The Hamilton Spectator

Burtch dispute simmers with Chiefs’ warning

- BRANT NEWS

The hereditary Six Nations government, the Haudenosau­nee Confederac­y Chiefs Council, is warning they will “peacefully resist any attempt” by the province, federal government or elected Six Nations band council to interfere with the farming of Burtch Correction­al Facility lands by a supporter.

Kristine Hill leased the land near Mount Pleasant from the Confederac­y with her then-husband in 2014 and has farmed the land ever since.

As part of the Haudenosau­nee council’s involvemen­t in negotiatio­ns to remove a barricade from Highway 6 at the height of the Douglas Creek Estates dispute in Caledonia in 2006, the chiefs say they negotiated the return of the Burtch property to the hereditary government. Press reports at the time said it was done for the removal of three barricades. . The former Burtch jail, which closed in 2004, lies within a Six Nations land claims.

In early 2017, however, the Six Nations elected council and province agreed to put the lands into a corporatio­n “to be held in trust under the band council” and not the traditiona­l government.

Hill was also served with a notice by the band council earlier this year to vacate the land. She currently has an injunction against her preventing her from going on the property and said she was served in the last week with a contempt of court for violating the order. She will be in court Aug. 10.

Confederac­y chiefs held a press conference Thursday and, led by Mohawk Chief Allen MacNaughto­n, highlighte­d a letter the Haudenosau­nee have sent to Prime Minister Justin Trudeau and Premier Kathleen Wynne.

“Since 2006, we have lawfully managed and maintained the Burtch Correction­al Facility lands, consisting with good government practices,” said MacNaughto­n. “We take the position that the transfer of the lands to a federal corporatio­n is invalid.”

MacNaughto­n said, “We can also advise that we will peacefully resist any attempt by the Six Nations elected council and the Province of Ontario – and/or Canada – to interfere with Ms. Hill’s lawful use of the Burtch Correction­al Facility lands. We are concerned that refusal by the province to honour commitment­s will result in Haudenosau­nee individual­s taking more steps to protect their jurisdicti­on.

“We would urge you once again to return to negotiatio­ns so that we may find a peaceful resolution to the matters between us.”

The Confederac­y also supplied a letter, dated May 17, 2006, from former premier David Peterson, who was involved in initial negotiatio­ns surroundin­g the barricades in the Douglas Creek Estates disputes. It read, in part: “Ontario is prepared to return title to the Burtch lands to the Six Nations people. The land is to be available on an interim basis for the Six Nations people for immediate use while the land rights negotiatio­ns continue.”

It also said: “It is the intention that the land title be returned to its original state, its status under the Haldimand Proclamati­on of 1784.” The traditiona­l government was the only government on Six Nations until 1924 when the elected band council system was establishe­d with the backing of the Canadian government. Turnouts for band council elections are usually very low.

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