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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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6. Welland Canal (Feeder Dam) – 2,415.60 acres
Click Here to View Map of this Claim
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By Statute of January 19, 1824, the Welland Canal Company was incorporated to construct the Welland Canal. The statute provided that Six Nations was to be compensated if any part of the Welland Canal passed through Six Nations’ lands or if damage to the property or possessions of Six Nations was determined.
By Statute of June 9, 1846, the works of the Welland Canal were vested in the Province of Canada, with provision made for the determination of any unsettled claim for property taken, or for direct or consequential damages to property arising from the construction of public works including the Welland Canal.
By memorandum of November 2, 1883, J.H. Pope, Acting Minister of Railways & Canals, reported that lands in Dunn and Cayuga Townships had been submerged by the waters of the Welland Canal due to the construction of the Dunnville Dam which was raised to the height of five feet in 1829, one foot higher in 1830 and to its full height in 1835. Pope reported that in the years 1833, 1836, 1837, 1838 and 1849 compensation for damages to land improvements on 290 acres had been made to individual Indians, but no compensation was paid for the drowned land itself.
On January 27, 1890, the Deputy Minister of Justice was directed to submit to the Exchequer Court of Canada, Six Nations' claim to the lands flooded by the Welland Canal.
On February 7, 1890, Six Nations’ claim to the lands flooded by the Welland Canal was filed with the Exchequer Court of Canada.
On October 7, 1987, Robert Biljan, Administrator, Federal Court of Canada, advised that the claim had been filed, but never placed before the Court.
The lands flooded by the Welland Canal also formed part of the court action taken by Six Nations on January 12, 1943.
On May 13, 1994, John Sinclair, Assistant Deputy Minister, Claims and Indian Government Indian and Northern Affairs, advised Chief Steve Williams, that Canada had a lawful obligation for the Welland Canal Company’s failure to compensate Six Nations for the loss of approximately 2,000 acres of Six Nations' reserve land due to flooding.
ALLEGATIONS
Six Nations is entitled to full and fair compensation for 2,415.60 acres flooded by the Welland Canal Company.
**These are brief summaries and they are subject to change as additional research information may be acquired
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