Hamilton/Port Dover Plank Road Update

(Caledonia Ontario – Six Nations of the Grand River Territory)

December 6, 2006 

No doubt about it!  This partial update is regarding the land theft at Six Nations known as the “Plank Road”.  It is expertly researched and put out by the Six Nations/Haudenosaunee Negotiating Team.  Posted by MNN Mohawk Nation News

Overview 

On June 18, 1987, Six Nations submitted the documentation to the Government of Canada verifying Six Nations’ ownership in the Hamilton/Port Dover Plank Road Lands. No response was received from Canada until 19 years later on November 03, 2006 as presented by the Department of Justice and only than as a result of the February 2006 Douglas Creek Land Reclamation.

Previously, every documented land claim put forward by Six Nations and counter researched by Canada was validated in Six Nations favor. The stumbling block in resolving these claims has been an acceptable process for Six Nations many complex and unique issues. Canada’s Specific Claims Policy “Outstanding Business” is policy based on the extinguishment of treaty rights and has been recognized by Canada and First Nations across Canada as a failure. Canada and the Assembly of First Nations attempted to revamp Canada’s failed Claims Policy between 1991-1993 and 1996-2002. Ontario’s present negotiator Jane Stewart when Minister of Indian and Northern Affairs for Canada had both the mandate to address and resolve Six Nations June 18, 1987 Hamilton/Port Dover Plank Road submission and  establish a truly Independent Claims Tribunal to resolve Land Claims across Canada. She failed on both accounts.

Following the OKA crises of 1990, Canada attempted to address the failures of its Claims Policy and established the Indian Claims Commission (ICC) in 1991 as an alternative to litigation and to promote “in good faith” negotiations. Frustrated by the ICC’s inability to move forward land claim settlements, all the Commissioners of the Indian Claims Commission tendered their resignations on June 27, 1996. Canada’s present Minister of Indian and Northern Affairs; Jim Prentice was the Chairman of the Indian Claims Commission and also resigned.

Canada’s Specific Claims Policy “Outstanding Business” and the Indian Claims Commission continue to be used by Canada as its ineffective means to address land claims across Canada.

SUMMARY OF DOCUMENTATION AND ORAL EVIDENCE

On October 25, 1784 the Haldimand Treaty secured for the Six Nations Indians a metes and bounds tract of lands within Six Nations Beaver Hunting Grounds, 6 miles deep on each side of the Grand River beginning at Lake Erie and extending in that proportion to the head of the said river, which them and their posterity are to enjoy forever.

Legal Land Alienations

The Crown had legislated explicate instructions for the legal alienation of Indian Lands beginning in December 9, 1761; October 7, 1763; December 7, 1763; Royal Instructions of 1768; January 3, 1775; August 23, 1786; September 16, 1791; December 24, 1794 and May 1, 1812. The legislated requirements for the lawful surrender to sell the Hamilton/Port Dover Plank Road Lands have been acknowledged by Canada as having not been followed.

Notice to Trespassers and Squatters

The Crown had Legislation requiring that it protect Six Nations Lands from Trespass and Injury. The Crown attempted to fulfill its Lawful Duty to The Six Nations by issuing Public Notices in February 1, 1812 specific to Haldimand County forbidding White People from settling on Indian Land; November 20,1835 notifying settlers on the Hamilton and Port Dover Plank Road to apply for leases or face ejection and on January 22, 1844 notifying that all persons on Six Nations lands between the Townships of Brantford and Dunn are to remove themselves as well as those on the North side of the River or be prosecuted with the utmost rigor of the law.

The Grand River Navigation Company

In 1832 Legislation was passed by the Crown to incorporate the Grand River Navigation Company (GRNCo.) to make the Grand River Navigable from the feeder of the Welland Canal at Dunnville to Brantford and up river as far as Galt. The promoters of the GRNCo. decided that by making the Grand River navigable with locks, dams, milling sites and other improvements it would render the passage of rafts, boats and other crafts beneficial for the surrounding neighbors, access the most generous amount of timber for export and “eventually swindle the Indians out of their lands”.

As early as 1829, upon hearing of the proposal to dam the Grand River, Six Nations protested against such scheme. Protests continued by Six Nations against the works of the GRNCo. through out the life of the Company; but to no avail.

When approached to make loans to the GRNCo.the Lieutenant Governor proposed raising monies from the sales and leasing of Six Nations lands. In 1834 the Executive Council later approved transferring Six Nations Monies held in London England to be used by the GRNCo. and in other investments to create today’s Canada.

