Grand River land dispute

The dispute has been the subject of many formal negotiations under the land claims process since the 1970s and several instances of direct action in the form of protests, blockades, and occupations.

[2] Protesters from the Six Nations of the Grand River demonstrated on a parcel of land in Caledonia, a community within the municipality of Haldimand County, roughly 20 kilometres (12 miles) southwest of Hamilton.

[2] Indigenous protesters and allies Canadian government and police In 1992, Henco Industries Ltd. purchased 40 hectares (99 acres) of land for what it would later call the Douglas Creek Estates.

[4] Starting in February 2006, community members from Six Nations occupied the site of the proposed development, which they named in Mohawk Kanonhstaton ([ganũhˈsdaːdũ], English: "the protected place").

[11] Direct action on the part of protesters over the years included blockade of roads and rail lines, damage to a power station resulting in an area blackout and more than $1 million in repairs, and low levels of violence from both sides, as well as isolated, more serious attacks.

[citation needed] As protests continued, on June 12, 2006, more than 400 area residents and businesses filed a class-action suit against the Government of Ontario for its "failure to protect them adequately".

[45] On April 12, 2007, Haldimand County Mayor Marie Trainer said she received an e-mail from OPP commissioner Julian Fantino implying that the town was encouraging "divisive rallies" at the occupation site.

[46] On February 22, 2010, Marie Trainer said that the province was leaning towards giving the Douglas Creek Estates to the Six Nations Band Council, but that she expected it to be some time before a formal decision would be reached.

[48] In November 2014, the Haudenosaunee Confederacy Chiefs Council completed construction of a fence and gate surrounding the Douglas Creek Estates site in order to prevent trespassing on the disputed land.

David Brown, who lived with his wife near the disputed area at the time, testified in court in November 2009 that he was required to carry a native-issued passport and needed approval from the protesters to enter his own house.

[21] In response to Brown's claims, Crown lawyer David Felicient stated that the situation "must be understood against the backdrop of the unique character of Aboriginal occupations and protests" and that the OPP were prevented from taking action due to "policy implications.

[25] On June 15, 2009, some Caledonia residents announced the formation of an unarmed "militia" to enforce laws they felt the Ontario Provincial Police had failed to uphold.

[50] Six Nations Councillor Claudine VanEvery-Albert, along with OPP spokesperson Constable Paula Wright both spoke out against the formation of a militia, and three days later, Ontario Community Safety Minister Rick Bartolucci called it a "dumb idea.

"[50][51] On July 8, 2011, Ontario Attorney General Chris Bentley announced a settlement of $20 million ending a class-action lawsuit which had been filed by 440 residents, 400 businesses and a handful of sub-contractors, which claimed negligence and malfeasance on the part of the provincial government and the OPP for failing to properly protect citizens who lived near Douglas Creek Estates.

[53] On September 13, 2007, builder Sam Gualtieri was attacked and seriously injured in a confrontation with native protesters at the 90-home[citation needed] Stirling South subdivision development in Caledonia.

Following a brief occupation two weeks prior, a small group of natives had occupied the property that morning, and the confrontation was going to end peacefully in the afternoon before Gualtieri arrived and clashed with the young protesters.

[citation needed] In response to the OPP moving in to arrest protesters at the level crossing located near Tyendinaga Mohawk Territory on the morning of February 24, 2020, and in solidarity with the Wetʼsuwetʼen opposing the construction of the Coastal GasLink Pipeline, members of the Mohawk Nation (Bear Clan) from Six Nations began a peaceful demonstration on the Ontario Highway 6 bypass near Caledonia, blocking traffic and commuter trains along the Lakeshore West GO line later in the day on February 24.

When asked about the events at 1492 Land Back Lane, Ontario Premier Doug Ford said during his COVID-19 briefing on August 6,[76] You know, you just can't go in and just take over people's future homes, it's wrong.

[84] Dockstader's release barred him from the site and from contacting employees of Foxgate under threat of further charges, conditions for which the OPP faced criticism for limiting media access to the campsite, and going against the decision made in the case of Justin Brake in 2019, where the Court of Appeal of Newfoundland and Labrador set a precedent to distinguish activists and reporters.

[8] On September 23, Haldimand County's police services board called on the OPP to step up enforcement of the injunction, claiming their current framework for responding to "Indigenous critical incidents" was not working, and characterizing the occupation as "acts of terrorism" in reference to the Canada Criminal Code.

[93] In the written ruling delivered a week after the hearing, Williams was also ordered to cover Haldimand County and Foxgate's legal fees, amounting to $50,349.67 and $117,814.18, respectively ($168,163.85 in total).

According to the protesters, this clash resulted from the OPP using a taser and firing rubber bullets using a "riot control gun" at people near the "safety zone" by Argyle Street and Sixth Line.

[98] In a statement, the Six Nations Elected Council called Justice Harper's decision to make the injunctions permanent "disturbing," claiming that it was indicative of the ongoing presence of systemic racism in Canada.

[97] According to a CBC report released November 25, "[t]here are now plans to extend [the occupation] on farm lands directly across [McKenzie] road, the site for a 700-unit housing development called Beattie Estates.

Spokesperson Skyler Williams said that this was done as a show of good faith, in an attempt to "[lead] de-escalation and [find] a peaceful resolution, which cannot occur if Canada continues to leave Nation-to-Nation relationships in the hands of the police.

[102][103] Documents obtained by APTN National News revealed that, by January 19, 2021, the OPP had spent CA$16,272,709 on policing operations in the first six months since the camp's establishment.

[104] On July 2, 2021, the vice-president of Losani Homes told the CBC that deposits to homeowners were being returned in full, and that the planned development of the McKenzie Meadows project would be officially cancelled.

He cited several reasons that the "sales agreements had been frustrated," including the development of more permanent buildings by the land defenders, the passage of a year, "the lack of any conformity with or enforcement of the court's orders, and the failure of either government [provincial or federal] to even respond to our requests for help or intervention."

He asserted that the federal government needed to step up their response to the issue of land rights, expressing a lack of confidence in the judicial system's ability to bring them justice.

In the spirit of presenting a united front, Hill stated, "We also need to keep in mind that we have a major land claims case coming before the courts in 2022, and it would not be responsible to allow continued development in an uncertain legal environment."

Thomas Ridout survey of 1821
Occupation of Douglas Creek Estates
Blockade of Highway 6 over the Grand River by Six Nations protestors
Blockade of Highway 6 and 7th Line by Six Nations protestors
Counter-protesters, onlookers, media gather at the OPP line after the October 15 "March for Freedom"
A Caledonian protester is arrested by OPP officers after attempting to breach the police line near the site of the disputed land on October 15
The entrance to the disputed land during the October 15 "Potluck for Peace" held by the people on the site and their supporters.