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At the June 7, 2021 meeting, Haldimand County Council voted unanimously to fly the Pride Flag at the Haldimand County Administration Building for the remainder of June in recognition of Pride Month.
“Haldimand County stands in solidarity with the LGBTQ+ community and supports diversity, equity and inclusivity,” said Haldimand County Mayor Ken Hewitt.
Council also directed staff to review the existing Flag Protocol Policy, which restricts flags flown at County facilities to the Canadian flag, Provincial and Haldimand County flag, for the potential to allow broader recognition practices for important events and to acknowledge the contributions of community groups in the future.
Haldimand County has added two low speed electric vehicles to its fleet. The two new vehicles will be used for municipal enforcement and building inspection purposes starting this summer, as well as community events and activities.
The vehicles were purchased using Community Vibrancy Funds, which ensures a 0% impact on the tax levy. Operation of the vehicles will be limited to urban areas where speed limits are 50 km/h or less and to cross roads with a speed limit up to 60 km/h as permitted by a Provincial regulation and a recently enacted Haldimand County By-law.
The new vehicles are quiet, sustainable, exhaust-free and environmentally responsible, requiring a standard 110 volt outlet for charging and a range of 60 km per charge. “The County has acquired two vehicles to demonstrate environmental responsibility and to help reduce our carbon footprint,” said Haldimand County Mayor Ken Hewitt.
Given the Province’s commitment to new and emerging technologies that can help move people safely, promote transportation modes that are environmentally friendly, reduce air pollution and reliance on conventional fuel, the pilot program will help Haldimand County determine the feasibility of possible future uses.
With the announcement by Premier Doug Ford of Haldimand County’s re-opening in the ‘orange’ or ‘restrict’ stage of the Province’s colour-coded re-opening framework, municipal staff have begun the process to re-open County Arenas.
Beginning the week of February 22, three of Haldimand County’s Arenas (two pads at Caledonia’s HCCC and one each in Dunnville and Hagersville) will re-open for minor sports programming including hockey, figure skating and ringette. The Cayuga Memorial Arena will remain closed for all recreation and the ice removed as the County prepares the facility to become a community vaccination centre in the coming weeks. Preliminary information about community vaccination clinics, including Frequently Asked Questions, is available here.
Residents are encouraged to check the County website regularly for updates about Arena programming, including future public skates and use of the walking tracks.
Effective November 27, 2020, Haldimand-Norfolk Public Health officially declared the COVID-19 outbreak at Grandview Lodge in Dunnville, over.
The Grandview Lodge team, in collaboration with many external partners, were able to contain the initial transmission chain with no further internal transmission identified once the outbreak was declared. The dedication and commitment of the entire Grandview Lodge team enabled containment of the virus, no loss of life, and recovery of all affected residents and staff. Steps are now underway in planning the re-opening of Grandview Lodge.
The impact that social isolation has on residents is fully recognized, which is why it is imperative that appropriate steps are taken to ensure mitigation of further outbreaks. Plans are under way for visits to be re-introduced in a phased approach. An update on the re-opening plan will be communicated with registered families and friends of residents and will be posted to the website soon (dev.haldimandcounty.ca/main_website/grandview-lodge). The re-opening plan will involve training and education for visitors related to infection prevention and control, proper use of personal protective equipment and hand hygiene to ensure adherence to Ministry guidelines and prevent further outbreaks. Details on how to schedule a training session will also be provided.
Grandview Lodge staff and Haldimand County would like to extend appreciation to resident’s family members and the community for the support and words of encouragement offered throughout the outbreak.
On Tuesday, November 3rd, a COVID-19 outbreak was declared at Grandview Lodge Long-Term Care Facility, in conjunction with the Haldimand-Norfolk Health Unit. Three staff tested positive during routine testing and remain at home in self-isolation. The majority of test results have been returned showing 4 additional positive cases – one contracted service provider and three residents. The outbreak currently appears to be contained within one unit of the home. We are awaiting further test results and will provide updates to the community as necessary. Residents are in room isolation where required. A public health management plan has been implemented and staff continue to be diligent. The home has been closed to visitors. Grandview Lodge will take all necessary steps to keep our residents and staff safe. Our thoughts go out to all of the affected individuals and their families.
On Thursday, October 22, 2020, following the granting of permanent injunctions to Foxgate Developments and Haldimand County to prohibit the continued occupation of the development site in Caledonia or on municipal property, a group of protestors began illegal and violent actions to block and vandalize municipal and Provincial property and roads.
While Haldimand County has consistently supported the need for senior levels of government to address outstanding indigenous land claims in our area, the actions of a few that flaunt our basic institutions and the rule of law must be condemned. No matter how important an issue may be, deliberately taking illegal actions that create chaos for others cannot be tolerated. The end does not justify the means in a civil society regardless of historic injustices.
Haldimand County is using all of its resources and influence with the Province, the Ontario Provincial Police and Six Nations to encourage and promote a peaceful restoration of the blocked roads and end to the illegal occupation of lands. We do not believe that the actions taken yesterday reflect the values of the wider Six Nations community, nor have the support of its leaders and we are hopeful that the community will similarly condemn the use of illegal tactics and take action to help resolve the matter quickly and peacefully.
Residents who are impacted by these actions are asked to remain calm and have patience as we work toward a resolution of this very fluid situation. The County is taking steps to ensure that fire and paramedic services remain available to respond quickly to any calls for service and that, as much as possible, adequate traffic management initiatives are in place and all services continue to be provided. Residents are encourage to visit dev.haldimandcounty.ca/main_website for information on road closures and service changes that may occur as a result of the current situation.
Mayor Ken Hewitt said “we recognize how difficult and unfair it is to our community to regularly be dramatically impacted as pawns in a dispute in which we are not a party. The current road blockades and damage to them need to be resolved immediately and anyone who believes in a just and fair society where laws have meaning should be advocating to the Province to take appropriate steps in this regard.”
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.
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
Haldimand County OPP are advising that Argyle St. S between Highway 6 and Braemar Ave, as well as the Highway 6 bypass in Caledonia are currently closed due to an active demonstration. Please avoid the area. For live updates and alternate routes visit https://511on.ca/ or www.waze.com/livemap.
At the June 7, 2021 meeting, Haldimand County Council voted unanimously to fly the Pride Flag at the Haldimand County Administration Building for the remainder of June in recognition of Pride Month.
The new vehicles are quiet, sustainable, exhaust-free and environmentally responsible, requiring a standard 110 volt outlet for charging and a range of 60 km per charge. “The County has acquired two vehicles to demonstrate environmental responsibility and to help reduce our carbon footprint,” said Haldimand County Mayor Ken Hewitt.
