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124-402: The dispute has been the subject of many formal negotiations under the land claims process since the 1970s and several instances of direct action in the form of protests, blockades, and occupations. Formal negotiations have broken down, and the dispute is before the courts. The Government of Canada's policy to extinguish aboriginal title as a condition of settlement is considered unacceptable by

248-600: A fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law , it has been codified nationally by legislation, treaties, and constitutions. Aboriginal title was first acknowledged in the early 19th century, in decisions in which indigenous peoples were not a party. Significant aboriginal title litigation resulting in victories for indigenous peoples did not arise until recent decades. The majority of court cases have been litigated in Australia, Canada, Malaysia , New Zealand, and

372-548: A "safety zone" had been established on Kanonhstaton, to provide a meeting place for community members to have shelter, learn about their culture, and support the Land Back Lane camp. Being located off the road and not on the McKenzie Meadows site, the safety zone did not fall under either injunction against the protesters. Co-host of the podcast One Dish, One Mic Karl Dockstader (a member of Oneida Nation of

496-570: A class-action suit against the Government of Ontario for its "failure to protect them adequately". This was settled in July 2011, with the government paying CA$ 20 million to class members. By the end of 2011, several criminal cases related to assaults had been prosecuted. During the continuing dispute, on June 16, 2006, the Government of Ontario announced it had bought the disputed tract from

620-410: A community within the municipality of Haldimand County , roughly 20 kilometres (12 miles) southwest of Hamilton . Soon after this demonstration, the demonstrators took control of the disputed land, the planned site of a subdivision known as "Douglas Creek Estates". The land, along with all of Caledonia, is part of the "Haldimand Tract". The Government of Ontario compensated the developer and stopped

744-648: A credible, but yet unproven, claim to Aboriginal title. In 2014 the Supreme Court ruled unanimously for the plaintiff in Tsilhqot'in Nation v. British Columbia . Rejecting the government's claim that Aboriginal title applied only to villages and fishing sites, it instead agreed with the First Nation that Aboriginal title extends to the entire traditional territory of an indigenous group, even if that group

868-542: A development site on Grand River Ave within six miles of the Grand River in Brantford was blocked off by native protesters, following an earlier visit where the protesters expressed concerns about the construction taking place on the disputed Haldimand Tract. Later in the day, police arrived on the scene and eventually some work was allowed to continue on the site. On April 25, 2008, Six Nations protesters blocked off

992-408: A group of about 20 others, walked onto the site at 1535 McKenzie Road in order to stop the development. Once they had managed to put a stop to the construction work, the group established an encampment, referred to as a "reclamation site", on the site of the development. The reclamation site was eventually dubbed 1492 Land Back Lane by the self-proclaimed "land defenders" (the number referring to 1492 ,

1116-446: A long time ago, generally before the assertion of sovereignty , and continuity to the present day. Aboriginal title does not constitute allodial title or radical title in any jurisdiction. Instead, its content is generally described as a usufruct , i.e. a right to use, although in practice this may mean anything from a right to use land for specific, enumerated purposes, or a general right to use which approximates fee simple . It

1240-470: A nearby bridge, and leading the OPP to place concrete barriers around the blockade for safety. The blockade remained up until March 19, when the protesters agreed to leave the road and withdraw to Douglas Creek Estates "as a sign of good faith". McKenzie Meadows was a planned residential development project located south of Caledonia, on the west side of McKenzie Road and the south side of Fuller Drive. The project

1364-564: A person at the occupation site as of August 10. On August 15, the Haudenosaunee Confederacy Chiefs Council released a statement in support of the land defenders, stating that the McKenzie Meadows development was within the "red zone", in which the Haudenosaunee have called for a complete development moratorium. In the statement, they called on the governments of Canada and Ontario to sit down at

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1488-399: A settlement of $ 20 million ending a class-action lawsuit which had been filed by 440 residents, 400 businesses and a handful of sub-contractors, which claimed negligence and malfeasance on the part of the provincial government and the OPP for failing to properly protect citizens who lived near Douglas Creek Estates. Some residents continued independent lawsuits. In 2018, a lawyer who oversaw

1612-938: A statutory procedure that returned approximately 40% of the Northern Territory to Aboriginal ownership; the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 , had a similar effect in South Australia . The High Court of Australia , after paving the way in Mabo No 1 by striking down a State statute under the Racial Discrimination Act 1975 , overruled Milirrpum in Mabo v Queensland (No 2) (1992). Mabo No 2 , rejecting terra nullius , held that native title exists (6–1) and

1736-515: A trench across the Highway 6 bypass and dragged a large part of a hydro tower over the road. The OPP erected two blockades on either side of the bypass to ensure public safety. In response to the OPP moving in to arrest protesters at the level crossing located near Tyendinaga Mohawk Territory on the morning of February 24, 2020, and in solidarity with the Wetʼsuwetʼen opposing the construction of

1860-885: Is Doug Ford of the Progressive Conservatives since the 2018 election ; the 26th since Confederation . The Government of Ontario employs 63,000+ public servants in its non-partisan workforce called the Ontario Public Service (OPS). The OPS helps the government design and deliver policies and programs. The head of the OPS is the Secretary of Cabinet and each ministry in the OPS has a Deputy Minister. The OPS public servants work in areas like administration, communications, data analytics, finance, information technology, law, policy, program development, service delivery, science and research. Over 80% of

1984-537: Is inalienable , and that it may be held either individually or collectively . Aboriginal title is also referred to as indigenous title , native title ( in Australia ), original Indian title ( in the United States ), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes

