Chedoke Creek dredging paused amid dispute

Representatives of Six Nations hereditary leaders want the city to pay for environmental monitors to ensure treaty rights during the dredging of a sewage-polluted west Hamilton creek.

The request comes amid consternation over a lack of consultation with the Haudenosaunee Development Institute (HDI) over the $6-million Chedoke Creek dredging project, a spokesperson says.

One of the reasons that we think that that is important is because of the secrecy that surrounded all of the issues that have transpired here," lawyer Aaron Detlor said Wednesday.

The province ordered the dredging project after The Spectator revealed in 2019 the city had kept secret the magnitude of a four-year, 24-billion-litre sewage spill into Chedoke and Cootes Paradise.

The initiative - for which the city says it has paused" preparatory work in response to the HDI's concerns - is anticipated to suck up 22,000 tonnes of sewage-laced muck from the creek and expected to be done by December.

On Monday, contractors deposited a dredger into Chedoke not far from a fenced-off bridge that leads to the entrance of Kay Drage Park, where they have set up a prep site.

Detlor argues the city and province alike have failed in their duty to involve the HDI, which represents the Haudenosaunee Confederacy Chiefs Council, in project planning.

Hamilton is covered by the Dish with One Spoon Wampum Belt Covenant treaty with the Anishinaabe, Mississaugas and Haudenosaunee. The Between the Lakes Purchase treaty with the Mississaugas of the Credit First Nation of 1792 also applies to the city.

In a brief emailed statement Wednesday, the Ministry of the Environment, Conservation and Parks said it was no role in providing guidance in this matter" and added the city is responsible for remediation efforts" in the creek.

For its part, the city noted its contractor initially had planned to start dredging in late August and said consultation with local First Nations is ongoing."

Moreover, staff are responding to the HDI's request for an environmental monitoring agreement" while they continue to consult with the ministry and update officials on its status, the city's email stated.

In addition to the Chedoke issue, Detlor has publicly argued the city fell short of engagement with the Haudenosaunee on other municipal initiatives, including a potential widening of the Red Hill Valley Parkway.

The HDI has also called on Metrolinx to meaningfully engage" with leaders on rail lines planned through historical Haudenosaunee territory and advised of potential service delays next month to allow for independent assessments relating to treaty rights.

At the creek Wednesday, Trevor Riley Bomberry said he'd serve as interim" monitor ahead of a prospective agreement to allow for longer-term HDI observers with environmental expertise.

The Haudenosaunee want the creek cleaned up but wish to ensure it's done right," said Bomberry, who described his role as confederacy treaty liaison. We don't know unless we're being involved in it. This is our territory."

He and Detlor walked onto the bridge to examine the work site over the protestations of Milestone Environmental Contracting Inc.'s senior project manager, who later accompanied them on the walkabout.

HDI monitors work at a rate of about $150 per hour, Detlor said, noting for the dredging, two would be on-site for six-hour days, but not necessarily full-time for the entire project.

Detlor said it's not fair, reasonable or appropriate" for HDI to foot the bill given the city is responsible for the leak, which was caused by an open overflow tank gate. He said the monitoring cost is almost insignificant" compared to the overall price tag of the $6-million project.

Teviah Moro is a reporter at The Spectator. tmoro@thespec.com