Indigenous group says ancient remains found at Toronto job site are missing
The Haudenosaunee Development Institute (HDI), representing the Haudenosaunee Confederacy, said it's threatening to halt construction activities on Withrow Avenue after feeling like its pleas to find the remains were ignored.
The HDI claims the City of Toronto and its consultants withheld access to the remains and denied repeated requests for involvement.
The remains were excavated from a site located in what is acknowledged as historic Haudenosaunee territory.
'We've been denied basic information, denied consultation and denied respect,' said Aaron Detlor, legal counsel for HDI. 'Now we have been told, in writing, that those remains are actually sitting in a dump truck. This is beyond negligent.'
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Archaeological Services Inc. (ASI), the consultant hired by the city, has confirmed that the human remains were placed in a dump truck and removed from the site, though they have not disclosed where the remains were taken.
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The Withrow Avenue site sits on top of an ancient Indigenous village and is designated a burial site investigation zone, according to the release.
A city plaque across the street even marks the area's significance. HDI says it never consented to the excavation or handling of the remains, which it says violates both Canadian and international law.
Other archaeological firms reportedly declined to work on the site due to ethical concerns. HDI alleges ASI proceeded without the required free, prior and informed consent from the Haudenosaunee.
The group is calling for the immediate return of the remains and an end to all archaeological activity on the site until its jurisdiction is fully recognized. It says it's prepared to take direct action if the city does not comply.
'The remains of Haudenosaunee ancestors must not be treated like trash,' the statement read. 'They must be returned to the Earth with ceremony and dignity, not treated like garbage.'
The city said it plans on holding a news conference on the issue.
The remains were first uncovered in January 2024 during routine utility work. Since then, the site has been fenced off under 24-7 security, with the city spending nearly $200,000 to monitor it. Yet, no formal excavation or repatriation process has begun.
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Tanya Hill-Montour, the archaeology supervisor for Six Nations of the Grand River, has previously criticized the city's lack of urgency and transparency.
Hill-Montour said if the remains were of a European settler, she felt there would be more urgency to see a resolution to the matter by now.
City officials have cited weather delays and ongoing negotiations with First Nations as reasons for the slow progress. However, HDI maintains that Indigenous communities with rightful jurisdiction were excluded from decision-making.
The conflict also highlights growing concern over Ontario's Bill 5, which gives provincial ministers the power to override heritage and environmental protections, raising fears that more Indigenous burial sites could be compromised.
For now, HDI says it will act independently to investigate and protect its ancestors unless the city reverses course.
'Due to the appalling disregard shown by the City of Toronto, we must proceed with our own investigation,' the HDI said.
— with files from Matthew Bingley
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Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account Two cellphone videos in which the woman says she's 'OK with this' and that 'it was all consensual' were presented as evidence during the trial of Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube, and Callan Foote. All five men have pleaded not guilty to sexual assault after an encounter in a London, Ont., hotel room in the early morning hours of June 19, 2018. 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Defence lawyers, meanwhile, repeatedly challenged the complainant's credibility and reliability as a witness, arguing she was an active participant in the sexual activity and made up the allegations because she didn't want to take responsibility for her choices that night. Video statements such as the short clips shown in this trial aren't necessarily evidence of consent, said University of Ottawa law professor Daphne Gilbert. 'Legally speaking, they have very little relevance because consent has to be ongoing and contemporaneous with the sexual activity and you have to be consenting to every single thing that is happening to you,' said Gilbert, who researches sexual violence and abuse in Canadian sports. This advertisement has not loaded yet, but your article continues below. 'There's no such thing as advance consent. And there's no thing as after-the-fact consent, either. So just because you say, 'Yeah, it was all consensual' doesn't mean that makes it so.' Lisa Dufraimont, a law professor at York University, said such videos could also be seen as hearsay because they don't contain statements made under oath in court. 'If the complainant got on the stand at the trial and testified that they consented at the time, that would be evidence that they consented at the time,' said Dufraimont, whose research focuses on evidence issues in sexual assault cases. But she said the videos could be used for other legal arguments, including those that may rely on a description of how a defendant or complainant was acting at the time. This advertisement has not loaded yet, but your article continues below. 'It may be that if the video is taken close in time to the alleged sexual assault, that the video shows something about the person's level of intoxication or their emotional state, which may or may not be consistent with what they later reported their emotional state was at the time,' said Dufraimont. 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