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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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1. Canadian National Railway Right-of-Way, Oneida Township - settled
Click Here to View Map of this Claim
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The Hamilton and Lake Erie Railway was incorporated on December 24, 1869, by An Act to authorize the construction of a Railway from some point in the City of Hamilton to Caledonia, which reads “the said company hereby incorporated…shall have full power under this Act to construct a railway…with full power to acquire the necessary lands for that purpose.” On October 7, 1871, James Turner advised Joseph Howe that “in completing survey of line…serious damage will be done to a large number of farms in the Township of Oneida…which would be avoided were the line run a little to the westward…between the Indian Reserve and the rest of the township.” During a Council Meeting on March 7, 1872, “the Speaker rose and said in reference to the proposed right of way, it is unnecessary to have a Meeting, as the Council wd not consent to grant it.” Then on September 23, 1873, “there will be no necessity to take a Surrender from the Indians of those lands as the Law authorizes a Railway Company to take all lands required for the purposes of the Railway.”
The minutes of the Board of the Hamilton and Lake Erie Railway Company meeting, of March 22, 1875, are as follows:
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“The President explained that he had attended the Conference with the Chiefs of the Six Nation Indians & had succeeded in obtaining a Grant of the Right of Way through their Land on consideration of the Company issuing Half fare tickets to the Indians for all time to come. Thereafter, to the motion of Mr Copp, seconded by Mr Williams, it was unanimously Resolved, “That in consideration of the Land required for the purposes of this Company for their Right of Way and Station Grounds in the Indian Reserve Lands in the Township of Oneida in the County of Haldimand, being granted to this Company, The Company Do Grant to all adult Indians of the Six Nations residing upon the Indian Reserve in the Counties of Haldimand and Brant, for all time to come, the privilege of being carried as Passengers from any Station to any other Station on the Line of the Railway of the Company, lying between the waters of Burlington Bay and the waters of Lake Erie by any of the ordinary Passenger Trains of the Company, at one half the usual & ordinary rate of fare for Passengers, & that an Agreement embodying the terms of this resolution be executed by the Company.”
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This offer was accepted by the Council on April 2, 1875, as recorded in the following minutes:
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“The Speaker rose, and reported the decision of The Council, that the right of way through the Township of Oneida, according to the plan of Survey produced, be granted to the Hamilton and Lake Erie Railway Company free of any charge, in consideration of passing members of the Six Nations over said Railway at half rates for all time to come.”
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However, through a letter of August 14, 1875, “the condition proposed by the Co. that they will carry members of the Six Nation Indian Community at half fare over the road, cannot be entertained. Any land required for a right of way by the Co. must be paid for in the usual way & as regulated by the 25th Sec. of Act 31 Vic., Cap. 42.”
In 1895, “the area of land originally taken for Right of Way is shown in the correspondence of record to have been 89.12 acres, valued at $16.00 per acre = $1425.92.” Demands were made to obtain payment, but were ignored by the railway company.
In 1903, the Grand Trunk Railway Company, which had taken over the previous railway companies, required a small portion of Reserve land to build a siding. This activated the Indian Department to press for payment, and after threatening court action, the Company forwarded to the Secretary, Department of Indian Affairs, a Voucher on February 24, 1904, for the sum of $2,287.16, being the original valuation computed with interest. This was placed to the credit of the Six Nations on March 24, 1904. On June 24, 1904, Letters Patent No. 13856 was issued to the Grand Trunk Railway Company conveying the land to the Company.
This land, being part of the Six Nations Reserve, was never surrendered to the Crown. On November 4, 1980, Six Nations Council filed a claim with the Minister of Indian Affairs for the unauthorized taking of reserve land.
The Government established a specific claims policy, where a claimant band could establish that their reserve lands were never lawfully surrendered, or otherwise taken without legal authority. The band shall be compensated either by the return of those lands or by payment of the current, unimproved value of the lands. In any settlement of specific native claims, the Government will take third party interests into account. As a general rule, the Government will not accept any settlement which will lead to third parties being dispossessed.
On June 8, 1983, the Minister accepted Six Nations claim as eligible for negotiation in accordance with the provisions of the Government’s specific claims policy.
In December, 1984, the Six Nations of the Grand River Council reached a tentative agreement with the Federal Government for the unauthorized transfer of the land, being used by the Canadian National Railway, running along the Eastern limit of the reserve. Consequently, it became necessary to arrive at a monetary value of the claim. After prolonged negotiations an amount of $610,000.00 was agreed upon. However, rather than take a cash settlement, the Six Nations Band Council has taken options on three (3) parcels of land, the value of which, together with expenses incurred amounts to the total agreed upon.
Terms of Settlement
In January, 1985, and under the terms of proposed settlement, Canada agreed to complete the purchase of and set aside land as an addition to the Six Nations Reserve No. 40.
The Six Nations Band Elected Council will also have the first chance to purchase the said railway lands if they are no longer used for railway purposes and are re-acquired by Canada. Furthermore, nothing in this claim settlement shall affect any rights the band may have in any other lands except the described railway lands.
A survey of the lands were undertaken and the Six Nations Band Elected Council therefore called for a surrender vote, under Section 39 of the Indian Act, of the Band’s Six Nations of the Grand River interest in the railway lands consisting of 80.616 acres upon the condition of having the 259.171 acres added to the Six Nations Reserve.
On November 2, 1985, a referendum was held with the results in favour. However, a majority of the electors did not vote, thus a second referendum was held on December 7, 1985, accepting the terms and conditions of the Railway Land Claim Settlement Agreement.
By an Order-in-Council P.C. 1987-687, dated April 2, 1987, the 259.171 acres were added to the Six Nations Indian Reserve No. 40. (See Map: Lands acquired for Six Nations)
**These are brief summaries and they are subject to change as additional research information may be acquired
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