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 is being forced to pay $400,000 for a government-mandated archeological dig on his property - and could face jail time if he does not comply.

Bruce Cassel, 75, was required to get an archeological assessment of his Ontario farmland when he decided to build a dream retirement home for him and his wife more than four years ago.

During the dig, archeologists discovered bits of stone identified as Indigenous artifacts. Now the owner could face massive fines or even jail time unless he pays to complete the final stages of the assessment, which he said totaled $400,000, National Post reported. 

Under the Ontario Heritage Act, archeological assessments are split into four stages paid for by the property owner. If artifacts are found, there are hefty punishments for disrupting the site.

'It's consumed a lot of my time, trying to make sense of the situation, trying to get answers in regards to the situation,' Cassel told National Post. 

Bruce Cassel, 75, is being forced to pay $400,000 for a government-mandated archeological dig on his property

'I'm sure it's played on me a bit, but at the same token I'm just trying to understand the situation and why I've been put in this predicament.' 

In Ontario, only licensed archaeologists can knowingly disturb sites. It is illegal for a a person to collect archaeological artifacts on purpose.

Cassel hired an archeologist to conduct the first stage assessment in 2020 and the second stage in 2021. 

During the dig, 134 pre-contact Aboriginal artifacts including scrapes and projectile points were discovered.

Cassel said the archeological firm quoted him $130 per hour to view the artifacts, but he was shown pictures of them.

According to a report of the stage two assessment shared with National Post, the site was 'interpreted as a large area of ongoing temporary seasonal occupation by Aboriginal communities throughout the Middle Archaic period.'

The report continued: 'Hunting and hide processing were actively undertaken at the site, as well as the production and maintenance of formal tools and projectile points.' 

Then Cassel received a quote for $400,000 for the final stages of the process, including fees to have Indigenous groups inspect the site.

Archeologists discovered bits of stone identified as Indigenous artifacts on his property and  how he could face massive fines or even jail time unless he pays to complete the assessment

He reached out to the minister of Indigenous affairs and even the Premier of Ontario for help, to no avail.

'I've never thought I'd have to go to the premier or even the council people. But nope, no help whatsoever,' he said. 

On July 29, the minister of Indigenous affairs and the minister of citizenship and multiculturalism, which is behind the Ontario Heritage Act, told Cassel that moving forward with the next stage of the assessment was his only option for building on the land.

'Such a determination falls within the roles and responsibilities of ministry officials, and therefore is not a political decision. As such, this is not within our purview to intervene – you must follow the established process that any other proponent in this scenario would have to adhere to,' the ministers wrote in a joint letter.

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

'If you, as a private property owner, are forced to endure a regulation that could cost you $40,000 or $400,000, in essence, it devalues your property or could break you,' he said. 

'That's simply not a fair approach to regulating private property.'