the territory," he said, adding that the officers entered the site with guns drawn. 

            "The police come in - without any warning, they come and raid our village - that's their tactic, they always come in when nobody's aware," Norma General, whose son Chad was among the arrested protesters, tearfully told CHCH. 

            The protest was reminiscent of the aboriginal occupation of Ipperwash Provincial Park, which resulted in the death of protester Dudley George from a police sniper's bullet. 

            The park was seized by First Nations protesters on Sept. 4, 1995, under the belief it was native territory that had never been properly surrendered. 

            Provincial police marched on the park two days later, and George was slain in the ensuing showdown. 

            George's death prompted accusations of police and government racism and an inquiry that is still ongoing. 

            Video from the scene Thursday showed a large crowd of police officers moving on foot toward some of the newly arrived protesters. But about 65 protesters blocked the path of police and began walking toward the officers. Police then slowly retreated onto a dirt road. 

            Hundreds of residents lined the street leading to the occupation site to watch the drama unfold. Some took photos on their digital cameras. None would give their names, saying they owned businesses in the nearby town of Caledonia and feared for their livelihoods. 

            At least one Catholic school in the Caledonia area closed for the day at the request of police. 

            The protesters say the site was part of a large land grant back in 1784, but the provincial and federal governments say the land was surrendered in 1841 to help build a major highway. 

            The protest has irked local residents, 500 of whom turned out earlier this month for a rally to demand that authorities end the occupation. 

            A spokeswoman for federal Indian Affairs Minister Jim Prentice has said the occupation is a provincial matter. The Ontario government said earlier this month that it wanted a negotiated end to the standoff. 

            © The Canadian Press 2006

            Copyright © 2006 CanWest Interactive, a division of CanWest MediaWorks Publications, Inc.. All rights reserved.

                  The Six Nations Elected Band Council Recognizes The Lead Of The Haudenosaunee Confederacy Council With Respect To Douglas Creek  

            April 16, 2006  

                  Minister Jim Prentice
                  Indian and Northern Affairs Canada
                  10 Wellington Street
                  Gatineau, PQ K1A 0H4    Minister David Ramsay
                  Ministry Responsible for Aboriginal Affairs
                  99 Wellesley Street West
                  TORONTO ON M7A 1W3  

            Dear Ministers:

            Re: Douglas Creek Estates, Caledonia., Six Nations

            In an emergency session on Sunday, April 16, 2006, the Six Nations of the Grand River Elected Council met with the Haudenosaunee Six Nations Confederacy Council. 

            The Elected Six Nations Council is presenting the following letter. This letter provides support to the correspondence of the Haudenosaunee Six Nations Confederacy Council dated March 27, 2006, seeking the lead on resolving activities taking place by community members on Douglas Creek Estates located in Caledonia. 

            By this letter, the Elected Six Nations Council requests that Indian and Northern Affairs Canada recognize the lead of the Haudenosaunee Confederacy Council in this matter. The Elected Six Nations Council shall remain in an active supporting role. 

            Further, in the Six Nations Confederacy's correspondence of March 27, 2006, the Confederacy requested a response to the issues raised in their letter. The Elected Six Nations Council is supporting their request. 

            During a joint meeting on Thursday, April 13, 2006, held with the parties a document entitled "Draft Terms for a New Understanding Among Six Nations Canada and Ontario" was tabled by federal and provincial government representatives. The Elected Six Nations Council expects that this document be honoured and form the basis of ongoing talks surrounding the resolution of the activities at Douglas Creek Estates. Further, the Elected Six Nations Council will continue to participate in the resolution process. 

            Your immediate attention to this matter is of utmost importance. Your prompt attention to our correspondence will provide a means of resolving this issue and thereby ensure the safety of our community members. 

            Signed Sunday, April 16, 2006, in Brantford, Ontario.

                      View April 17, 2006 Letter from Federal Minister of Indian Affairs Jim Prentice  

                      View April 17th Letter From Provincial Minister Responsible for Aboriginal Affairs David Ramsay  

                      View Joint Offer for a New Understanding Among Six Nations Canada and Ontario  

      BURNING RAGE

                  Ron Albertson, the Hamilton Spectator 
                  A protester stands on top of a truck at a Caledonia building site where natives have joined forces to keep housing construction at a halt.

                  Top: Frank Gunn, the Canadian Press; Photo Below: Lisa King, the 
                  A railway bridge burns in Caledonia yesterday.

                  Two youths throw tires onto a fire used to block Argyle Street in Caledonia.

                  Kaz Novak, the Hamilton Spectator 
                  Protesters waving flags, including a native flag, and several for Local 1005 USWA, block Argyle Street in Caledonia yesterday.

                  Neil Dring, the Grand River Sachem 
                  Demonstrators push a van off the 6th Line overpass.

                  Jim Windle, Tekawennake News 
                  OPP officers arrest protesters at dawn at the housing development.

                  Ron Albertson, the Hamilton Spectator 
                  Tense moments come and go at the construction site taken over by native protesters who say the land is theirs. Here, trouble was avoided after a man made some derogatory remarks to natives.

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