2108-497: Is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title

2232-725: Is also the King in Right of Ontario. As a Commonwealth realm, the Canadian monarch is shared with 14 other independent countries within the Commonwealth of Nations . Within Canada, the monarch exercises power individually on behalf of the federal government , and the 10 provinces. The powers of the Crown are vested in the monarch and are exercised by the lieutenant governor. The advice of

2356-414: Is common ground among the relevant jurisdictions that aboriginal title is inalienable, in the sense that it cannot be transferred except to the general government (known, in many of the relevant jurisdictions, as " the Crown ")—although Malaysia allows aboriginal title to be sold between indigenous peoples, unless contrary to customary law . Especially in Australia, the content of aboriginal title varies with

2480-424: Is content to let them remain. We see no reason why it should not be permitted to do so. [...] Despite what Justice Marshall said in his reasons of August 8, 2006, he did not include in his final order a direction that the parties cease negotiations. [...] Thus in our view the parties should be free to continue to negotiate if they choose to do so without fear of being in breach or contempt of a court order. To be clear,

2604-940: Is extinguishable by the sovereign (7–0), without compensation (4–3). In the wake of the decision, the Australian Parliament passed the Native Title Act 1993 (NTA), codifying the doctrine and establishing the National Native Title Tribunal (NNTT). Western Australia v Commonwealth upheld the NTA and struck down a conflicting Western Australia statute. In 1996, the High Court held that pastoral leases , which cover nearly half of Australia, do not extinguish native title in Wik Peoples v Queensland . In response, Parliament passed

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2728-593: Is it! Simple: respect each other. Cause I have a tremendous amount of respect for the Indigenous community, and there's just a few-- couple dozen. Uncalled for. Unacceptable. On August 7, a second court injunction was obtained by Haldimand County that "prevents anyone from blockading or restricting use of public roads in the municipality". That same day, the people at the occupation site requested meetings with federal officials, with only Indigenous Services Minister Marc Miller agreeing to sit down and talk, according to

2852-401: Is relied on as proof of occupation pre-sovereignty, there must be a continuity between present and pre-sovereignty occupation, and (iii) at sovereignty, that occupation must have been exclusive." Subsequent decisions have drawn on the fiduciary duty to limit the ways in which the Crown can extinguish Aboriginal title, and to require prior consultation where the government has knowledge of

2976-402: Is subject to a land claim, that claim is not against third-party developers. On July 31, 2020, the OPP helped a court sheriff read and deliver a court injunction issued the day before against the demonstrators. The occupation continued, and on August 5, 2020, the OPP moved in to enforce the injunction, arresting nine people in the process, including Skyler Williams. While most media reported that

3100-671: The Coastal GasLink Pipeline , members of the Mohawk Nation (Bear Clan) from Six Nations began a peaceful demonstration on the Ontario Highway 6 bypass near Caledonia, blocking traffic and commuter trains along the Lakeshore West GO line later in the day on February 24. Eventually, a blockade consisting of pallets and parked vehicles was set up on the highway, forcing traffic to be rerouted to

3224-861: The Committee on the Elimination of Racial Discrimination . The 2004 Act was repealed with the passage of the Marine and Coastal Area (Takutai Moana) Act 2011 . The High Court of Australia , which had appellate jurisdiction before 1975, recognized aboriginal title in Papua New Guinea —decades before it did so in Australia—in Geita Sebea v Territory of Papua (1941), Administration of Papua and New Guinea v Daera Guba (1973) (the "Newtown case"), and other cases. The Supreme Court of Papua New Guinea followed suit. Schedule 2 of

3348-631: The Constitution of Papua New Guinea recognizes customary land tenure , and 97% of the land in the country remains unalienated. In Alexkor v Richtersveld Community (2003), a suit under the Restitution of Land Rights Act 1994 , lawyers gathered case law from settler jurisdictions around the world, and judges of the Constitutional Court of South Africa talked frankly about Aboriginal title. The Land Claims Court had dismissed

3472-649: The Doctrine of Continuity , and the Recognition Doctrine . The Act of State doctrine held that the Crown could confiscate or extinguish real or personal property rights in the process of conquering, without scrutiny from any British court, but could not perpetrate an Act of State against its own subjects. The Doctrine of Continuity presumed that the Crown did not intend to extinguish private property upon acquiring sovereignty, and thus that pre-existing interests were enforceable under British law. Its mirror

3596-656: The Native Land Act 1909 declared aboriginal title unenforceable against the Crown. Eventually, the Privy Council acquiesced to the view that the Treaty was non-justiciable. Land was also lost under other legislation. The Counties Act 1886 s.245 said that tracks, "over any Crown lands or Native lands, and generally used without obstruction as roads, shall, for the purposes of this section, be deemed to be public roads, not exceeding sixty-six feet in width, and under

3720-504: The Native Title Amendment Act 1998 (the "Ten Point Plan"), extinguishing a variety of Aboriginal land rights and giving state governments the ability to follow suit. Western Australia v Ward (2002) held that native title is a bundle of rights , which may be extinguished one by one, for example, by a mining lease. Yorta Yorta v Victoria (2002), an appeal from the first native title claim to go to trial since

3844-610: The Numbered Treaties were void. A variety of non-land rights cases, anchored on the Constitution Act 1982, have also been influential. Delgamuukw v. British Columbia (1997) laid down the essentials of the current test to prove Aboriginal title: "in order to make out a claim for [A]boriginal title, the [A]boriginal group asserting title must satisfy the following criteria: (i) the land must have been occupied prior to sovereignty, (ii) if present occupation

