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Litigation (Litigation Support Unit)
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Once a claim is recommended for acceptance as valid, it is sent to the Minister of Indian Affairs for approval. This constitutes direct political interference.
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Six Nations filed a Statement of Claim on March 7, 1995 against the Crown Canada and Ontario requesting an accounting of all land and monetary transactions held in trust by the Crown.
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The Claims Policy is applied in an inconsistent and highly arbitrary manner depending far too much on the Senior Bureaucrat or Justice Advisor assigned to the claim.
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The claims process uses arbitrary standards such as "degree of doubt", "discounting" and "special value to the owner".
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Four claims have been validated for negotiations, they are Innisfil and East Hawkesbury Townships; Block No. 5, Moulton Township; and Lands Flooded by the Welland Canal.
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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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Negotiations
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An education campaign began in February, 2006 along Highway 6 near Caledonia, Ontario, by a group of Six Nations people. This education campaign later evolved into the reclamation of a 130-acre proposed housing development site in Caledonia called the Douglas Creek Estates (DCE). After a police raid on April 20th, the reclamation evolved still further into blockades of Highway 6, the Highway 6 by-pass and the railway line.
In order to ease tensions and come to some resolution on the disputed DCE lands, the Six Nations Elected Council made a decision to step back from the issue and voted on April 16, 2006 to support the Haudenosaunee in leading the negotiations. The Six Nations Elected Council would still be involved in the negotiations.
The Haudenosaunee, Six Nations Elected Council, Canada and Ontario started negotiations in May, 2006.
The HSN, Canada and Ontario representatives met on a bi-monthly basis. The Lands and Resources Department worked in conjunction with the HSN Land Rights Department in the negotiations by providing and assisting with additional research required on Six Nations claims discussed at the negotiations table.
On May 31, 2007, a representative from Canada made an offer to resolve the historical grievances of Six Nations in regards to the following claims, Burtch Tract, Block No. 5 (Moulton Township), Welland Canal (Feeder Dam), and the Grand River Navigation Company Investment for the amount of $125 million.
Subsequently, the HSN questioned Canada on what formula/calculation they used to reach this offer. This $125 million dollar offer has not been accepted or rejected by HSN and meetings continued with Canada and Ontario to discuss the claims that Canada included in their offer. All sides agreed to focus on one claim to come to a resolution/settlement and began in-depth research on Six Nations lands flooded by the Welland Canal.
On December 12, 2007, a representative from Canada made an offer to resolve grievances in respect to the Welland Canal flooding of Six Nations lands in the amount of $26 million.
In 2008, the HSN replied with a counter proposal to the $26 million offer, based on a calculation obtained from an expert economist an amount in the range of $500 million to $1 billion. HSN proposed to proceed with the negotiations focussing on land and perpetual care and maintenance in the amount of $500 million for historic loss of use of lands flooded by the Welland Canal. This was not accepted by Canada and Ontario but agreed to continue negotiations.
Since 2010, meetings have not continued in a formal format as previously held between all parties.
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Inadequacy of Crown
