Christine Van Geyn: A family found ancient remains on their property. Their nightmare was just beginning

A researcher examines human remains during an excavation in Marsal, France, in 2014. Photo by FRED MARVAUX/AFP

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The Reio family was supposed to be living the Canadian dream. After a lifetime of hard work, they had saved money to buy a small lot with a modest home on the shores of Lake Erie. It was where they planned to spend their retirement. The existing bungalow needed work, but the Reios were ready to build their dream. They planned a small renovation that would involve keeping the existing foundation but building a slightly larger home with a second story and two bedrooms for their adult children and, one day, maybe grandchildren. The work began in 2024, and that’s when the Reios’ nightmare began.

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When taking down the garage, their contractor discovered human remains. When such remains are found on a property, a legal process is triggered. Of course, police must be called to make sure it’s not a missing person or a murder victim. In this case, the police determined the remains were very old, just like those, as it turned out, that had been found on other properties all along their street. These remains are believed to be over 1,000 years old. When ancient remains are found in Ontario, it triggers a different process, an archeological one, with the potential to bankrupt property owners and prevent them from controlling their own land.

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The process began with an order from the Registrar of Burials compelling the Reios to conduct an archeological investigation. They are legally obligated to do the investigation, and failing to do so can lead to fines and even jail time. But the Reios can’t afford it. The cost is extraordinary. One estimate put the cost at $50,000-$60,000 per week, for 10 weeks. But that’s just the beginning. No one can actually tell the Reios how much the investigation will cost, or how long it will take. If more remains are found, the dig site expands, and it could end up costing over $1 million. That’s more than the value of the property. The Reios were also told by the Registrar of Burials and the archeologist that Indigenous engagement and supervision in the investigation is mandatory, and this represents about half the costs.

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The Reios believe in reconciliation and in treating human remains with dignity and respect. But they simply cannot afford these costs. Yet the Registrar of Burials denied the Reios’ request for financial assistance, finding that these six-to-seven figure open-ended quotes would not be an undue financial hardship on this retirement-aged couple. In its decision denying compensation, the Registrar of Burials suggested that the Reios could pay for the investigation by taking out a line of credit and paying it back over years. It is unreasonable to apply the law in a way that forces an owner to put themselves in significant debt to undertake an investigation for the public benefit.

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There is a public interest in preserving human remains and archeological sites. The problem is the government is obtaining this public benefit of preserving archeological remains and expecting the Reios to suffer financial devastation to pay for it. The Reios cannot live on their property, build on it or reasonably sell it. The government is requiring them to suffer financial devastation to comply with the law, and if they fail to do so, they could face jail time.