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Resolution to Injustices
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As of May 31, 2004 - 900,000 land acres have been lost to Six Nations for which approximately $2.3 million dollars sits as compensation in a Six Nations Trust Fund.
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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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Interim use Agreements
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In view of time factors of settling claims, Six Nations has worked jointly with surrounding municipalities, corporations and governments to allow persons to occupy the lands in a responsible manner and permit development to proceed under certain terms and covenants and without prejudice to our position on claims.
Examples:
1) In 1981, an Interim Agreement was reached that allowed the Ontario Ministry of Transportation to build the Caledonia bypass bridge across the Grand River. As payment or compensation for this permission, the Ministry of Transportation built Six Nations a much needed "Chiefswood Bridge" across the Grand River within the boundaries of Six Nations.
2) On March 18, 1993, the Corporation of the Town of Dunnville entered into an Interim Agreement with Six Nations to cross approximately 876 ft. for a sewer right-of-way across land that is subject to a specific claim remaining unresolved. Continued use of this 876 feet would then be subject to a new lease arrangement between Six Nations and the Town of Dunnville.
3) On October 4, 1993, an Interim Agreement between Six Nations and the Grand River Conservation Authority was created to allow emergency repairs to proceed on water level control weirs in the Grand River. Although no money was involved, a proper fishway and lamprey barrier has been built, as well as modifications to an existing fishway to enhance fish stock fronting Six Nations. As a prerequisite, up to 100,000 specialized Carolinian seedlings will be provided to the Six Nations Forestry Department yearly; free access to G.R.C.A. Education Centres will be provided to students at Six Nations; opportunities to bid on tree planting contracts; and joint training of Six Nations personnel, to expand the expertise of our technicians in the Six Nations Ecology Centre. This is a new arrangement developed, whereby, compensation is not a factor, but creative ideas to enhance the Six Nations environment are at issue.
4) On August 8, 1994, a five-year Interim Agreement between Six Nations and the G.R.C.A. was signed to proceed with immediate repairs to the Dunnville dam, once again under terms and conditions acceptable to Six Nations, but also recognizing that the failure of the dam would have a detrimental impact on the present aquatic system associated to the Grand River.
In addition to our standard environmental, archaeological and without prejudice to our land claims prerequisite, the work proceeded and the following was secured to the Six Nations:
- Access to G.R.C.A. conservation farm tillage equipment and technical assistance and advice.
- Increased access to the G.R.C.A. Nature Centres, Day Camps, Mobile Centres and outdoor educational opportunities to all Six Nations elementary school children at no cost.
- Technical assistance in developing and enhancing the fisheries program at Six Nations.
- Establish a Six Nations run water quality monitoring program in the Grand River (e.g. at the Blossom Avenue crossing) accountable to the Six Nations people and data sharing with the G.R.C.A. Also creating a data information gathering system to undertake routine water quality testing of the waters above Six Nations and early warning mechanisms to prevent contamination to the Six Nations Reserve water supplies.
- Provide technical assistance developing the Six Nations Ecology Centre and co-operative environmental progress at Six Nations.
- Finally, the G.R.C.A. and Six Nations will meet no less than every six months to review ecological enhancement initiatives within the Grand River watershed and as a forum to discuss the many issues of common concern associated with the Grand River.
5) On May 24, 1995 and July 6, 1995 Union Gas Limited entered into Interim Use Agreements to cross the Grand River and outer lands subject to Six Nations land claims. These Agreements are without prejudice to the Six Nations land claims and must be protective of the environment with cautions on any archaeological resources if discovered.
In addition, Union Gas will direct its contractors to use unionized Six Nations personnel, whenever possible, in the construction of its lines. Also, Union Gas must provide the following:
- 30,000 Carolinian saplings to Six Nations over the next five years;
- a custom, at no cost, Six Nations Gas Distribution Network design and make changes or alterations based on the needs for three years;
- such data to be electronically duplicated for Six Nations' use at no charge;
- train a Six Nations person to manage such electronic data;
- three training spaces in 1996, 1997 and 1998 for employees of Six Nations Natural Gas Company in Union's Customer Service Basic Training Program and Plant Service Basic Training Program.
- five years of engineering advice to Six Nations Natural Gas on an, as needed basis for Six Nations Natural Gas Projects, e.g., designing the crossing of the Chiefswood Bridge.
6) On June 30, 1995, the Dunnville Hydro-Electric Commission entered into an Interim Use Agreement with the Six Nations to bury hydro services under a 40 ft. stretch of land subject to a Six Nations land claim.
The same protective terms and conditions as outlined in the March 18, 1993 Agreement with the Corporation of the Town of Dunnville are mirrored in this Agreement. As the hydro agreement allows for a safety back-up hydro loop to service both the Hospital and Senior Citizens buildings in Dunnville, the Six Nations Council felt morally obliged to work on an Interim Use Agreement with the Dunnville Hydro-Electric Commission in this matter.
7) On February 4, 1997 to address concerns Six Nations had as relates to the Corporation of the City of Brantford’s Sanitary Landfill Site and Water Pollution Control Plant and their potential effect on the quality of water within the Grand River and lands within the jurisdiction of the Six Nations Council a formal Agreement was ratified between the two. It established a protocol for information exchange, time frames for implementing upgrades and the recommendations contained in a Report entitled “Mohawk Street Landfill Site design & Development Plan” dated April 1992.
This Agreement was a pre-requisite to discussion going forward on the other issues with The City of Brantford.
8) The Corporation of The City of Brantford required servicing for their North West Industrial Park that would involve crossing the Grand River with water and sewer lines. With the Agreement to address Six Nations concerns on the Brantford Landfill Site and Water Pollution Control Plant addressed Six Nations consented to discussing the North West Industrial Park Servicing.
In an Agreement of February 4, 1997, Six Nations and The Corporation of the City of Brantford formalized an Interim Use arrangement on a without prejudice basis to Six Nations claims or litigation to allow:
• The crossing of the Bed of the Grand River and the Island therein using directional drilling (this was later changed to be hung from a pedestrian bridge).
• Shut off valves and flow monitoring devices were required to be installed.
• Three other crossings had to be upgraded with proper shut off valves and flow monitoring devices and replaced via directional drilling on or before 2015.
• Quarterly and annual inspections must occur on the crossings with Six Nations invited to attend all inspections as they occur.
• Six Nations is indemnified and saved harmless.
• The Six Nations may develop on lands within the City (jointly with the City, Corporations or alone) and the City will not object to the lands being held “in trust”.
9) On October 1, 2001, the Six Nations Council and The Corporation of Haldimand County entered into an Interim Agreement to allow Haldimand County to replace an existing waterline crossing the Grand River at Caledonia.
All is without prejudice to Six Nations land claims and court case “Six Nations vs. Canada and Ontario”.
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Interim Use Agreements
