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Home » Waterloo » Ontario man has to pay $400,000 in archeological fees to build home
Waterloo

Ontario man has to pay $400,000 in archeological fees to build home

December 29, 20249 Mins Read
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Bruce Cassel mentioned he was instructed by the Ontario authorities that till the dig is full, he may face fines and even jail time for stepping out into his personal discipline

Revealed Aug 02, 2024  •  Final up to date Aug 02, 2024  •  6 minute learn

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Samples of the stone shards recognized as Indigenous artifacts discovered on Bruce Cassel’s property: left aspect, chipping detritus; center, projectile factors; proper aspect, scrapers. Cassel says that he was instructed that he must pay $130 per hour to view the artifacts in particular person. Photograph by Detritus Consulting

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An Ontario property proprietor says he was quoted roughly $400,000 in whole prices for a provincially mandated archeological evaluation and dig after shards of stone have been present in his discipline which were recognized as Indigenous artifacts.

Bruce Cassel mentioned he was instructed by the ministry of tradition and multiculturalism that he may face steep fines and even jail time beneath the Ontario Heritage Act for disrupting the artifacts.

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“It’s consumed a lot of my time, trying to make sense of the situation, trying to get answers in regards to the situation,” Cassel mentioned. “I’m sure it’s played on me a bit, but at the same token I’m just trying to understand the situation and why I’ve been put in this predicament.”

The method started greater than 4 years in the past when Cassel determined to develop a discipline that he used to farm within the township of North Dumfries, in Waterloo Area. Cassel, who’s 75 years outdated, needed to construct a home on his land for himself and his spouse to retire to, however first he wanted to get an archeological evaluation .

The archeologist he employed carried out the primary stage evaluation in 2020 and the second stage in 2021. He acquired a funds for the remaining phases of the method across the finish of 2022, he mentioned, which totalled round $400,000 and included charges to have related Indigenous teams examine the location.

Cassel mentioned that he was instructed by the archeological agency that he must pay $130 per hour to view the artifacts that have been unearthed on his property, and opted to not. Nonetheless, he was in a position to view footage of them and he mentioned they seemed to be shards of stone.

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A report from the stage two evaluation, which Cassel shared with Ontario Chronicle, says that archeologists recognized 134 pre-contact Aboriginal artifacts, together with scrapers and projectile factors, in an space of the sector.

The positioning was “interpreted as a large area of ongoing temporary seasonal occupation by Aboriginal communities throughout the Middle Archaic period,” which was round 6,000 to eight,000 years in the past, the report says. “Hunting and hide processing were actively undertaken at the site, as well as the production and maintenance of formal tools and projectile points.”

About 15 metres away, archeologists discovered “12 pieces of Onondaga chert chipping detritus,” which they used to establish a “small activity area of unknown function, occupied by unspecified Aboriginal people during the pre-contact period,” the report says. Chert is a tough sedimentary rock.

The beforehand unknown historic nature of his discipline has put Cassel’s retirement plans on maintain.

A large field of grass. A portion of the Ontario property which Bruce Cassel needs to construct a home on. Photograph by Bruce Cassel

Cassel mentioned he reached out to Greg Rickford, the minister of Indigenous affairs and even Premier Doug Ford. He mentioned their places of work instructed him they’d look into the matter, however he hasn’t made any progress.

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“I thought I would try and work through the system and get a hold of the people that are responsible for their system, involved with the system, like my MPP and the premier and whomever. I’ve never thought I’d have to go to the premier or even the council people. But nope, no help whatsoever,” he mentioned.

On July 29, Rickford despatched a joint letter with Michael Ford, the minister of citizenship and multiculturalism, which is answerable for the Ontario Heritage Act, that claims Cassel was instructed as just lately as June 13 that his solely possibility for growing the land is to proceed to a stage three evaluation of the location.

“Such a determination falls within the roles and responsibilities of ministry officials, and therefore is not a political decision. As such, this is not within our purview to intervene – you must follow the established process that any other proponent in this scenario would have to adhere to. Since that determination was made, and throughout the entirety of this process, ministry officials have clearly and explicitly communicated what the necessary next steps are to proceed,” Rickford and Ford wrote in the newest letter. “In our capacity as ministers, we do not have the ability to waive a Stage 3 requirement after such a determination has been made.”

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In an emailed assertion, a spokesperson instructed Ontario Chronicle that “individuals have the freedom to select any licensed consultant archaeologist they prefer. As with many professional services, fees can vary and are not controlled by the Ministry of Citizenship and Multiculturalism.”

Whereas Cassel did store round for different estimates, none would give him the price of a stage 4 evaluation besides one which additionally quoted a determine of about $400,000, he mentioned.

Mark Milke, the founder and president of The Aristotle Basis for Public Coverage, a think-tank whose acknowledged purpose is to resume a civil, common sense method to public discourse and public coverage in Canada, mentioned the federal government ought to bear the prices of archeological digs, as this is able to be fairer for property homeowners.

“If you, as a private property owner, are forced to endure a regulation that could cost you $40,000 or $400,000, in essence, it devalues your property or could break you. That’s simply not a fair approach to regulating private property,” he mentioned. “What happens in Europe … is that if a government introduces a regulation that’s very costly for you, the burden is on the government to pay for it, on taxpayers. I don’t normally recommend that taxpayers take another bill, but in this case, I think it’s justified.”

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Cassel is just not the primary Canadian to be confronted with this predicament. Householders throughout the nation have been saddled with excessive prices attributable to sudden archeological assessments mandated by their provincial governments.

Workers walk across a dirt field. Employees conduct an archeological survey on Bruce Cassel’s Ontario property. Photograph by Detritus Consulting

A notable instance of this occurred in 2006 when Wendi Mackay of British Columbia was billed $67,000 in preliminary prices, corresponding to inspections, permits and archeological work, by the archeological department of the ministry of forests. She needed to demolish an outdated home and construct a brand new one on land Mackay and her husband had bought from her dad and mom.

After the preliminary invoice, a sequence of further bills added $50,000. This might proceed till Mackay stopped paying when charges have been in extra of $117,000. She sued the province, claiming roughly $600,000 in damages as a result of loss in her property’s worth and delays in development. The B.C. Supreme Courtroom rejected her declare however the B.C. Courtroom of Enchantment dominated in her favour, figuring out that the province had no authority to require Mackay to pay for a heritage inspection or investigation.

As outlined within the Ontario Heritage Act, an archeological evaluation is split into 4 phases. The primary stage consists of a evaluate of geographical data, land use, and historic data for the property to find out archeological potential. Stage two consists of archeologists wanting over the land for any archeological sources. For a ploughed discipline like Cassel’s they are going to stroll forwards and backwards inspecting the floor for artifacts.

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Ought to artifacts be discovered, they are going to transfer to stage three, a site-specific evaluation. On this stage, the archeologist determines the size of the archeological website and maps it out. They then dig one-metre by one-metre sq. check models throughout the location. After this, the archeologist might select to proceed with a stage 4 evaluation, which entails implementing conservation methods for the location to make sure it isn’t disturbed or tampered with.

Whereas it isn’t assured that an archeological evaluation will likely be dropped at the fourth stage, Cassel was assured that it might be in his case.

Cassel doesn’t need to resort to litigation however he mentioned he needs to know why the federal government can cost a non-public landowner for one thing that may be a matter of public curiosity.

Within the meantime, Cassel has been allowed to reseed his discipline with alfalfa and timothy grass for hay.

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