Ontario to continue building bridge on contested land despit
The Ontario government will soon restart work on a new provincial bridge over the Grand River in Cayuga, despite a cease work order from an aboriginal group that claims the riverbed and historical towpaths along its banks.
The unexpected land claim has great resonance: the bridge is in the neighbouring town and on the same river as Caledonia, where a violent 2006 native standoff turned a housing development into a “lawless oasis” that remains unresolved.
“They have an anxious municipality,” said Don Boyle, chief administrative officer of Haldimand County, the county government.
On Nov. 4, a work crew putting the finishing touches on the Highway 3 bridge in Cayuga was told to lay down their tools by a representative of the Haudenosaunee Confederacy Chiefs Council (HCCC).
Aaron Lynett for National Post
Aaron Lynett for National PostThe construction site on the bridge on Talbot Road which spans the Grand River in Cayuga, Ontario, Thursday. The Haudenosaunee Confederacy Chiefs Council has said the bridge encroaches on Haudenosaunee tow path lands and the bed of the Grand River. .
Workers stopped and the province was called in for what can be delicate and difficult discussions.
“They were finishing up the sidewalks. It’s a beautiful bridge. The only thing I think that hasn’t happened is the artistic finishes and then moving it into place,” said Mr. Boyle.
“Then this happened.”
Even the province is displaying uncharacteristic impatience.
They were finishing up the sidewalks. It’s a beautiful bridge. The only thing I think that hasn’t happened is the artistic finishes and then moving it into place
.
“This is unfortunate because Ontario is replacing the bridge for the continued long-term safety and security of everyone in the region, including the Six Nations community,” said Liane Fisher, a spokeswoman for Ontario’s Ministry of Transportation.
“Ontario has been in discussions about the bridge work with the community of Six Nations of the Grand River for seven years. The government met with and wrote to the Haudenosaunee Confederacy Chiefs Council at all key milestones to seek input on the bridge project. No input was received,” she said.
The province did receive input from the Six Nations’ elected council and undertook design modifications in response to the concerns, she said.
As years of discussion went on, the old truss bridge continued to deteriorate. Lower and lower weight restrictions were continually placed on it, said Mr. Boyle.
Aaron Lynett for National Post
Aaron Lynett for National PostTraffic crosses the Grand River via the bridge on Talbot Road in Cayuga, Ontario, Thursday..
There was an archeological review to ensure construction didn’t impinge on First Nations artifacts; there was an environmental review of the species in the river, officials say.
The new structure was then built alongside the old bridge. When finished, traffic was diverted onto the new bridge while the old one was dismantled.
All that is left to do is to shift the new bridge some five metres to align with the highway.
After the cease work order was delivered, no further work has been done but traffic on the temporary route in unaffected, said Ms. Fisher.
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Complicating matters is defining the role of the HCCC, comprised of hereditary chiefs of the clans in the area; it seems to have an uneasy relationship with the elected leadership of the large Six Nations reserve in the area.
Requests for an interview with the HCCC and the Haudenosaunee Development Institute (HDI), a branch of the organization handling this issue, were not returned by deadline.
The HDI’s legal advisor, Aaron Detlor, was quoted in the Turtle Island News as saying that “many, if not all [Ministry of Transportation] projects, are impairing Haudenosaunee rights and interests.”
A message left for Six Nations elected Chief Ava Hill was also not returned. Chief Hill was quoted in the Brantford Expositor saying she had been unable to arrange a meeting with the HCCC.
Aaron Lynett for National Post
Aaron Lynett for National PostTraffic crosses the Grand River via the bridge on Talbot Road in Cayuga, Ontario, Thursday..
The HCCC now oversees the former Douglas Creek Estates in Caledonia, the residential development occupied by native protesters.
The province sent an invitation to the HCCC to discuss its concerns, said Ms. Fisher. There has not yet been a response, she said.
Patience may be wearing thin.
“[The Ministry of Transportation] intends to proceed with the Cayuga bridge project shortly, after considering any input from HCCC,” said Ms. Fisher.
For the municipality, it is a matter of watching and waiting.
“It’s a provincial bridge, a provincial highway and a provincial contract. We have zero control over it,” said Mr. Boyle.
Aaron Lynett for National Post
Aaron Lynett for National PostTraffic crosses the Grand River via the bridge on Talbot Road in Cayuga, Ontario, Thursday..
In any case, the HCCC does not recognize his municipality, seeking discussions nation-to-nation, meaning federal government to First Nation.
Another land claim dispute in its conglomeration of towns west of Hamilton is not what the municipality wants.
“It’s an inherent challenge we face. Our relationship with the Six Nations people are very positive but the challenge of land claims is a federal and provincial process. It is very difficult.
“Nobody likes uncertainty.”
At a civil trial over the Caledonia dispute, court heard that the occupied site and surrounding areas became a “lawless oasis” when the Ontario Provincial Police retreated from enforcing any laws against native protesters.
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