Monday, October 22, 2007

Haldimand "It Seems We don't All Live by the Same Set of Rules"

Right or Wrong we don’t all live by the same rules in Haldimand County. That is certainly becoming very clear to me, and it is very disturbing.

Recently Doug Fleming, a resident of Caledonia has been pushing the limits of the law in Caledonia. For the past two weekends he has been selling illegal cigarettes from the back of his truck, I mean "illegal" in every way. He has no license or permits to sell cigarettes, yet he chooses to break the law in order to prove his point.

So you may ask what point is Doug trying to make? In my personal opinion the answer is simple, If they can do it, so can I! I’m not saying that it’s right, and if you speak to Doug he will honestly tell you he is "breaking the law".

So what makes a person like Doug take this kind of action? Well I can tell you from a personal point of view that sometimes a person has had enough, and feels that they need to make a stand. Sometimes your course of action may not be the right approach, but you feel that it is better then sitting on you ass and doing nothing! I believe this is what has happened to Doug.

Doug has witnessed "2" Smoke Shops open on HWY# 6 just outside of Caledonia the last six months, and states they are both illegal. But they carry on just the same. Doug feels that if he is arrested and shut down, then the other smoke shop owners will be arrested and shut down as well. His point is simple, but two wrongs do not make a right.

So last Saturday I spent the day with Doug and friends observing. I arrived at around 10:00am as Doug was just setting up shop on Argyle Street. Around 10:45 Doug made the decision to move closer into town, so we left and Doug set up his "Smoke Shop" in the parking lot right out front of the OPP Community Policing Office, located in the strip mall in Caledonia. Doug’s reason, to be more "visible", as the OPP officers were not paying any attention to his shop on Argyle St. Well his plan worked, not five minutes after setting up, Doug was approached by "5" OPP officers.

Without going into a lot of detail, Doug was told that selling cigarettes out of the back of his truck was illegal, and was asked to leave. He was not arrested, and he politely refused to leave.

Now one thing that I found very interesting was that Doug mentioned the news release from OPP officer Paula Wright. This news release was asking anyone in the public if they had any information about the "apparent" Smoke Shop that appeared on Argyle St. last week. Doug informed the officer, I am the "Smoke Shop" that this news release was talking about. None of the officers were aware of any "news release" regarding this situation, and obviously there was no direction given in case an officer was notified by a resident. Doug supplied them with a copy.

So my question would be, why would the OPP put out a news release if they were not really looking for information? Actually I am totally confused as to why this news release was even issued, as it seems according to the OPP officer that was speaking to Doug the selling of illegal cigarettes falls under the jurisdiction of the RCMP.

Doug will continue selling "illegal" cigarettes until something is done.

I am sure that Doug will eventually pay the price for what he is doing, but the ultimate question is;

Will he have made a difference?

15 comments:

  1. I totally disagree with what Doug is doing. How does this move Caledonia and the Natives issues ahead?
    He is agitating and aggravating the situation. Just one more of Gary McHale's pawns, IMHO.

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  2. John Rennison, the Hamilton Spectator
    Jeff Hawk is owner of this smoke shop along Highway 6 at 5th Concession.

    Dana Borcea
    The Hamilton Spectator
    (Oct 23, 2007)
    The Six Nations elected band council is seeking an injunction against two smoke shops that have recently set up on band land without permission.

    Elected Chief Dave General says the parcels of land off Highway 6 at 5th Line belong to the Six Nations community but are being used for personal profit by the smoke shop owners whom he describes as "lawless."

    "This is business activity occurring on community-owned land without any benefit to the Six Nations community," said General.

    The plots of farmland along Highway 6 were bought by the Six Nations band council in the early 1990s. The council has applied to have the lands added to the Six Nations reserve. But while the process drags on, the lands remain under the jurisdiction of the Ontario Provincial Police and Haldimand County.

    General said the community-owned lands are a small fraction of the wider reserve and that most of them are leased for agriculture. Money collected by the band council is then redistributed through programs and services in the community, he said.

    He added that this is the first time he has seen natives setting up shop on community land.

    "They've just plopped themselves there," he said. "And people are concerned about the lawlessness and unregulated attitude of them setting up wherever they want."

    General hopes that once it is granted, the injunction will be enough to convince the two owners to close up shop and leave the land.

    "Hopefully this is something we can resolve without the need for police," he said. The two shops sprang up in recent months on lots attached to farmland currently being leased from the band council by Six Nations farmers.

    Their presence has raised concerns among Caledonia residents as well.

    Doug Fleming recently started selling cigarettes out of the back of his pickup truck to protest what he describes as police inaction around the shops. He fears that others will see the brisk business the two shops are doing and decide to set up along the high-traffic route as well.

    OPP spokesperson Dave Rektor said police are still investigating Fleming's "antics." He added he is not aware of the injunction and would not speculate on what the OPP would do if it is granted.

    Jeff Henhawk, who also goes by the name Jeff Hawk, set up his shop on the Highway 6 land last spring and says he does not recognize the authority of the band council which he sees as an agent of the federal government.

    He said he would not be swayed by an injunction.

