The OHS has launched a petition to the Legislative Assembly of Ontario urging the Province of Ontario to protect the Cooley-Hatt Cemetery from real estate development. 

The Cooley-Hatt Cemetery is a very early pioneer cemetery (circa 1786) with an estimated 99 unmarked burials, located in the community of Ancaster, in the City of Hamilton, on the Niagara Escarpment and in the Greenbelt. The cemetery is on lands purchased by developers who wish to relocate part of the cemetery for the construction of a new subdivision. 

The Province has declared this an “unapproved” cemetery despite its appearance in many official municipal documents, including most recently, 1998 maps from the Town of Ancaster Planning & Building Department. In July 2006, Marjorie Stuart and Rob Leverty with descendants Richard Hatt (Hatt Family) and Shaune Copeman-Botosh (Cooley Family) “walked through a lovely field of wildflowers and raspberries to reach this historic cemetery.”

Richard Hatt (1769-1819), and his wife Mary Cooley, along with some of her family and several of their nine children are buried there. Richard Hatt was a businessman, judge, politician and militia officer. He established a mill in Dundas Mills which included a distillery, potashery, general store, sawmills, a coopery and a blacksmith shop, as well as a mill in Ancaster.

Richard Hatt served in the War of 1812 as a Major in the 5th Lincoln Militia and was severely wounded at the Battle of Lundy's Lane. He was appointed Justice of the Peace in 1800 and a judge of the District and Surrogate Courts. He purchased Joseph Willcocks' printing press and published the Upper Canada Phoenix. He was elected to the 7^th Parliament of Upper Canada in 1817. Richard Hatt died in 1819 and was buried in the cemetery. 

The good news is that the OHS has already received petitions signed by Ontarians from 58 cities, towns and villages urging the protection of the Cooley-Hatt Cemetery. At a recent meeting of the Toronto Branch of the Ontario Genealogical Society, 103 individuals signed our petition. Now we ask for your help as the descendants need all the support we can muster. 

A copy of the petition is available to download. The official format of the petition should not be altered. Make additional copies first if more than ten people wish to sign it. The petition can also be obtained by calling our office toll free 1.866.955.2755. An individual can only sign the petition once and it is important that you print your name clearly with your full address. Please circulate the petition to the members of your organization and to friends and family.

The original signed petition should be mailed to:

The Ontario Historical Society,
34 Parkview Avenue,
Willowdale, ON M2N 3Y2.

The Society will sort and copy the petitions and send them to the Legislature Assembly of Ontario to be introduced during the fall session.

If Bill 149, the Inactive Cemeteries Protection Act, 2009 had passed, it would have prohibited the relocation of the Cooley-Hatt Cemetery. There was tremendous support for Bill 149 from citizens all across Ontario. On March 12, 2009, Members of the Ontario Legislature from all parties rose to speak in support of Bill 149 at 2^nd Reading, eloquently urging that our cemeteries be protected in their original locations. Regrettably, Bill 149 was extinguished when the 1^st Session of the 39^th Legislative assembly of Ontario was prorogued on March 4, 2010. 

Hence, our struggle for the public interest must continue. If this so-called unapproved cemetery is desecrated for real estate development, it will set a dangerous precedent for the other estimated 1,500 unapproved pioneer cemeteries in Ontario. You can also call or write your local MPP and urge him/her to stop the relocation of the Cooley-Hatt Cemetery and ask them if they would support the re-introduction of the Inactive Cemeteries Protection Act.

It is our duty and mandate to protect the vulnerable and valuable heritage of Ontario’s cemeteries. As Jim Brownell MPP (Stormont-Dundas-South Glengarry) stated in his closing remarks on debate of Bill 149 at the Legislature “these fights should not have to go on any longer… I hope that we in the Province of Ontario can continue to visit those sites in their original locations and stop this fighting, to preserve the sanctity of these sacred places in our province.” 

On behalf of the OHS and the Cooley and Hatt families, we deeply appreciate your continued support. Thank you!

The Ontario Historical Society works to protect the vulnerable and valuable heritage of Ontario's cemeteries.  Charitable tax receipts are issued for all donations to the Cemetery Defence Fund. 

Left: Priceville Black Cemetery, preserved and protected by the Old Durham Road Pioneer Cemetery Committee, an OHS affiliate since 1999.

Unregistered cemeteries have very little protection under the Funeral, Burial and Cremation Services Act. These cemeteries may be relocated with the minimum of notice and input from interested parties.

