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The “Nanfan Treaty” – Legal Considerations
Part 3 The “Nanfan Treaty” – Legal Considerations Is the “Nanfan Treaty” legally valid? Does the 1701 “Conveyance of lands by the Native American Chiefs of the Five Nations ” constitute a valid treaty between the Crown and the Indians? Do the Haudenosaunee have a valid case to claim hunting rights in the Dundas Valley Conservation Area? Does the Hamilton Conservation Authority have the right to enter into relevant Protocol Agreements with the Haudenosaunee, based on alleged “treaty rights”? Were the Ontario learned justices in R. v. Ireland and Jamieson [1990] and R. v. Barberstock [2003] wrong? Is the Ontario government wrong? On June 6, 2011, the Hamilton Spectator published an article, “Treaty covers HCA lands: Bentley”, in which it reported: “Ontario's attorney general and minister of aboriginal affairs says Six Nations' hunting and fishing treaty rights apply in lands owned by the Hamilton Conservation Authority (HCA).” “In a letter received by the authority last month, Chris Bentley said the 1701 Treaty of Albany (or Nanfan Treaty) provides for the continuation of Six Nations “hunting and fishing activities on the lands subject to the treaty. The lands owned by the Hamilton Conservation Authority are within this treaty territory. /…/ "HCA general manager Steve Miazga said the letter, which was accepted at the board of directors' annual general meeting Thursday, “builds on” the recommendations they received from police and the Ministry of Natural Resources' enforcement branch to “build the relationship with the Haudenosaunee regarding environment matters. /…/ “Bentley wrote that he “fully support(s)” an agreement that was reached to respect the treaty rights of Six Nations people to hunt deer in the area for food. -
Toronto Has No History!’
‘TORONTO HAS NO HISTORY!’ INDIGENEITY, SETTLER COLONIALISM AND HISTORICAL MEMORY IN CANADA’S LARGEST CITY By Victoria Jane Freeman A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of History University of Toronto ©Copyright by Victoria Jane Freeman 2010 ABSTRACT ‘TORONTO HAS NO HISTORY!’ ABSTRACT ‘TORONTO HAS NO HISTORY!’ INDIGENEITY, SETTLER COLONIALISM AND HISTORICAL MEMORY IN CANADA’S LARGEST CITY Doctor of Philosophy 2010 Victoria Jane Freeman Graduate Department of History University of Toronto The Indigenous past is largely absent from settler representations of the history of the city of Toronto, Canada. Nineteenth and twentieth century historical chroniclers often downplayed the historic presence of the Mississaugas and their Indigenous predecessors by drawing on doctrines of terra nullius , ignoring the significance of the Toronto Purchase, and changing the city’s foundational story from the establishment of York in 1793 to the incorporation of the City of Toronto in 1834. These chroniclers usually assumed that “real Indians” and urban life were inimical. Often their representations implied that local Indigenous peoples had no significant history and thus the region had little or no history before the arrival of Europeans. Alternatively, narratives of ethical settler indigenization positioned the Indigenous past as the uncivilized starting point in a monological European theory of historical development. i i iii In many civic discourses, the city stood in for the nation as a symbol of its future, and national history stood in for the region’s local history. The national replaced ‘the Indigenous’ in an ideological process that peaked between the 1880s and the 1930s. -
Overlap": Causes and Implications of Contested Indigenous Claims to Territory in the Context of the Bc Treaty Process
