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TORONTO – The Canadian Constitution Foundation (CCF) is supporting an Ontario couple’s legal challenge against the province after the government refused to provide financial assistance for a mandatory archaeological investigation that has left their property a fenced-off excavation site for more than two years and exposed them to costs that could exceed $1 million.

The April 2024 discovery of approximately 1,000-year-old human remains during renovations on Christine and Daniel Reio’s Port Colborne property triggered a government-mandated process that requires them to fund extensive archaeological investigations and Indigenous consultation before construction can proceed. One estimate ranged between $439,000 and $1 million, depending on what further excavation reveals, and the Reios have been left with no financial assistance from the government and no practical path forward.

When the family applied for financial assistance, arguing that the costs represented an undue financial burden, the government refused. The government’s position is that this retirement-age couple should take out a line of credit and pay back the archeological dig costs over many years.

Today, the property sits under tarps as an excavation site. The family cannot build. They cannot reasonably sell. And they face the prospect of even greater costs if additional remains are discovered.

The Reios do not challenge the importance of respecting human remains or consulting Indigenous communities. Respecting burial sites and consulting Indigenous communities serve important public purposes. The question before the court is who should bear the cost of carrying out these public responsibilities.

The application for judicial review can be found here.

The CCF also launched a petition today urging the Ontario government to provide financial assistance to property owners, reform archaeological cost rules, and ensure fairness when public-interest obligations are imposed on private landowners. The CCF is asking Canadians who support these reforms to sign the petition, and to help fund the legal challenge through donations.

Christine Van Geyn, Interim Executive Director for the CCF, said the case has implications far beyond the Reio family, warning that any homeowner, farmer, cottage owner, or small business owner could find themselves facing the same extraordinary costs and restrictions if an archaeological discovery is made on their land.

“The Reios are the face of this case, but the principle at stake affects every Canadian,” said Van Geyn. “What happened to the Reio family exposes a serious gap in the protection of property rights in Canada. We’re fighting for the Reios, but we’re also fighting to ensure that no other family finds itself facing the same unjust financial burden.”

Josh Dehaas, Interim Litigation Director for the CCF, said it is unreasonable to force one couple to bear the full cost of obligations that exist to serve the public interest.

“If the government requires homeowners to undergo archeological digs and consult with First Nations, the government should bear that cost,” Dehaas said. “Otherwise they have effectively taken the property.”

The Reios will be represented on behalf of the CCF in this case by Shane Rayman of Rayman Harris LLP.