Time to smash the rebellion

Vincent J. Curtis

24 Oct 20

RE: This land is our land.  The aboriginal occupation of the Foxgate Development site in Caledonia resumed after a judge made permanent an injuction barring non-Foxgate employees from the site.  The protesters claim that, in some mysterious way, hold title to the land and are saving it from development by colonialists.  Not surprisingly, many occupiers aren't from the Six Nations Reserve, coming from as far away as Toronto.  In the background is the concept of band title, for within band lands there is no such thing as personal title to land in fee simple.  This is to prevent Indians from selling to whites, and the reserve gradually becoming owned by whites.  Hence, the only possible justification for a land claim is that the band still holds title, not some collection of individuals.

The basis of the latest dispute in Caledonia is that the Foxgate Development land belongs to another entity.  But who?  Does it belong to the Six Nations band, or to someone personally?  Those are the only two options.

Title to the land was surrendered by the Six Nations band in the 1830s.  Foxgate Developments, which acquired title in good faith, gave the Six Nations band cash and property elsewhere as “compensation,” which is another term for protection.  Six Nations got paid twice for the same piece of real estate.  The “our” in “our land” does not comprehend the Six Nations band.

It cannot comprehend any other band.  The Haldimand Tract was purchased from the Mississaugas in the 1780s, and they aren’t claiming it.  The group that is occupying it now is not a band, and even if they were, it never had title.  None of the individuals involved have ever had title or a claim to title.  So, the statement that this is our land rests on nothing but force.

The demonstrators are trashing the Six Nations’ claim to being a “nation.”  The elected band council has become farce.  A sign of sovereignty is control, and the council makes no effort to control its band members in the dispute.  Significantly, it is not condemning the occupation.  This is a sign of weakness.

Against rebellion both to the band and the Crown, there is nothing to do but smash it.  There's no fixing stupid.

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