"OVERLAP": CAUSES AND IMPLICATIONS OF CONTESTED INDIGENOUS CLAIMS TO TERRITORY IN THE CONTEXT OF THE BC TREATY PROCESS by R.G. Christopher Turner B. General Studies, Thomson Rivers University THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN NATURAL RESOURCES AND ENVIRONMENTAL STUDIES (GEOGRAPHY) UNIVERSITY OF NORTHERN BRITISH COLUMBIA June 2011 © R. G. Christopher Turner, 2011 Library and Archives Bibliotheque et Canada Archives Canada Published Heritage Direction du 1+1 Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-87546-9 Our file Notre reference ISBN: 978-0-494-87546-9 NOTICE: AVIS: The author has granted a non L'auteur a accorde une licence non exclusive exclusive license allowing Library and permettant a la Bibliotheque et Archives Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans le loan, distrbute and sell theses monde, a des fins commerciales ou autres, sur worldwide, for commercial or non support microforme, papier, electronique et/ou commercial purposes, in microform, autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in this et des droits moraux qui protege cette these. Ni thesis. Neither the thesis nor la these ni des extraits substantiels de celle-ci substantial extracts from it may be ne doivent etre imprimes ou autrement printed or otherwise reproduced reproduits sans son autorisation. -
'Duty': the City of Toronto, a Stretch of the Humber River, and Indigenous-Municipal Relationships
The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2020 Rethinking 'Duty': The City of Toronto, a Stretch of the Humber River, and Indigenous-Municipal Relationships Doug Anderson Alexandra Flynn Allard School of Law at the University of British Columbia, [email protected] Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Indigenous, Indian, and Aboriginal Law Commons Citation Details Doug Anderson & Alexandra Flynn, "Rethinking ‘Duty’: The City of Toronto, A Stretch of the Humber River and Indigenous-Municipal Relationships" (2020) 58:1 Alta L Rev 107. This Working Paper is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. Citation: Doug Anderson & Alexandra Flynn, “Rethinking ‘Duty’: The City of Toronto, A Stretch of the Humber River and Indigenous-Municipal Relationships” (2020) 58:1 Alberta Law Review 107 RETHINKING ‘DUTY’: THE CITY OF TORONTO, A STRETCH OF THE HUMBER RIVER, AND INDIGENOUS-MUNICIPAL RELATIONSHIPS Doug Anderson1 and Alexandra Flynn2 The nation-to-nation relationship between Indigenous peoples and cities remains largely unexplored in the Canadian context.3 This oversight is especially problematic in light of the significant percentage of Indigenous people who live in urban areas, and the many concerns that Indigenous and non-Indigenous peoples share. These shared concerns include the environment, land use, housing, social services, and much more, and modern municipalities do make attempts to address Indigenous-specific needs in these areas; but Indigenous-municipal relationships have implications that far exceed the technocratic and siloed ways in which Canadian systems generally approach these broad areas of concern - implications not only with regard for Indigenous people, but for all people. -
Ontario Court Grants Injunction to Prevent Interference with Pipeline Maintenance Work: Enbridge Pipelines INC
April 12, 2017 ARTICLE Ontario Court Grants Injunction To Prevent Interference With Pipeline Maintenance Work: Enbridge Pipelines INC. V. Williams And Hill, 2017 ONSC 1642, Ontario Superior Court Of Justice (Broad J.), 15 March 2017 The Ontario Superior Court of Justice allowed an injunction application by Enbridge Pipelines Inc. to prohibit the Aboriginal defendants from interfering with its maintenance work on two pipelines in the Hamilton, Ontario area. The Court rejected the defendants' argument that it must consider whether the duty to consult and accommodate had been fully discharged before granting an injunction to a private party. Enbridge owns and operates an interprovincial pipeline system extending across Canada and the USA. Line 10 is a 143-km long stretch of pipeline running between North Westover, Ontario to Buffalo, New York. Line 11 runs between Westover, Ontario and Nanticoke, Ontario. The easements for these pipelines had been granted to Enbridge's predecessor. Enbridge has a comprehensive pipeline preventative maintenance program for its pipeline network. Under this program, it is sometimes necessary for an excavation around the pipeline segment, known as a "Maintenance Dig". Such work usually lasts 15 days. The Court referred to evidence that Enbridge had written to the Six Nations of the Grand River and the Mississaugas of the New Credit, as well as the Haudenosaunee Development Institute ("HDI"), well in advance of the maintenance. No objections were raised by the HDI or the two First Nations. The defendants Williams and Hill identify themselves as representatives and "enforcers" of HDI. Enbridge asserted that the defendants Williams and Hill have regularly interfered with its work crews at a Maintenance Dig since January 2017. -
