For SW & First Nations People Class: Seminar by: Sandra, Hannah, and Cynthia

1. History of Land Treaties
By: Hannah, Sandra and Cynthia

2. It’s been over three centuries since the Land Treaties have been
signed between the Government of Canada and Aboriginal
groups, the conditions and sanctions of which are still fiercely a
matter of dispute to this day. Differing cultural contexts and
language barriers meant that misinterpretations had taken
place in the signing of the treaty agreements, resulting in
forceful seizing of the land, and eventually leading to bitter
dissidence between the First Nations people and the
Government of Canada. Prior to 2003, it was illegal for First
Nations people to bring forth any land claim against the Crown
without approval from the Federal Government. It wasn’t until
1973 that specific claims were finally being considered by the
Federal Government from different First Nation Peoples.

4. Bill C -6
Bill C-6 was passed by Parliament on November 4, 2003, called
The Specific Claims Resolution Act (Pamela Williamson, 1959 &
John Roberts, 1944). Even though the goal of the Act was “to
provide for the filing, negotiation and resolution of specific
claims and to make related amendments to other Acts” disputes
still followed as the Act failed to give First Nations the right to
jurisdiction, since only the Crown would have control over
appointments to the negotiating process. The Act also suffers
from frequent conflict of interest and a lack of funding to
address claims. (Pamela Williamson, 1959 & John Roberts,1944).
As a result, overcoming the difficulties in settling land claims
still persist and the struggles can be seen in concurrent conflicts
such as those in Oka, Quebec; Caledonia, Ontario; and
Ipperwash Ontario Provincial Park.

5. A little over a decade ago in Oka, a village located off the
northern bank of the Ottawa River (Rivière des Outaouais in
French), northwest of Montreal, Quebec made headline news in
1990, because their privately held land was sold to develop
“plans to expand a golf course and residential development
onto land which had traditionally been used by the Mohawk.”
(http://en.wikipedia.org/wiki/Oka_Crisis.)
This dispute began July 11, 1990 and ended September
26, 1990. The media publicized it as a violent conflict between
First Nations and the Canadian government in the late 20th
century. This land dispute was between a group of Mohawk
people from the community of Kanesatake and the town of
Oka, Quebec. The Mohawks viewed this land as a common land:
it was used to access their Cemetery, recreational purposes and
for other First Nations Community purposes. In 1987, Le Club de
Golf ’d’ Oka Inc. requested to renew their lease for their 9-hole
golf course: wanting to expand it from a 9 hole to a 18 hole
course. This request was granted by the Government; as long as
the sold land of $70 000 was only used for the golf course
expansion .

6. The Kanesatake Band Council blocked this request
(proposal) and claimed the land as their own, which
caused tension within the town of Oka. The town of Oka
obtained an injunction ordering the Mohawks to “abstain
from interfering, disturbing, intimidating, or threatening
municipal employee” (Frideres, 1997.) It clearly was seen
that the government did not have any cross-cultural
knowledge as to the understanding about the actual
native history of the land, the traditions the land was used
for, and the family systems when it came to dealing with
that situation.

7. Before all that occurred, in 1989 Mohawks’ had a peaceful
protest in the town of Oka stating the ownership of the land as
theirs. This caused other problems such as, the band council
tension and the unsatisfactory negotiations process for land
unification for the community. The land agreement was then
rejected, resulting in a small group of Mohawks putting up
barricade and taking arms. More and more tension grew and
gunfire was added in between the Mohawks and the Quebec
Police. There was a police officer casualty. Thus 2500 armed
forces were brought into get the situation under control.
Eventually the barricades were taken down and the instigators
were apprehended by the armed forces. To this day, there has
been no completed development between the two parties to
resolve this situation. Resulting from the Oka crisis was the
formation of the Royal Commission of Aboriginal People
(RCAP). The RCAP was responsible for reporting all and any
aboriginal situations throughout Canada. This five-volume RCAP
report was expensive, in fact the most expensive Royal
Commission Report in Canadian history, of a fascinating amount
of 58 million dollars. There also have been many other land
disputes beside Oka, such as the standoff in Caledonia, Ontario.