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3968-565: The Ontario Superior Court of Justice over the developers' purchase of the land. The lawsuit is an accounting claim for "all assets which were not received but ought to have been received, managed or held by the Crown for the benefit of the Six Nations." The case was openly litigated until 2004, when it was paused for "exploratory" negotiated settlement talks with the federal government. These talks were never pursued, due to

4092-769: The Toledo District filed a complaint with the Inter-American Commission on Human Rights (IACHR), which sided with the Maya in 2004 and stated that the failure of the government of Belize to demarcate and title the Maya cultural lands was a violation of the right to property in Article XXIII of the American Declaration . In 2007, Chief Justice Abdulai Conteh ruled in favor of the Maya communities of Conejo and Santa Cruz, citing

4216-475: The non-partisan Ontario Public Service and directed by the elected government. The premier of Ontario is the first minister of the Crown . The premier acts as the head of government for the province, chairs and selects the membership of the Cabinet , and advises the Crown on the exercise of executive power and much of the royal prerogative . As premiers hold office by virtue of their ability to command

4340-422: The royal prerogative and granting royal assent . While the advice of the premier and Executive Council is typically binding on the lieutenant governor, there are occasions when the lieutenant governor has refused advice. This usually occurs if the premier does not clearly command the confidence of the elected Legislative Assembly. The executive power is vested in the Crown and exercised "in-Council", meaning on

4464-813: The Australian citizenry as a result of the 1967 referendum . In 1971, Blackburn J of the Supreme Court of the Northern Territory rejected the concept in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case"). The Aboriginal Land Rights Commission was established in 1973 in the wake of Milirrpum . Paul Coe , in Coe v Commonwealth (1979), attempted (unsuccessfully) to bring a class action on behalf of all Aborigines claiming all of Australia. The Aboriginal Land Rights Act 1976 , established

4588-670: The CKGR. Aboriginal title has been recognized in Common Law in Canada since the Privy Council , in St. Catharines Milling v. The Queen (1888), characterized it as a personal usufruct at the pleasure of the Queen. This case did not involve indigenous parties, but rather was a lumber dispute between the provincial government of Ontario and the federal government of Canada. St. Catharines

4712-662: The Confederacy chiefs, referring to the negotiations that had been suspended pending litigation first in 1995 and then again in 2009. The last blockade near the site was removed on August 22. Someone was arrested in connection to the camp on August 24 in Hamilton, Ontario . On August 25, the Superior Court extended both the August 7 (despite the final blockade having come down three days prior) and July 30 injunctions,

4836-472: The Constitution Act, 1982 explicitly recognized and preserved aboriginal rights. R. v. Guerin (1982), the first Supreme Court of Canada decision handed down after the Constitution Act 1982, declared that Aboriginal title was sui generis and that the federal government has a fiduciary duty to preserve it. R. v. Simon (1985) overruled R. v. Syliboy (1929) which had held that Aboriginal peoples had no capacity to enter into treaties, and thus that

4960-678: The Court did not have jurisdiction to make a declaration in favour of the Nisga'a in the absence of a fiat of the Lieutenant-Governor of B.C. permitting suit against the provincial government. Section 91(24) of the Constitution Act, 1867 ("British North America Act 1867") gives the federal government exclusive jurisdiction over First Nations, and thus the exclusive ability to extinguish Aboriginal title. Section Thirty-five of

5084-494: The Douglas Creek Estates conflict in 2006. Regarding their right to purchase the land, Henco argued that the Six Nations had surrendered their rights to the land in 1841 and Henco had purchased it from the Government of Canada . The Six Nations, however, maintained that their title to the land was never relinquished, as their chiefs protested the 1841 surrender and sent a petition to the government arguing against

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5208-415: The Douglas Creek Estates site in order to prevent trespassing on the disputed land. The only house at Douglas Creek Estates that had survived the violent confrontations in 2006 nearly burned to the ground overnight on the morning of November 15, 2016. Throughout the occupation and protests, many Caledonia residents complained that they had been subject to threats and violence from Native protesters and that

5332-537: The Douglas Creek Estates. The proposed subdivision was set to be located southeast of Caledonia, between Argyle Street South, 6th Line, the CN rail line, and the houses along Thistlemoor Drive. That land was part of an existing land claim submitted by the Six Nations Elected Council ; the claim had been closed by 1995. In March of that year, the Six Nations sued the federal and provincial governments in

5456-568: The Federal Constitution and the Aboriginal Peoples Act, as well as decisions from the Privy Council, Australia, Canada, New Zealand, and the United States. That case was the first time where Orang Asli directly and expressly challenged a state taking of their land. The opinion held that: "the aborigines' common law rights include, inter alia, the right to live on their land as their forefathers had lived." The case

5580-564: The Grand Council voted to not execute an agreement with the developer at a council meeting on December 17, 2013. On September 9, 2015, Foxgate Development acquired the land for the project from Haldimand County. In 2016 and 2019, the Elected Council of Six Nations of the Grand River received various "accommodations" for the development, as per an agreement signed with Ballantry Homes. The agreement outlined an accommodation for

5704-406: The Grand River with [her] auntie/sis." Dockstader and Skye were both charged with disobeying a court order and mischief. No further information on the reason for his arrest was given to Dockstader at the time. Dockstader's release barred him from the site and from contacting employees of Foxgate under threat of further charges, conditions for which the OPP faced criticism for limiting media access to

5828-707: The Highway 6 bypass and the CN Rail line to show support for four Mohawks arrested during a protest at Tyendinaga Mohawk Territory the day before; this protest was centred around a quarry on the disputed Culbertson Tract that had started in March 2007. Shawn Brant , one of the Tyendinaga protesters arrested, was charged with assault with a weapon, breach of bail conditions, possession of weapons and possession of marijuana . At around 4:30 PM, protesters in Caledonia dug

