[IPSM] [Fwd: [six_nations_info] Ohsweken residents speak out]

[fiona at resist.ca]

---------------------------- Original Message ----------------------------
Subject: [six_nations_info] Ohsweken residents speak out
From:    "Kyle Porter" <kyle_porter at yahoo.com>
Date:    Thu, December 28, 2006 5:22 pm
To:      six_nations_info at masses.tao.ca
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Ohsweken residents speak out
    By Karen Best
     Dec 27, 2006
        Dunnville Chronicle

    Land claim complexities, potential for violence, Six Nations pride in
heritage and commitment to negotiation were central themes at a recent
public meeting held in Ohsweken.

 On Dec. 13, the Six Nations Confederacy hosted a meeting to give its
community an opportunity to learn more about land dispute negotiations
and to ask questions.Federal government special representative Barb
McDougall and her provincial counter part, Jane Stewart plus federal
negotiator Ron Doering made presentations before an animated question and
answer period began.

       McDougall told the crowd of 140 about the significance of talks
between the Confederacy and the Canadian government.

 "This is a very profound and historic event," she said. "It takes a long
time to build trust and confidence. We are a long way toward doing that."

 Because this relationship is "really badly bruised", some disagreements
between the parties are very significant and will take a lot of work to
overcome, McDougall said, adding the government cannot make up for the
past. The parties have different ideas on what transpired, she said.

 "We want whatever we conclude in our discussions to stand the test of
time," she said noting it will be for the betterment of both communities.

       However, decisions will always be challenged and possibly tweaked
in the future, said McDougall.

       Community relations are also crucial, she said.

       "It's about building relationships because nobody is going away,"
she said.

       "The communities in this neighbourhood will continue to exist and
the governments will continue to exist."

 McDougall said her role was to represent Indian and Northern Affairs
Canada minister Jim Prentice and to relay Six Nations views so they can
be taken into consideration in negotiations and decisions. He is looking
for creative ways to address issues, she said.

       Alluding to a possible stall in progress, McDougall said all
parties must reach an agreement to move forward.

       "It's so important that we do it right. Not everyone will get what
they want or what they feel is their due," she said.

 In his presentation, Doering, who is a lawyer and negotiator, said
Caledonia residents were unfriendly when he told the crowd of 200 things
they did not want to hear at an October meeting.

 The Crown made promises in the past that it did not keep and some
government representatives mismanaged funds, said Doering. The Crown was
unable to prevent squatting on Six Nations land after 1812 and into the
1840s and 1850s, he said. The federal government recognizes that there
are a number of outstanding land grievances, he said.

 Negotiation on 28 claims filed with the federal government came to a stop
when Six Nations sued Ontario and Canada for an accounting of funds
related to land issues, said Doering. Canada's position is that the Crown
did not have any outstanding legal responsibility on the Plank Road
claim, which includes Douglas Creek Estates, he said. Prentice gave them
leeway to improvise to reach a required innovative recommendation, said
Doering.

       "Old policies don't apply. You're different. You are Her Majesty's
Indian allies and are not subjects," he said.

       Doering said Prentice also wanted advice on how to deal with the
governance problem.

       "The government wanted to know who to settle with, not to intrude
or impose governance," he said.

 Doering referred to delays in talks as a result of the April 20 OPP
arrests and tension over the barricades over the following months. In the
same time period, "some judge somewhere decided he was going to intrude
on our job," he said. This led to a non-native backlash, he said.

 "(Gary) McHale and company and some others who I don't think want us to
succeed were a great frustration all round," said Doering. Richmond Hill
resident Gary McHale, who operates the Caledonia Wake Up Call website,
organized a rally on Oct. 15. Doering said all were equally frustrated by
the lack of progress on these difficult days. Throughout, Doering said he
was impressed with the outstanding leadership of Mohawk Chief Allen
MacNaughton and Cayuga sub-chief Leroy Hill.

 Recently, MacNaughton and Hill made a powerful presentation on the 16th
century Two Row Wampum treaty which showed First Nations and the Crown as
distinct sovereignties living side by side without interfering in each
others' affairs.

