Hamilton asks Ontario for 1 more year to clean up Chedoke Creek spill amid Haudenosaunee dispute

The City of Hamilton is asking the Ontario government to extend the deadline to clean up the sewage in Chedoke Creek by a year — to Dec. 31, 2023 — because of demonstrations from representatives of the Haudenosaunee Development Institute (HDI).

It's also asking the Ministry of the Environment, Conservation and Parks to issue an order to HDI to prevent the group from causing any further disruptions as it tries to meet ministry orders to clean up the 24-billion-litre sewage spill, a leak that took place over four years.

Nick Winters, director of Hamilton Water, said a year-long delay is needed because the city would have to potentially renew permits and can't perform work in the water between mid-March and mid-July, among other considerations.

The city was set to start dredging Chedoke Creek in late August, but contractors paused the $6-million project when HDI representatives arrived on site.

HDI representatives say they're exercising treaty rights and its lawyer, Aaron Detlor, said he had no intention of stopping the work, but wanted to monitor it.

HDI says it hasn't had meaningful consultation with the city about the dredging and the city should get its consent before doing the work, as Haudenosaunee treaty lands cover a large portion of Ontario.

In a recent email from Detlor to the city, HDI said it would cost Hamilton $350,000 to undergo that consultation and have environmental monitors at the site.

In a news conference Tuesday, Carlyle Khan, general manager of the public works department, said the city is willing to work with HDI to establish environmental monitors, but won't seek consent to complete a ministry-ordered cleanup.

Khan said the city hasn't had issues when communicating with Mississaugas of the Credit, Six Nations of the Grand River and the Huron-Wendat Nation.

Winters said there have been 40 reported instances of disruptions at the dredging site.

Some of those instances include demonstrators launching watercraft into the dredging area, and someone breaking into a dredging machine and stealing equipment.

Ministry to speak with city about deadline

Winters said the cost for a timeline extension isn't clear. 

As for the environmental impacts, he said the material the city is trying to remove has high concentrations of nitrogen and phosphorus, which could leach into the water and create more algae blooms.

In an email to CBC Hamilton, ministry spokesperson Gary Wheeler said: "The ministry is aware of the unexpected delays and will be having discussions with the city about their request to extend the deadline." 

HDI spokesperson Brian Hendry said the institute welcomes the city's deadline extension, saying it would allow for "ample time to properly engage and obtain consent from the Haudenosaunee as they should have undertaken prior to the issuance of the first order of December 2020."

"Our No. 1 priority is to preserve our lands and waters to a complete pre-spill condition so that future generations can realize the benefits of the natural environment to the fullest."