Stage 1 Archaeological Assessment (TRCA 2019)
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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. -
127 Spring 2017
Newcastle Village and District Historical Society Newsletter Spring 2017 - Issue # 127 PRESIDENT’S REPORT e are beyond the middle of May, so let’s hope we will be blessed with more pleasant weather and higher tem- peratures ! On an unhappy note, we just received word from the Federal Government that our application for a grant has, W for the second year in a row, been denied. This, despite encouraging words from Federal bureaucrats, after the denial last year, that we should apply once again. Reasons for the denial are not provided so the whole thing remains a mystery – this in the face of a lot of work in preparing our applications with great precision and exhausting detail in each of the two years. The grant would have enabled your Society, working with Durham College, to electronically capture our records ( histori- cal letters, agreements, wills, photos, and so on ), then to make our data more readily available to scholars, students and the general public. We will, of course, soldier on and explore other options to fund this worthwhile project, including the possibility of finding corporate sponsors. And, while other Government grant opportunities will be looked at, we will attempt, as far as possi- ble, to seek some assurance that any other applications have a reasonable chance of success and not simply serve as a “make work” projects for bureaucrats. Our plans are moving ahead for HERITAGE DAY, an event created and hosted by your Society. It will be held in the main hall of the Newcastle Community Hall from 10AM until 3PM on June 25, 2017. -
'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. -
OPS Summer 2018 AOLS Fall 2007 2018-06-27 11:34 AM Page 1 MADE to FIT YOUR WORLD
OPS Summer 2018_AOLS Fall 2007 2018-06-27 11:34 AM Page 1 MADE TO FIT YOUR WORLD. SOKKIACANADA.COM OPS Summer 2018_AOLS Fall 2007 2018-06-27 11:36 AM Page 3 ONTARIO PROFESSIONAL SURVEYOR VOLUME 61, No. 3 Summer 2018 CONTENTS Executive Director’s Notes - Blain Martin...........................................................4 Complaints Committee – Part 1 – Roles & Responsibilities - Dave Kovacs .....6 Professional Where in Blazes Am I? - David Coombs.........................................................10 Jean Baptiste Rousseau’s Trading Posts on Lake Ontario - Grant Karcich ...12 Surveying Precision Equations for the UTM Projection - One TM Zone for in Ontario? - Paul C. Wyman...........................................................................14 Subsurface Utility Engineering and Utility Locating: What’s the Ontario Difference? - Ophir Wainer and Blaine Hunt ..............................................18 COGS: The Most Surveyed Property In Canada - Neil Ormerod .................24 Fifth Annual Boundary Law Conference - Kevin Wahba..............................28 Loyalist College Recognizes 20 Years of AOLS Donation Support for Survey Students ...........................................................................................32 encompasses REGULAR FEATURES President’s Page................................................................................................2 the News from our Members - Third Generation at Krcmar Surveyors Ltd. .......9 Disciplines of News from 1043.............................................................................................22 -
1 Documentary and Archaeological Evidence
DOCUMENTARY AND ARCHAEOLOGICAL EVIDENCE RELATIVE TO THE FIRST HOMES OF THE ADAM YOUNG FAMILY ON THE YOUNG TRACT, SENECA TOWNSHIP, HALDIMAND COUNTY, ONTARIO, CANADA: 1783 TO CIRCA 1879 BACKGROUND As the War of the American Revolution (1776-1784) began to draw to a close, some of the older members of Butler’s Rangers were discharged. Each was given land across the River from Fort Niagara (in what became Newark, now Niagara on the Lake) in order to establish farms to supply the military garrison and the many dependants who had found shelter outside the walls of the Fort. One of these men was Adam Young. More details can be found by clicking here. Meanwhile, sons Sgt. Daniel Young and Pvt. Henry Young remained in active service with the Rangers until they were disbanded in 1784. Adam’s eldest son Lt. John Young was then serving as an officer with the Indian Department, and in 1783 (and perhaps earlier) he was assigned to over – winter with the Delawares, then settled on the Grand River, with the goal of keeping them steady in the King’s cause. A detailed biography of Lt. John Young can be found on the Young Family Website, managed by the present author, and seen by clicking here. One excerpt is particularly important and will be quoted here: Evidence that John Young was the first settler on the Grand River is found in a letter from Robert Hoyes to Frederick Haldimand 2 Nov. 1783 stating that, "A party of Rangers with an Indian as their guide march by land to the Grand Riviere. -