8. In 1748, Sir Frederick Haldimand issued a
proclamation authorizing the Six Nations, a
group of First Nations people, to take
possession of and settle upon the banks of
the Grand River including – six miles on each
side of the Grand River from Lake Erie to the
rivers source which is approximately 950,000
acres. The Six Nations Territory is known as
the Haldimand Tract. In 1924, Canada sent in
the RCMP to remove the legitimate
Confederacy council of Six Nations, the
armed invasion of Six Nations territory was a
military operation. Using the RCMP - it was
seen clearly as a declaration of war. The
government claimed, with documentary
support, that Six Nations surrendered the
land (now called Douglas Creek Estates) in
1841. The Six Nations Confederacy stated
Canada absolutely refuses to address the
land issue with Confederacy chiefs. It is a
200-year-old outstanding land claim of the
Six Nations. It is important to understand all
the factors behind the rising tensions related
to the land rights protest.

9. A small peaceful protest began in February 2006 at the Douglas
Creek Estates development owned by Henco Industries in
Caledonia, Ontario. The protesters were demanding that there
be no further development on their land and that the federal
government settle outstanding Six Nations land claims. The
protestors ignored a ruling ordered by a judge demanding they
cease the protest. Police have not enforced the court ordered
eviction; however the Sheriff of Haldimand County showed up
at the site to read a revised court order which stated that if
they do not leave they could be arrested for criminal contempt
of a court order. Provincial police now have the authority to
arrest the protesters but have not said when they will do it. In
April it will be fifty days since the start of the standoff.

10. It will be another black chapter of history built in Canada if
people are arrested and construction is allowed to continue. It
was announced that the Governments of Canada and Ontario
have pulled out of talks concerning the recent land
repossession at Caledonia, ON.
When the Ontario Provincial Police stormed the Six Nations
protest site near Caledonia there were witnessed reports of
police brutality. Several people reported being injured and
sixteen people were arrested. Mohawk Nation News reported,
"At 5:55 am this morning over 150 heavily armed Ontario
Provincial Police invaded Six Nations land. Some carrying M16s, in riot gear. “Tear gas has been thrown at them. Some were
pepper sprayed." Provincial police officials stated “We used
the least amount of force possible,” and claimed they used
restraint, but had to use force during the arrests because of the
"behaviour" of some of the protestors. Later, they said several
police officers were injured by protestors. “One officer
suffered injuries after being struck by a bag of rocks."

11. Hours after the police raid, protesters re-established their presence
when hundreds of people gathered at the site. Tire fires were set
as part of road blockades; the police have established a
"perimeter" around the protest site to contain the situation. Police
officials claim their "focus is on public safety." At the protest site
near Caledonia, Six Nations members and supporters reported
calm, with the police keeping their distance and promising not to
act. However, the RCMP confirmed Friday that they are now
involved and providing assistance to the Ontario Provincial Police.
The protestors are unarmed but they are protecting themselves in
a traditional way, "The Six Nations people have been burning
tobacco during this entire occupation for their protection. This is
the only weapon that we have. We are calling upon the natural
forces to give us wisdom and guidance through this whole siege.”
The Minister of Indian Affairs Jim Prentice in the House of
Commons has stated that "the difficult situation in Caledonia is one
that requires a certain amount of wisdom and forbearance."

12. At the end of April, a mass rally took place by non-natives and
Caledonia Local residents. They demanded an end to the Six
Nations protest, which was peaceful compared to one earlier
that saw residents confronting the police and ended in an
arrest. Protester Hazel Hill said, "First, everyone, know that we
are still here. We are not going anywhere. There have been
many media releases suggesting that the barricades are coming
down and leading the outside world into the false belief that we
are somehow going away. Not so. There have been many
discussions about the barricades. The discussions are very long
and deep regarding our position. We have no intention of
leaving our reclaimed lands.” Negotiations continue between
Six Nations, Ontario and Federal Governments, and part of the
discussions is the opening of certain roads and lifting of
particular barricades.