Summerhaven Notice of Final Public Meeting, Appendix F
ABORIGINAL CONSULTATION REPORT FOR: PROPOSED SUMMERHAVEN WIND ENERGY CENTRE NextEra Energy Canada, ULC Report Updated as of: January 22, 2011 TABLE OF CONTENTS Introduction.............................................................................................................................! 3 1. NextEra Energy Canada"s Approach to Aboriginal Consultation and Engagement....! 7 1.1 Identification of Aboriginal Communities and Potential Interests!.................................... 7 1.2 Project Consultation as a Proponent!............................................................................ 13 1.3 Broader Engagement!....................................................................................................14 1.4 Aboriginal Relations Canadian Project Framework!.......................................................14 2. Information Provided to Communities...........................................................................! 15 2.1 Aboriginal Communities with Potential Interests in the Project!..................................... 15 2.2 Distribution of Required Information.............................................................................! 16 2.3 Additional Information Made Available..........................................................................! 18 3. Information Received From Aboriginal Communities..................................................! 19 3.1 Information Received About Aboriginal or Treaty Rights Pursuant to s. 17 of O/Reg 359/09...........................................................................................................................! -
Haudensaunee Deer Hunting in Dundas Valley – a “Treaty Right” Or a Fraud?
Part 1 Haudensaunee deer hunting in Dundas Valley – a “treaty right” or a fraud? “Nanfan Treaty” is a hoax. It is not a “treaty.” It is a fraudalent interpretation of historical facts and a legally invalid claim of “treaty rights.” Nanfan Treaty does not exist. Historically, the deed of land to the English King, made by the Five Nations’ sachems in Albany on 19 July 1701, was never intended, recognized or confirmed by the Crown as a valid treaty. 1 Nanfan “Treaty” was a one-sided narrative, a one-sided deed of land with a wishlist attached to it – (an expectation to hunt in the area in question), made unilaterally by the native sachems who signed the document. This point is clearly demonstrated by the actual text of this document. In May 1784 – (83 years after the “Nanfan Treaty”) – a tract of land along the Grand River valley, being part of the lands “deeded” to the Crown in the “Nanfan Treaty”, was purchased from the Mississaugas, on behalf of the Crown, by the Governor of the Province of Quebec Frederick Haldimand. In October 1784, Haldimand granted this land to the Iroquois who had served on the British side during the American Revolution. If the Crown believed that the land was earlier “deeded”, it would not have to purchase it from the Mississaugas. During the Conference in Albany (12-19 July, 1701), that produced the so called “ Nanfan Treaty “, several speeches were made by the native leaders and by Governor Nanfan. Nanfan mainly talked about “protection” from the French and from the tribes allied with the French. -
London (Ontario) Area Treaties: an Introductory Guide Stephen D'arcy