OPS Fall 2018 AOLS Fall 2007 2018-10-03 9:12 AM Page 1 MADE to FIT YOUR WORLD
OPS Fall 2018_AOLS Fall 2007 2018-10-03 9:12 AM Page 1 MADE TO FIT YOUR WORLD. SOKKIACANADA.COM OPS Fall 2018_AOLS Fall 2007 2018-10-03 9:41 AM Page 3 ONTARIO PROFESSIONAL SURVEYOR VOLUME 61, No. 4 Fall 2018 CONTENTS Complaints Committee – Part 2 – Powers of the Committee – Limitations, Interim Decisions and What Happens when you are the Subject of a Professional Complaint - Dave Kovacs ..................................................................................6 Surveyor’s Notes Solve a Mystery - Joy Cohnstaedt and Mireille Macia .....10 Surveying Augustus Jones: Surveyor of Simcoe’s Vision for Upper Canada - in Phil Halton ..................................................................................................16 Building on the Framework of the Gordie Howe International Bridge Ontario Project - Christopher Oyler .........................................................................22 Geomatics at the University of Waterloo – Surveying a Bright Future - the Faculty of Environment .........................................................................26 Lassonde School Partners with AOLS to Encourage Women in Engineering Research - Rajvi Chavada and Marisa Sterling .....................31 encompasses REGULAR FEATURES President’s Page................................................................................................2 the Executive Director’s Notes - Blain Martin...........................................................4 Disciplines of Calendar of Events ...........................................................................................5 -
A GIS-Based Flood Forecasting Model for the Duffins Creek Watershed, Ontario
A GIS-Based Flood Forecasting Model for the Duffins Creek Watershed, Ontario by C. Darren Sutton A Research Paper Presented to Ryerson University in partial fulfillment of the requirements for the degree of Master of Spatial Analysis A joint program with the University of Toronto Toronto, Ontario, Canada © C. Darren Sutton 2003 Author’s Declaration I hereby declare that I am the sole author of this Research Paper I authorize Ryerson University to lend this Research Paper to other institutions or individuals for the purposes of scholarly research. C. Darren Sutton ii Abstract Organizations such as the Toronto and Region Conservation Authority (TRCA) could benefit from a flood forecasting method that uses GIS tools and spatial data because they have already invested in GIS software. This research project utilized a 30- metre resolution Digital Elevation Model (DEM), shapefiles of land cover and soil type, and a Landsat 7 Enhanced Thematic Mapper (ETM+) satellite image to delineate hydrological response units. Snowpack depths were simulated using data from The Weather Network and modelling using the Guelph All-Weather Storm Event Runoff (GAWSER) equations. The Curve Number Method was used to predict peak discharge and time to peak discharge. Snowpack depth was overestimated in some cases, which is likely due to error in snowfall simulations and underestimation of the melt factor. A systematic error, which was caused by averaging of rainfall inputs was corrected for by reducing simulated peak discharge by a factor of 10. The model is most adept at simulating peak discharge for a 71.6 mm rainfall event. For smaller events, a multiplier was introduced to improve the model’s performance. -
Walker Et Al. and Attorney General for Ontario
Walker et al. and Attorney General for Ontario [1970] O.J. No. 1634, [1971] 1 O.R. 151, 14 D.L.R. (3d) 643 Ontario Supreme Court - High Court of Justice August 20, 1970. [1] STARK, J.:— In these proceedings the applicants seek to have their titles quieted. The applicants’ chains of title have already been examined by the Referee of Titles at Toronto and the matter came before me to determine the one remaining and outstanding question involved, namely as to whether the ownership of the applicants’ lands includes the ownership of the beach down to the water’s edge. Their claim to ownership of the beaches is contested by Her Majesty the Queen in right of the Province of Ontario, the Crown claiming that the beach in question is Crown land. The proceedings were lengthy, embracing 17 days in which viva voce evidence was taken, followed by 10 days of argument by counsel. Numerous witnesses, both lay and expert, testified and 126 exhibits, some of them very voluminous, were received in evidence. Considerable evidence was received which, on later examination, has proven to be of slight value, but in view of the wide freedom given to the Judge in investigating the title under s. 8 of the Quieting Titles Act, R.S.O. 1960, c. 340, and in view of the importance of the matter to the parties concerned, I deemed it wise in numerous cases to accept evidence which normally would not be receivable in a Court of law. For purposes of convenience, I have placed titles upon various sections of this judgment.