Caldwell First Nation members face eviction over security cameras

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Just months after moving back onto their ancestral lands, some members of Caldwell First Nation are facing potential eviction amid a disagreement with leadership over the use of personal security cameras on the reserve.

A 48-hour notice requiring the removal of security cameras was first issued to several residents on Oct. 21.

The notice, obtained by the Windsor Star, cited a breach of the lease agreement, specifically regarding drilling or affixing items to the outside of units. While recognizing the tenants’ desire to protect their property, the notice — issued by Chief Nikki van Oirschot on behalf of council —  said it was essential to respect “the privacy rights and expectations of those living nearby.”

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“We feel like we are being targeted,” said Caldwell resident MaryAnne Kenney. “I’m going to fight it and I know I am not alone.”

Kenney previously told the Star that she installed three cameras — two surveillance and a doorbell camera — in August with the knowledge of Caldwell’s housing manager. She said she had not heard anything about her cameras until a few days prior to receiving the notice.

Some residents feel uncomfortable knowing that, while on their own property, neighbours’ security cameras might record them at any time. The on-reserve housing, modern and energy-efficient, is designed with some units backing onto each other or positioned in close proximity.

“(This) means that actions taken in or around one unit can directly impact the privacy and well-being of neighbouring residents,” the notice read.

“It is a condition of occupation and tenancy to adhere strictly to the lease agreement, which clearly stipulates that no drilling of any kind is permitted into the units.

“Violations of this clause are taken very seriously and will result in appropriate action being taken to address these breaches.”

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Tenants are required to repair or pay for any damages to units or property caused by willful or negligent conduct, according to Caldwell’s Tenancy Agreement and Housing Policies.

If damages such as drill holes aren’t repaired, the tenant could be evicted from their unit.

“We were told we could install the cameras in our house and aim them at our door,” Kenney said, “but what good is that going to do to whatever’s happening outside?

“We have spent a lot of money on brand new stuff to move in here.”

In addition to the 48-hour notice, residents received another notice Nov. 1 regarding a breach of Caldwell’s tenancy agreement.

The notice stated that the instillation of security cameras had been carried out without the landlord’s express consent, reinforcing the need for compliance with the lease terms.

“Apart from the installation of decorative items such as pictures, window coverings, etc., and not make any modifications to the rental unit without the express consent of the landlord, which consent shall only be given in writing,” the notice read.

“CFN requests that you remove the cameras within 15 days of receiving this notice. Failure to resolve this issue may lead to an eviction.”

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Rob Louie, president of the Band Members Alliance and Advocacy Association of Canada, emailed a letter dated Sept. 23 to Chief van Oirschot saying the “vague” mention of a band policy was “not the law.”

“Her rental agreement does not prohibit personal video cameras in or on her premises,” the letter read. “The video cameras are being used as her own safety measure to protect her from intruders and unwanted visitors.

“The video cameras are not pointed at her neighbour’s residence (but) are pointed within her immediate space within her own property.”

Residents received another notice Nov. 15, further addressing the issue of cameras while assuring more security.

In an effort to balance the interests of all tenants, residents were informed that CCTV cameras would be installed on light poles at the end of streets, ensuring security while addressing privacy concerns.

“The landlord has heard and sympathized with the security matters you have raised,” the notice read. “However, CFN also has an obligation to protect the integrity of its rental units, ensure other tenants are safe and secure, and ensure their privacy and right to enjoy the premises are not unreasonably interfered with.

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“This measure will provide enhanced security without infringing on the privacy rights of other tenants.”

According to a social media post, eviction notices were sent Nov. 26 to residents who had refused to remove their security cameras despite previous warnings.

“You have been provided two prior notices of your default in accordance with the Tenancy Agreement and have been afforded a reasonable opportunity to remedy your default,” the eviction notice read. “You have failed to remedy your default.

“Pursuant to s.16.4 of the Tenancy Agreement,  this notice will constitute your third and final notice to remove the security cameras installed and return the unit to its original condition. Failure to do so will result in your Tenancy Agreement being terminated and will require you to deliver up vacant possession of the premises by noon on Dec. 26, 2024.”

Chief van Oirschot did not respond to the Star’s request for comment.

“I think everybody here is willing to come to a resolution but it needs to benefit all of the band members of Caldwell First Nation,” Kenney said. “We’ve adjusted our cameras so they are not pointed toward anyone’s windows.

“That was never the case but we lowered them anyways.”

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