Western University From the SelectedWorks of Stephen D'Arcy Fall September 7, 2018 London (Ontario) Area Treaties: An Introductory Guide Stephen D'Arcy This work is licensed under a Creative Commons CC_BY-NC-SA International License. Available at: https://works.bepress.com/sdarcy/19/ LONDON-AREA TREATIES An Introductory Guide Prepared by S. D’Arcy (Department of Philosophy, Huron University College) This introductory guide is intended for use by students in Philosophy 3820f (2018-19), at Huron University College. It is not for wider distribution. Version 1.0 (7 September 2018) [email protected] LONDON-AREA TREATIES: An Introductory Guide Part One: Treating-Making – Background and Context…………………………………………………………………………p. 2 . The Attawandaron Era . Early Impacts of Colonialism: Disease, Warfare, and the Dispersal of the Attawandaron . The Deshkan Ziibiing Anishinaabeg, the Minisink Lunaape, and the Onyota’a:ka . Distinguishing Indigenous Rights and Treaty Rights . The Wider Treaty Context . The London-Area Treaties . A Clash of Two Understandings: Property Law versus Regional Coexistence . Some Notable Treaty Violations: o Big Bear Creek o Muncey Claim o Clench Defalcation o Line 9 Reversal . The Deshkan Ziibiing Consultation Protocol . Conclusion Part Two: Maps of Treaty Boundaries in London, Southern and Southwestern Ontario…………………….p. 26 . Treaty Map, City of London, ON . Treaty Map, London Area . Treaty Map, Hamilton-Toronto Area . Treaty Map, Southern Ontario Part Three: The Texts of London-Area ‘Pre-Confederation’ Treaties, Nos. 2, 3, 6, 25, 29………………………p. 29 . Treaty No. 2: McKee Purchase Treaty, 1790 o Appendix: The Memorial of 1794 (Anishinaabe Chiefs) . Treaty No. 3: Between the Lakes Treaty, 1792 . Treaty No. -
Guide for Working with Indigenous Students Interdisciplinary Development Initiative (Idi) in Applied Indigenous Scholarship Acknowledgments
GUIDE FOR WORKING WITH INDIGENOUS STUDENTS INTERDISCIPLINARY DEVELOPMENT INITIATIVE (IDI) IN APPLIED INDIGENOUS SCHOLARSHIP ACKNOWLEDGMENTS Western University is situated on the traditional lands of the Anishinaabek, Haudenosaunee, Lunaapewak, and Attawandaron peoples, who have long-standing relationships to the land and region of southwestern Ontario and the city of London. The local First Nations communities are the Chippewas of the Thames First Nation, the Oneida Nation of the Thames, and the Munsee Delaware Nation. Contributors This Guide was made possible through the collaborative vision, effort and support of Western University’s Interdisciplinary Development Initiative (IDI) in Applied Indigenous Scholarship. This IDI is composed of an interdisciplinary team of faculty, staff and students who represent eight of Western’s Academic Faculties, as well as Student Experience, Indigenous Services and the Centre for Teaching and Learning. We would also like to thank Western’s Indigenous Postsecondary Education Council (IPEC) members and other community partners who provided valuable input in the development of this Guide. Leads: Candace Brunette Faculty of Education Chantelle Richmond Faculty of Social Science Contributors: Robert Andersen Faculty of Social Science Jamie Baxter Faculty of Social Science Brian Branfireun Faculty of Science Deborah Coward Office of the Registrar / Student Experience Michael Coyle Faculty of Law Brent Debassige Faculty of Education Rick Ezekiel Student Experience Janice Forsyth Faculty of Social Science Aisha -
Mohawk Nation News News : Calendar : Subscriptions : Store
http://74.6.239.84/search/srpcache?ei=UTF- 8&p=Ron+Williamson+licensed+archaeologist&fr=yfp-t- 715&u=http://cc.bingj.com/cache.aspx?q=Ron+Williamson+licensed+arch aeologist&d=4829695183750729&mkt=en-CA&setlang=en- CA&w=83c1e179,1faf339b&icp=1&.intl=ca&sig=sjO7jjxoHsU_lPpzJKDFYA-- Mohawk Nation News News : Calendar : Subscriptions : Store 16.05.2008 01:20:47 OTTAWA & ONTARIO SETTING UP “NO’GONQUINS” LAND SALES FRAUD MNN. April 28, 2008. These colonists are floating over us trying to land, like a ship from outer space. They hover trying to gobble us out of existence. This is about a vast tract of Haudenosaunee land in eastern Ontario. How do we know there were any Indigenous people here? Archaeologists have found evidence of longhouses and burial mounds. Guess what? “No’gonquins” [Algonquins] did not build longhouses or burial mounds. The evidence shows that the pre-historic people who lived here were Iroquois, just like the people who live here today. That’s