Application to the Superior Court of Justice for Writ of Mandamus compelling constitutional compliance.
The instrument
Gazette No. 63 — Application for Writ of Mandamus
April 2026 · Status: Provisional — Not Yet Filed
Gazette No.: GZT001-260310-000063
Register Entry No.: REG001-020000-000063
Tracking Code: AG0310-020000-000063 Status: 13 — Provisional · Drafted and entered in the Register · Not yet filed with the Court
Category / Class: Category 03 — Justice Services · Class 10 — Application
Application for Writ of Mandamus
and Ancillary Extraordinary Relief
Notice of Intended Application — Provisional Status
This Application has been drafted and entered in the Register of the Nation as Gazette No. 63 (GZT001-260310-000063). It has not yet been filed with the Superior Court of Justice. It is held at status 13 (Provisional). Filing is subject to further review of scope, sequence, and representation, and is contingent in part on the response to the Attorney General’s Demand to the Crown (Gazette No. 66). All rights, remedies, claims, and relief set out below are expressly reserved in their entirety.
Pre-filing considerations: (i) scope and sequencing — full application versus staged initial application focused on the administrative notice mechanism; (ii) representation arrangements; (iii) service protocol in respect of His Majesty King Charles III as a named respondent. None of these considerations affects the substantive constitutional position.
Part I — Nature of the Intended Application
The Applicant, Benjamin Doolittle UE, Secretary-General of the Mohawk Nation of Grand River, intends to make application to the Superior Court of Justice for a Writ of Mandamus and ancillary extraordinary relief pursuant to: the inherent jurisdiction of the Superior Court under s. 96 of the Constitution Act, 1867; Rule 14.05(3) of the Rules of Civil Procedure; the Statute of Anne, 9 Ann. c. 2 (1710); the Haldimand instruments of 1779–1796; ss. 41, 219, and 430 of the Criminal Code; Article 15 UDHR; Articles 1 and 26 UNDRIP; the Vienna Convention on the Law of Treaties, Art. 26; R. v. Desautel, 2021 SCC 17; and Restoule v. Canada (Attorney General), 2021 ONCA 779.
Part II — Relief Sought (Summary)
The full application will seek: (1) Writ of Mandamus compelling Crown and municipal authorities to enforce the Haldimand Proclamation; (2) Declaratory relief including s. 109 constitutional encumbrance, void ab initio Crown grants, and individual hereditary rights per Desautel; (3) Trustee de son tort personal liability for unauthorized officials; (4) Nullification of unauthorized transactions including the Arrowdale sale, Victoria School sale, and Panattoni 423-acre development approvals; (5) Constructive trust and forensic audit referencing the Schedule of Unjust Enrichment (G61, ~$2.96 trillion CAD); (6) Compensation for documented harms; (7) Criminal negligence reference under s. 219; (8) Administrative notice mechanism for Haldimand Tract parcels; (9) Two Row Times press sovereignty; (10) International arbitration before the Permanent Court of Arbitration; (11) Restitutio in integrum and costs.
Part III — Principal Grounds
(i) The Haldimand instruments of 1779–1796 are binding constitutional obligations on all organs of the Crown, not subject to derogation by provincial legislation, the Indian Act, or post-Confederation constitutional frameworks.
(ii) Section 109 of the Constitution Act, 1867 preserved the Mohawk Crown covenant interest at Confederation as an interest other than that of the Province in the Haldimand Tract lands (Ontario Mining Co. v. Seybold [1903] AC 73).
(iii) Crown grants purporting to convey Haldimand Tract lands free of the constitutionally preserved Mohawk interest are void ab initio by operation of s. 52 of the Constitution Act, 1982 (Reference re Manitoba Language Rights [1985] 1 SCR 721).
(iv) Officials exercising authority over Haldimand Tract lands without lawful mandate are trustees de son tort, personally liable for all breaches of trust (Air Canada v. M & L Travel Ltd., [1993] 3 SCR 787).
(v) Rights under the Haldimand instruments are individual hereditary interests flowing through descent from the named Mohawk villages of Canajoharie, Tikondarago, and Aughugo, not subject to collective Aboriginal rights tests (R. v. Desautel, 2021 SCC 17; Jackson v. Wilkes (Doe Dem) [1835] 4 U.C.R. (O.S.)).
(vi) Ontario’s land registration system has no mechanism to publicly notice the constitutionally preserved Mohawk Crown covenant interest, as acknowledged by the Director of Land Registry Services Branch. The current practice of private contractual First Nations Claims disclaimers in City of Brantford land transactions (following Kingspan Insulated Panels Ltd. v. Brantford (City), 2010 ONSC 4610) does not constitute public notice.
Cross-References
GZT001-260106-000001 G1 · Establishment of the Register
GZT001-260204-000009 G9 · Notice of the Haldimand Obligations
GZT001-260304-000018 G18 · Conflict of Laws Notice
GZT001-260106-000022 G22 · Land Registry — Establishment
GZT001-260211-000035 G35 · Representation to His Majesty King Charles III
GZT001-260313-000051 [now GZT001-261905-000051] G51 · Grand River Location Determination Rules
GZT001-050400-000061 [now GZT001-260609-000061] G61 · Schedule of Unjust Enrichment (~$2.96 trillion CAD)
GZT001-260311-000064 [now GZT001-260310-000064] G64 · Memorandum of Fact and Law
GZT001-260204-000065 G65 · Notice of Constitutional Encumbrance, s. 109
GZT001-260312-000066 G66 · Attorney General’s Demand to the Crown
Execution
This Application is entered in the Register at status 13 (Provisional). It will be executed and filed upon resolution of pre-filing considerations. Nothing in this provisional status diminishes or defers any constitutional right, claim, or interest of the Mohawk Nation of Grand River. All rights are expressly reserved.
Benjamin Doolittle UE · Secretary-General
Secretary-General
Date
Certification of the Registrar General
I certify that this instrument has been duly received, examined, and entered in the Register of the Nation of the Mohawk Nation of Grand River Secretariat.
Gazette No.: GZT001-260310-000063
Register Entry No.: REG001-020000-000063
Jesse Butler UE · Registrar General
Registrar General
Date of Registration
This instrument forms part of the permanent record of the Secretariat.
Mohawk Nation of Grand River · Grand River Territory
