Mike Quattrociocchi just wants to build ... NOW ... so if there is anything wrong with his 'titles', he can pass the problem on to the new home owners while he's "laughing all the way to the bank", as Floyd Montour says. Nice plan Mike has. Not exactly 'best practice' in business, imo, but it's good enough for Mike Q and Mike H and Brantford City Council! Of course, some citizens differ and say the town houses they're building on the bank of the Grand River are not exactly examples of 'best practice' in building either. The neighbours and others are upset too as they hoped for a public riverfront instead of one blocked by multi-housing. Let's call it what it is: Mayor Mike Hancock and the Brantford City wrecking crew, in a feeding frenzy to pave as much land as possible, with the blessings of Dalton McGuinty's Ontario, aka 'the Crown'. Of course, just where the 'honour of the Crown' comes in to all this is not yet clear. In fact, 'the Crown in Right of Ontario' appears to have abdicated, leaving communities victims of greed and dangerously bad planning, destroying greenspace and habitat for both wildlife and people. The willy-nilly distribution of provincial and local development approvals allows bad building practices to flourish. It is incomprehensible that Mike Q thinks 'talking' is enough when he has no agreement: It has become increasingly common for industrial proponents of development projects to rely on direct communications and consultations with Aboriginal groups, and agreements resulting from those consultations, as a means to manage project risks associated with governments’ failure to consult, or consult adequately, with Aboriginal groups about the proposed project or development. The increased clarity resulting from the Haida and Taku decisions may reduce, but not eliminate, risks associated with the adequacy of Crown consultations. While the Supreme Court has clarified that third parties cannot be liable to Aboriginal groups for the Crown’s breach of duty, the permits, licences and other authorizations granted by the Crown remain subject to legal challenge, which can have an equally significant impact upon the recipients of such Crown authorizations. Thus, third parties will still have an interest in seeing that the government properly discharges its duty (and in the least time possible). In addition, industrial proponents are likely to continue to rely on direct negotiations / consultations with Aboriginal groups to reduce the risk of challenges to its Crown authorizations (as well as to comply with any statutory or contractual consultation obligations). So there you go. You take the risks, you take the consequences. And given the information available the risks are looking more foolish all the time. I mean, it isn't as if 'the Crown' in flowing robes and magic wand is going to swoop in and save Mike Q's title from dishonour. The 'duty to consult' is in effect regardless of particular 'land claims' resolution, due to Six Nations valid title via the Haldimand Proclamation (the basis of the offer for the Welland Canal lands). Six Nations title to the Haldimand Tract is valid. It's up to the federal government negotiators now to provide proof of ownership of any of it. The difficulty the government has is that it has documents aplenty ... surrenders, leases, sales ... but the government cannot provide an accounting for the money due to Six Nations for those transactions. If you don't get paid, transactions are null and void, so the land reverted to Six Nations when the terms of the agreements were in default, and it is their land. I think Mike Q needs to look to the courts and suing the governments, as others are doing, for resolution of his own 'land claim' against the government. His 'Crown title' just isn't up to the 'challenge' and now it appears the Crown has pretty much abdicated both duty and honour in Ontario anyway.
“Nothing’s changed from the original dispute,” said (Quattrociocchi) the former city councillor. “They say it’s native land and want me to consult. I’m tired of consulting. It means we talk and they say, “It’s native land and we want money.”
Sunday, October 05, 2008
Six Nations, Brantford, Quattrociocchi Brantford Expositor, Sept 30/08: Builder’s project sparks opposition