5952-585: The IACHR judgement and key precedents from other common law jurisdictions. The government entered into negotiations with the Maya communities, but ultimately refused to enforce the judgement. In 2008, The TMCC and TAA, and many individual alcaldes , filed a representative action on behalf of all the Maya communities of the Toledo District, and on 28 June 2010, CJ Conteh ruled in favor of the claimants, declaring that Maya customary land tenure exists in all

6076-417: The Maya villages of the Toledo District, and gives rise to collective and individual property rights under sections 3(d) and 17 of the Belize Constitution . A Botswana High Court recognized aboriginal title in Sesana and Others v Attorney General (2006), a case brought by named plaintiff Roy Sesana , which held that the San have the right to reside in the Central Kalahari Game Reserve (CKGR), which

6200-491: The Native Lands Act 1862, the Native Rights Act 1865 and the Native Lands Act 1865 which established the Native Land Court (today the Māori Land Court ) to hear aboriginal title claims, and—if proven—convert them into freehold interests that could be sold to Pākehā (New Zealanders of European descent). That court created the "1840 rule", which converted Māori interests into fee simple if they were sufficiently in existence in 1840, or else disregarded them. Symonds remained

6324-417: The Native Title Act, adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. In A-G for British Honduras v Bristowe (1880), the Privy Council held that the property rights of British subjects who had been living in Belize under Spanish rule with limited property rights, were enforceable against the Crown, and had been upgraded to fee simple during

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6448-449: The Native protesters "set up a checkpoint... Almost like they were entering another country," and that community lost confidence in the OPP's ability to protect them. Haggith also testified that when natives set fire to a wooden bridge in town, the fire department withdrew from fighting the blaze when threatened by protesters. The fire chief told the OPP he did not believe they would protect him or his men. In addition, an electrical substation

6572-437: The OPP when he caused trouble by ignoring the natives. Brown alleged that Native protesters threatened and harassed him repeatedly, and that rocks and mud were thrown at his family and their home. Brown and his wife sought $ 7 million in a civil lawsuit against the OPP on the basis that the police did nothing to protect him and his family during the occupation. In response to Brown's claims, Crown lawyer David Felicient stated that

6696-413: The OPS workforce is unionized, which includes the Ontario Public Service Employees Union and the Association of Management, Administrative and Professional Crown Employees of Ontario . The Government of Ontario is not the same as Broader Public Sector ( BPS ) organizations. While both provide goods and services to Ontarians, BPS organizations receive funding from the Government of Ontario, but are not

6820-400: The Ontario Provincial Police (OPP) failed to take any action to protect them. David Brown, who lived with his wife near the disputed area at the time, testified in court in November 2009 that he was required to carry a native-issued passport and needed approval from the protesters to enter his own house. He also claimed that after arriving "after curfew" one day, he was denied entry and jailed by

6944-456: The ROC built cities, railroads, national parks, mines and tourist attractions. In 2005 the Basic Law for Indigenous Peoples was passed. Government of Ontario Official Opposition [REDACTED] Canada portal The Government of Ontario ( French : Gouvernement de l'Ontario ) is the body responsible for the administration of the Canadian province of Ontario . The term Government of Ontario refers specifically to

7068-405: The Six Nations. The Six Nations are seeking monies owing and ongoing payments for leased lands and the return of lands improperly transferred. The dispute came to wide attention in Canada in 2006 when the Six Nations formally reactivated litigation initially brought in 1995 against Canada and Ontario. Protesters from the Six Nations of the Grand River demonstrated on a parcel of land in Caledonia ,

7192-403: The Thames , Bear Clan) and Mohawk Ryerson University (now Toronto Metropolitan University) research fellow Courtney Skye (a member of Six Nations of the Grand River, Turtle Clan) were arrested on September 2 and 3, respectively, along with three other arrests on September 2. Dockstader had been covering the occupation as an independent journalist, while Skye was reportedly "sitting on the banks of

7316-402: The Treaty, and facilitate settlements . Te Weehi v Regional Fisheries Office (1986) was the first modern case to recognize an aboriginal title claim in a New Zealand court since Wi Parata , granting non-exclusive customary fishing rights. The Court cited the writings of Dr Paul McHugh and indicated that whilst the Treaty of Waitangi confirmed those property rights, their legal foundation

7440-407: The United States. Aboriginal title is an important area of comparative law , with many cases being cited as persuasive authority across jurisdictions. Legislated Indigenous land rights often follow from the recognition of native title . Aboriginal title arose at the intersection of three common law doctrines articulated by the Judicial Committee of the Privy Council : the Act of State doctrine,

7564-434: The advice of the Executive Council; conventionally, this is the Cabinet, which is chaired by the premier and comprises ministers of the Crown . The term Government of Ontario , or more formally, His Majesty's Government refers to the activities of the Lieutenant Governor-in-Council . The day-to-day operation and activities of the Government of Ontario are performed by the provincial departments and agencies, staffed by

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7688-426: The afternoon before Gualtieri arrived and clashed with the young protesters. On December 2, 2011, Richard Smoke (Mohawk) was convicted of assault for the attack on Gualtieri, who had asked Smoke and several others to leave his daughter's house, which he was helping build as a wedding present. Smoke apologized to Gualtieri in court, in one of several criminal cases arising out of the DCE occupation. On September 4, 2007,

7812-414: The area "1492 Land Back Lane". Calling themselves "land defenders", the protestors have refused to leave despite being ordered to by an Ontario court. In 1980, the Six Nations Council, along with SNLCRO, submitted a claim to Indigenous and Northern Affairs Canada against Canadian National Railway 's unauthorized use of reserve land for a stretch of rail that runs along the eastern end of the reserve (near

