Is Detlor plan a positive step forward?
Depending on one's point of view, the Haudenosauee Development Institute is either offering a palatable solution to the Haldimand Tract problems, or holding developers for ransom.
The Tract, six miles on each side of the Grand River from Lake Erie to its source, was created by proclamation in 1784 as "a convenient tract of land" for the Mohawk Indians and others of the "five nations" which "them and their posterity are to enjoy forever."
The tract was established in the reign of King George Third "in consideration of their early attachment to his cause."
That was a long time before Canadian Confederation and the subsequent establishment of the Six Nations Reserve and such things as the Simcoe Patent and the Indian Act. Generally, it might be fair to say that the Tract was largely disregarded by the federal and provincial governments. Too, the Canadian public by and large was unaware of the Tract's existence.
Issues related to the Tract began to simmer when "the women titleholders" of the Six Nations asserted, essentially, that they continued to have ownership. The issues might have reached a boiling point with the occupation at Caledonia.
Last August, Six Nations sent notices to all municipalities within the Tract, outlining their position.
Since then, the municipalities have notified Six Nations of all planning and development. Recently, the HDI has begun seeking development charges from private developers. Premier Dalton McGuinty has advised developers not to pay, but developers have been quoted as saying the provincial government has offered no support.
Aaron Detlor, a Toronto lawyer representing the HDI, said in a phone interview Tuesday that the aim of the Institute is to work out a solution that would be of benefit not only to the Six Nations (or Haudenosauee) but to the Canadian public as well.
As matters stand, he said, "there is a significant cloud on the title" of every property within the Tract. Bankers, he said, are beginning to shy away from funding developments as they "want absolute security." He added that some developers have started coming to the table.
He said the provincial land titles system does not afford protection for homeowners in such circumstances as the Tract. "There's no insurance under Land Titles. The province has no system to protect (home and business owners). The province has left the people blowing in the wind.
"What (HDI) is doing is not all that radical. We want to benefit to the same extent as the municipalities." He said the funds generated would be used for the betterment of the native population, in such as education.
In return, he said HDI would be offering the Canadian public a way in which they could show the bankers they had in effect resolved any land claim issues.
Mr. Detlor avoids discussing any perceived injusstices of the past. "The past is the past. Now we need to work out a solution (with a view to the future)."
At one time, the Haudenosauee might have expected the province to offer a solution. Now, he said, the HDI would "work out a solution with or without (the government of Ontario)."
Part of that would be educating the public about (land claims on the Tract). "The people should be aware. If buying, you should know about (potential title problems)."









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