The Waterdown Bypass archeology work has been paused after the City of Hamilton failed to address the Haudenosaunee Development Institute’s (HDI) concerns regarding engagement requirements and the project’s infringement on treaty and inherent rights.
The HDI has been issuing emails regarding engagement for the past several months to ensure that the Waterdown Bypass, which runs through the Haudenosaunee treaty territory, develops in accordance with Haudenosaunee laws and values.
The City of Hamilton has been neglecting engagement requests and continuing development regardless of concerns raised by the Haudenosaunee Confederacy Chiefs Council (HCCC).
According to the Municipal Class Environmental Assessment (MCEA), the City of Hamilton is obligated to engage with Indigenous Nations that could be affected by the project. However, in the project’s original MCEA, HDI identified 26 specific points of engagement, such as contemplating the Nanfan Treaty, that the City failed to address. When HDI asked the City of Hamilton for documentation to refute allegations of negligence they were unable to provide any response.
HDI confirms that the Waterdown Bypass Project will infringe upon rights protected under the Nanfan Treaty, including the right to the free and undisturbed use of land for harvesting.
The City of Hamilton has also failed to address mitigating future potential infringements, such as those arising from pollution and population increases.
The City of Hamilton’s approach contradicts multiple legislative frameworks that govern good-faith relationships with Indigenous Nations. The Provincial Policy Statement, to which Hamilton is bound, emphasizes the importance of engagement with Indigenous Nations on planning matters that could impact section 35 rights in the Constitution Act.
Hamilton’s failed response to HDI’s concerns about the infringement of treaty rights contradicts the City’s own Urban Indigenous Strategy, which adopts the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a binding policy.
Haudenosaunee Confederacy Chiefs and Clanmothers have made sincere efforts to work with the City of Hamilton, but the persistent disregard for the HCCCs concerns raises concerns as to whether Hamilton is acting in good faith.
HDI hopes the city of Hamilton does not jeopardize the integrity of their own policies and ensure the Westdown Bypass Project develops consistent with Haudenosaunee laws and values.
