Six Nations Land Rights and The Legal Duty To Consult

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Administration

519-445-2201
(f) 519-445-4208
Economic Development
(519) 753-1950
(f) 758-0768
Health Services
445-2418
(f) 445-0368
Housing
445-2235
(!) 445-2778
Human Resources
445-2223
(f) 445-2266
Lands/Membership
445-4613
(!) 445-2778
Lands & Resources
519-753-0665
(f) 519-753-3449
Parks & Recreation
445-4311
(!) 445-4401
Public Works
445-4242
(!) 445-4763
Social Services
445-0232
(!) 445-1783
Welfare
445-2084
(!) 445-0133
September 27, 2013
Mayor Ron Eddy
County of Brant
P.O. Box 160
Burford, ON
NOA lAO
Dear Mayor:
www.s1xnat1ons.ca
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OF BRANT
Corporate Services Department
Burford Office
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_ G-eri, Manager
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_ 'lfe'a'Surer
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RE: Six Nations Land Rights, The Legal Duty to Consult and Accommodate
The Six Nations of the Grand River in partnership with the Woodland Cultural Centre
and the History Department of the University of Waterloo invited you to attend an
information presentation at the University on April 4th, 2013 relating to the Land
Rights of the Six Nations of the Grand River. Unfortunately, we note that you nor
representatives of your municipality were able to attend.
The information we provided was factual, educational and well received by the large
audience of that day. The purpose was to help educate municipalities and neighbours
within the Haldimand Tract as to the unresolved land rights of the Six Nations of the
Grand River and the laws as relates to municipal planning pertaining to development
planned or otherwise.
The Haldimand Tract are the Treaty Lands of the Six Nations of the Grand River
Indians. In 1784, for fighting as allies of Great Britain during the American
Revolution, the Crown carved out from within our 1701 Fort Albany Treaty Lands;
Six Miles deep from each side of the River beginning at Lake Erie and extending in
that proportion to the Head of said river, which Them and their Posteritory are to
enjoy forever. Thi.s is the promise made to the Six Nations Peoples in our 1784
Haldimand Treaty; a promise that we are to enjoy today.
Through nUlllerous actions by the Crown and their agents, we the Six Nations are left
with less than 5% of the Haldimand Treaty Lands as promised. Canada has
acknowledged the many frauds and injustices but has not provided a just and
reasonable process for resolution. Therefore, in 1995 the Six Nations of the Grand
River commenced legal proceedings against Canada and Ontario for an accounting
for all of Six Nations lands and assets derived there from. The above noted lands
form a part of this litigation with the outcome expected to place encumbrances on all
the lands, assets and natural resources covered by our Treaty.
The legal duty to consult with First Nations "arises when the Crown had knowledge,
real or constructive, of the potential existence of the aboriginal right and contemplates
P.O. BOX 5000 OHSWEKEN, ONTARIO CANADA NOA IMO
Administration
519-445-2201
(I) 519-445-4208
Economic Development
(519) 753-1950
(I) 758-0768
Health Services
445-2418
(I) 445-0368
Housing
445-2235
(I) 445-2778
Human Resources
445-2223
(f) 445-2266
Lands/Membership
445-4613
(I) 445-2778
Lands & Resources
519-753-0665
(I) 519-753-3449
Parks & Recreation
445-4311
(I) 445-4401
Public Works
445-4242
(f) 445-4763
Social Services
445-0232
(f) 445-1783
Welfare
445-2084
(f) 445-0133
I ml,s1x NATIONS ml
www.s1xnat10ns.ca
conduct that might adversely affect it". With the knowledge of our Treaties and the
above noted litigation, the Crown is fully aware of the legal duty to consult with the
Six Nations on any and all development within Six Nations Treaty areas.
The Supreme Court of Canada's key court cases Haida Nation, Taku River Tlingit
First Nation and Mikisew Cree decisions confirms the legal obligation to consult with
First Nations. Six Nations Elected Council (SNEC) requires that the Crown,
proponents and municipalities consult with SNEC in good faith and in a meaningful
process of consultation. This process is consistent in order to obtain Six Nations'
"free prior and informed consent" as required internationally by the United Nations
Declaration on the.Rights of Indigenous Peoples of which Canada is a signatory. For
more information on the SNEC's Consultation and Accommodation Policy and
process, please see.
The Ontario Ministry of Infrastructure have recently advised that this duty in Ontario
rests with the affected municipality and the involved proponent. Therefore, let tliis
registered letter serve notice to you and your municipal officials that you must
lawfully consult, accommodate and receive the "free prior and inform consent" of
the Six Nations of the Grand River relating to any and all developments you so
authorize.
In view of the foregoing, the Six Nations Elected Council welcomes the opportunity
to further discuss this issue with your municipality and to assist you with these lawful
undertakings, please contact Joanne Thomas at 519-445-2563 to arrange a necessary
meeting.
Respectfully,

Chief William K Montour
Six Nations ofthe Grand River
cc. Glen Murray, Minister of Infrastructure
David Zimmer, Minister of Aboriginal Affairs
Linda Jefferys, Minister of Municipal Affairs
Premier Kathleen Wynne
P.O. BOX 5000 OHSWEKEN, ONTARIO CANADA NOA IMO

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