ÎÚÑ»´«Ã½

Located in the middle of a residential sidewalk across from Withrow Avenue Junior Public School, it has been blocked off and under 24-hour security, which has cost the city more than $450,000.

In March, the Star first reported that the Haudenosaunee Development Institute (HDI), representing the Haudenosaunee Chief’s Council (HCC), had not given approval for the city and its hired archeologist to proceed with work on the site, as they were upset at how the remains had been handled, and claimed the city had not been communicative.

On Monday, the city held a media briefing to give an update on the Withrow Avenue site and how they plan to move forward. The city said they have spoken with 11 Indigenous and First Nations groups, and 10 have given their permission to move forward, actively advising the city and its hired archeologists on how to move forward.

“After 19 months since this discovery, we need to resolve this matter. The ancestors deserve this, � said Will Johnston, deputy city manager. “I recognize that this has taken longer than we would have liked, but given the criticalness of the situation, we need to ensure we are doing this right.�

The Haudenosaunee are asking for five things: a meeting with the mayor and senior city officials; a monitoring agreement over the site; an agreement with the city over ÎÚÑ»´«Ã½ Water projects in the area to ensure they don’t disturb any other remains; a site visit; and to work to set up a response plan, said Aaron Detlor, a delegate for the HDI.

Whenever remains are found during construction or a development, that triggers a Burial Site Investigation (BSI), which requires agreements with the First Nations, who have treaty rights or other historical claims to the area and an archeological report from the landowner, which then helps determine what to do with the remains. BSIs can take months or years, and sometimes there are disputes between municipalities and First Nations groups, which can also cause delays.

All parties except HDI and HCC felt the need to move forward amid pressure from the province and other Indigenous groups and First Nations that want to see these ancestors’ situation resolved.

Lou Di Gironimo, head of ÎÚÑ»´«Ã½ Water, said that HDI and HCC demands are too much.

Claire Sault, chief of the Mississaugas of the Credit First Nation (MCFN), said the HDI do not have a right to the lands.

“Let me be clear. Let me be blunt. The group of individuals calling themselves the HDI,â€� said Sault, “these are not their lands, they have been asserting false claims here.”

Sault said the MCFN has treaty rights to the land, and that if other nations have an issue, they can speak to them nation to nation. Sault added that the Haudenosaunee are using these types of demands to strong arm and “blackmail communities.�

Part of the issue is that the Riverdale area was populated by several Indigenous groups, as it was on the banks of a river the Anishinaabe called Wonscotonach, meaning “the river coming back from the black burnt country,� later renamed the Don River by John Graves Simcoe. The Wendat and Mississaugas were also known to travel in the area, and Withrow Avenue Junior Public School is built where a Wendat village once stood. The Haudenosaunee moved into the area in the 17th century. But there are several First Nations with ties to the land.

The city originally hired Archaeological Research Associates Ltd., a Hamilton-based firm but they are no longer on the project, and the city has hired ASI Heritage, a ÎÚÑ»´«Ã½-based firm that said it too wants to move forward in a respectful way.

“ASI has been engaged by the city to lead the work. And we are here to ensure that it proceeds with care, sensitivity and the professionalism that this moment requires,â€� said Lisa Merritt, a partner and director at ASI. 

She said the next steps are to start work on the site, but she also admitted that there’s no way to know how many remains are there, and how big the site could be.

While the future of the site is debated, the city has had to follow burial site protocol, securing the site with security guards around the clock since the discovery, which has cost upwards of $465,000.

Many of the residents who spoke with the Star previously complained about the expense of having a security guard at the inactive site 24/7, and that the security vehicle has been the target of two incidents in which its windows were smashed. The city said staff “took immediate action to prevent future occurrences,� but wouldn’t specify what was done.

Detlor said the city has not engaged in meaningful conversations with HDI in months, and that they plan to peacefully and legally disrupt anything that occurs on the site. He believes their demands are not unrealistic, and other communities have agreed to similar requests, including Peel Region and Hamilton.

The HDI also pointed to the fact that some of the remains have been left in a work truck since they were discovered, which the city admitted was the case, but said it was because once the remains were found, they were ordered to secure them where they were. 

While all involved say they want to find a way for the ancestor’s remains to find peace, the issue has pitted Indigenous nations against each other. 

“We’re the only ones who have the treaty rights over this particular area. And we’re the ones that can historically trace our presence here in ÎÚÑ»´«Ã½ to this actual site, and the attempt to use other groups is a way to undermine our constitutionally protected rights and interests,â€� said Detlor.