Statement from Mayor Ken Hewitt & Council regarding McKenzie Meadows occupation – October 18, 2020
As we approach the Oct 22nd court date, Skyler Williams has a very important decision to make. In his, and those occupying the site, have successfully been able to bring the issues forward and now have a court and Justice prepared to allow for his constitutional challenge. As a proclaimed leader of those that have occupied the Mackenzie Meadows site, I would ask – what is the true agenda? If it is in fact for the greater good of Six Nations, then he should seriously consider the offer from Justice Harper.
Six Nations have been waiting for the past 20 years to have their day in court with the federal government in hopes to be able to begin the process in resolving an outstanding claim with respect to monies owed for land acquisitions along the Grand River. Currently, this is not to be heard until 2022.
Justice Harper’s offer to accept Skyler’s request to fully participate in the proceedings if he complies with the injunction, is a great opportunity for the Six Nations community.
On October 5, Skyler filed an application to bring various allegations against the federal government, such as a failure to consult, breach of duty, and a failure to implement the recommendations of the Ipperwash Enquiry. These issues are much larger than the occupation of the current construction site. Skyler now has the door open to bring the Federal Government into legal proceedings. Hopefully he chooses to do so; there is a lot more to talk about than Landback Lane.
The Federal Government does need to take responsibility here, and the innocent home-buyers or developers should not be caught in the middle.
As has always been stated, the community benefit of Nation to Nation dialogue far outweighs the needs, desires or agendas of the few. Justice Harper is allowing the use of his court to enable that opportunity for Six Nations.
Standing in defiance not only extinguishes that opportunity for ALL the members of Six Nations, but would suggest otherwise an agenda that is beyond the settlement of ongoing longstanding issues between our two nations.
It has always been my desire and the Councils to see a positive and peaceful resolution and that time has arrived. The choice on how to proceed rests with those on the site and that choice can positively affect the outcome for those on Six Nations and Haldimand looking for results.
On Tuesday, October 13, Haldimand County Council formally adopted a new Forest Conservation By-Law (No. 2204/20) to replace regional forest conservation by-laws that have been in effect since prior to 1981. The new by-law is aligned with current forestry standards and demonstrates Haldimand’s ongoing commitment to protecting natural resources.
Over the past two decades there have been many changes in the realm of forest management and certain activities permitted under the former Regional Forest Conservation By-law (enacted in 2000) are no longer considered best practices in the forestry industry. In 2017, staff initiated the forest conservation by-law review process to bring Haldimand’s forestry regulations up to contemporary standards.
The Forest Conservation By-law review was conducted over a 3-year period and largely informed by consultations with Haldimand’s Agricultural Advisory Committee, conservation authorities/committees, forestry industry experts, neighbouring municipalities, private landowners and the broader community. The new by-law sets out tree cutting regulations that balance the ecological need for woodland conservation with landowners’ property management and/or agricultural needs.
The new Forest Conservation By-Law:
promotes Good Forestry Practices to assist landowners, staff and forestry professionals when planning for and conducting tree cutting activities;
introduces a simple, straightforward permitting system that offers landowners more flexibility to meet personal land management objectives while protecting woodland habitats;
deregulates isolated woodlands that are less than one (1) hectare in size and provides additional exemptions for tree cutting;
sets out a defined approval and appeal process for regulated woodland clear-cutting;
implements harsher penalties for tree-cutting activities that contravene the by-law.
Forestry staff will be working closely with the community and private woodland owners to implement the new by-law and provide ongoing education with respect to tree conservation in Haldimand.
Statement from Mayor and Council – October 9, 2020
CALEDONIA PROTEST
The OPP and levels of government are not criminalizing the protestors at McKenzie Meadows. The court issuing the injunction is not criminalizing them either. The only people responsible for being charged with crimes are themselves and those that support and perpetuate the illegal activity. Just because we do not agree with another’s assertion does not mean anyone can step outside of the law to assert their own. No one gets a free pass or is bestowed with the right to be above the law just because they believe that someone else is wrong.
It has been said many times that we can all agree on the past failures that our Nation was built on and I would hazard to guess that most of us today are not directly responsible for those past deeds. However, we are capable of changing the course and direction or path we have been on. Dialogue towards a positive outcome is always the intent of any government and I am sure that those on Six Nations would look to the same.
