[IPSM] Quarry Use on Disputed Culbertson Tract: Mohawk Community Demands End to Stealing of Land

[stef at tao.ca]

Quarry Use on Disputed Culbertson Tract:
Mohawk Community Demands End to Stealing of Land

Text from Information Leaflet distributed in Tyendinaga, Mohawk Territory

March 2007

The Culbertson is a tract of land, 923 acres in size that runs along the
eastern boundary of Tyendinaga. It was stolen by the Feds in 1837.
Tyendinaga's Chiefs immediately registered their people's dissent but no
formal legal process existed to pursue its return. After the Government
finally got around to creating such a process in 1991, Tyendinaga filed a
formal land claim.

In November 2003, the Feds acknowledged that the Culbertson Tract was
never surrendered and is Mohawk Land. They then tried for several years to
get Tyendinaga to take a buy-out for the land. The people of Tyendinaga
repeatedly refused.

The town of Deseronto falls in the middle of the Culbertson claim. The
Mayor of Deseronto said that the town's economic viability and survival
depends on the development of Culbertson tract lands and began promoting
the land for condos and townhouses late last year. Tyendinaga's
Rotiskenhrakehte successfully stopped development of these lands and the
developer publicly abandoned plans for a 30 million dollar project.

However, Thurlow Aggregates continues to operate a Gravel Quarry on
Culbertson Tract lands. Despite the fact that Tyendinaga has requested its
licence be revoked given ongoing negotiations, the Ontario Ministry of
Natural Resources continues to license the quarry for the removal of
150,000 tons of gravel annually. Federal negotiations are clearly in bad
faith as they choose to ignore the 850 plus truckloads of Tyendinaga land
that are removed every month. In January 2007, Tyendinaga's
Rotiskenhrakehte gave the quarry operator 60 days notice to stop selling
off Mohawk land. The time for voluntary closure has lapsed and Tyendinaga
has now assumed the burden of closing the gravel pit.

Text from Information Leaflet distributed in Tyendinaga, Mohawk Territory
March 2007

Images of the Culbertson Tract and the struggle for the land can be viewed
at: http://ocap.ca/firstnations/tyendinaga/culberston

BACKGROUNDER

Tyendinaga Update: The Fight for Return of Culbertson Tract Lands

January 2007

The Culbertson Land Tract

The Culbertson is a tract of land, 923 acres in size that runs along the
eastern boundary of Tyendinaga today. In 1837 the Federal Government
changed the status of the land from Indian land to white land.

All agreements with the Mohawk Nation predate the existence of Canada.
While the Mohawk Chiefs immediately registered their people’s dissent in
1837 when the land was stolen, no formal legal process existed to pursue
its return. Despite a fundamental obligation to uphold previous agreements
between the Mohawks and the crown, the Federal Government only created
such a process in 1991.

Tyendinaga filed a formal claim for the land with the Feds in 1995. The
claim seeks the restoration of lands to the Tyendinaga Mohawk Territory.

In November 2003, Tyendinaga received a letter from the Federal Government
acknowledging what the people of Tyendinaga have always known: That the
Culbertson Tract was never surrendered and is Mohawk Land.

Since then the Federal Government has been trying to get Tyendinaga to
take a buy-out for the land. Mohawk people know the value of land cannot
have a dollar sign attached and that the future generations of our growing
population will depend on this land. Tyendinaga will accept nothing less
than the full and unfettered return of these lands to Mohawk control and
use.

Deseronto

The Mayor of Deseronto has said that the town’s economic viability and
survival depends on the development of Culbertson tract lands.
Tyendinaga’s Rotiskenhrakehte have twice ensured that deadlines to begin
development of these lands have not been realized. “If they cannot find a
way to survive without our land then they simply cannot continue to
exist,” said Tyendinaga Mohawk, Shawn Brant.

The Rotiskenhrakehte have also been mandated to close a Deseronto quarry,
situated on Culbertson Tract lands, that literally digs up, sells off and
ships out Mohawk land by the truckload. This obscene state of affairs can
no longer be tolerated.

Land Claim Arrests

The Government struck back last Friday in a failed attempt to slow the
momentum in the reclamation of 923 acres of Mohawk Nation Lands in
Tyendinaga.

Friday’s attempt to target and remove Tyendinaga leadership with a clear
embellishment of events surrounding the charges of Shawn Brant and Mario
Baptiste has done nothing more than inflame the situation and anger the
community.

Shawn and Mario would likely still be in jail if Tyendinaga community
members had not responded immediately with imminent plans to shut down
Deseronto completely.

The motive for the charges was made clear when the Crown pushed
(unsuccessfully) for conditions barring the accused from Deseronto and the
Culbertson Land Claim Tract entirely.

“We have been denied our land for 170 years. That’s not going to fly
anymore. There is no level of Government or police force that will keep a
Mohawk off their own land,” said Tyendinaga, Mohawk Nation citizen, Jay
Maracle.

Images of the Culbertson Tract and the struggle for the land can be viewed
at: http://ocap.ca/firstnations/tyendinaga/culberston