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Frequently Asked Questions

What is the current status of the negotiations?

The Ontario government has been making every effort to facilitate a peaceful resolution to the Haudenosaunee/Six Nations grievances by continuing to attend scheduled negotiations meetings and working with Haudenosaunee/Six Nations representatives. Ontario's role is to support the Haudenosaunee/Six Nations and Canada in their ongoing negotiations.

During the summer of 2008, the Ontario government appointed Tom Molloy as the new principal representative to the negotiations. Mr. Molloy took over from Murray Coolican who previously represented the province in these negotiations. Mr. Molloy played a leading role in many landmark Aboriginal claims settlements in Canada, including the negotiations that led to the creation of the Territory of Nunavut, and the Nisga'a Final Agreement in British Columbia.

In the spring of 2007, the federal government offered to settle four of the 28 claims, namely the Block 5/Moulton Township, Welland Canal flooding, Grand River Navigation Company Investment claim and Burtch Tract for $125 million. The parties to the negotiations decided to focus on one claim, the Welland Canal flooding claim for $26 million. The federal government made an offer to settle this claim in December 2007. Visit the Indian and Northern Affair Canada website for historical background on the Welland Canal Flooding claim and frequently asked questions.

What progress has been made at the Main Table?

Since May 2006, there have been regular Main Negotiation Table meetings and many Side Table meetings. The four Side Tables were created to expedite the process.

Side Tables:

• Lands Resolution Side Table: discusses options for resolution of Six Nations land claims;
• Consultation Issues Side Table: addresses consultation issues such as development in the Haldimand Tract and how this development could impact on Haudenosaunee/Six Nations Aboriginal and treaty rights;
• Archaeology and Appearance Side Table: determines whether human remains exist on the Douglas Creek lands, undertakes work pertaining to erosion control, house demolition and other matters related to the Douglas Creek lands; and
• Public Awareness and Education Side: develops educational, promotional and public awareness strategies on Haudenosaunee traditions, languages, history and culture.

Why can't the municipality and/or the people of Caledonia be represented at the negotiating table?

The negotiations are about the resolution of Six Nations' grievances with the federal government. They are conducted on a confidential basis to promote a more effective resolution process. However, from time to time the parties at the main table may seek to have input from municipalities that have a direct interest in the claim resolution process. Negotiators also meet as needed with municipal staff and elected representatives.

Why are the negotiations confidential?

Ontario is committed to keeping the negotiations confidential so that the parties can share their concerns and discuss options for resolution freely as they work towards consensus and resolution.

Ontario is at the table to support these ongoing negotiations and continues to be committed to a peaceful, negotiated settlement of all outstanding grievances.

Can the provincial government demonstrate it is making its best efforts to resolve the Douglas Creek Estates land dispute?

Since the beginning of the protest at Douglas Creek Estates property, Ontario has been working hard with representatives of the Haudenosaunee/Six Nations, the federal government, municipal officials and members of the community to resolve matters under dispute.

These negotiations are very complex. Six Nations has many claims that need to be addressed in a way that respects the legitimate interests of all the parties.

Is this a provincial or federal matter?

Although primarily a federal matter, some of Six Nations claims are against both Canada and Ontario. However, only the federal government can resolve the underlying issues surrounding the Six Nations land claims.

What is Ontario's role in the negotiations between the Haudenosaunee/Six Nations, Canada and Ontario?

These negotiations are complex. Ontario's role is to continue to support these ongoing negotiations. The province continues to be committed to a peaceful, negotiated settlement of all outstanding grievances.

Ontario's role in the negotiations between the Haudenosaunee/Six Nations, Canada and Ontario is to support Canada to resolve the Haudenosaunee/Six Nations grievances in a way that benefits the members of all the communities involved.

Ontario is working hard at building relationships to create a positive working environment where progress can be made.

Ontario continues to work with representatives of the federal government, Six Nations leadership, municipal officials and members of the community to resolve matters under dispute.

Progress has been made in addressing issues related to the Douglas Creek Estates property. Thanks to the cooperation of the Haudenosaunee/Six Nations, there has been a significant reduction in the number of protestors on site.

In 2006, Ontario provided financial assistance to local residents and businesses affected by the protests, including funding a local marketing program.

What resources are the government devoting to address the situation in Caledonia?

Ontario's involvement in the Six Nations (Caledonia) negotiations is ongoing. To view a summary of costs paid for by the Ontario government as of March 2011, click here.

The Main Negotiation Table includes representatives from the Haudenosaunee/Six Nations, Canada and Ontario, who have committed significant resources to bring about a peaceful resolution to the dispute. The Ontario Ministry of Aboriginal Affairs has a satellite office in Brantford to support the provincial negotiators and staff.

Had a land claim been submitted before the protest at the Douglas Creek Estates property?

