City claims Six Nations group blocking Chedoke Creek cleanup | TheSpec.com - Hamilton Spectator

The city says the cleanup of sewage-ravaged Chedoke Creek is being prevented by regular canoe trips into the dredging area by members of a Haudenosaunee group who say they are exercising treaty rights.

Group spokesperson Aaron Detlor said Thursday he disputes the idea that the visits are preventing a cleanup — but also vowed members will be a "full-time, constant presence" until the government commits to appropriate consultation.

The province ordered a cleanup in the west-end creek in 2019 after The Spectator revealed the city had kept secret the magnitude of a four-year, 24-billion-litre sewage spill.

A $6-million project to vacuum pollution out of the creek was supposed to start in August — but work has largely been on hold ever since representatives of Six Nations hereditary chiefs called on the city to consult and seek consent for the proposal, citing Indigenous treaty rights.

Detlor renewed that call in a critical opinion piece accusing the city of ignoring treaty rights recently published in The Spectator.

Work was supposed to start last week — but the city says repeated visits to the work site by individuals linked to the Haudenosaunee Development Institute have made it "impossible to proceed" for safety reasons.

Late last week, individuals set up a tent and started a campfire beside the beached dredging machine and stayed there until Tuesday, according to a written update to councillors.

The tent and firepit have since been removed, but individuals are also paddling into the dredging area in a canoe and in some cases tying a vessel to machinery. In each case, the individuals have said they are exercising treaty rights.

"But if you do that right near heavy machinery, we can't operate that machinery," said city spokesperson Matthew Grant. Similarly, he said safe dredging cannot happen if visitors are paddling in the area or visiting without safety gear.

Detlor said Thursday he doesn't believe site visits by the Haudenosaunee pose a safety risk, suggesting the city's issue is with the provincial Ministry of Labour instead.

"That's not what's stopping work from happening. What's stopping it is the city has not engaged or consulted ... properly," he said, adding either the city or province need to sit down with the group for "good faith" discussions about the project.

The city has said it cannot seek "consent" from the Haudenosaunee for a project ordered by the provincial government. Hamilton's contractor has previously warned if dredging did not start in early October it may not meet the end-of-year provincial deadline to complete the cleanup.

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