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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 convenient tract of
land under his protection should be chosen as a
safe and comfortable retreat for them and others
of the Six Nations, who have either lost their
settlements within the Territory of the American
States, or wish to retire from them to the British
- I have at the earnest desire of many of these
His Majesty's faithful Allies purchased a tract of land from the ...  View More
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LITIGATION TIMELINE – General Overview
In 1995 SNGREC launched their lawsuit against Canada and Ontario for damages for Breach of Fiduciary Duty. SNGREC also claimed that the Crown was a Trustee of all their land and money and if the Crown could not properly account for the loss and depletion of all that land and money, then restore the lost value of all the land and money. It is an indirect way of seeking to get our land back, where we want it. It is imperative to understand, SNGREC when successful, the court would likely award financial compensation for damages only since a court would not order dispossession of millions of innocent third-party owners in portions of the Tract.
- December 1994 – Formal Notice of Six Nations’ Litigation against Federal and Provincial Government
- March 1995 – Action commenced in Brantford
- 1995-1997 – Initial exchange of pleadings
- 1996 – Parties begin producing documents
- 1999 – Discovery motion (a motion to obtain the opposing party’s evidence) decided in Six Nations’ favour
- 2000 – Examination of Canada’s discovery representative
- 1998-2002 – Interlocutory motions and appeals arising from discovery disputes
- 2004-2009 – Six Nations of the Grand River Elected Council decides to pause litigation activity while pursuing settlement negotiations (in 2006 the action was formally placed in abeyance at Canada’s request and, on consent, while settlement negotiations were active)
- 2009 – Action reactivated, Six Nations embarks on a process of preparing detailed Requests to Admit (Facts relating to specific documents being identified and facts identified in certain relevant documents)
- July 2012 to October 2019 – Delivery of lengthy and detailed Requests to Admit, and Responses to Requests to Admit, between the parties
- March 2016 – Parties agree to Discovery Plan and Electronic Discovery Protocol
- November 2017 – Action transferred on consent to Toronto after retirement of Brantford judge that was “case managing” the action
- January 2018 – Justice Sanfilippo is appointed Case Management Judge
- May 25, 2020 – Action bifurcated between liability and damages and timetable set for completion of discovery and expert reports
- May 2020 to September 2020 – Parties deliver amended pleadings
- October 30, 2020 – Parties delivered written questions on discovery arising from amended pleading
- March 12, 2021 - All parties to respond to any written questions on discovery
- April 30, 2021 - All parties may serve any written questions on discovery that follow up on answers provided to previous written questions on discovery
- June 30, 2021 - All parties shall answer any written questions on discovery that follow up on answers provided to previous written questions on discovery and all parties to complete a Joint Electronic Database of documentary production
- April, May and June 2022 - Plaintiff’s delivery of expert reports submitted
- August 2022 – Haudenosaunee Development Institute filed a motion to intervene in current litigation
- October 14, 2022 – Justice J. T. Akbarali is appointed Case Management Judge
- October, 2022 – Mississauga’s of the Credit First Nations filed a motion to intervene in current litigation
- February 3, 2023 – Motion by Six Nations to further amend the Statement of Claim
- May, 2023 – Hearings in Toronto on motions to intervene by Haudenosaunee Development Institute, Men’s Fire and Mississauga of the Credit First Nation
- April 30 & June 30, 2023 - Defendant’s delivery of expert reports
- June 14, 2023 – Motion to Intervene granted to Mississauga of the Credit First Nation with specific conditions; Motion to Intervene was denied by the Haudenosaunee Development Institute
- August 1, 2023 – Further Amendments to Six Nations’s Statement of Claim was granted
- August 2, 2023 – Haudenosaunee Development Institute to pay costs to Six Nations in the amount of $465,000
- September 15, 2023 – Amended Statement of Defence to be completed by Canada and Ontario
- September 29, 2023 – MCFN (intervener) to deliver its Statement of Defence
Proposed Dates:
- November 30, 2023 – Parties shall complete the delivery of Supplementary Productions
- March 30, 2024 – Expert Evidence to be delivered by Canada and Ontario; and Plaintiff to deliver any reply to expert reports to defendant’s expert reports
- May 1, 2024 – MCFN (intervener) to deliver expert evidence
- July 30, 2024 – Plaintiff to deliver reply of expert reports to the defendant’s expert reports
- September 30, 2024 – Parties to deliver any responding expert reports to MCFN expert evidence; and Plaintiff and/or Canada to deliver any reply to expert reports to Ontario surveyor report
- 2024 - As the trial was bifurcated on May 25, 2020, the trial for liability will be set to begin late in 2024 and the trial on damages will occur later
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Inadequacy of Crown Canada's