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Six Nations Land Claim Summaries (Basis & Allegations)
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Six Nations has been researching Land Claims since the 1970's
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Of the 29 submitted and potential claims, there are several more to be researched
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The only claims submitted outside of the Haldimand Tract are Innisfil and East Hawkesbury Townships
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Specific claims are defined as an unfulfilled Treaty or agreement between Canada and Indians.
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The Haldimand Treaty of 1784
Whereas His Majesty having been pleased to
direct that in consideration of the early attachment
to his cause manifested by the Mohawk Indians
and of the loss of their settlement which they
thereby sustained - that a ...  View More
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2. Innisfil Township – 900 acres
Click Here to View Map of this Claim
3. East Hawkesbury Township – 4,000 acres
Click Here to View Map of this Claim
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Colonel William Claus throughout his career was a Crown appointed official with many titles; below is a list that shows his dual acting Government appointed positions acting on behalf and for the benefit of Six Nations and the Government of the day:
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Deputy Superintendent of Six Nations
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- Oct. 1796 to 1826
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Six Nations Trustee
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- Feb. 5, 1798 to Nov. 11, 1826
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Deputy Superintendent General of Indian Affairs
& Deputy Inspector General of Indian Affairs
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- Sept. 30, 1800 to Nov. 11, 1826
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Member of Executive Council
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- Feb.1818 to Sept. 1824
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Member of Legislative Council
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- Feb.1812 to Nov.12, 1826
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The Executive Council of Upper Canada reported on the history and present state of the trusts accounts created for Six Nations on May 14, 1830. This Executive Council could not ascertain how the trust accounts were managed for Six Nations by Colonel Claus. It was reported that upon the death of Colonel Claus, his son, John Claus was confirmed as the solicitation in the appointment of Trustee by the late Lieutenant Governor Sir Peregrine Maitland. The Executive Council recommended further investigation into the trust accounts.
J. Givens, Chief Superintendent, Indian Affairs, in letters dated December 31, 1830, reported that the Lt. Govr. had been authorized by John Claus to liquidate the debt of about £5,000, which Colonel Claus owes to Six Nations, by appropriating the whole of his estate to Six Nations.
By three separate surrenders all dated June 6, 1831, John Claus (Colonel William Claus' son) conveyed 900 acres in Innisfil Township and 2,800 acres in East Hawkesbury Township to Six Nations and Catherine Claus (Colonel William Claus' widow) conveyed 1,200 acres in East Hawkesbury Township to Six Nations.
On September 23, 1831, B. Turquand, Accountant, under the intimation of the Lieutenant Governor, issued a statement on the financial affairs of Six Nations. Turquand found that the sum of at least £5641.1.4 ½ (provincial currency) could not be accounted for by John Claus and charged the same to the estate of the late Colonel William Claus.
Between 1840 and 1860, the Innisfil Township lands were sold and between 1847 and 1878, the East Hawkesbury Township lands were sold.
On November 7, 1851, J.S. Macdonald, (Solicitor General) advised Lieutenant Colonel Bruce, Superintendent General of Indian Affairs, that he was acting as defense for the parties in East Hawkesbury and Innisfil Townships in the action to have the parties ejected from the lands which they had acquired from the Indian Department. The action had been brought forward by Mr. and Mrs. Dickson of Niagara.
Solicitor General Macdonald advised that it had been agreed upon by the plaintiff's attorney and himself, that one of the actions would be tried and if the judgement was in the plaintiff's favour, such judgement would determine the whole and the plaintiff would be at liberty to take possession of all the lands, as if judgement had been obtained in all the actions, unless a satisfactory arrangement could be made with the Department within four months after such final judgement.
In 1852, the Court of Upper Canada, Queen's Bench, held in a test case (Dickson v. Gross) that the title of one of the purchasers to a part of the Innisfil lands was defective because John Claus did not have proper title in 1831 in order to be able to convey the lands to Six Nations. The Court held that such title had resided in the William Claus Estate and not in John Claus’ personally.
On January 20, 1853, Alex Stewart, at the request of Six Nations, advised Honourable Colonel Bruce (Superintendent General of Indian Affairs) that Six Nations objected to any payment being made out of their funds to the heirs and devisees of Colonel William Claus.
On February 7, 1853, a Committee of the Executive Council of Canada reported to the Governor General that in regard to the action brought by Walter Dickson, representative of several heirs of Colonel William Claus, judgement had been given in favor of the plaintiff Dickson.
The Committee thought that by reaching a compromise with Colonel William Claus heirs' and devisees' claim to the lands in Innisfil and East Hawkesbury Townships, by perfecting the title of the Crown for Six Nations that the best interests of Six Nations had been taken into consideration. The Committee also thought that the direction pursued had enabled the Indian Department to settle the various and complex claims that would have been presented against them for a less sum than if any other course had been followed.
From 1847 to 1921, sums were paid out of the Six Nations Trust Funds. Costs of the 1852 Court Action awarded against the defendants, other expenses of the defendants, and £5,000 to release any interests which the Colonel Claus Estate might have in the Innisfil and East Hawkesbury Township lands.
From 1831 to 1851, Six Nations’ Trust Funds were used to pay land taxes on the Innisfil and East Hawkesbury Township lands.
ALLEGATIONS
There is no lawful surrender from Six Nations to the Crown for the sale of Six Nations' lands in Innisfil and East Hawkesbury Townships.
Six Nations is not liable to pay land taxes on Indian lands. Six Nations is entitled to be re-imbursed with interest the sums paid for land taxes from 1831 to 1851 on the Innisfil and East Hawkesbury Township lands and should receive full and fair compensation.
As Six Nations is not liable for matters resulting from the incompetence of Crown Officials, Six Nations should be reimbursed with interest the sums paid to obtain lawful title to the Innisfil and East Hawkesbury Township lands.
**These are brief summaries and they are subject to change as additional research information may be acquired
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