13. The month of May brought Non-Native protestors who set up their own blockade which
triggered tension, followed by violence - pushing shoving, fistfights, dozens of police
officers were forced to come between the groups. The protest at the Site of the Douglas
Creek Estates in Caledonia, Ontario will end, but tensions remain with violence breaking out
between the First Nation’s protesters and the Non-Natives. Haldimand County declared a
state of emergency when power was cut off to Caledonia as a result of a car being driven
into a hydro tower on purpose. An OPP cruiser was found on 6th Lane near Cayuga Road.
The cruiser had apparently been following a car down 6th Lane when Six Nations people
surrounded the cruiser and called Six Nations police. The OPP officers explained that they
were “lost.” The Six Nations Police charged the officers with trespassing. Six Nations Police
and OPP have a mutual aid agreement, however the OPP are required to seek permission to
enter Six Nations territory, which did not happen in this incident. Premier Dalton McGuinty
issued the following statement: "I want to join with people across Ontario in calling for
calm and goodwill in Caledonia. The confrontation we saw today has no place in our society
- and it does nothing to help resolve this difficult situation. I want to commend the Ontario
Provincial Police for their outstanding professionalism in restoring order to a very tough
situation. Over the past several weeks, all parties made progress in building trust and
mutual respect. Today's events were an unhelpful setback. However, we must continue
working to find common ground and move forward in a peaceful environment. Our
government is committed to working alongside the federal government, local officials and
First Nation representatives to ensure that we find a lasting solution that allows all parties
to renew their shared commitment to building a strong community." A class action lawsuit
against the Ontario government for inaction in the face of the First Nations “reclaiming”
land will cost taxpayers $20-million to compensate Caledonia residents and business for
losses suffered. Standoffs continue to be a struggle for First Nations people, such as the
one involving the Stoney Point Band.

16. Another historical land claim dispute involves the Ipperwash Provincial
Park located in Southern Ontario. After years of negotiations, the
Chippewas First Nation signed the Huron Tract Treaty in 1827. In exchange
for the land, the British were to agree to partition specific reserve locations
which could be expanded to accommodate the band if found too
small, allot appropriate compensation, and to arrange training in
blacksmithing and agriculture by instructors. The Report of the Ipperwash
Inquiry (2007) states that initially the Chippewas were told that they were
to secede roughly 712,000 acres; however they inadvertently ceded 2.1
million acres of land to the Crown. In return they ended up retaining less
than 1 percent of land, the initial payment amount was reduced, and the
blacksmith and agriculture instructors were never made available (p. 26).
The infraction of the treaty caused great concern for the Chippewas and as
a result they lost confidence in the Royal Proclamation of 1763 which states
“that First Nations were to be treated with honour and justice”. In 1912, the
Chippewas were pressured again by the Crown to relinquish more land
which was later sold to the Provincial Government for three times the
amount paid to the First Nations. A part of the land sold was turned into a
Ipperwash Provincial Park and a year after the Provincial Government
created the park, the band of First Nations asked that a Native burial
ground located within the park be protected and the ensuing request was
ignored by the Government, leading to further tensions.

17. In 1942, during the height of the Second World War, the Canadian
Department of National Defense sought out to seize the Reserve Land in
Stoney Point to be used as a military training camp. The Government
petitioned to the Native people to voluntarily relinquish the land in
exchange for money and the promise to return the land after the war to
which the Native band refused, being wary and guarded over the iniquity of
past Governmental transactions. The Government arranged to seize the
land without the compliance of the Native band citing section 3 of The War
Measures Act which states the Governor in Council Authority may do what
is deemed necessary for “the security, defense, peace, order, and welfare
of Canada [including the] disposition of property and the use thereof”
(Tarnopolsky, 1975). The Government handled the situation hastily as
George Brown, the Indian Agent at the time, states that the military
intended “to proceed with this scheme as soon as possible” (Linden, 2007).
Consequently the appraisal was handled hastily and compensation to the
families living on the land was menial. Under section 7 of The War
Measures Act, the Government was responsible for covering the costs of
relocating the Native people living on the land; they were then integrated
into another reserve. The Government also made assurances that the land
would be returned to the Natives.

