On-site probe of Indigenous remains found in east Toronto starting soon, despite group’s threat to ‘shut down all construction activity in the area’

City updates site work after historic remains found in 2024, as an indigenous group criticizes handling of ancestral remains.

The City of Toronto says it is preparing to move forward with an on-site investigation after ancient Indigenous remains were discovered in the city’s Riverdale neighbourhood nearly two years ago, even as one group threatens to “shut down all construction activity in the area” amid concerns about the way the matter has been handled.

On Jan. 5, 2024, a crew replacing an old water service line on Withrow Avenue, just east of Broadview Avenue, unearthed what were believed to be human bones. The police were informed of the situation and work there was immediately halted.

Not long after, an anthropologist retained by the Office of the Chief Coroner determined that the remains are human, and likely ancient and of Indigenous origin.

The province then issued an order that it undertake a burial site investigation.

In the interim, 24/7 security was retained to protect the site, which is located across the street from Withrow Avenue Junior Public School. That, so far, has cost the city upwards of $350,000. Soil dug up at that time was also stored, pending next steps.

The municipality then notified 11 Indigenous groups of this discovery, inviting them to participate in the archaeological process to ensure that the site is protected and that proper Indigenous burial protocols are followed. Ten of those groups have now consented to take part.

The Haudenosaunee Development Institute (HDI) was among those asked to take part but failed to reach an agreement with the city.

The group is now speaking out, demanding that the remains of their ancestors be immediately returned to them.

“We’ve been denied basic information, denied consultation, and denied respect. Now we have been told, in writing, that those remains are actually sitting in a dump truck. This is beyond negligent. It is an outrage and disgraceful,” Aaron Detlor, HDI’s legal counsel, said in a July 17 news release.

It went on to say that the site in question lies “fully within” Haudenosaunee traditional territory “over which we have never ceded or relinquished jurisdiction through treaty, surrender, or lawful agreement.”

“As such, HDI reiterates that it does not consent to any further archaeological activity at Withrow Avenue until its jurisdiction and protocols are fully respected. … The consequences of this extend beyond cultural and spiritual vandalism.,” the release stated.

“If a burial site is confirmed beneath a home, demolition may be required – which will leave local homeowners in a state of uncertainty, as well. Due to the appalling disregard shown by the City of Toronto, we must proceed with our own investigation. The remains of Haudenosaunee ancestors must not be treated like trash. They are to be returned to the Earth with the respect, ceremony, and dignity they deserve. This conflict is not just about Withrow.”

CP24 contacted HDI for further comment, but we have not heard back.

Chief Claire Sault, leader of the Mississaugas of the Credit First Nation (MCFN), said the site where the discovery was made actually falls within their vast territory as per Treaty 13, which was signed by her ancestors and the British Crown in 1805, and as such they are the “only point of first contact until remains are determined by experts.” She said if the remains are determined to belong to a member of another tribe, they’d reach out to them “nation-to-nation.”

Speaking during a Monday afternoon news conference at Toronto City Hall, Sault called out HDI, saying that it has “no right here.”

“They have been asserting false claims to these lands and in service of those false claims have been obstructing the important work that MCFN and the City of Toronto have been doing, respectfully and in a culturally appropriate way, to address this discovery of ancestral remains at the Withrow burial site,” she said.

“The actions of this group are taking space away from the legitimate rights holders on whose treaty lands these remains were found. It is obstructing reconciliation. … We stand strongly against these attempts to obstruct good projects that have our support, and we stand strongly against the interference with the Withrow burial investigation.”

The city, meanwhile, said it regrets the delays in this process and has been working to analyse the soil where the bones were found, adding that soon it will be moving forward with the on-site investigation.

Deputy City Manager Will Johnson said the city “recognize(s) the need to conduct this process with the utmost sensitivity and respect and with meaningful communication and engagement with indigenous and First Nations as a top priority.”

“After 19 months since this discovery, we need to resolve this matter. The ancestors deserve this. … I recognize that this has taken longer than we would have liked, but given the criticalness of the situation, we need to ensure we are doing this right. The city has a commitment to indigenous and First Nations to investigate the site and bring this important work to a resolution,” he said.

“We take these responsibilities to Indigenous and First Nations, as well as complying with provincial law, very seriously and recognize (they’re) part of our overreaching commitment to reconciliation.”

Lisa Merritt, of the city-retained Archaeological Services Inc., said the areas along the Don River have been home to Indigenous peoples for 1000s of years, six hundred generation to be exact, adding that the Indigenous remains found on Withrow Avenue were likely initially uncovered in the 1800s, but weren’t properly documented nor “treated with the care that they deserved.”

“And this history really reminds us why the work today must be done correctly and with integrity. They definitely have a sacred honor,” she said, adding that her team’s investigation would consist of background research to determine if the study area has archaeological potential, if it contains archaeological sites, and thirdly their size and type.

The fourth step would be to protect the site from construction impacts, which may involve excavating a site or imposing other long-term measures.

“We recognize that any disturbance of ancestral remains is a deeply sensitive, emotional, and spiritual matter. These are not just archeological sites. They are the resting places of loved ones and ancestors, and that understanding is really at the heart of how we approach this work,” Merritt said.

Toronto Water’s Lou Di Geronimo said once the burial site investigation order has concluded, hopefully by this fall, a report will be submitted to both the city and the Registrar of the Ministry of Public and Business Services, Delivery, and Procurement.

He added that the provincial government would then determine which Indigenous and First Nations will enter into an agreement to protect the remains and the site.

With files from CP24’s Bryann Aguilar and CTV Toronto’s Scott Lightfoot