7936-412: The beaches, and customary fishing rights on the foreshore. The Limitation Act 1950 established a 12-year statute of limitations for aboriginal title claims (6 years for damages), and the Maori Affairs Act 1953 prevented the enforcement of customary tenure against the Crown. The Treaty of Waitangi Act 1975 created the Waitangi Tribunal to issue non-binding decisions, concerning alleged breaches of

8060-426: The campsite, and going against the decision made in the case of Justin Brake in 2019, where the Court of Appeal of Newfoundland and Labrador set a precedent to distinguish activists and reporters. By the end of the day on September 3, OPP Constable Rodney LeClair estimated that there had been 17 arrests made so far, up from 13 reported earlier that morning. Two more arrests were made over the September 5–6 weekend, with

8184-427: The class-action lawsuit by Caledonia residents was charged with fraud. On September 13, 2007, builder Sam Gualtieri was attacked and seriously injured in a confrontation with native protesters at the 90-home Stirling South subdivision development in Caledonia. Following a brief occupation two weeks prior, a small group of natives had occupied the property that morning, and the confrontation was going to end peacefully in

8308-457: The complaint of the Richtersveld peoples, whose land was seized by a government owned diamond mining operation . The Supreme Court of Appeal disagreed, citing Mabo and Yorta Yorta , but held that the aboriginal title had been extinguished. Whether the precedent will be the start of further land rights claims by indigenous peoples is an open question, given the cut-off date of 1913 in the Restitution Act. The case ultimately did not lead to

8432-569: The confidence of the elected Legislative Assembly , they typically sit as a MPP and lead the largest party or a coalition in the Assembly. Once sworn in, the premier holds office until their resignation or removal by the lieutenant governor after either a motion of no confidence or defeat in a general election . In Canada, the Cabinet (French: Conseil des ministres , lit.   'council of ministers') of provincial and territorial governments are known as an Executive Council ( French : Conseil exécutif ). The premier of Ontario

8556-436: The construction, consisting of 42.3 acres (0.171 km) of land across from Little Buffalo along Townline Road (170 Concession 17 Road in Hagersville) being transferred to Six Nations in 2016, as well as a transfer of $ 352,000 to the SNEC for use in future purchases of land, transferred in 2019. In return for these accommodations, the Elected Council agreed to support the development in a variety of ways, namely: This agreement

8680-405: The control of the Council". Opposition to such confiscation was met by force, as at Opuatia in 1894. A series of Acts, beginning a year after the Treaty of Waitangi with the Land Claims Ordinance 1841, allowed the government to take and sell 'Waste Lands'. Favorable court decisions turned aboriginal title litigation towards the lake beds, but the Māori were unsuccessful in claiming the rivers

8804-424: The court injunction Foxgate held against them. On September 23, Haldimand County's police services board called on the OPP to step up enforcement of the injunction, claiming their current framework for responding to "Indigenous critical incidents" was not working, and characterizing the occupation as "acts of terrorism" in reference to the Canada Criminal Code . Aboriginal land claims Aboriginal title

8928-400: The degree to which claimants are able to satisfy the standard of proof for recognition. In particular, the content of aboriginal title may be tied to the traditions and customs of the indigenous peoples, and only accommodate growth and change to a limited extent. Aboriginal title can be extinguished by the general government, but again, the requirement to do this varies by country. Some require

9052-423: The developer and would hold it in trust until negotiations settled the claim. Talks began, including the Confederacy chiefs, but were put on hold in 2009 when litigation of the 1995 lawsuit was resumed. The trial is anticipated to start sometime in early 2024. The province owns Douglas Creek Estates. It does not claim that the protesters are on its property unlawfully. It does not seek a court order removing them. It

9176-421: The development, holding the land for planned negotiations. In February and March 2020, the dispute once again entered public consciousness with Mohawk protesters blockading Highway 6 as part of the 2020 Canadian pipeline and railway protests in solidarity with the Wetʼsuwetʼen , and later with the occupation of the site of another planned subdivision in Caledonia, "McKenzie Meadows". The protestors have called

9300-408: The development. Benefits presented to the community during the consultation process include job prospects for community members and the raising of funds throughout the construction of residential units for the eventual construction of "Kawenn:io/Gaweni:yo Private School", a language school to be built on the reserve. Ultimately, a majority of respondents to the engagement process opposed the project, and

9424-482: The enforcement of the injunction would allow construction to continue. However, the following day, demonstrators returned to the camp, with community members and supporters showing up intermittently to provide support to those occupying the land. When asked about the events at 1492 Land Back Lane, Ontario Premier Doug Ford said during his COVID-19 briefing on August 6, You know, you just can't go in and just take over people's future homes, it's wrong. And then, when

9548-498: The exclusion of black African communities, an approach deemed detrimental to the spirit of national unity. The legacy of the Natives Land Act also means that few communities retain relationships with the land of which they held before 1913. Taiwanese indigenous peoples are Austronesian peoples , making up a little over 2% of Taiwan 's population; the rest of the population is composed of ethnic Chinese who colonised

9672-675: The executive—political ministers of the Crown (the Cabinet/Executive Council), appointed on the advice of the premier, and the non-partisan Ontario Public Service (whom the Executive Council directs), who staff ministries and agencies to deliver government policies, programs, and services—which corporately brands itself as the Government of Ontario , or more formally, His Majesty's Government of Ontario ( French : Gouvernement de l’Ontario de Sa Majesté ). King  Charles III , as monarch of Canada

