Deep in the heart of the Grand River, a unique community thrives in a land that remains untouched by Canadian sovereignty. The Mohawks, possessing total autonomy and exclusive use of their acquired territory, continue to assert their separate legal position. Despite their distinct status, the Canadian government erroneously assumes the Mohawks are citizens and residents of Ontario. In this article, we explore the historical significance of the Haldimand Proclamation of 1784, the legal basis for Mohawk possession, and the challenges they face in maintaining their self-governance.

The Haldimand Proclamation and Mohawk Autonomy

The Haldimand Proclamation, issued in 1784, granted the Mohawk people a gift of deed and assured them status quo ante bellum. This historic pledge, reaffirmed by Canada in 1791, underpins the Mohawks' claim to their lawfully acquired lands. By confirming the proclamation, Canada acknowledged the honor of the crown and pledged its faithfulness to the Mohawks.

A Separate Legal Position

Contrary to Canada's assumption of Mohawk citizenship, the Mohawks reject this categorization, asserting their right to exist apart from Canadian society. They point to Article 15 of the Universal Declaration of Human Rights, which guarantees the right to a nationality and prohibits arbitrary deprivation. Furthermore, Canada's own internal law, such as the Canadian Charter of Rights and Freedoms, enshrines the right to freedom of association.

Freedom from Compelled Association

The Mohawks demand freedom from compelled association with Canada, as outlined in international law, Canadian constitutional law, and their own customary law, the Wampum Treaty. They argue that they are not subjects of Canada and cannot be subjected to Canadian legislation. The land acquired through the proclamation falls outside the Canadian boundary, sharing borders with both Canada and the United States, as attested by the Mohawk-owned riparian shoreline.

The Unanswered Question

An intriguing question persists: When was this land lawfully made part of Ontario? Despite numerous inquiries to various levels of government, no satisfactory answer has been provided. This ambiguity raises doubts about the legitimacy of government offices and agents operating within the Mohawk lands without a formal treaty. It begs the question: Are they merely a pretended government?

Exclusive Use and Enjoyment

Municipalities and Canadian citizens alike must recognize that they are strangers to the Mohawk lands. While courts may claim ignorance, Canadian society, in general, must respect the Mohawks' exclusive use and enjoyment of the land. Any presence or interference without proper authorization infringes upon the Mohawks' inherent rights.

In a nutshell

The Mohawks' lawfully acquired lands along the Grand River, protected by the Haldimand Proclamation of 1784, signify their total autonomy and exclusive use. Despite premature assumptions of Canadian citizenship, the Mohawks continue to assert their separate legal position, backed by international law, Canadian constitutional law, and their own customary law. As the Mohawks exercise their right to exist apart from Canadian society, it is imperative that both governmental and societal entities respect their exclusive use and enjoyment of the land.