The investigation of an Indigenous burial site discovered in Riverdale more than a year ago has been stalled by a breakdown in communication between the City of ÎÚÑ»´«Ã½ and a First Nation.
The Star has learned the Haudenosaunee Confederacy Chiefs Council has refused to sign off on a plan to examine the remains found during a water main repair.
The site, in the middle of a residential sidewalk across from Withrow Avenue Junior Public School, has been blocked off and under 24-7 security since January 2024.
“We put the blame for the delay and for nothing happening squarely at the feet of the City of ÎÚÑ»´«Ã½,†said Aaron Detlor, a delegate with the Haudenosaunee Development Institute, which represents the Haudenosaunee Confederacy Chiefs Council.
“We continue to write to the City of ÎÚÑ»´«Ã½ over and over again, asking for engagement not only on the remains, but on the process that they have undertaken with respect to a burial site investigation. We got no response.â€
The accusations offer new insight into what is unfolding on the east-end street, amid deep frustration — and a desire to make sure the mistakes of the past when it comes to dealing with Indigenous remains are not repeated.
‘A very spiritual, significant sacred site’
Once the Withrow Avenue location was confirmed to be an Indigenous burial site, the province’s Ministry of Public and Business Service Delivery and Procurement ordered the site sealed to protect it.
That move triggered a burial site investigation, or BSI, which requires agreements with the First Nations, and an archeological reportÌýfrom the land owner, which then help determine what to do with the remains. (In 2024, there were 33 BSIs in Ontario, up significantly from 12 in 2023 and 15 in 2022.)
Asked to clarify how long the typical BSI takes, a ministry spokesperson said they can take months or even years,Ìýdepending on various factors, including the actions of theÌýlandowner and the licensed professional archeologist’s investigation strategy.Ìý
A security guard has been stationed at an ancient burial site on Withrow Avenue since it was first discovered more than a year ago.
A security guard has been stationed at an ancient burial site on Withrow Avenue since it was first discovered more than a year ago.
For work to proceed on the Withrow site, allÌýthe Indigenous nations that have treaty rights and which lived on the lands that now form the city of ÎÚÑ»´«Ã½ have to sign agreements with the city to move forward.
The Star has learned that the Mississaugas of the Credit First Nation and Six Nations of the Grand River have signed, but the Haudenosaunee have not yet.
Detlor said his group is certain that the remains are Haudenosaunee and that they are part of a large ossuary.Ìý“We have oral and historical evidence about this being a very spiritual, significant sacred site, going back thousands of years for the Haudenosaunee.”
Communications that Detlor shared with the Star show his group reached out to the city as soon as the remains were discovered, asking to give input. They had a meeting with city officials in March of last year, then sent a followup email in April and say they haven’t heard anything back since.
According to Detlor, 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 projectsÌýin the area to ensure they don’t disturb any other remains;Ìýa site visit; and to work to set up a response plan.
One of the main points of contention, Detlor said, is that they wanted to have input on which archeological firm was to be hired to do the BSI.
“We wrote to the city of ÎÚÑ»´«Ã½ in February, saying we want to participate on which archeologist is hired to do the site disposition,” he said, adding that they heard nothing from the city, which ended up hiring an archeologist without consulting the Haudenosaunee.
Detlor said this caused “more problems, a breakdown in communication and a breakdown in relationship, because the city of ÎÚÑ»´«Ã½ refused to honour a very simple request to sit down and talk about which archeologists would be appropriate.”
The city hired Archaeological Research Associates Ltd., a Hamilton-based archeological research firm, founded in 1972, which describes itself as Ontario’s oldest heritage archeological firm. ARA did not agree to an interview with The Star. As part of its core values, as outlined on its website, it “acknowledges Indigenous stewardship over their own cultural properties, the ongoing trauma of Colonialism, and the burden it imposes on us to decolonize all aspects of our practice.”
Detlor said ARA then approached the Haudenosaunee for permission to begin work, and they refused, which is why the investigation has yet to really begin. He said that they might not have objected to ARA, but the lack of consultation is another sign the city is not taking their concerns into account — just as other First Nations had to watch as remains and other burial sites were excavated without their input for centuries.Ìý
‘This is a complex discovery’Ìý
A security guard has been stationed at an ancient burial site on Withrow Avenue since it was
Krystal Carter, a city spokesperson, said the city remains in contact with the Indigenous groups, but she would not comment on the Haudenosaunee’s specific accusations.
“The city of ÎÚÑ»´«Ã½ remains committed to communicating with First Nations groups once we have a significant update to share. While we cannot speak to specific agreements at this time, we can confirm that these agreements needÌýto be in place before any further actions can be taken,” said Carter. “This is a complex discovery involving multiple collaborators and diverse perspectives that requires careful deliberation. This process takes time.”
The city will also continue to do any other necessary work on Withrow Avenue, but with additional precautions to prevent any major disturbances to the burial site.
“This may cause delays,” added Carter. “We thank local residents for their patience and understanding throughout this process.”
‘It’s been hard to get answers’
Many residents the Star interviewed in the neighbourhood said they were concerned about how nothing seemed to be happening at the site, though none were willing to go on the record because of they were sensitive to the concerns of the First Nations groups.
“This is an incredibly complicated situation and it’s been hard to get answers,” said Paula Fletcher, the local councillor. “I have heard from residents who are unhappy that so little has happened since the remains were discovered.”
Many of the residents who spoke complained about the expense of having a security guard at the inactive site 24/7, sitting in a constantly idling car. The city confirmed that it has cost $344,000 to guard the site, and that the 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, but added that there haven’t been any issues since.Ìý
The city said it will maintain round-the-clock security at the site however long it is necessary until the issues are resolved.
The ugly historyÌý— and a turning point
The Riverdale areaÌýwas populated by several Indigenous groups, as it was on the banks of a river theÌýAnishinaabe called Wonscoteonoch, meaning “the river coming back from the black burnt country,” which was 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.
First Nations have objected toÌýhow their burial sites have been treated for hundreds of years in Ontario, giving them little or no say over what happened to lands. Many remains have been found and moved by archeologists. One site was turned into a theme park-like attraction. While Indigenous communities voiced concerns for years, it wasn’t until the 1970s that they started be given significant consideration.Ìý
A burial site found during a construction project in Grimsby in 1976 proved to be the turning point.
Archeologists from the Royal Ontario MuseumÌýstartedÌýexcavations, aÌýmove that so angered the Indigenous community that Six Nations members made a citizen’s arrest of the ROM’sÌýWalter Kenyon as he was working on the site. He was eventually let go, but it led to further discussions about the need to change how burial sites were handled.
Over the next few decades, there was a rise in professional standards and ethics by archeologists, as well as a better understanding of Indigenous rights and how to deal with burial sites.ÌýNow the process is encoded into law and covered by theÌýFuneral, Burial and Cremation Services Act
The site on Withrow sits across the street from Withrow Avenue Junior Public School, which itself is built on one of the largest archeological sites found in ÎÚÑ»´«Ã½’s history.
The plaque that marks the site seems like it could also serve as a warning for the new Withrow site: “In 1886, workers building a road disturbed an archeological site near here. David Boyle, Ontario’s first professional archeologist excavated tools, pottery, and 30 to 400 sets of human remains (the precise number is not known), which suggest a nearby village, most likely Wendat.
“The work was not meticulous, and many of the remains were lost. More than 200 years of the development have destroyed much of the archeological evidence of the Indigenous presence in the area.â€
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