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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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4. Block No. 5, Moulton Township – 30,800 acres
Click Here to View Map of this Claim
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Joseph Brant was given Power of Attorney on November 2, 1796 to nominate purchasers for 4 Blocks, namely Blocks 1-4. This 1796 document did not authorize the purported surrender of Block No. 5. Nevertheless, on February 5, 1798, a major part of Block No. 5 consisting of approximately 30,800 acres was purportedly surrendered and patented to William Jarvis for a security of £5,775 (provincial currency)
On June 24, 1803, the Executive Council of Upper Canada reported that William Jarvis had not executed security for the payment of Block No. 5. The Executive Council conceived that Jarvis could not pay for the block and recommended that the Six Nations Trustees accept a release from Jarvis. On Jarvis' release of Block No. 5 the Executive Council advised that it would return the land to Six Nations.
Six Nations in Council on August 17, 1803, agreed that William Jarvis had not complied with his contract for Block 5 that the block should revert back to Six Nations.
In May, 1807, William Claus, Deputy Superintendent General of Indian Affairs, reported to Six Nations that Lord Thomas Douglas Earl of Selkirk was named the new purchaser of Block No. 5 and paid £600 of the purchase money to William Jarvis. (being the amount Jarvis had only paid) The £600 was to be deducted from Lord Selkirk's security price.
On January 15, 1808, Lord Thomas Douglas Earl of Selkirk executed a mortgage wherein Earl of Selkirk agreed to pay £3,475 with 6% interest for Block No. 5. No term is listed on this document. By 1836, the mortgage went into default.
By letter of October 16, 1909, Henry T. Ross, Assistant Deputy Minister of Finance, advised E.L. Newcombe, Deputy Minister of Justice, that nothing had been paid on Block No. 5 since the February, 1853 payment of £400.
On November 19, 1993, John Sinclair, Assistant Deputy Minister, Claims and Indian Government, Indian and Northern Affairs, advised Chief Steve Williams of Six Nations, that Canada acknowledged it had breached a lawful obligation to Six Nations in relation to its administration of Indian funds or other assets by failing to enforce the Earl of Selkirk mortgage when the mortgage went into default in 1836.
ALLEGATIONS
Block No. 5 was not lawfully surrendered.
Although Six Nations requested the return of Block No. 5 (Moulton Township) consisting of 30,800 acres, it was never returned.
The Crown has not shown that all of the principal and interest owing from Block No. 5 was credited to the Six Nations Trust Fund Accounts.
The Crown has not shown that the mortgage for Block No. 5 was actually discharged.
**These are brief summaries and they are subject to change as additional research information may be acquired
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