Historical Background
Welland Canal Flooding Claim and
Six Nations Grievances

Between 1988 and 1995, prior to launching litigation against the Government of Canada, Six Nations of the Grand River Band had submitted 28 specific claims to Indian and Northern Affairs Canada under its Specific Claims policy.

However, in March 1995, the Six Nations of the Grand River Band of Indians filed a lawsuit against the Government of Canada and the Province of Ontario. Due to the lawsuit, the earlier 28 claims were put into abeyance.

In the 1995 lawsuit, Six Nations calls for an accounting for all the lands and moneys they had, or ought to have had, from 1784 to date. In their litigation, Six Nations provides 14 'examples' of the Crown's alleged mismanagement of their money and land. One such example is the Welland Canal flooding claim.

Welland Canal Flooding Claim

There are certain basic facts that are part of the historical record regarding the Welland Canal flooding of Six Nations.

In 1829, as part of the construction of the Welland Canal, a dam was built across the Grand River, which resulted in the flooding of certain Six Nation lands. In addition, a federal Act incorporating the Welland Canal Company required that the Company would provide compensation for damages sustained as a result of the construction of the Canal and that Indians who sustained damages would be compensated in the same manner as non-Indians.

Over a period of approximately 120 years, Six Nations representatives complained about the damage caused by the flooding and sought to obtain compensation. In 1949, the Six Nations sought compensation in a case called Miller v. The King, but the petition was dismissed by the Court.

There is no evidence that compensation has, to this day, been paid to the Six Nations of the Grand River for the value of the flooded lands.