Positive dialogue cannot occur under the veil of threats and hostility that exists on McKenzie Meadows. You cannot call it peaceful when the actions of these few are calculated against any opposing action of others. A peaceful protest or exercising rights cannot be at the expense or rights of others.
There is currently a warrant for the arrest of Skyler Williams. In society today our police forces work together to help each other as the brothers they so often call themselves. I find it appalling that the OPP cannot extend the warrant within the boundary of Six Nations. Skyler each night can enjoy a peaceful sleep without interruption while many here in Caledonia continue to be at the brunt of tantrums when the police service is trying to uphold our laws.
As I mentioned earlier, Six Nations needs to assume some accountability for the failure of negotiations as does our governments. For any meaningful conversation to take place it requires the efforts of both to find a transparent and effective method to represent the needs of both Nations. Without that framework, the posturing that continues to happen on the streets of Haldimand only exasperates things and drives wedges further into the social fabric that has afforded us many years of continued existence.
There are a number of great opportunities other than just the assertion of the claim itself, that could be celebrated for the benefit of all and many of these items are on there table and have been discussed in the past and would provide fundamental things such as fresh water to the whole of the territory and improve everyone’s social position.
Caledonia/Six Nations could be seen as a celebration of success and not one of burning tires and frustration for all. It requires some efforts from all and it must come from a good place, a place not filled with anxiety and anger. It must come from the ability to understand, to compromise and to see the end game that benefits future generations. It will NEVER be a successful ending if at the expense of one another.
On Saturday, September 19, 2020, Premier Doug Ford announced new restrictions for gathering limits across the province (10 people indoors and 25 people outdoors). As such, the ribbon-cutting and building dedication ceremony scheduled for Monday, September 21 at 5pm has been postponed.
The County will announce a new date for the ceremony once gathering limits are increased and it is safe to hold larger events.
A community-focused, family-friendly ‘Doors Open’ event is also being planned for a later date, to be held once it has been deemed safe to do so by public health authorities.
For more information on the County’s response to COVID-19, visit HaldimandCounty.ca/covid-19.
Haldimand County Council continues to push provincial and federal agencies – including the Ontario Provincial Police and Ministry of Crown-Indigenous Relations – for an expeditious resolution of the McKenzie Meadows occupation.
Council remains adamant that illegal activities and behaviors in contravention with the law must be prosecuted accordingly, and reminds anyone attending the McKenzie Meadows site that they are at risk of being arrested and facing criminal charges as outlined in the court-issued injunction.
A court injunction remains in place for the McKenzie Meadows site and all municipal roadways. Council is firm in its stance that criminal activities – including occupying the McKenzie Meadows site – must not be tolerated by law enforcement.
Council acknowledges that the OPP has no role to play in the dispute’s underlying issues and is not in a position to resolve them, but expects that they will enforce the law with due process. Council further expects that the courts and relevant authorities will respect the injunctions and hold anyone brought before them accountable for their defiance of the law.
“We have been relentless in our attempts to engage in meaningful dialogue with the Minister of Crown-Indigenous Relations and other federal agencies. This situation isn’t going away, and is a by-product of failed communication and mediation at the federal level. The cost and impacts on our community are mounting. Inaction is unacceptable,” said Haldimand County Mayor Ken Hewitt.
Haldimand County Council will continue to advocate on behalf of the community with the OPP and all levels of government until a resolution is reached.
Firstly, I want to publicly say that our thoughts and prayers go out to our friend and colleague Chief Mark Hill of the Six Nations Band Council in this tough time.
As this is a very complex issue there have been many thoughts and opinions. Sadly it is difficult to have any real dialogue with those that are so polarized on the issue. When you do, the only argument thrown back is that, simply, you are racist. Well, I know that I am not one and that having a difference of opinion is not only healthy but it is what makes us all better so long as the debate can remain peaceful. Which I will get back to later.
Let me illustrate some facts that some do not want to hear:
Fact 1.An Owner can rely upon a Crown Grant as a Solid Root of Title: A surrender of the lands at 1535 McKenzie Road was executed on March 26, 1835. It was signed by 11 Chiefs. Nearly twenty years later on November 21, 1853 the Crown issued its Crown Patent a copy. By operation of longstanding and settled law, Foxgate, having a Crown Patent, holds a solid and reliable legal root of title.
