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  Six Nations Land Claim
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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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5. Hamilton-Port Dover Plank Road, Seneca and Oneida Townships
From 1763 to 1982, Regulations, Instructions and Constitutional Rules pertaining to the alienation or dispossession of Indian lands were issued by the Crown. Subsequently, these Laws were not administered by the Government when dealing with Indian Lands.

On March 6, 1834, An Act to authorize the construction of a Road from Hamilton, in the Gore District, to Port Dover in the London District was passed. In accordance with this Act, the Commissioner was to empower to contract for a surrender of the land from persons who occupy, held possession of or interest in any of the Lands for the said new Road or Highway. Damages were also to be paid to the Claimant.

On January 16, 1835, Six Nations in Council, advised that they would permit leases for half a mile on each side of the Hamilton Swamp Road (Hamilton-Port Dover Plank Road).

On May 1, 1845, J.M. Higginson, Civil Secretary, reported to D. Thorburn, Special Commissioner, that the land to the extent of half a mile in depth on either side of the Hamilton-Port Dover Plank Road was purportedly surrendered to the Crown in 1835 to enable the Lieutenant Governor to grant leases of 21 years.

From approximately 1837 to 1953, the Crown sold lands and letters patent were issued for the lands approximately half a mile on each side of the Hamilton-Port Dover Plank Road.


ALLEGATIONS

The Hamilton-Port Dover Plank Road which later became Highway 6, is located in the Townships of Oneida and Seneca. The lands used to construct the Hamilton-Port Dover Plank Road and the tier of lots on each side of the road consists of approximately 10,406.527 acres (deed plotted); 1,946.340 acres are in Seneca Township and 8,460.187 are in Oneida Township, including the Town plot of Caledonia.

There is no lawful surrender from Six Nations to the Crown for the lands taken for use of a road being the Hamilton-Port Dover Plank Road, or for the tier of lots on each side of the road.

Six Nations were deprived of continual rental revenues for the land and royalty revenues of the mineral resources there under of the tier of lots on each side of the Hamilton-Port Dover Plank Road.

Six Nations never received compensation for the lands used to construct the Hamilton-Port Dover Plank Road, nor did they receive full and fair compensation for the tier of lots on each side of the road.

The Crown has not shown that all the purported sums paid on the tier of lots on each side of the Hamilton-Port Dover Plank Road were credited to the Six Nations Trust Fund Accounts.

**These are brief summaries and they are subject to change as additional research information may be acquired
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