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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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20. Bed of the Grand River and Islands thereon
Click Here to View Map of this Claim
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By Statute dated October 15, 1792 of Chap. I, 32nd George III, English Law was introduced as the rule of decision in all matters of controversy relative to property and civil rights. In English Common Law, as relates to non-tidal waters (in Ontario all waters are non-tidal), land owners adjacent to non-tidal waters took title to the land under the water to the middle thread of the river or lake. Thus, the English Common Law principle of "ad medium filum aquae" applied.
On January 14, 1793, John Graves Simcoe, Lieutenant Governor, issued Letters Patent to Six Nations confirming to them and their heirs forever the lands as deeded them by Sir Frederick Haldimand.
The Courts held that the 1792 Act adopting English Common Law applied the rule "ad medium filum aquae" in non-tidal rivers whether they be navigable or not in the case of The Keewatin Power Company v. The Town of Kenora on January 22, 1908.
On March 24, 1911, Ontario enacted "The Bed of Navigable Waters Act", which restricts the application of the rule "ad medium filum aquae" to non-navigable bodies of waters or streams.
ALLEGATIONS
Six Nations are the owners of the Bed of the Grand River and Islands thereon based on the terminology used in the Haldimand Treaty and the Simcoe Patent as the bed to the mid-thread of the Grand River passed with the granting of the shoreline property to Six Nations. This ownership is not affected by Ontario’s Beds of the Navigable Waters Act.
**These are brief summaries and they are subject to change as additional research information may be acquired
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