Fact 2. An Owner can rely on a Chain of Possessory Title dating back to before the Land Titles System: Until the 2000s the Province of Ontario operated under a “Registry System” which generally required owners to provide their rights independently of the Province. In the 2000s, land in Ontario was converted to a ‘land titles system’ wherein the ownership of land could be certified by the Province and relied upon. The Province created a process of conversion to the land titles system which involves notification of adjacent land owners to extinguish any off title or possessory (‘squatters rights”) claims. The McKenzie site lands operated within the Registry System for roughly 150 years. During that time, no claims for an interest in the title were ever filed and it appears that it was farmed by owners having taken title from the original crown grantee Thomas Nichols. During that time, no recorded occupation of the land by the Occupiers was made, yet it was possessed and owned by the various chain of title holders whose interests were recorded in the Provincial Land Registry Office(s) throughout the 150 years of time. No recorded claims for open, notorious or possessory or prescriptive rights against 1535 McKenzie Road were ever made during the 150 year chain of title.
Fact 3.There IS acomprehensive and longstanding claim advanced by the Six Nations, but it does not ask for the McKenzie Site to be returned: The claims in relation to lands within the Haldimand Tract form part of the scope of this action. Throughout its 25 year history, the claim has been amended and has never sought a caution, a vesting order, or a certificate of pending litigation against the lands at 1535 McKenzie. The actual claim of the Six Nations is a claim for an accounting of trust monies allegedly spent or not properly held to the credit of the Six Nations. If there were an actual claim that the lands at 1535 McKenzie still belonged to the Six Nations, it would have been set out in the actual Claim. Furthermore, if property rights, whether to own, occupy, use or enjoy, the lands at 1535 McKenzie were to be claimed, the prayer for relief would need to include a vesting order from the court. The Six Nations have not claimed an interest in the lands at 1535 McKenzie Road.
Fact 4.The Province has directed growth to Haldimand County: The Province of Ontario identified Haldimand County as a “growth plan area” in its Growth Plan as shown below. Foxgate proceeded to invest in 1535 McKenzie where the Province directed that investment and where affordable housing is and can be provided to Ontarians. The County of Haldimand’s Official Plan has designated the 1535 McKenzie site for residential development now for more than 20 years. The development by Foxgate at 1535 McKenzie Road has been encouraged by both the Province and the Municipality.
Fact 5. All persons in the Caledonia Community have received notice that the McKenzie site was proposed for development. Two full applications for Draft Plans of Subdivision Approval (2003 and 2006 – the “Planning Applications”) passed through community circulation as required by the Planning Act. The two processes of: (1.) erecting a sign on the site so all passers by would be notified of public consultation meetings, and (2.) then the holding of the public meetings to receive consultative input, were duly followed. No person(s) were denied an opportunity to participate and have their voices heard. The planning process permits anyone who makes a submission at the public meeting to appeal the development to the Land Planning Appeals Tribunal (formerly OMB). Past and current governments have worked to keep this appeal process accessible to all persons. Foxgate has provided opportunity for all persons within the community to provide input, comment, and consultation. Those persons also had the right to appeal the development.
Fact 6.Six Nations Consultation: The Planning Applications proceeded under a specific ‘Grand River Notification Agreement’ between the municipality and the First Nations communities which has been in place since 1996. This agreement has been reviewed and renewed every 5 years. It was followed in 2003 and 2016. No objections to the Foxgate development were made despite circulation under the agreement. Foxgate and/or the County of Haldimand specifically provided the Six Nations with notification of the McKenzie development at least twice over the span of 13 years in the ‘agreed to’ method of doing so.
Fact 7. Foxgate Accommodated the Six Nations: From April 2018 to May 2019 the attached “Definitive Agreement” was negotiated and eventually struck between Foxgate and the Six Nations. Funds were paid and land was transferred. Contrary to social media the agreement is not a land purchase and as expressed by Band Council was legally obligated to do so. The consideration flowing from the Six Nations to Foxgate was simply an agreement to provide continued support and refrain from protests.