Between 1976 and 1994, Six Nations filed 29 claims with Canada; one claim has been settled. In 1994, Six Nations, represented by the Elected Council, brought a claim in court against Canada and Ontario for an accounting of all the transactions involving Six Nations lands and the proceeds of their disposition. This litigation encompasses at least 14 claims that were submitted to Canada.

Will Ontario expropriate property to settle the Six Nations' claim?

Ontario's policy is not to expropriate private property to settle land claims.

Who are the Six Nations?

The Six Nations of the Grand River is the community located on the Grand River with whom Canada and Ontario are negotiating a number of issues including those arising out of the Caledonia situation. Following the 1783 Treaty of Paris that ended the American War of Independence, some of the people of the Iroquois Confederacy who were allies of the British Crown – composed of the Mohawk, Oneida, Onondaga, Cayuga, Seneca and later, Tuscarora Nations – relocated from their homeland in the Finger Lakes region of New York state to settle along the Grand River. For more information, visit http://www.ainc-inac.gc.ca/ai/mr/nr/s-d2005/02742bk-eng.asp.

What did Ontario do to help homeowners in Caledonia who were affected by the land dispute in Caledonia?

In March 2007, the Government of Ontario provided one-time financial assistance to residents of Caledonia who were directly impacted by the former road blockades and the continuing presence of protesters on the Douglas Creek lands.

What did Ontario do to help businesses in Caledonia affected by the land dispute?

• A financial assistance recovery program was provided to businesses in the Caledonia-Hagersville-Highway 6 areas that suffered losses from disruptions. The program, which ended in August 2006, provided close to $1.4 million in assistance.
• The province also provided Haldimand County with $410,000 in marketing support for local businesses. An additional $90,000 was provided to Haldimand County to develop a comprehensive industrial marketing strategy.

The total value of economic assistance to Caledonia and area was over $2 million.

What did the province do to assist the families that bought homes on the Douglas Creek Estates property?

There were 10 homebuyers who signed agreements to purchase homes with the builders on the Douglas Creek Estates property. Ten homebuyers received refunds from the builders.

The province also provided financial assistance, of up to $5,000, for each of the purchasers of Douglas Creek Estates properties to cover extraordinary costs.

Why is Ontario planning to transfer ownership of the Burtch property to the Haudenosaunee/Six Nations?

In April 2006, Ontario agreed that the former provincial correctional centre, known as the Burtch property, would be transferred to the Haudenosaunee/Six Nations as part of the settlement of Six Nations' grievances. The Haudenosaunee/Six Nations previously expressed an interest in acquiring this particular property. Transferring this land to the Haudenosaunee/Six Nations is a step towards a peaceful settlement of their outstanding grievances.

When title to the Burtch property is transferred to the Haudenosaunee/Six Nations, what will the Haudenosaunee/Six Nations use the property for?

The future use of the land has not yet been determined.

Will the Burtch property become part of the Six Nations' reserve?

The future status of the land continues to be discussed.

Will the Haudenosaunee/Six Nations be given any other lands by the province?

The longer-term discussions with the Six Nations concerning their claims and other issues are ongoing. It is premature to speculate how these issues will be resolved.

When will the Burtch Property be transferred?

The usual due diligence is required in any provincial conveyance of land. The environmental assessments are now complete and land remediation is currently in process.

Why did Ontario purchase the Douglas Creek Estates property?

Purchasing the property from the developers in 2006 responded to developers' needs and concerns, and allowed flexibility for determining the future use of the land through negotiations.

By purchasing the Douglas Creek Estates property, Ontario set the stage for constructive discussions at the Haudenosaunee/Six Nations-Canada-Ontario Main Negotiation Table and for the resolution of longer-term issues related to Six Nations claims.

Since this purchase, the government of Ontario has taken the necessary steps to ensure the safety, security and ongoing maintenance of the site. The Ontario Realty Corporation, as the property manager, has removed unfinished structures, ensured the unfinished infrastructure is safe, addressed community concerns that the site must be cleaned and maintained; and managed soil erosion and drainage on the site.

What is the future plan for the site?

No further decisions about the property or the ownership and use of the land have been made.

Is there a claim against the Douglas Creek Estates property?

The Douglas Creek Estates property in Caledonia is a part of one of the at least 14 claims in the litigation.

How much did the province pay in total to buy the Douglas Creek Estates lands?

In total, the province paid the developer and the builders $21.1 million for Douglas Creek Estates lands, plus an additional $1.64 million in interim assistance. On March 29, 2007, the federal government contributed a $15.8 million payment towards Ontario's acquisition of the Douglas Creek Estates property.

Why is water and power still being supplied to the site? And, who is paying for this?

Phase 1 of the proposed Douglas Creek Estates was already serviced with water and hydro as it was under construction. For safety and health reasons, the province has had to keep the power and water working on the property.

Until the future use of the property is determined, the Ontario Realty Corporation is responsible for managing and maintaining the lands, including the payment of utility bills.