Frequently Asked Questions - Canada's Offer to Six Nations Welland Canal Flooding Claim

What are the details of the offer Canada made to Haudenosaunee/Six Nations regarding the Welland Canal flooding claim?

Generally, the offer relates to Six Nations historical grievances regarding the Welland Canal flooding of Six Nations lands in 1829 and 1830.

The financial offer Canada is making to Six Nations is $26 million. In developing this offer, Canada has carefully considered the history behind the claim and the relevant law, and now looks forward to hearing the Six Nations’ response.

What is the historical basis for the offer?

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. A federal Act incorporating the Welland Canal Company required that the Company provide compensation for damages sustained as a result of the construction of the Canal and that Indians who sustained damages be compensated in the same manner as non-Indians.

Over a period of approximately 120 years, Six Nations representatives raised concerns 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.

What are the conditions attached to the offer?

As with any offer in a negotiation process of this sort, there are terms and conditions that come with the offer.

In general terms, Canada would be looking to ensure that:

• a final settlement agreement is ratified by the people of Six Nations as it is only they who can decide whether to accept or reject it
• the settlement agreement achieves certainty by fully and finally settling all issues associated with the Welland Canal flooding of Six Nations' land in 1829 and 1830
• if Six Nations accepts the offer to settle the Welland Canal flooding claim, the May 30, 2007 offer would be deemed withdrawn.

What is the status of the May 30, 2007 offer of $125 million made to Six Nations Canada?

The Haudenosaunee/Six Nations have neither rejected nor accepted the May 30, 2007 offer. However, should Six Nations accept the offer being made today regarding the Welland Canal flooding claim, the May 30th offer will be withdrawn. This does not mean that the other three claims included in the May 30, 2007 offer cannot be revisited. Canada would be pleased to revisit these other claims covered by the May 30th offer.

What are the three other claims covered by the May 30, 2007 offer?

On May 30, 2007, Canada made an offer of $125 million with respect to four outstanding claims. Apart from the Welland Canal flooding claim, the three others are:

Grand River Navigation Company Investment
Block 5 (Moulton Township)
Burtch Tract

What is the nature of Six Nations grievances against the Crown?

Between 1980 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 the 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.

Is there land involved in the Welland Canal flooding claim offer?

The offer made by Canada on December 12, 2007, is an offer of financial compensation. Canada's negotiating team indicated to Haudenosaunee/Six Nations that Canada is prepared to explore with them the land issue, which Canada understands is of critical importance to them.

It's important to underscore that if land is to be part of any settlement agreement, land would only be acquired on a willing-seller/willing-buyer basis. Canada does not expropriate private property in order to settle land claims.

When does Canada expect to hear back from Six Nations on the offer?

Parties will be meeting in February 2008 to continue discussions.

If accepted by Six Nations, how will the offer be ratified?

If a settlement agreement results, Canada will work with Haudenosaunee/Six Nations to develop a ratification process acceptable to both parties.

What are the next steps?

Haudenosaunee/Six Nations has informed Canada that they intend to consult with Six Nations members on the offer before responding formally. In public statements, Chief Alan MacNaughton stated that the offer “is worthy of consideration”.  Canada understands that they Haudenosaunee/Six Nations will respond formally to the offer at the next scheduled talks on February 6, 2008.

It is important to clarify that the parties are at the initial stages of negotiations on the Welland Canal flooding claim. If the offer is accepted, the parties will work towards developing a draft settlement agreement which could then be the subject of a ratification process.