Fact 8. Ontarians are entitled to rely on their Courts: Foxgate obtained two orders of the Superior Court of Ontario requiring the Occupiers to vacate the lands at 1535 McKenzie. The Orders were dated July 30, 2020 and August 7, 2020. This second order was necessary in order to provide the Occupiers with a right to protest the injunction after having received the first one. The Occupiers did not participate. In fact, rather than attending the injunction hearing on August 7, they simply returned to the site on August 5 in violation of the existing order. Despite this continued violation, the Province has permitted the Occupiers to remain in contempt of the Orders now for weeks. In fact, when the Occupiers were arrested on August 5, 2020, they were released from custody and permitted to resume the contempt of the court’s order openly defying both the jurisdiction and authority of Ontario’s Superior Court. It is not acceptable that the contempt of the Court Orders continues for weeks to be tolerated.
Fact 9. The Hardships have been Ignored to the Detriment of Hard Working Ontarians: It is now one month since the occupation began and almost three weeks since the original court order was obtained. The costs and expenses of leaving a 25 acre construction site vacant are incurred by honest, hard working, tax paying, Ontarians. These people who have committed to work or live in the McKenzie community are the economic engine of Ontario. The completion of services to, and then construction of, the McKenzie 219 home project will either employ or house over 1,000 Ontarians who will support their families and pay their taxes on payroll deductions or via land transfer taxes. Currently excavators sit idle in Caledonia. They will need to be reassembled and repainted at the contractors’ cost. 500 Home-Buyers have invested twenty million dollars in deposits towards their dreams of home ownership now have their plans left on hold indefinitely. Construction workers and trades are on standby, waiting for confirmation whether their contracts to supply labour or materials for the construction will be honoured. All stakeholders in the McKenzie project – developers, builders, homebuyers, lenders, trades and community members have relied on the above eight facts to get where we are. Conversely, the protestors had the above eight opportunities to peacefully and legally object to either Foxgate’s title or its development. None of the nine legal ways were chosen. For equitable and economic reasons in addition to legal and planning reasons, the McKenzie project must resume as quickly as possible.
As you are, I am tired of hearing about stolen land and that we are guilty of stealing land. We did not steal any land as everyone has legally bought and paid or paying for the property that they rightfully own. The Federal government is solely responsible for the mismanagement of land over the years with respect to our First Nations people across Canada and they will be the party responsible to make the appropriate amends. Not you or I.
If the protesters are objecting the Band Council misrepresenting them or the Confederacy then they should be working within the territory to establish a more transparent method of governance that ALL the people can support and ultimately benefit from. Again that is not the developers problem, nor the people of Haldimand. As Mayor I would be more than happy to work with all invested parties to help that process along.
Ultimatums never accomplish a successful conclusion and, the process that is currently being adopted is an ultimatum and I do not support it and always will speak out against it. I am not racist, I believe that everyone should be treated fairly and equally and I take pride in that our Council and staff of Haldimand County have constantly taken that approach over the years with ALL of our ethnic friends regardless of what origin they are from.
There has been plenty of conversations over the past couple of weeks behind the scenes with many different people. Like the Premier of Ontario states, there is one rule of law for all people in this Province and, like him, I expect that everyone will follow that rule of law.
Holding up this developer and those that are currently waiting for their homes to be built is not going to accomplish anything but stain the good reputation of the many people who have, over the years, been trying to re-establish what existed prior to Douglas Creek Estates.
We have an opportunity to push the claim forward in court, we have an opportunity to change processes like additions to reserve. We have an opportunity to help establish an acceptable form of governance. None of which can be done in the face of this type of protest. Pretending that it is peaceful is an insult to the many stakeholders involved. It is not peaceful.
I look forward to the peaceful end to this ILLEGAL occupation, and I will not support lifting the injunctions until all roads, railings and property are completely vacated.
We fully expect that the OPP will act on these injunctions should those so choose to continue to defy the wishes of the majority on Six Nations and Caledonia.
Despite significant challenges and disruptions associated with the COVID-19 pandemic, Haldimand County’s 2020 capital program – which outlines $48.7 million in strategic infrastructure investments – continues to move forward.
“Staff have been extremely diligent in moving the capital program forward, recognizing the importance of community infrastructure as integral to Haldimand’s post-pandemic economic recovery and future well-being,” said Haldimand County’s Chief Administrative Officer Craig Manley.