9796-522: The existence of aboriginal title, and upholding customary land claims; many of these arose in African colonies. Modern decisions have heaped criticism upon the views expressed in Southern Rhodesia . The requirements for establishing an aboriginal title to the land vary across countries, but generally speaking, the aboriginal claimant must establish (exclusive) occupation (or possession) from

9920-584: The first time in Superintendent of Lands v. Madeli bin Salleh . The Federal Court endorsed Mabo and Calder , stating that "the proposition of law as enunciated in these two cases reflected the common law position with regard to native titles throughout the Commonwealth." The High Court of Kuching held in 2010, for the first time, that NCL may be transferred for consideration between members of

10044-739: The force of law. Malaysian court decisions from the 1950s on have held that customary lands were inalienable . In the 1970s, aboriginal rights were declared to be property rights, as protected by the Federal Constitution. Decisions in the 1970s and 1980s blocked state-sanctioned logging on customary land. In 1997, Mokhtar Sidin JCA of the Jahore High Court became the first Malaysian judge to acknowledge common law aboriginal title in Adong bin Kuwau v. Kerajaan Negeri Johor . The High Court cited

10168-575: The foreshore in Land Court. The Court also indicated that customary aboriginal title interests (non-territorial) might also remain around the coastline. The Foreshore and Seabed Act 2004 extinguished those rights before any lower court could hear a claim to either territorial customary title (the Maori Land Court) or non-territorial customary rights (the High Court's inherent common law jurisdiction). That legislation has been condemned by

10292-514: The formation of an unarmed "militia" to enforce laws they felt the Ontario Provincial Police had failed to uphold. Six Nations Councillor Claudine VanEvery-Albert, along with OPP spokesperson Constable Paula Wright both spoke out against the formation of a militia, and three days later, Ontario Community Safety Minister Rick Bartolucci called it a "dumb idea." On July 8, 2011, Ontario Attorney General Chris Bentley announced

10416-653: The gap between Spanish and British sovereignty. This decision did not involve indigenous peoples, but was an important example of the key doctrines that underlie aboriginal title. In 1996, the Toledo Maya Cultural Council (TMCC) and the Toledo Alcaldes Association (TAA) filed a claim against the government of Belize in the Belize Supreme Court , but the Court failed to act on the claim. The Maya peoples of

10540-624: The government owed a duty analogous to a fiduciary duty toward the Māori. This cleared the way for a variety of Treaty-based non-land Māori customary rights. By this time the Waitangi Tribunal in its Muriwhenua Fishing Report (1988) was describing Treaty-based and common law aboriginal title derived rights as complementary and having an 'aura' of their own. Circa the Te Ture Whenua Māori Act 1993 , less than 5% of New Zealand

10664-599: The guiding principle, until Wi Parata v the Bishop of Wellington (1877). Wi Parata undid Symonds , advocating the doctrine of terra nullius and declaring the Treaty of Waitangi unenforceable. The Privy Council disagreed in Nireaha Tamaki v Baker , and other rulings, but courts in New Zealand continued to hand down decisions materially similar to Wi Parata . The Coal Mines Amendment Act 1903 and

10788-495: The important role the media has in the community. We value and strive to have collaborative relationships with our media partners." The following day, Lela George (a member of the Oneida First Nation) became the 23rd person to be charged in relation to the occupation. In a letter dated September 17, Foxgate's legal counsel urged ministers to not enter into negotiations with the "occupiers" while they continued to defy

10912-620: The inclusion of the Aboriginal title in South African doctrine. Legal scholars allege that this is because the application of terms like 'indigenous' and 'Aboriginal' in a South African context would lead to a number of contradictions. The identity of the indigenous groups in South Africa is not self-evident. The adoption of a strict definition, including only communities descended from San and Khoekhoe people, would entail

11036-673: The independent existence of common law aboriginal title. Native Customary Rights (NCR) and Native Customary Land (NCL) are provided for under section 4(2) of the National Land Code 1965, the Sarawak Land Code 1957, the respective provisions of the National Land Code (Penang and Malacca Titles) Act 1963, and the Customary Tenure Enactment (FMS). Rajah's Order IX of 1875 recognized aboriginal title by providing for its extinguishment where cleared land

11160-400: The institutions or the legal ideas of civilized society. Such a gulf cannot be bridged. Two years later, Amodu Tijani laid the basis for several elements of the modern aboriginal title doctrine, upholding a customary land claim and urging the need to "study of the history of the particular community and its usages in each case." Subsequently, the Privy Council issued many opinions confirming

11284-658: The island from the 17th century onward. From 1895 Taiwan was under Japanese rule and indigenous rights to land were extinguished. In 1945, the Republic of China (ROC) took control of Taiwan from the Japanese Empire ; a rump Republic of China was established on Taiwan in 1949 after the Communists won the Chinese Civil War . From then, indigenous people's access to traditional lands was limited, as

11408-400: The judgement of a non-judicial tribunal. Other important Privy Council decisions include In re Southern Rhodesia (1919) and Amodu Tijani v. Southern Nigeria (Secretary) (1921). The former rejected a claim for aboriginal title, noting that: Some tribes are so low in the scale of social organization that their usages and conceptions of rights and duties are not to be reconciled with

11532-423: The latter of which "restrains anyone from occupying or hindering development of the construction site" and names Skyler Williams as a defendant. That day, the OPP reported that they would not be enforcing the injunction again until their liaison team "[had] had a chance to deescalate the situation," but that they would have to move in should that fail. By early September, a support camp referred to by an organizer as