In 1838 the Government with the sanction of the Executive Council pledged the proceeds from the sale of all Six Nations lands to pay for the works of the GRNCo. It than became imperative for the Indian agents to secure the sale of Six Nations lands by any means to raise money to support the Grand River Navigation Company. Even with reports to the Indian Agents of hardship and starvation among families on Six Nations, Six Nations would have no say in the matter of their monies or lands being used by the GRNCo.

In 1907 A.G. Chisolm agreed to act on behalf of Six Nations and commence legal proceedings against the Crown for monies invested by the Crown in the Grand River Navigation Company. In 1927 Canada passed Legislation barring Indians from independently hiring lawyers to proceed with the prosecution of any legal proceedings against the Crown.

Leasing.

The concept of leasing the lands to White People for specific periods of time to one plow depth was an acceptable practice by Six Nations to get their lands cleared for their future use and for Six Nations to regain possession of the lands when the lease period ended.  Government officials acknowledged that if we were to lease the lands it “would render the Six Nations of Indians the wealthiest proprietors in the Province.” The Crown further acknowledged that as relates to the lands along the Hamilton/Port Dover Plank Road    “Six Nations Indians will not surrender to us in perpetuity and as we want the land it is surely better that we should get it as we can by leasing, than not to get it at all”.

On January 16, 1835 the Chiefs agreed that if it was necessary that both sides of the Road (Hamilton/Port Dover) should be settled they will permit a half mile on each side of that road to be leased to the whites for their Benefit. Six Nations conditions would not allow a Town Site to be established at the river crossing (Caledonia) no taverns or the sale of spirits are to be allowed and the rents will be increased every seven years for 21 years.

Despite constant pressures from Indian Agents whom had close friends and business associates interested in the works of the GRNCo. and Indian Agents dismissed from office for stealing Six Nations monies, the Six Nations were finally able to get a response from the Executive Council of Upper Canada in 1843 assuring the Six Nations that the Government had no wish to take any portion of their lands against their free wishes.

The Squatters

“Our white brethren look upon us not as the original possessors but intruders on a Soil which was granted to us” is how the Six Nations expressed their concerns in a January 9, 1844 petition to the Government.

Upon formal government inquiries it was concluded that inducements were promised the squatters on Six Nations lands by many senior Government Officials (one being Sir John Colborne the Lieutenant Governor whom was investing Six Nations monies without their consent in the GRNCo.) to “go on with your improvements you shall be protected”. The Supt. General of Indian Affairs reported receiving communications from White Persons Squatting on the Hamilton/Port Dover Plank Road that inducements were promoted by Lieutenant Governor Colborne and other Government Officials to locate them there with the promise that the Indians would be made to surrender the lands to them. The White People were flagrantly breaking the law with the assistance and support of Government Officials to the point that they, the squatters were dictating the terms, conditions and amount they were going to pay for the Six Nations lands they were squatting on.

The Hamilton/Port Dover Plank Road

 “An Act to authorize the construction of a Road from Hamilton, in the Gore District to Port Dover in the London District” was passed on March 6, 1834. In fact construction of the road commenced before it was even legislated as the Six Nations questioned the authority of cutting the road through our lands at an Indian Council on February 4, 1834.

It was further pointed out that even though Sir John Colborne had promised to Six Nations that the road would not proceed; it did anyway.

Regardless of Six Nations wishes, the Hamilton/Port Dover Plank Road (Highway 6) exists today and no payment has ever made to Six Nations for the road as stipulated by the Legislation Incorporating the Hamilton/Port Dover Plank Road.

Conclusions

-There is no surrender document meeting the legal requirements for the lands identified as the Hamilton/Port Dover Plank Road Lands to be lawfully sold nor does Canada have such document registered in its Indian Lands Registry. However, if there is such a document (which we deny) evidence shows it would have been by the Crowns inducement and against the free wishes of the Six Nations Indians. 

-The Crown was systematically inducing the sale of Six Nations lands without lawful surrenders and misappropriated land payments into the works of the Grand River Navigation Company (and other Government expenditures) against the constant protests of the Six Nations of the Grand River Indians. 

-The Crown breached its Lawful Fiduciary to protect Six Nations Lands against Trespass and Injury and instead promoted and protected the Non-Natives whom were breaking the law. 

-Six Nations never authorized the building of the Hamilton/Port Dover Plank Road across our lands nor have we ever been compensated for it being built. 

In Peace and Friendship                                                                                   

Phil Monture

Six Nations/Haudenosaunee Negotiating Team