"Woman's fight to not pay Brantford taxes sparks anger at band"

By Donna Duric, Writer

Tempers flared at a band council meeting Monday when Lisa VanEvery, a Six Nations woman living in Brantford, accused band council of being "colonized" during her bid to get support in her property tax fight in the city.

After a stormy session Band Council reluctantly agreed to send a letter to Aboriginal Affairs supporting VanEvery but only after they get legal advice.

Van Every lives on the Johnson Tract in the city and said because the land is under claim, she should not be paying property taxes. She asked council to support her in her fight against property taxes on claimed land.

The discussion turned sour when VanEvery accused Councillor Helen Miller of being colonized when councillors were hesitant to provide the letter fearing the band could be held liable for the back taxes.

Councillor Darryl Hill said he wanted to support VanEvery but warned council it could face legal consequences if VanEvery gets evicted from her home for not paying taxes.

VanEvery bought the house a year ago and says her great-great grandfather lived on the land.

"We still assert that it's our land," she said. "We have never said, 'you take the Johnson Tract; that's yours now."

On Oct. 26, Councillor Ava Hill, Lewis Staats and elected Chief Bill Montour met with Brantford Mayor Chris Friel and City Councillors Richard Carpenter and Jan Vandersteldt to discuss the issue.

Hill said property taxes fall under the authority of the Municipal Property Assessment Corporation, who in turn, reports to the Ontario Ministry of Finance. Hill said some institutions such as hospitals and education facilities are exempted from paying property taxes, but status Indians living on claimed land are not. "The city isn't going to do anything about it," said Hill.

VanEvery said she met with the elected Chief last Friday to hear about the joint meeting and left with the impression it was up to her to deal with on her own.

Montour quipped "That's right."

VanEvery then accused Montour of invalidating the Johnson Tract claim by not helping her. "I think that was a very dangerous comment you made," she said. "By you saying that, you have washed your hands of a land claim that has been registered with the government for 25 years. You can't go around making those comments."

"I think I can," said Montour. "We as the elected Six Nations Council of the Grand River... we don't have jurisdiction over the Johnson Tract. We have a land rights issue with Canada."

VanEvery told him "It's your responsibility to support me in my fight. It's not just my fight. It's all of our fight."

Councillor Helen Miller said VanEvery should have known when she bought the house she'd have to pay property taxes on it.

"I knew what their rules were but I also knew my great-great grandfather was born on that land," said VanEvery.

Miller told her, "We can't get this land claim settled in a week. We haven't done it in 25 years. We're not going to get it settled in time for you to not pay your taxes because you're going to lose your house if you don't pay them. What do you want us to do? Just live there."

VanEvery said, "I am living there but I'm also under the pressure of having tax bills come to me on a quarterly basis that I don't feel that I should be paying."

Councillor Roger Jonathan said council agreed with her but said there was nothing council could do.

"But the way Helen is saying, she's saying I'm wrong," said VanEvery, a comment that angered Miller. "I never said you were wrong," she shouted. "Don't put words in my mouth."

Councillor Carl Hill said he was willing to send a letter to the feds and the province saying Six Nations people should not be paying taxes on the Johnson Tract.

"We need to take a stronger stand on that rather than waiting for it to go through the courts," he said.

But Councillor Ava Hill said any letter sent to the City of Brantford would be useless. "They have to follow what this municipal board is saying to them," said Hill. "The letter should go to the Ministry of Finance and the Ministry of Aboriginal Affairs. You can write your own letter asking for an exemption," she told VanEvery.

"You'll probably get turned down, but at least it will be on the record."

VanEvery said she had gone to the Confederacy Council for help, who directed her to the Haudenosaunee Development Institute. She said the H.D.I. asked her to sign a certificate that she didn't want to sign.

Miller said council had no problem sending the letter but that wouldn't stop VanEvery from being evicted from her house, at which point VanEvery asked her to "decolonize" her mind.

Miller accused VanEvery of simply not wanting to pay her taxes. "I don't think this is about land rights; this is about you not wanting to pay your taxes."

Council asked Lands and Resources Director Lonny Bomberry to draft the letter, but not before getting legal advice.

VanEvery's aunt, Jan Longboat told council she was disappointed in its attitude.

"This is really sad that this band council will not stand up for our rights."

Montour tried to move on with the agenda, but Longboat proceeded to take a yellowed, framed replica of the Haldimand Proclamation off the wall in council chambers.

"As far as I'm concerned, if you don't want to uphold this here, maybe I'll take it and fight," she said.

She told council to go ahead and "arrest me" before putting it down and walking out tearfully, saying, "I'm fighting for the community. I'll fight till I die."

Longboat said outside of the band's administration building she felt "betrayed" by council's attitude toward the issue.

"I think it's appalling", she said. "I think today was the ultimate disrespect for the community; not considering our lands, our rights for our people. It's terrible."