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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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17. Canadian National Railway Right-of-Way, River Range, Onondaga Township
Click Here to View Map of this Claim
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On August 10, 1850, An Act to authorize the formation of Joint Stock Companies for the construction of Roads and other Works in Upper Canada was amended to include Rail-Roads or Tram Roads. Also on this date, An Act for the protection of the Indians in Upper Canada from imposition, and the property occupied or enjoyed by them from trespass and injury was sanctioned.
A Proclamation was issued on November 8, 1850, reserving certain lands in Onondaga Township being River Lots 45-61 in its entirety for the use and benefit of the Six Nations Indians exclusively.
On November 25, 1851, Directors of the Brantford & Buffalo Rail-Road Company requested David Thorburn, Special Commissioner to Six Nations, to aid their Contractors in the formation of a Railway through the Indian lands.
R. Bruce, Superintendent General of Indian Affairs, advised Thorburn, on June 19, 1852, that a free grant of reserved Indian Lands to the railway could not be warranted and that Charles Bain, Director of Grand River Navigation Company, was to be appointed the Arbitrator for settling the amount of compensation.
The Brantford and Buffalo Joint Stock Rail-Road Company changed its name to the Buffalo, Brantford and Goderich Railway Company on November 10, 1852.
An Act to incorporate the Buffalo and Lake Huron Railway Company with power to purchase from the Buffalo, Brantford and Goderich Railway Company their line of Railway, and for other purposes was passed on May 16, 1856.
On June 13, 1863, Chiefs of the Six Nations questioned whether the Buffalo and Lake Huron Railway Company had paid for their right-of-way. William Spragge, Deputy Superintendent General of Indian Affairs, replied that they had not but negotiations were pending.
Thomas Short writes to J.T. Gilkison, Superintendent of Indian Affairs, on February 1, 1871, respecting the right-of-way by the Buffalo and Lake Huron Railway for which the Six Nations have not been paid.
On October 2, 1956, W.C. Bethune, Superintendent of Reserves and Trusts, reported to the Canadian National Railway the findings of the Dominion Public Archives that the Indians were not consulted as to the taking of these lands for Railway purposes; a price of $1,500.00 was paid on April 28, 1871; and no letters patent were ever issued for this right-of-way.
As of April 25, 1957, the Buffalo and Lake Huron Railway Company was now comprised in Canadian National Railways.
On November 2, 1990, Graham Swan, Director, Lands Directorate, Indian and Northern Affairs Canada, notified Six Nations Land Research Office that their office cannot locate any evidence of a license having been issued to the Canadian National Railway Company for the use of the subject right-of-way which crosses Lots 45-61 in the Township of Onondaga.
ALLEGATIONS
Under the Provisions of the Indian Protection Act dated November 8, 1850, a Proclamation was issued reserving certain lands in Onondaga Township being River Lots 45-61 in its entirety for the use and benefit of the Six Nations Indians exclusively.
There has never been a surrender document obtained from Six Nations giving their consent to the railway right-of-way.
The Canadian National Railway has no license or lease for the lawful use of these lands, nor did their predecessors.
The Crown is specifically and lawfully responsible to Six Nations for the railway lands at issue.
The Crown is in breach of its trust by allowing the Canadian National Railway to continue to occupy and use the said lands.
**These are brief summaries and they are subject to change as additional research information may be acquired
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