Manley noted that the $48.7 million budget exceeds previous years’ levels of investment and the County remains in an excellent financial position to continually enhance community infrastructure.
$37.1 million of the capital program represents engineering and construction-related projects that enhance livability and community vibrancy. These projects are funded by the Tax-Supported Capital Budget and include, but are not limited to: the conversion of all gravel roads to hard-top (by 2023), rural road resurfacing, urban paving, street lighting enhancements, parking lot expansions/improvements and stormwater management.
The remaining $11.6 million is allocated to water and wastewater infrastructure improvements, which include, but are not limited to: technical studies and servicing strategy updates (e.g. Caledonia Master Servicing Plan Update), wastewater treatment plant upgrades and forcemain restoration work. These projects will result in increased water treatment capacity and ensure the continued delivery of safe drinking water to all residents.
There are many things going on to resolve this protest and it is changing rapidly. As an update today Haldimand County received the support in court for a blanket injunction covering our roads and property. Also the developers received judge’s support of their injunction as well. CN is currently getting an injunction as well. All of which will require the OPP to enforce.
I have been in several conversations with the following people, Deputy Commissioner John Cain and Detachment Commander Phil Carter of the OPP, representatives of both Ballantry and Losani Homes, Chief Mark Hill of the band council, and many other members of Six Nations.
I have asked the Premier for a conference call with his Ministers and Chief Hill to discuss some possible solutions and am waiting for a response.
For the record, I do not support this protest, the people involved and their behaviour. I truly believe that they do not reflect all the people of Six Nations. They are bringing harm to the good spirited and natured people of Six Nations with their demonstrations.
They say that the Confederacy was not consulted. They say no accommodations were made. They say they are protecting the land and their claim. Yet I would ask why now are they coming out? The process to consult occurred many years ago. Six Nations was notified by both the County and the Band Council of this development. That includes members of the Confederacy.
The developers took upon themselves to go further without any legal obligation to offer land and money to Six Nations as a token of respect. This has nothing to do with the ongoing land claim that is taking 27 years to get in front of federal courts. An issue that needs addressing.
So when this development was made public, there were public meetings in Haldimand and Band Council hosted public meetings on Six Nations with an openness about the arrangement structure with the developers. If these individuals did not like the arrangement it was at that time to make it known to Band Council for accepting it. If the Confederacy felt the same, it was at that time to discuss it further. If that divide continues then it should be within Six Nations that they debate and discuss these concerns not on McKenzie Meadows.
The developer followed a process, Haldimand County followed a process and Band Council followed a process. All of which was open to the public for scrutiny all along.
Holding the developer back and those excited new homeowners from realizing their dream is nonsense and like the Premier states, “enough is enough”.
Why does it take 27 years to hear a claim let alone settle one? I understand the complexities that exist but I would say once again, “enough is enough”. Every member of Six Nations deserves to be angry with this process and each one of us should be asking our federal government, why?
I fully can appreciate their frustration and the anger, but I do not condone the methods by which they are exercising that frustration and anger. It is deplorable that our governments have treated our indigenous friends in this matter but wronging a wrong is not the solution and hurting your neighbours is not the path to success.
As Mayor, I will continue to follow any methods that will help push the local outstanding claim forward. I will work with all those involved to continue to look at shared opportunities with Six Nations such as the waterline project that would see fresh Lake Erie water to all or parts of Six Nations.
I will NOT work with and or support anyone who thinks that acts of civil disobedience are an appropriate way to make their point. I will push for the OPP to apply the injunctions on those breaking the judge’s orders and I will look to our judicial system to apply the law on those that so just deserve it.
I am providing this information for those that have interest in what is going on. I know that many of you will have opinions and thoughts and I ask that while it is an emotionally charged situation, please refrain from any racial comments as I will delete anything that suggest so.
Stay Safe……
Mayor Ken Hewitt
Haldimand County Council
Stewart Patterson John Metcalfe Dan Lawrence Tony Dalimonte Rob Shirton Bernie Corbett
On July 19, 2020, Haldimand County Council was informed of a protest taking place on the McKenzie Meadows development site. As of July 30, 2020, protestors remain on the property and construction work continues to be halted as a result.