    "It would be no different to me than the Henning brothers' injunction," said Henhawk, who was involved in the early occupation of the former Douglas Creek development.

    The developers of that subdivision sought and won an unsuccessful injunction to have the protesters removed.

    Since opening, Henhawk's shop has been the target of criminal activity including a May 17 shooting and an arson. The second smoke shop called Broken Promises opened up a few hundred metres south of Henhawk's shop on the other side of 5th Line recently. A manager there refused to comment yesterday.

    General said someone else recently tried to set up a smoke shop on community land on 4th Line near Highway 6 but was convinced to leave by a farmer currently working the land.

    General estimates there are as many as 300 smoke shops being run on individually owned properties on the reserve. He says there is a "health versus economics" debate around the issue, but the sale of tobacco is an important source of income for many in the Six Nations community.

    dborcea@thespec.com

    905-526-3214

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  3. The fact that this article was run in the Spectator and that the Six Nations Band Council is now speaking out means that Doug's protest is helping not hurting. Sometimes you must take drastic action to motivate the authorities to act.

    I don't see Doug as a pawn of Gary McHale at all. He has the best interest of the community of Caledonia at heart and has the guts to do something about a problem.

    If more residents of Caledonia would take proactive yet peaceful action regarding the plight of their community we might have had this resolved by now.

    But like most people in this country the majority of residents of the community sit on their thumbs and criticize those who are willing to speak up.

    Good for you Doug and thanks.

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  4. Just another McHale follower trying to agitate while hiding under the guise of "I am only trying to help"

    what a bunch of baloney.

    Fleming and McHale and a few others need to get on with something productive in their lives.

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  5. Amazing that McHale links to a site like this where the comments are usually people whining about him

    Having gone to Dougs Smokes to ask him myself why the hell he's pulling what I had thought to be a stunt at the time, I listened as he very seriously explained his reasons for doing this and find myself supportive of his actions despite the fact it's not something I would do.

    It's nice to see someone from town willing to do something more than sit on their computer whining about the methods of the very few people who are willing to help

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  6. Doug Fleming is a very well spoken individual, although most people seem to think that he is some sort of baffoon. He is also someone who will push the envelope and do his best to find answers to his questions from appropriate parties.

    I personally like Doug Fleming as an individual. However, I do not and cannot support his efforts to blatantly break the law by choice, any more than I can support the efforts of some individuals from Six Nations to break the law for the same reason.

    I will not comment further on that aspect of this conversation, but I would suggest that Haldimand County Council look closely at the actions of the Band Council who, for all intensive purposes, apprear to be making a firm stand by persuing legal recourse to end the question of the smoke shops on 6.

    It appears to be clear that the Six Nations Band Council is prepared to act regarding use of land that is owned by them at present(and awaiting return to reserve status). Haldimand County should, in my opinion, follow this lead to address the establishment and operation of such businesses within the jurisdictional boundaries of Haldimand County.

    It might just help get this issue resolved for everyone, and then maybe, just maybe, what Doug has done will be viewed as he likely hoped and intended it to be viewed.

    In the interim; Doug's actions cannot dictate the Band Council's actions. Haldimand Council has a responsibility to address his actions, and so they should, instead of pretending that this isn't happening and attempts or suggestions to try and set up such an establishement in front of the home of Councilor Grice (or anyone else for that matter) do not occur EVER.

    (Good for you Doug, for having the wherewithall to say no to such a suggestion.)

    Haldimand's Council needs to make a stand on this issue once and for all.

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  7. To Lisa Parent:

    You really need to stop chastizing the residents of this county for not "pulling a Gary" to get attention.

    What do you want us to do? Go "postal" to bring about an end to this situation?

    Lisa, did you know that many people are aware of your passion for this particular endeavour? Did you know that 'kicking someone when they are down' is not likely going to garner more support for the efforts that you involve yourself in? Do you want to know why? GM and his affiliation with you. Well that and the fact that you cannot be trusted to NOT post video footage without permission of the parties that you have taped.

    Some people refer to you as "Timmeretta". It's not nice, but I can certainly understand why.

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  8. Just a few comments;

    "Having gone to Dougs Smokes to ask him myself why the hell he's pulling what I had thought to be a stunt at the time, I listened as he very seriously explained his reasons for doing this and find myself supportive of his actions despite the fact it's not something I would do."

    That is exactly why I went on Saturday, to see what Doug was doing first hand. I did not want to judge by just reading the papers. I don't necessarily agree with Doug's tactics, but he is a good hearted person, and is trying to make a point.

    "In the interim; Doug's actions cannot dictate the Band Council's actions. Haldimand Council has a responsibility to address his actions, and so they should, instead of pretending that this isn't happening and attempts or suggestions to try and set up such an establishement in front of the home of Councilor Grice (or anyone else for that matter) do not occur EVER."

    I see by your comment that you were there on Saturday. I agree that council needs to take action on this issue. When I drove over to Councilor Grice's to let him know what was going on, he didn't hesitate for a second to put his shoes on and come over. I was not the only one there that talked Doug out of going to Grice's house.

    "You really need to stop chastizing the residents of this county for not "pulling a Gary" to get attention."