 At a recent meeting, Hill presented a document written in the Cayuga
language and asked Ontario and Canadian representatives to sign it in
agreement. None did.

 He scored a point by creating a similar situation facing Confederacy
chiefs 160 years ago when the Crown was seeking their signatures for land
for the Plank Road, said Doering.

 Recently an 80-page document on that claim was tabled by the Confederacy
chiefs and is under review by the federal Department of Justice lawyers,
said Doering. He said he did not want to mislead Six Nations into
thinking that the document will change Canada's position. The
department's review will be back on the negotiating table in 2007, he
said.

 If the Department of Justice decides Canada has no obligation, then the
Crown's position is there is none and that DCE was surrendered, he said.
If Canada has a lawful obligation on the Plank Road, then it should be
dealt with without delay, he said.

       He said he did not know what will happen if the parties come to an
impasse on DCE.

       Regardless, talking and listening must continue to reach a
compromise, said Doering.

 Canada takes the lead role on land grievances and Ontario is responsible
for keeping the peace and ensuring public safety and security, said
Stewart.

       "We've done our best to keep peace so we can negotiate," she said.

 Premier Dalton McGuinty and Ontario Aboriginal Affairs minister David
Ramsay share a strong belief in "fair and open negotiation", said
Stewart.

       "Ontario purchased DCE to essentially set the stage for negotiation."

 The premier "is making every effort to maintain the peace so negotiation
can continue", said Stewart. The return of a 400-acre correctional
institution property near Brantford and a $250,000 Ohsweken arena floor
indicate Ontario's commitment to stay at the table until a resolution is
reached, said Stewart.

       At the same time, she and other provincial representatives are
speaking to Caledonia residents.

 "We don't apologize for that. We have a role to share with Caledonia and
to get their views on progress. It's all about maintaining peace and
public security," she said of going door to door on streets near DCE and
the community liaison table.

 The Ontario government has set up advisory tables with municipalities and
with the Grand River Conservation Authority to discuss the duty to
consult with Six Nations on any developments in the Haldimand Tract, said
Stewart.

 She understood the Six Nations approach of working toward consensus which
takes a lot of time. It's so important to get it right because the
resolution will be easier to implement, said Stewart.

 In his opening comments, MacNaughton, who thanked provincial and federal
representatives for their hard work, said the land reclamation did not
happen overnight and commended the people staying on DCE.

 "You're making the ultimate sacrifice and I acknowledge that on our
behalf," he said. "We will continue and overcome disagreements. We have
to do that for our kids."

 "This is an important issue to our people and to our future," said Hill.
A lot of ground must be covered on land and rights because they are
seeking resolution in compliance with Six Nations treaty rights, he said.

 In the question and answer portion of the meeting, John Garlow, who is
staying on DCE, said talk is good but people need action.

       "I came to warn you the trouble is going to come," he said, adding
barricades could go back up.

       To come to an understanding, he asked the government
representatives to bring their superiors to Six Nations.

       Ruby Montour said she has been at the camp since the beginning.

 "If you want me off that site, you'll have to drag me off. I'm home," she
passionately said. "When I walk in Caledonia, I'm home."

 Montour said she is tired of being treated as a second-class citizen in
the town where adults are scaring children with the mob scenes and where
someone once asked when they could shoot Six Nations residents.

 If they want, they can send in the RCMP or the army, then Six Nations
will show what it can do in unity, she said. With negotiations proceeding
in good faith, "it shouldn't take too long to conclude that all of North
America is Indian territory. Caledonia is just a speck of it," said
Montour. "Canada can do the right thing or it will be costly. We are not
going to back down."

 Clyde King cautioned negotiators. "If you lead us to a stalemate, action
will be taken. Take it to your leaders, We are not messing around," he
said.

 High school student Melissa Elliot said ignorance about Six Nations is
contributing to racism and hate in schools. Even native counsellors at
school are shutting down her efforts to inform students, she said.