Haldimand County Council stands with the developer, Foxgate Developments Inc., and Six Nations of the Grand River, who have a pre-established agreement regarding the development lands. Given that all proper approval processes have been followed and the rule of law has been disrupted by illegal activity, Council urges the Ontario Provincial Police – Haldimand County Detachment to enforce the law and take all necessary actions to end the occupation.
Protestors on site are not supported by Six Nations of the Grand River governing bodies.
Background information
The McKenzie Meadows development project in south Caledonia dates back to 2003 when development approvals were initially obtained for a 200+ unit residential project.
In 2015, Foxgate Developments Inc. purchased the lands and proceeded to re-initiate the development plans which included securing a new set of planning approvals for a redesigned residential project consisting of 218 units (single detached homes and townhouses).
In May 2018, representatives of Foxgate commenced its’ consultation, discussion, and negotiation with with Six Nations of the Grand River Elected Council. In October 2018, a term sheet was prepared and presented to Six Nations Elected Council.
In November 2018, Six Nations Elected Council considered the term sheet and authorized it for signature. In May 2019 a written agreement was reached between Foxgate and the Six Nations Elected Council, confirming that the Six Nations supported the Development.
In late 2019 and early 2020 Foxgate obtained all of its approvals for servicing installation and construction commencement at the site. Foxgate then proceeded to pre-grade and construct primary services on the land in support of the delivery of new homes to the families who were expecting closing dates in the Fall of 2020.
In June 2019, Haldimand County Council finalized its corporate priorities for the 2018-2022 term. One of the key priorities identified was an initiative to bring high speed internet access to underserviced areas of the County. Since then, staff have been working through complex legal, technical and financial processes to procure a vendor capable of delivering this service. On June 30, KWIC Internet was announced as the successful proponent.
In order to select the most qualified internet service provider, Council approved a 2-step competitive bid process including: (1) the pre-qualification of interested providers and (2) the issuance of Negotiated Request for Proposal (NRFP). With assistance from a third-party consultant, proposals were rated on a pre-determined scale evaluating various technical and financial components.
Of the three proponents, the submission from 676766 Ontario Limited (o/a KWIC Internet) was the highest scoring and advanced to the negotiations procurement stage.
KWIC Internet’s proposal meet all minimum technical and financial requirements outlined in the original NRFP and aligns with feedback obtained from public consultation, including:
The ability to provide required minimum download/upload speeds of 50/10 Mbps (in line with minimum speeds identified by the CRTC)
The ability to provide unlimited broadband internet service to 100% of the County’s underserviced areas (customers currently without access to unlimited internet with download/upload speeds of minimum 50/10 Mbps). Priority service is being granted to these underserviced areas first;
Specific construction timelines ensuring the complete network is built and operational within 5 years from execution of the Project Agreement;
Regular progress reporting and testing/monitoring of quality of service and customer satisfaction during construction;
Competitive pricing – KWIC Internet’s Proposal met or was lower than the established target price point of $115 per month as required by the NRFP;
Financial assistance in the form of an interest free loan amount set at $15,000,000 with the full principal balance of the loan to be repaid within 12 years from the execution of the Project Agreement;
Alignment with the County’s financial principles and the ability to demonstrate financial security to protect/ensure repayment of the County’s loan.
It is important to note that the provision of telecommunication systems – which includes internet services – are eligible for the above-noted financial incentives under the Municipal Act. As required under the Act, a Municipal Capital Facilities by-law was passed by Council authorizing the County to provide financial assistance to KWIC for the purpose of delivering broadband internet services.
“Staff, in conjunction with feedback from legal, technical and financial consultants, are confident that KWIC Internet is well-aligned to provide internet access to all underserviced areas of the County,” said Mark Merritt, General Manager of Financial and Data Services. Merritt noted that with Council’s approval, staff now have an agreement in principle and will work to finalize and execute the Project Agreement with KWIC Internet.
“This is incredibly positive news that has been long-awaited by many. Bringing high speed internet to rural communities will help bridge the ‘digital divide’ and have long-lasting impacts for residents, businesses and potential economic development across Haldimand,” said Haldimand County Mayor Ken Hewitt. “I look forward to the construction stage and seeing this critically important project come to fruition,” he added.
More information will be shared with the community as the project moves forward. All project-related information is available at HaldimandCounty.ca/broadband/.