11656-436: The legislature to be explicit when it does this, others hold that extinguishment can be inferred from the government's treatment of the land. In Canada, the Crown cannot extinguish aboriginal title without the explicit prior informed consent of the proper aboriginal title holders. New Zealand formerly required consent, but today requires only a justification, akin to a public purpose requirement. Jurisdictions differ on whether

11780-424: The negotiation table and address land issues with them, the hereditary chiefs, citing the issues left unresolved after the breakdown of talks following the dispute at Kanonhstaton. In a letter dated August 19, Indigenous Services Minister Marc Miller and Minister of Crown–Indigenous Relations Carolyn Bennett offered to resume negotiation of "longstanding and unresolved land issues" with elected chief Mark Hill and

11904-435: The occupation site. He added that if any officers are harmed, he would not support a renewal of the town's policing contract in 2008 and would back any lawsuit brought against the town by individual officers. An OPP spokesperson told The Hamilton Spectator that the OPP would neither confirm nor deny the authenticity of the e-mail because it was meant to be private correspondence. On February 22, 2010, Marie Trainer said that

12028-541: The order of Justice Marshall does not preclude continued negotiations. On January 27, 2007, a report from the Department of Justice to the Six Nations Confederacy stated that their land claims would not hold up in court. On April 12, 2007, Haldimand County Mayor Marie Trainer said she received an e-mail from OPP commissioner Julian Fantino implying that the town was encouraging "divisive rallies" at

12152-457: The police come, this is where the people at home are really gonna-- they get an outhouse, toss it over from a bridge onto a police car, then they start throwing rocks at the police car! Like, enough is enough. I'm just losing my patience. I can't direct the police, and I won't direct the police, but people have to obey the rules. I don't care where you come from, you know, what your race, creed, colour, whatever, we have one country, one rule, and that

12276-598: The police fired "a single round from a weapon that shoots rubber bullets", several members of the occupation reported that at least three rubber bullets were fired during the violent enforcement of the injunction, which also involved land defenders throwing rocks at OPP. In response to this, Six Nations community members established a blockade on Argyle Street, the Highway 6 bypass, and the rail line. Tires and wood pellets were set on fire, and while police officers were setting up checkpoints, they were swarmed by protesters and prevented. The vice-president of Losani Homes indicated that

12400-455: The premier and Executive Council is typically binding; the Constitution Act, 1867 requires executive power to be exercised only "by and with the Advice of the Executive Council". The lieutenant governor is appointed by the governor general , on the advice of the prime minister of Canada . Thus, it is typically the lieutenant governor whom the premier and ministers advise, exercising much of

12524-530: The prevailing law until Calder v. British Columbia (Attorney General) (1973). All seven of the judges in Calder agreed that the claimed Aboriginal title existed, and did not solely depend upon the Royal Proclamation of 1763 . Six of the judges split 3–3 on the question of whether Aboriginal title had been extinguished. The Nisga'a did not prevail because the seventh justice, Pigeon J, found that

12648-551: The province was leaning towards giving the Douglas Creek Estates to the Six Nations Band Council, but that she expected it to be some time before a formal decision would be reached. In June 2014, the Haldimand County council ordered the removal of a native-made blockade in Caledonia. In November 2014, the Haudenosaunee Confederacy Chiefs Council completed construction of a fence and gate surrounding

12772-533: The provinces, and provincial law still applies. In 2008, Japan gave partial recognition to the Ainu people . However, land rights were not given for another eleven years. In 2019, Japan fully recognised the Ainu people as the indigenous people of Japan and gave them some land rights if requested. Malaysia recognised various statutory rights related to native customary laws ( adat ) before its courts acknowledged

12896-410: The same charges as Skye and Dockstader. On Tuesday, September 15, Starla Myers, a member of Six Nations and reporter for Real Peoples Media, was arrested and charged with two counts of mischief and one count of disobeying a court order. The OPP continued to face criticism for arresting another reporter, but Constable LeClair re-iterated that the OPP are "committed to the freedom of the press and respects

13020-509: The same community, as long as such transfers are not contrary to customary law . New Zealand was the second jurisdiction in the world to recognize aboriginal title, but a slew of extinguishing legislation (beginning with the New Zealand land confiscations ) has left the Māori with little to claim except for river beds , lake beds , and the foreshore and seabed . In 1847, in a decision that

13144-574: The site of the later Douglas Creek Estates dispute). The First Nation eventually accepted a settlement in 1987 that consisted of $ 610,000 in the form of three parcels of land added to the reserve, which added approximately 104,883 hectares (259,170 acres). The council also retained the right to purchase said railway lands if they were not used for railway purposes and were re-acquired by Canada. Indigenous protesters and allies Canadian government and police In 1992, Henco Industries Ltd. purchased 40 hectares (99 acres) of land for what it would later call

13268-592: The situation "must be understood against the backdrop of the unique character of Aboriginal occupations and protests" and that the OPP were prevented from taking action due to "policy implications." Felicient also suggested that Brown had fabricated portions of his testimony to draw attention to his lawsuit. When Felicient asked why Brown kept a loaded shotgun, Brown responded that "We were doing what we had to do to stay alive. I had no protection from our government. I felt that I needed to protect my wife and my family." In court testimony, OPP Inspector Brian Haggith stated that

13392-450: The state is required to pay compensation upon extinguishing aboriginal title. Theories for the payment of compensation include the right to property , as protected by constitutional or common law, and the breach of a fiduciary duty . Australia did not experience native title litigation until the 1970s, when Indigenous Australians (both Aboriginal and Torres Strait Islander people) became more politically active, after being included in

13516-534: The terms. In July 2005, the subdivision plan for Douglas Creek Estates was registered, with title to the property guaranteed by the province of Ontario. Starting in February 2006, community members from Six Nations occupied the site of the proposed development, which they named in Mohawk "Kanonhstaton" ( IPA: [ganũ'sdaːdũ] , English: "the protected place" ). Direct action on the part of protesters over

