In 1493, the year after Columbus made his great or at least so-called discovery, the Roman Catholic Church proclaimed the natural law governing questions of legal rights between natives and newcomers. Because, at that time, the church was universal in Europe the declaration of natural law determining international law.

The declaration took the form of formal legislation, a papal bull entitled Inter Cetera. It enacted that aboriginal people were not humans with souls but rather animals without souls and, for this reason, without rights either of jurisdiction or property in the lands of the new world.

Controversy raged in European legal circles. Not all Europeans had the same attitude of rapaciousness and racism. There was another faction, that saw the ...

There has been an increasing number of Ontario homeowners who have bought property on the Haldimand Tract not knowing there are risks involved with doing so. The land, known to the Canadian government as Haldimand Tract, was granted by the British crown to the Mohawk posterity in 1784. Since then, it has been inhabited by both Indians and non-Indians alike who have used the land to fulfill their needs and desires such as farming, logging, and hunting.

As an open advocate for Grand River and Treaty rights, I am often asked by Ontarians whether they should buy property on the Haldimand Tract. The answer is not always simple, as there are a number of potential risks that Ontario homeowners should be ...

The Six Nations Council (SNC) issued a press release claiming that they are the sole real party in interest to land in Haldimand Tract.

While the Six Nations Council may have some rights to the land, the Grand Back Project, a group of Mohawks who live in the area says that those rights are not valid because there is no official documentation proving that the SNC has any rights to the land.

The Mohawk posterity has been fighting for the recognition of their rights to the land for years, and they are not going to give up without a fight.

Recently Brantford proposed a lands transfer tax share concept that would see a portion of lands transfer tax diverted to ...

In any legal situation, communication is the key to reducing confusion and resolving problems quickly. This principle applies to Ontario municipal councilors who must balance their duty to the municipality with their duty to the people they represent under the Municipal Act while negotiating in good faith with Ontario on behalf of the Grand River Mohawk legal posterity. This piece explains what trustee de son tort means, why Ontario municipal councilors should understand it, and how it affects current land developments and the Grand River Mohawk legal posterity negotiations.

What is a Trustee de Son Tort?

A trustee de son tort is someone who has illegally encroached on another person's property. In Ontario, municipal councilors may be at risk of ...

The history of Indian treaties in North America is a long and complicated one. There have been many different interpretations of these treaties over the years, and they continue to be a source of contention today. One of the most controversial issues surrounding Indian treaties is the question of who is considered an "innocent third party purchaser." 

The Haldimand Tract is a belt of land along the Grand River in southern Ontario. It was originally granted to the Mohawk by the British Crown in 1784, as a reward for their loyalty during the American Revolution. The Haldimand Pledge of 1779 was a ratified agreement that was followed up by the Haldimand Proclamation of 1784. The Haldimand Tract was originally meant ...

An article from 2007 titled "$4.4 Trillion, That's what a group claiming to be the heirs of Mohawk Chief Joseph Brant say they want from the Six Nations for stealing their land." This title shook the Six Nations community. Not long after this article was published, Six Nations elected councilor Helen Miller penned a letter in the local newspaper claiming that this made Six Nations a laughing stock, In the letter, Hellen asks if certain people are "Real Mohawks(Maternal Line)" or are they "INAC MOHAWKS(Paternal Line)" . Hellen further asks "Was the land governed under the Haldimand Treaty not given to the Mohawks and Others?" , This seems to be the very Root of the conflation, and ambiguous representation we see ...

In 1784, Sir Frederick Haldimand of the British Army gave approximately one million acres of land to the Mohawk people in recognition of their support during the American Revolutionary War. However, since then, many of these lands have been taken away from the Mohawk community through legal loopholes and shady government practices. The goal of this article is to discuss how the Mohawk people are working to get back those lands that were given away under the Simcoe Patent of 1793.

The Haldimand Proclamation of 1784

The Haldimand Proclamation is an international document that was created in response to the ratified pledge of 1779. The pledge promised to restore the named three villages to the state that they were in ...

For over three hundred years, the Six Nations of the Iroquois Confederacy have been occupying lands in what is now southern Ontario, alongside the Grand River and the former Brantford Township. While this treaty right has been long established, there are still several ongoing disputes between Six Nations and various provincial municipalities surrounding the question of taxation of Mohawk Indians living on the reserve lands (i.e., tax exemption). This blog post will present both sides of this issue in an effort to provide understanding and insight into this very controversial topic.

A Proposal to End Taxing Grand River Mohawk Indians

The Grand River is the traditional territory of the Six Nations of the Iroquois Confederacy, also known as the Haudenosaunee. ...

Mohawks aren’t considered Canadian citizens. This means that they don’t have the right to vote in Canadian, Provincial or Municipal elections, nor do they have the right to run for office. The reason Mohawks aren’t Canadian citizens isn’t because of some secret policy to deny them citizenship, but rather because of a technicality in the treaty and common law that doesn’t consider them to be part of Canada at all. So what does this mean, exactly? Do Mohawks even live in Canada? Did the Haldimand proclamation set apart the lands placing the people and territory outside of the Canadian domain? How does this affect their ability to buy property, travel within Canada, and file taxes? 

The Mohawk community in “Canada” is home to about 13,000 people and sits astride the US-Canadian border aka “the line”. It is not a part of the United States nor is it a part of Canada, but it is also not quite independent either. It’s a place where the border, in some respects, doesn’t exist, even while it is also a constant presence in people’s daily lives. These boundaries, as well as modern Canadian common law, traces its historical origins to the United Kingdom. The common law of Canada became liable to the independent Mohawk legal order because, although they wrongfully do not recognize the Mohawk nation, in 1869 and again in 1919 the Mohawk nation adopted Prince Arthur as ...