 Buddy Martin said the illegal settlements, the cities, are expanding
their boundaries and a law was needed to prevent expansions. He also said
property taxes off their lands should be provided to Six Nations to build
infrastructure for their children. He also called for direct development
input in 1701 Nanfan territories, which encompass much of southern
Ontario.

 Steve Powless said he wondered why representatives are "diddling away"
their opportunity to have peace. He said hotheads at the site could lose
it because not everyone can keep control.

 "You are playing with fire," he said. "If it has to come down to a fight,
that's what we are going to do. I'm telling you there will be a body
count," said Powless. No one responded to his comments.

 "The land is not for sale. It belongs to these kids coming up," said
Chester Gibson. "So what if we have a green belt from Kitchener to
Dunnville ... there are people there who are willing to fight for that
land. We got it back. You'll have to kill people to get it back."

       He said Six Nations will not kick others off their property but
will want some money coming back to Six Nations.

 Wes Elliot, who is a member of the duty to consult table, said it was
time to re-establish a relationship based on the Covenant chain.
Established in 1692, this agreement is a metaphor of the English sailing
ship and the Iroquois canoe fastened by separate chains to the Tree of
Peace. The two parties are brothers, according to the Iroquois.

       Elliot said Six Nations has the right to know what is said to
municipalities in advisory groups on the duty to consult.

       "People on our land are squatters," he said.

 Ontario negotiator Chris Maher said there was a lot of development in the
Haldimand Tract, which is six miles on either side of the Grand River
from its source to mouth. The precedent-setting Supreme Court rulings on
the duty to consult with First Nations referred to the Crown and
developers are not responsible to the Crown, he said.

 Maher also told the audience that the province is not always involved in
bridges and streets because much of this infrastructure has been
downloaded to municipalities, he said.

 Even so, the Ontario government has recognzied that the current
notification protocol between Six Nations and municipalities along the
river is no longer good enough, said Maher. A process will be developed
to give Six Nations a better understanding about developments and a
better opportunity to comment, he said.

 In northern areas where logging and mining is underway, benefit to First
Nations is easier to identify. Here there should absolutely be benefit to
Six Nations, said Maher. The Ontario government would like to see the Six
Nations Haudenosaunee and elected council working together, he said.

       A woman suggested Canada, Ontario and the Haudenosaunee prepare
joint reconciliation statements specific to Six Nations.

       "We need to clarify misunderstandings so we can live co-operatively
rather than adversarially," she said.

 When it comes to negotiation, this implies a level playing field and
there are large gaps in equity, she said. Six Nations tourism is
suffering due to racism and interest from misappropriated land funds
could provide economic equality for Six Nations, she said.

 After Six Nations student Eliza Montour asked about the fate of
negotiations after the upcoming federal and provincial elections, Doering
said he could not see a government change derailing a good start on
claims resolution. Later, sub-chief Leroy Hill said he feared politicians
moving into election mode would forget Six Nations issues.

 A teenager asked if the Ontario and Canadian governments will honour
treaties negotiators make. These questions arise from a history of broken
promises and back turning, said McDougall.

 "I would hope we wouldn't sign something that we wouldn't honour," she
said. The minister wants to do things differently and hopefully both
sides will be smarter in this resolution, she said.

 At the end of the meeting, Stewart said she was taking away a sense that
negotiators are probably on the right track on land, consultation and the
relationship even though progress was slow.

       MacNaughton said the meeting showed a cross section of what the
community is thinking.

       Before Chief Arnie General recited the closing statement, he said
dialogue was very informative.

       "Keep in mind the Haldimand proclamation is a rule of law in our
territory of right," he said.

 Dianne Woods, who is working on community relations with the Ontario
aboriginal secretariat, attended the October Caledonia meeting and this
Six Nations meeting.

       The Haudenosaunee were more educated and respectful and articulate,
she said.

 "There was a lack of respect in the Caledonia meeting," she said. "I've
always been optimistic about the process - coming together as human
beings with respect and looking at commonalities. I'm optimistic because
I believe in people and they all have good hearts. At the end of the day,
people care about one another."
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