Sewergate cleanup halted among conflict with Haudenosaunee Development Institute

City to request a one-year extension from ministry after failing to negotiate with the Haudenosaunee

The city’s efforts to dredge Chedoke Creek following a 24-billion-litre sewage spill have been temporarily paused, following conflicts with the Haudenosaunee Development Institute. As a result, the city has requested the Ministry of the Environment, Conservation and Parks to extend their Dec. 31, 2022 deadline to Dec. 31, 2023 and to order the HDI to allow the city to resume work.  

The Chedoke Creek cleanup efforts are based on the discovery of an open sewer overflow tank gate from 2014 to 2018. The gate was found to have released 24 billion litres of untreated sewage and stormwater, including 4,200 tonnes of pollutants, into Chedoke Creek and Cootes Paradise. Details of the extent of damage were kept from the public until the Spectator published confidential files in Nov. 2019 outlining the city’s efforts to keep the incident from the public, dubbing it “sewergate”.  

After apologies from the mayor and council, the city immediately received orders from the Ministry of the Environment, Conservation and Parks to evaluate and address the damage. The ministry also pressed charges against the city for violating statutes in the Environmental Protection Act.   

Preparation for targeted dredging of the Chedoke Creek sewage spill started in late-August but was halted several times after disagreements over the HDI’s requests for the City to have their consent and approval, based on treaty rights.  

Matthew Grant, city spokesperson, described the conflict as unresolvable by municipal legislation.  

“And I know, legally speaking, the Crown has a duty to consult. There's no duty to seek consent. We have been engaging with [the HDI] with consultation. The desire to have them as the governing authority seeking consent on the project would require a change in provincial law. And that's not a law that we can change,” said Grant.  

Aaron Detlor, delegate and general counsel for the HDI, referred to the Supreme Court ruling of Tsilhqot’in Nation v. British Columbia in 2014, that the government has a duty to consult and accommodate Indigenous groups, or ask for consent, to avoid infringement on Indigenous titles. He claims that the city has not adequately consulted with the HDI and has not accommodated for the HDI’s independent reviews of the dredging plan by providing funds. 

The city attempted to resume work in mid-September but was faced with obstructions on the construction site by members claiming to be affiliated with the HDI, according to Grant.  

Nick Winters, director of Hamilton Water, described the various disruptions that workers have faced during the project, in a media conference. Issues such as blocking access to the site, refusing to comply with health and safety processes and an incident involving stolen equipment and tools from a dredging machine have prevented workers from continuing the project.  

Detlor argued individuals associated with the HDI have been present at the site, but have not been unlawful, created a nuisance or blocked or stolen equipment. He claimed the city was wrongly attributing such events to the HDI. 

“We talked to the contractor and they realized that [the stolen equipment] wasn't us whatsoever. We had nothing to do with that. And the fact that the city tried to slander us by including us in that allegation, it's not honourable. It's not reasonable. It's not appropriate . . . This is really the city trying to criminalize Indigenous people for exercising rights because the city knows that it messed up,” said Detlor. 

City staff have consulted with the Mississaugas of the Credit First Nation, the Huron-Wendat Nation, the Six Nations of the Grand River and the HDI on hiring Indigenous Environmental Monitors from each nation that attend the work site for the duration of the project, with a pay cap of $40,000. Currently, the HDI has requested their monitors to be compensated $350,000, said Winters.  

“[The request] is far above and beyond what this one has been requested by the other Indigenous nations. And it's also beyond any authority that city staff have, to provide that type of funding to one of the Indigenous nations as part of this project,” said Winters.  

Detlor stated that the extra costs were for independent reviews of city reports and consultations, internal communication with members of Six Nations, information dissemination to Indigenous communities and engagements with the city. 

“The reason that we're here is because we fervently believe that we have an obligation to the environment. We have an obligation to Mother Earth. And we're doing this not because of money, any type of publicity or issues. We just want to see a real cleanup done that puts this creek back in the shape it was or better than it was before the spill,” said Detlor. 

Detlor also stated that the HDI will continue to exercise treaty rights regardless of the outcomes of the city’s request to the MECP. 

The delays as of Oct. 3 have added $466,000 to the original project quote of 6 million dollars. The city has stated that costs will increase by $10,000-$15,000 daily while the city contractor is on standby.  

Winters described factors such as permit extensions and demobilizing and remobilizing contractors as factors that can add additional costs to the project. Moreover, Winters highlighted the potential for the high concentration of nitrogen and phosphorus in the sediment to leach into the water which can create algae blooms.  

With the upcoming municipal elections looming on the horizon, mayoral candidates Keanin Loomis, Andrea Horwath and Bob Bratina have advocated for increased transparency and better leadership for the project if elected.