why Ottawa and Ontario are trying to take control of the burial sites so that no one can see the evidence that proves they’re Haudenosaunee/Iroquois. Ron “Boner” Williamson , the archaeologist hired by Ontario [Archaeological Services Inc.] states that “All “Archaic peoples are forerunners of the Algonquin people”. Is this a joke! Is he saying that all pre-historic people eventually turn into Algonquins? The colonial governments, corporate investors, mining companies, developers, bankers, military, academics, archaeologists , historians, churches and fake “Indian” communities want our resources. So they’ve set up a huge “twisted history” scam. -
General Overview
General Overview Benefits of a treaty A treaty with Tla’amin Nation (Sliammon First Nation) will bring certainty with respect to all of Tla’amin Nation’s Aboriginal rights throughout Tla’amin’s claimed traditional territory, which covers approximately 609,000 hectares including marine areas. It will provide Tla’amin with the modern governance tools to build strong and workable relationships with federal, provincial and local governments. Canada, British Columbia and Tla’amin Nation expect that a treaty will resolve long-standing issues regarding undefined Aboriginal rights and title, and bring certainty and economic benefits not only to Tla’amin members but to the entire region. Tla’amin Nation government The Tla’amin Nation Final Agreement will operate within the framework of the Constitution of Canada, and the Canadian Charter of Rights and Freedoms will apply to the Tla’amin Nation government. With the exception of determining Indian status, after a transition period the Indian Act will no longer apply to Tla’amin Nation, its lands or members. Instead, constitutionally-protected self-government provisions will enable Tla’amin to make its own decisions on matters related to the preservation of its culture, the exercise of its treaty rights and the operation of its government. In October 2009, the Tla’amin community ratified a constitution in accordance with the treaty. The constitution provides that the Tla’amin Nation government will be democratically and financially accountable to its members. The Tla’amin constitution will come into force on the effective date of the treaty. Residents on Tla’amin Lands who are not Tla’amin Nation members may participate in the decision-making processes of a Tla’amin public institution, such as a school or health board, if the activities of that institution directly and significantly affect them. -
Duncan Lake): a Draft Report
Tse Keh Nay Traditional and Contemporary Use and Occupation at Amazay (Duncan Lake): A Draft Report Amazay Lake Photo by Patrice Halley Draft Submission to the Kemess North Joint Review Panel May, 2007 Report Prepared By: Loraine Littlefield Linda Dorricott Deidre Cullon With Contributions By: Jessica Place Pam Tobin On Behalf of the Tse Keh Nay ACKNOWLEDGEMENTS This report was written under the direction of the Tse Keh Nay leaders. The authors would like to thank Grand Chief Gordon Pierre and Chief Johnny Pierre of the Tsay Keh Dene First Nation; Chief John Allen French of the Takla Lake First Nation and Chief Donny Van Somer of the Kwadacha First Nation for their support and guidance throughout this project. The authors are particularly indebted to the advisors for this report who took the time to meet with us on very short notice and who generously shared with us their knowledge of Tse Keh Nay history, land and culture. We hope that this report accurately reflects this knowledge. We gratefully acknowledge the contributions of Grand Chief Gordon Pierre, Ray Izony, Bill Poole, Trevor Tomah, Jean Isaac, Robert Tomah, Chief John Allen French, Josephine West, Frank Williams, Cecilia Williams, Lillian Johnny, Hilda George and Fred Patrick. We would also like to thank the staff at the Prince George band and treaty offices for assembling and providing us with the documents, reports, maps and other materials that were used in this report. J.P. Laplante, Michelle Lochhead, Karl Sturmanis, Kathaleigh George, and Henry Joseph all provided valuable assistance and support to the project.