18. Believing they have a usufructuary right to the land, the Chippewas of Kettle and Stoney Point First
Nation have challenged the surrendering of portions of the land during the 20th and 21st
centuries, however the Courts found that all of the transactions were legally valid. Tensions grew
stronger over time and in 1995 a group of Natives planned a peaceful protest in order to gain
exposure of their plight and to return to and restore the land. The Chief of the Band wrote a letter
on behalf of the Band which stipulated seven principals to be discussed and negotiated with the
Public and Federal Government; one of the principals in particular states that they are “committed
to making all reasonable efforts to heal the divisiveness caused to this First Nation by the wrongs
inflicted by Canada in their taking of the Stony Point Lands.” (Linden, 2007). Records show that
the Acting Superintendent of the Canadian government, John Carson, noted that “there will be no
‘negotiations’ with the Stoney Pointers regarding their claim to ownership of the land, and that
the goal of any discussions would be removal of the occupiers from the park.” (Edwards, 2001).
During the night the protestors attempted to occupy a small portion of the park, the O.P.P. were
called in to maintain the peace however the Government had decided that it was necessary to use
force to remove the protestors as quickly as possible citing public safety concerns. A Swat team
was called in an attempt to control the group of protestors and a small riot broke out after police
officials assaulted a protestor during their attempt to arrest him. As more protestors arrived to
assist the others, the police opened fire using snipers with submachine guns resulting in the
injuring of two protestors and the death of an Objibwa man named Dudley George. The family of
the man had called for an inquiry into the events that lead to the Ipperwash crisis to be launched in
order to prevent such a crisis from reoccurring. The inquiry found that many of the Government
officials involved in the crisis were unconcerned with the facts surrounding the
protest, unsympathetic to the plight of the protestors, and ignorant and racist towards the
interests of the Native people. Police officers were recorded saying offensive and racist remarks
and even the premier Mike Harris was heard making offensive comments and demanding that they
get “the –expletive- Indians out of the park” (Linden, 2007). It wasn’t until 2009, almost 15 years
after the Ipperwash crisis and over a century after surrendering the land that the Chippewas of
Kettle and Stoney Point First Nation were finally permitted to have full control over the land of
Ipperwash Provincial Park

19. References
Alanis Obomsawin (1993). Kanehsatake: 270 Years of Resistance. National Film Board of Canada.
Alanis Obomsawin (2000). Rocks at Whiskey Trench. National Film Board of Canada.
Alec G. MacLeod (1992). Acts of Defiance. National Film Board of Canada.
Craig MacLaine, Michael S. Boxendale (1991). This Land Is Our Land: The Mohawk Revolt at Oka. Optimum Publishing
International Inc.
Edwards, Peter. (2001). One Dead Indian. Toronto, ON: Stoddart Publishing Co. Limited.
Geoffrey York & Loreen Pindera (1991). People of the pines: The warriors and the legacy of Oka. Little, Brown
Gerald R. Alfred (1995). Heeding the Voices of Our Ancestors: Kahnawake Mohawk Politics and the Rise of Native Nationalism.
Oxford University Press.
Hornung, Rick (1992). One Nation Under the Gun: Inside the Mohawk Civil War. Pantheon.
Kenny, Amy (2012) Caledonia land claims still contentious: Retrieved from: http://www.thespec.com/news-story/2256385caledonia-land-claim-still-contentious/
Lindon, Sidney. (2007). Report of the Ipperwash Inquiry: Ottawa, ON: Government of Canada.
Pamela Williamson, 1959 - & John Roberts, 1944, First Nation Peoples rev. 2nd ed.
Quesnel, Jospeh: The True Costs of Caledonia: Retrieved from:
http://www.theglobeandmail.com/commentary/the-true-costs-of-caledonia/article590038/
Turtle Island Native Network News (2011): Retrieved from:
http://www.turtleisland.org/news/news-sixnations.htm
Tarnopolsky, Walter (1975). The Canadian Bill of Rights. Toronto, ON: McClelland and Stewart Limited.