Farmer is forced to pay $400,000 in archaeological fees to build home on his own field

A Canadian farmer who wants to build a house on his land must pay $400,000 for a government-mandated archaeological dig on his property. If he fails to comply, he could face jail time.

Bruce Cassel, 75, had to have an archaeological assessment done on his Ontario farmland when he decided to build a dream home for him and his wife more than four years ago.

During the dig, archaeologists discovered bits of stone that were identified as indigenous artifacts. Now the owner faces huge fines or even jail time unless he pays to complete the final stages of the appraisal, which he says totaled $400,000. National Post reported.

Under the Ontario Heritage Act, archaeological assessments are broken down into four phases that are paid for by the property owner. If artifacts are found, there are hefty penalties for disturbing the site.

“It’s taken up a lot of my time trying to understand the situation and find answers to the situation,” Cassel told the National Post.

“I’m sure it’s playing on me a little bit, but at the same time I’m trying to understand the situation and why I’m in this difficult position.”

In Ontario, only licensed archaeologists may intentionally disturb sites. It is illegal for a person to intentionally collect archaeological artifacts.

Cassel rented a archaeologist who will carry out the first phase of the assessment in 2020 and the second phase in 2021.

During the excavations, 134 artefacts dating from before first contact with Aboriginal people were found, including abrasions and projectile points.

Cassel said the archaeological company charged him $130 an hour to view the artifacts, but was shown photographs of them.

According to a phase two assessment report shared with the National Post, the site was “interpreted as a large area where Aboriginal communities temporarily lived during the Middle Archaic period.”

The report continues: ‘Active hunting and hide processing took place at the site, as well as the production and maintenance of formal tools and projectile points.’

Cassel subsequently received a quote of $400,000 for the final stages of the process, including costs for site inspections by indigenous groups.

Archaeologists discovered pieces of stone on his property that have been identified as indigenous artifacts and how he could face huge fines or even jail time if he doesn’t pay to complete the assessment

He asked the Minister of Indigenous Affairs and even the Premier of Ontario for help, but to no avail.

“I never thought I would have to go to the prime minister or even the councillors. But no, no help at all,” he said.

On July 29, the Minister of Indigenous Affairs and the Minister of Citizenship and Multiculturalism, the driving force behind the Ontario Heritage Act, informed Cassel that proceeding with the next phase of the review was his only option to build on the land.

“Such a determination falls within the roles and responsibilities of Department officials and is therefore not a political decision. As such, it is not within our remit to intervene – you must follow the established process that any other proponent in this scenario would be required to adhere to,” the ministers wrote in a joint letter.

Mark Milke, founder and chairman of The Aristotle Foundation for Public Policy, told the National Post that the government should foot the bill.

“If you as a private homeowner are forced to go through a settlement that could cost you $40,000 or $400,000, that essentially reduces the value of your property or could cost you your life,” he said.

“That’s just not a fair approach to regulating private property.”