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Investigation into Niagara burial ground paused after concerns from Haudenosaunee group

April 9, 2023

Port Colborne was set to dig in area where, according to technical memo, remains of 9 people had been found

A row of homes.
A row of houses in Port Colborne is the site of a burial ground that unearthed human remains and Indigenous artifacts. (Google Maps)

CBC News: Work to investigate a burial ground that unearthed human remains and Indigenous artifacts in the Niagara Region has been paused after a group says they haven’t received enough engagement about the matter. The City of Port Colborne, close to Lake Erie and the Welland Canal, was set to start an archaeological investigation into a burial site located on Sugarloaf Street and Isabel Street on April 10, after council approved the plans on March 28.

Haudenosaunee Development Institute (HDI) told CBC Hamilton the work has been paused after it told LHC Heritage Planning & Archaeology, the firm leading the investigation for the city, it needed more information before entering into an agreement. “They put in one phone call and are pretending it’s engagement,” said Aaron Detlor, a lawyer with HDI, a group connected to the Haudenosaunee Confederacy Chiefs Council based in nearby Six Nations of the Grand River.

The city also confirmed to CBC Hamilton the work would be paused. “We are committed to engaging with the Indigenous community and are always looking to learn more about the best ways to do so,” read an email statement from Steve Shypowskyj, Port Colborne’s public works director, on Thursday.

A Haudenosaunee expert says the Port Colborne investigation is likely to be a significant site. “There’s a very good possibility there would be some significant evidence of extensive trade routes,” Rick Monture, a McMaster University associate professor in the departments of English, cultural and Indigenous studies, said. “These are the types of places that will turn up artifacts from the midwest United States or even Mexico sometimes.”

Human remains of 9 people found: memo

A technical memorandum from LHC on the investigation was sent to the province in March and shared with at least one First Nations group. The memo, obtained by CBC Hamilton, dubs the site the Sugarloaf Cemetery. It details the boundaries of the search and what’s already been found.  The study area spans roughly five properties and is across from the Port Colborne hospital.

The memo says the investigation was triggered after Kitchener-based consulting firm Archaeological Research Associates identified partial remains of at least nine individuals in a utility trench leading from the city’s right-of-way on Sugarloaf Street to 235 Sugarloaf Street. The memo states the search also found Indigenous artifacts and noted the area had been “appreciably disturbed.”

It is unclear when exactly the group made the discovery and why they were digging in the area. According to a recent report to Port Colborne council however, the city was told in May 2022 that the province knew about the burial site and asked the city to investigate. 

An image from a technical memo.
A technical memo shows the Sugarloaf Cemetery in yellow and the site of the investigation in red. (LHC Heritage Planning & Archaeology)

The memo says the findings were “unsurprising” given how close the site is to Lake Erie and how it is within a kilometre of Tennessee Avenue and Solid Comfort Cemetery — both of which are documented Indigenous archaeological sites. The memo states the burial ground appears to have been active starting in the early 1800s. It was “formally closed” in 1921 after at least two homes were built in the area. 

LHC’s investigation is considered a Stage 4 hand excavation with a goal “to identify, document and recover human remains,” as well as other artifacts. Any remains found will be cleaned, according to the memo, and an analysis will determine the minimum number of people, as well as their age and sex.

First Nation rep ‘confident’ there aren’t human remains of Indigenous people

Shypowskyj said the city is spending $435,000 on the investigation, which will cover staffing, Indigenous site monitors and a final report. He said Six Nations of the Grand River and Mississaugas of the Credit were on board with the plan. Mark LaForme, Mississaugas of the Credit First Nation’s consultation and accommodation director, said in an email he’s “confident” the site isn’t an Indigenous burial ground and doesn’t contain Indigenous human remains. He didn’t provide further explanation as to why. 

A row of homes.
There have already been partial human remains unearthed from the area, according to a technical memo sent to the province. (Google Earth)

However, he said he’s looking to the city to partner with the First Nation by signing an agreement to ensure if any Indigenous human remains are found, “appropriate steps and actions will be taken.” “Beyond this, it is our hope that the city will consider implementing a pre-consultation process… which is an effective method to begin meaningful consultation and engagement,” LaForme said. Six Nations didn’t immediately respond to requests for comment.

Councillors express concerns about timing

Shypowskyj said once the project begins, there will be some mechanical work involved to strip the hard surface layer before hand-digging that will go roughly 1.2 metres beneath the surface in a grid, cataloging anything found along the way. Sugarloaf at Isabel will be closed for roughly a month and traffic at Sugarloaf and Steele Street will be redirected to go around the closure.

Ward 3 Coun. Gary Bruno said during a March 28 council meeting he had concerns about the price tag and how the investigation may take over a month, which might impact the tourism season. “Is there a reason it couldn’t happen after Labour Day?” he asked. Ward 2 Coun. Tim Hoyle had similar comments, saying “if they keep finding things of interest and where that may take us and where the price tag may take this.”

Investigation shouldn’t be an inconvenience: First Nations experts

Monture said councillors shouldn’t view the investigation as an inconvenience. “In terms of respect for Indigenous communities or any human remains … that time has to be set aside,” he said. “It just seems like Indigenous remains are often considered ‘less than’ because of who we are.”

a man standing.
Rick Monture is an associate professor at McMaster University. (McMaster University)

Monture also said it could actually boost tourism depending on how significant the site is and improve relationships with local First Nations. “It should be treated with excitement,” Monture said.

Longtime Six Nations lawyer Paul Williams said Port Colborne should treat any human remains found with respect. “You pay them the same respect you would want people paying your family,” Williams said. Shypowskyj said the city wants to “do the right thing” and if there are human remains found, they’ll be treated with care.

ABOUT THE AUTHOR

Bobby Hristova, Reporter

Bobby Hristova is a journalist with CBC Hamilton. He reports on all issues, but has a knack for stories that hold people accountable, stories that focus on social issues and investigative journalism. He previously worked for the National Post and CityNews in Toronto. You can contact him at bobby.hristova@cbc.ca.