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A man is being evicted from the Six Nations reserve because he is non-native. A 1986 by-law states that only a registered band member can live on Six Nations land.
27-year old Josh McFarland lives with his 25-year old common-law wife — who is native — and the couple’s two children. They have lived in Ohsweken for five years. Based on the by-law, Six Nations Council says that his family is free to stay but Josh must leave.
We spoke to Misty Hess the common-law wife. She says McFarland was arrested by Six Nations police Friday morning in their home. And according to her, he was charged with harassment and uttering threats and now sits in a Six Nations jail. She believes the complaint was lodged by neighbours and stemmed from a dispute over property boundaries. She also says the letter was dated May 29th but was only given to them Thursday.
Misty Hess: “Everyone says native land is for native people. But what are me and my daughters — tearing up our family would be one of the hardest things we’d have to deal with. Today that we can stay but he can go, who can judge that. We built this house ourselves. No one else pays my bills, so who are they to judge who I have in my home.”
According to Chief Ava Hill they don’t go knocking on doors to confirm who is native, but once a complaint is lodged, they must enforce their law, and served McFarland with eviction papers Thursday stating he must vacate his home within 15 days.
Chief Ava Hill, Six Nations Council: “What the process is when we receive a complaint who is a non-band member. Council, issues a letter, which I must sign, we ask our police to deliver it. So as governing body, we have to follow our own by-law as any government does. We are looking on having discussion on it but that hasn’t changed and until it does that by-law is changed, that what we have to deal with.”
According to Hess, McFarland will appear in Sopinka Court Saturday morning by video link. She says she believes the charges are false.
Chief Ava Hill says a councillor is heading a committee to look into the by-law and gauge if the community wants it to stay or go.