13640-592: The year Christopher Columbus made landfall in the Caribbean , a commonly accepted starting point for European colonization of the Americas ). Lonny Bomberry, Director of Six Nations Land and Resources, has said that there is no traditional land claim associated with the occupied development, since it has been under third-party ownership for at least 150 years, and while the entirety of the Haldimand Tract

13764-413: The years included blockade of roads and rail lines, damage to a power station resulting in an area blackout and more than $ 1 million in repairs, and low levels of violence from both sides, as well as isolated, more serious attacks. The federal government halted negotiations at times because of the protesters' actions. As protests continued, on June 12, 2006, more than 400 area residents and businesses filed

13888-403: Was abandoned. Rajah's Order VIII of 1920 ("Land Order 1920") divided "State Lands" into four categories, one of them being "native holdings", and provided for the registration of customary holdings. The Aboriginal People's Act 1954 creates aboriginal areas and reserves, also providing for state acquisition of land without compensation. Article 160 of the Federal Constitution declares that custom has

14012-516: Was decided in the wake of the Indian Act (1876), which laid out an assimilationist policy towards the Aboriginal peoples in Canada ( First Nations , Inuit , and Métis ). It allowed provinces to abrogate treaties (until 1951), and, from 1927, made it a federal crime to prosecute First Nation claims in court, raise money, or organize to pursue such claims. St. Catharines was more or less

14136-407: Was destroyed, causing more than $ 1 million in damage and a blackout, when a truck crashed through its gates and was left ablaze. Haggith said that there was little response from the police. Inspector Haggith also testified that he had asked for a change in policy at a subsequent meeting he had with his OPP superiors, but that his request was denied. On June 15, 2009, some Caledonia residents announced

14260-544: Was held as Māori customary land. In 2002, the Privy Council confirmed that the Maori Land Court, which does not have judicial review jurisdiction, was the exclusive forum for territorial aboriginal title claims (i.e. those equivalent to a customary title claim) In 2003, Ngati Apa v Attorney-General overruled In Re the Ninety-Mile Beach and Wi Parata , declaring that Māori could bring claims to

14384-564: Was not appealed to the Privy Council, the Supreme Court of the colony of New Zealand recognized aboriginal title in R v Symonds . The decision was based on common law and the Treaty of Waitangi (1840). Chapman J went farther than any judge—before or since—in declaring that aboriginal title "cannot be extinguished (at least in times of peace) otherwise than by the free consent of the Native occupiers". The New Zealand Parliament responded with

14508-581: Was owned by Foxgate Development (previously by 2036356 Ontario Inc.), a consortium created by Losani Homes and Ballantry Homes (a Toronto-based residential development company), with Michael Corrado specifically listed as one of the owners. The land planned for the development amounted to 107 acres (0.43 km). In October and November 2013, the Six Nations Elected Council, through the community engagement website Six Nations Future, engaged in consultation with Six Nations citizens regarding

14632-527: Was rejected by Lord Mansfield in 1774. The two doctrines were reconciled, with the Doctrine of Continuity prevailing in nearly all situations (except, for example, public property of the predecessor state) in Oyekan v Adele (1957). The first Indigenous land rights case under the common law, Mohegan Indians v. Connecticut , was litigated from 1705 to 1773, with the Privy Council affirming without opinion

14756-403: Was semi-nomadic and did not create settlements on that territory. It also stated that governments must have consent from First Nations which hold Aboriginal title in order to approve developments on that land, and governments can override the First Nation's wishes only in exceptional circumstances. The court reaffirmed, however, that areas under Aboriginal title are not outside the jurisdiction of

14880-572: Was signed by SNEC Chief Ava Hill on June 18, 2019, but was not signed by the Haudenosaunee Confederacy Chiefs Council (HCCC), the organization representing the traditional governance structure of the Haudenosaunee , which predates the SNEC (established in 1924) and governs alongside the elected council. Development of the McKenzie Meadows project continued, but on the afternoon of July 19, 2020, Six Nations community member Skyler Williams, along with

15004-526: Was the Recognition Doctrine, which held that private property rights were presumed to be extinguished in the absence of explicit recognition. In 1608, the same year in which the Doctrine of Continuity emerged, Edward Coke delivered a famous dictum in Calvin's Case (1608) that the laws of all non-Christians would be abrogated upon their conquest. Coke's view was not put into practice, but

15128-459: Was the common law principle of continuity. The Crown did not appeal Te Weehi which was regarded as the motivation for Crown settlement of the sea fisheries claims (1992). Subsequent cases began meanwhile—and apart from the common law doctrine—to rehabilitate the Treaty of Waitangi, declaring it the "fabric of New Zealand society" and thus relevant even to legislation of general applicability. New Zealand Maori Council v Attorney-General held that

15252-603: Was upheld on appeal, but the Federal Court did not write an opinion. Later High Court and Court of Appeal decisions built upon the foundation of Adong bin Kuwau . However, the ability for indigenous peoples to bring such suits was seriously limited by a 2005 ruling that claims must be brought under O. 53 RHC , rather than the representative action provision. In 2007, the Federal Court of Malaysia wrote an opinion endorsing common law aboriginal title for

15376-458: Was violated by their 2001 eviction. The decision quoted Mabo and other international case law, and based the right on the San's occupation of their traditional lands from time immemorial . The court described the right as a "right to use and occupy the lands" rather than a right of ownership. The government has interpreted the ruling very narrowly and has allowed only a small number of San to re-enter

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