An Indigenous organization is threatening to stop all construction at a Toronto job site after discovering that ancestral remains stored in a dump truck for over a year were mishandled.

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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In an update provided early Monday, the City of Toronto said they want to continue working on the site and acknowledged the importance of the ancient remains.

City official said they consulted with 11 indigenous groups, with 10 agreeing with the plan to proceed except the Haudenosaunee, who cited concerns with remains being stored in a city truck and collaboration plans.

The city says the remains were found during waterline work and were unintentionally put in the dump truck and didn’t know remains were in the soil when put in the vehicle.

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Lou Di Gironimo, General manager of Toronto Water, said some of the HDI’s concerns could not be addressed as some of their requests were outside of the scope of the project.

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Will Johnson, deputy city manager stated that the city is deeply committed to reconciliation with the First Nations. However, the HDI is still concerned over how the process will be handled and said they will continue the investigation on their own if no serious action is taken.

Archaeological Services Inc. (ASI), the consultant hired by the city, confirmed that the human remains were placed in a dump truck and removed from the site. At the time, the location of where the remains were taken was not disclosed.

The Withrow Avenue site sits on top of an ancient Indigenous village designated as a burial site investigation zone. A city plaque across the street even marks the area’s significance.

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HDI says it never consented to the excavation or handling of the remains, which it says violates both Canadian and international law.

“It’s a very privileged place, there are over 600 generations of life located there,” said Lisa Marit, practicing archeologist during the press conference.

“We will begin very carefully to excavate any areas of lawn, which will be down in 1-metre units and expand as far as necessary to determine full extent of ancestorial remains and their origin.”

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.

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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.

“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 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.

After 19 months since the discovery, the City of Toronto has committed to continuing the investigation and inspecting the landfill site.

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“I recognize this has taken longer than we would have liked,” said Johnson, “but we need to make sure we are doing this right.”

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.

Detlor said some controversy still remains between the city and the Haudenosaunee, telling Global News that the city officials have not come to them in any particular fashion, to let them know what they disagree with.

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.

— with files from Matthew Bingley

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