Six Nations official says no consultation done in Cambridge warehouse development

A community group againsta proposed warehouse developmentnear the Grand River inCambridge, Ont.,is urging city council to halt the project afterlearning members of Six Nations of the Grand River may not have been properlyconsulted, according to documents obtained by CBC News.

"While we think we've been disrespected in this process, it's pretty clear the Six Nations of the Grand River have been disrespected for more than 150 years," saidAlan Van Norman, co-chair of Blair Engaged, the groupwhich formed earlier this year to raise an alarm over the lack of community consultation fortheproject.

The group is expected to send a letter addressed to theCambridge mayor andcouncil onTuesday, along with a letter fromSix Nations Lands and Resources DirectorLonny Bomberry, which both describethe lack of consultation.

Broccolini Real Estate Groupis developing a 100,000 square metrewarehouse with 110 loading docks and parking for more than 800 automobiles and 350 transport trucks on Old Mill Road in the Blair area of the city.

Cambridge city council voted unanimously to endorsea Minister'sZoningOrder (MZO) for the warehouse in April. An MZO allows the provincial minister of municipal affairs and housing to bypass local planning rules to spur development. In order for the development to be finalized, Cambridgecity council must next approve a site plan application and then issue a building permit.

Localscame together asBlair Engagedafter alack of public consultation in theMZO approval process. The groupis now calling for thezoning order to be rescindedand formore consultation on the project.They have also hired David Donnelly from Donnelly Law to help bolster their efforts.

'Unhelpful' discussion with developer wasnot consultation: letter

In Bomberry'sletter addressed to Donnellyon Oct. 7, hestatesthe land slated for the proposed warehouse belongs to Six Nations and should require consultation, at the very least.

The land falls withinthe Haldimand Tract, which includes 10 kilometres on either side of the Grand River. It was granted to Six Nations of the Grand River in 1784 for allying with the British in the American Revolution.

TheHaudenosaunee Confederacy Chiefs Council, the traditional government of the Six Nations, made acall earlier this year for a moratorium on development of the area.

A recentdemonstrationby Six Nations land defenders that lasted a yearforced the cancellationof a major housing project in Caledonia, Ont. There's also a current occupation at the Arrowdale Golf Course in Brantford, Ont., in an attempt to prevent the sale of the property by the city.

"We are very displeased that both the City of Cambridge and the proponent, Broccolini Real Estate Group, have failed in their responsibility to consult with us to receive our free, prior, and informed consent," readsBomberry's letter.

Bomberrywrote thatthe city's planning department wouldn't meet with the Six Nations of the Grand River Consultation and Accommodation Process (CAP) team.

He also saidhe eventually set up a meeting with the developersbut received answers he called "very vague" or "in some cases misleading and not helpful in allaying our concerns about the environmental impacts of this proposed project."

"As the discussion CAP team had with the Broccolini Group could not in any way be interpreted as consultation, [Minister of Municipal Affairs and HousingSteve Clark]used his power to grant an MZO in a manner inconsistent with the honour of the crown, by failing to meaningfully consult and accommodate First Nations as required," he wrote.

Bomberry declined to comment to CBCon the letter, but confirmed its authenticity. Six Nations also didn't respond to requests for comment.

Province says city responsibility to consult

Broccolini spokesperson Jean Langlois wrote in an email the company"has followed and will continue to respect all municipal and provincial processes in place through all stages of the development, including consultations with First Nations, which have already been held."

He didn't offer any more detail on the consultations when asked.

Langlois said the upcoming site plan application which is being submitted to the city for approval includes studies and impact assessments on all aspects of the project ranging from noise and traffic to wetland preservation and heritage policies, among other things.

City spokesperson Susanne Hiller said in an email a representative from "First Nations"asked to meet with the city before the province approved the MZO. She did not confirm whether a meeting occurred, saying onlythatthe city was willing to meet but "asked thatMinister or ministry officials, as the approval authority for the MZO, be included as part of that discussion."

She did say however that she was aware the developers"met with First Nations and other stakeholders," she wrote.

Hilleralso saidthe cityis still waiting on a complete site plan application fromBroccolini. Once received, various agencies, stakeholders and First Nations will be able to comment on it.

Supporting studies for the plan will also be posted onlineand a traffic study and heritage impact assessment will be presented before council and open for delegations, according toHiller.

City council will then vote onthe plan.

The province has already faced broader criticism for theMZO process as a tool to fast-track developments.

Conrad Spezowka, a spokesperson for the Ontario government, wrotein an email the province issued the CambridgeMZO at the request of the city to "get shovels in the ground faster for a warehouse distribution centre, helping create up to 1,400 jobs and support the City's ongoing response to COVID-19."

Spezowka said the province doesn't own that piece of land.

"It is our expectation that municipalities do their due diligence and consult in their communities, including with Indigenous communities and local residents, as part of any request for an MZO sent to the Minister for consideration," he wrote.

"In addition, the Minister had previously sent a letter to the municipality encouraging meaningful engagement with local communities who may be impacted by the requested MZO."

'Repeating history' with First Nations

Donnelly told CBC News if the city doesn't hold a public consultation or reverse the MZO, it's a "slap in the face" to locals and Six Nations.

"A failure to hold a public meeting to discuss the MZO would be a blatant act of hypocrisy for anyone who readsthat Indigenous territory land acknowledgement at the beginning of every council meeting," he said.

Donnelly saidif the city doesn't rescind the MZO, itcould also lead to a request for a judicial review of the MZOapproval process. He added archeologicalassessment documents for the developmentare also under review to determine ifthe land hasculturalsignificance.

He pointed toother Ontario cities includingPickeringand Stratford, where city councilslistenedto communityconcerns and rescinded MZOs for similar proposals.

Cambridge's Ward 4 Coun. Jan Liggett, who has pushed back against what she callsthe"Amazon-style"development after initially voting for it, said she is not optimistic the city will change course.

She said her attempts to have council reconsider including publicconsultation have gone unsupported.

Liggett said it doesn't bode well for its relationship with Indigenous communities.

"We're just repeating history here, we're saying we consider you equal, we're saying we need tomake you part of our day-to-day decisions and have respect for you, but yet we'rerepeating past history. And we wonder why blockades happen."