    I can say with no doubt that Lisa does not mean to chastize anyone. Lisa is very involved, and is very passionate and caring. I myself say often that very few people get involved in any issue.

    "Doug Fleming is a very well spoken individual, although most people seem to think that he is some sort of baffoon. He is also someone who will push the envelope and do his best to find answers to his questions from appropriate parties."

    I spoke with Doug Saturday, he is far from a baffoon, I don't think anyone that has ever talked to Doug would even think that. He is intelligent, caring, passionate and has a very good sense of humour, and yes he does push the envelope. Good for you Doug.

    Thanks everyone for your comments.

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  9. This whole episode is a side show and deflects away from the real issues of land claims.
    How does anyone expect land claim issues to be solved when this kind of ridiculous behaviour gets in the way. I see it as "if the Natives can do it so can I" mentality and trying to push the buttons of the OPP.
    These issues need to heal not fester. Just one more of McHale's "seals" trying to get 15 minutes of fame.

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  10. Wow! The (anonymous) Lieberals are really circling the wagons on this one. If they had a clue, they'd know that Doug doesn't give a hoot about McHale. Doug is trying to embarass all three levels of government into doing their jobs, which really speaks to the sad state of affairs in Haldimand County. Same song, different verse....not our problem, go to the other two branches of governance for your answer. I did find Grice's comments rather hilarious....the stuff about notifiying the property owner regarding by law violations. How many times did Haldimand County council notify the Province of the numerous and regular (and still ongoing) by law infractions occuring at DCE? My guess is they were either too busy hiding under their desks or kissing Dalton's ass to bother. Haldimand County Council is a joke, only trumped by a mayor who is a bigger joke, and they both are trumped by Dalton Do-little, who is the biggest joke in the country.
    Go Doug Go, as it seems you may have found the achilles heel of all levels of government.

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  11. I still say this behaviour does not move the Land Claims to a solution. It is so sad how this Caledonia/Native issue has turned into so many other avenues of troubles. Trouble breeds trouble and there are those that continually stir the pot and make things worse. Land Claims and the illegal sale of smokes are FEDERAL ISSUES!At this rate nothing will ever be solved by agitating and festering the situation.

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  12. It's clear that Fleming doesn't have much of a life and is doing this to get some attention and praise.
    Eventually he will cross the line and start the war with natives again that he is clearly trying to do.
    When the property values again suffer in Caledonia, everyone can point the finger at him.

    He's becoming like McHale now in that his gig is getting old. He's not funny anymore. Someone should tell him that because he's embarrassing himself.

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  13. This comment was posted on another article, but I felt that it needed to be posted here as well.
    Donna;

    Dear Donna,

    This post by anonymos stating how frustrated he or she is with what everyone is doing in reaction to the heartache of the Caledonia native land claim is somewhat idealistic in approach. In Ipperwash our Town and Council were behind the residents one hundred percent in declaring that what was going on in relation to lawlessness and lack of co-operation from the First Nations was tearing a community apart. Many letters were sent by the Mayor and Council to government Ministers and MPP and MPs to no avail. Newspaper releases received no attention either. Many meetings with the First Nations people were requested and denied. Municipal projects were halted by the natives(water line) which compromised fire safety, and other ongoing projects that needed attention periodically to avoid flooding etc. Town's works crews were denied in to do what was needed for years. Resident groups tried for years to talk to the Native Chief to find common ground on which to start building a relationship again and we were denied. The blame game against neighbours, family, friends and Municipal entities has to stop. All of these people desire a solution beneficial to everyone. You must, however, have an adversary who is willing and able to listen and willing to learn how to adjust together in a volatile situation. It appears in Caledonia that there is no spirit of co-operation in either the government or the First Nation. That is what is so appalling in the native land dispute situation. The fact that third parties are entirely left out with no communication, no direction on what is being negotiated and no information on how the end result will affect each resident. Add to that the criminal element and lack of proper policing and you have the recipe for disaster. Government and the Natives must learn that the more information a community has on the issues, the more chance there is for compromise and a de-escalation of fear. My daughter once said to me during my Ipperwash years "Why doesn't the whole Town just lock their doors and walk out to Queen's Park saying give us a place to live, it is unsafe in Ipperwash??" At the time I thought she was off the wall. On retrospect, we all should have done this. Ipperwash might be settled today if we had.

    Respectfully Submitted
    Mary-Lou

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  14. As someone who has known Doug and his family all of my life, I object to the accusation that he is trying to start a war with the natives and needs to stop "embarassing himself". Doug is an intelligent and articulate man who doesn't "need to get a life". He needs more people to stand beside him and force the government to truly see what is happening in Caledonia.

    Keep on Doug, and be safe...your family stands behind you!!!

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  15. "The fact that third parties are entirely left out with no communication, no direction on what is being negotiated and no information on how the end result will affect each resident."

    That is exactly what is happening in Caledonia. So residents like Doug are trying to make a point, to be heard, and asking for answers.

    Thanks for your comment Mary Lou.

    "He needs more people to stand beside him and force the government to truly see what is happening in Caledonia."

    I agree! Thanks for your comment.

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