There is very little that can be done to protect burial sites and the dignity of the deceased if their presence is unknown to authorities.

It is important that all known burial locations in Ontario be registered with:

The Cemeteries Regulation Unit,
Ministry of Business Services,
Place Nouveau, Suite 1500,
5775 Yonge Street,
Toronto, ON M7A 2E5. 
Toll Free: 1.800.889.9768

All cemeteries should also be recorded on the municipality’s Official Town Plan. This is particularly important in the case of unmarked burial sites. Interested parties should contact their Municipality’s Clerk, or if possible, its heritage planner for more information.

To view a listing of unregistered cemeteries in Ontario, click here.

Cemetery News is a column that appears in each OHS Bulletin describing challenges, solutions, and events surrounding Ontario's cemeteries, especially its heritage pioneer cemeteries.  It is written by longtime volunteer and recent Cruikshank Medal winner Marjorie Stuart.  Marjorie can be contacted at marjstuart@sympatico.ca.

To view past Cemetery News columns online, click here.

One common theme which runs throughout many Cemetery News columns is the need to register an unregistered cemetery! 

From Cemetery News,
December 2007 OHS Bulletin, Issue 162
Marjorie Stuart marjstuart@sympatico.ca

Saturday, November 10^th 2007 was a lovely sunny day. It is usually a bleak and cold day but for the Clendenen family it was a triumphant day. Over fifty people gathered for the rededication of this pioneer cemetery and unveiling of a plaque to honour, John and Magdalene Clendenen and their descendants. They were one of the Town of Markham’s earliest families. The Clendenens are believed to have settled their land in the late 1790s. The property remained in the family until 1950.

Harold Clendenen, along with his brother, Gordon, and sister, Muriel Reesor, were joined by nieces, nephews, and numerous cousins. Members of the heritage community from all over the Greater Toronto Area attended in this historic event.  The family appears in the picture (right).

In 1995 the Town of Markham and the property developer asked the Ontario Registrar of Cemeteries to order that it was in the public interest for this pioneer cemetery to be officially closed and moved. The Ontario Historical Society and the Ontario Genealogical Society joined forces to appeal the Provincial decision to the Commercial Registration Appeal Tribunal. The appeal hearing took place in Toronto from November 27, 1995 until July 30, 1997 and it was the first time such a case had ever been heard in the Province of Ontario. It took 19 months for the Tribunal’s three Hearing Officers to write and release their decision. In February 1999, the Tribunal ruled in favour of the OHS and OGS appeal declaring that it was not in the public interest to close and move Clendenen Cemetery. This was a landmark ruling!

John Webster, Markham Councillor (Ward 5), introduced the various speakers and people who assembled at the Clendenen Cemetery for the plaque unveiling. Mayor Frank Scarpitti spoke about the importance of the Town’s rich history. He mentioned the struggle to save the Clendenen cemetery and said that there had been a dramatic change in attitude towards preservation of Markham’s many pioneer cemeteries and pledged that there would never be another closure issue. Town Historian, Lorne Smith, spoke about the Clendenen family and said that plans were under way to preserve four other pioneer family burial grounds - Wurts, Pingle, Reesor and Hoover. Along with the Clendenen family these were all pioneers who settled in Markham in the late 1790s. Rev. Dr. John Niles rededicated the cemetery and spoke of the earliest Methodist minister, Rev. Bangs. He had been a “saddlebag” preacher who covered the territory from Kingston to York Region. Rev. Dr. Niles spoke of the tradition of consecrating a burial ground with oil and water for the purpose of setting this land apart for the glory of God and the eternal rest of the believers.

Harold Clendenen then spoke briefly and from his heart when he thanked the OHS and OGS and in particular certain individuals who had stood by the family in the struggle to preserve Clendenen Cemetery. He repeated what he had said on the witness stand ten years ago. “A cemetery is a cemetery forever and forever.” For the Clendenen family and their many friends this was a fine tribute and ending to what could have been a black page in Ontario’s history.

A memorable rededication ceremony of the Clendenen Family Cemetery then took place and the historical plaque to commemorate the restoration of this cemetery was unveiled.

A decade ago, The Town of Markham, with the Province of Ontario and the developer, fiercely fought against the OHS and OGS and the descendants. On behalf of the OHS and OGS, I would like to congratulate the Mayor of Markham, the Council and staff for holding on November 10, 2007 a very honourable and dignified ceremony. Now the Town of Markham has officially joined us in the struggle for the public interest.

This was a great day for the original and authentic history of Ontario!