Formal notice that Mohawk council protocols have not been observed in current proceedings. Three specific deficiencies identified.
The instrument
This Notice records formally that the customary council protocols of the Mohawk Nation of Grand River — confirmed by the Crown’s own record of their observance at every significant Crown-Mohawk council from the seventeenth century onward — have not been observed in the proceedings currently before the Secretariat.
Authority: the records of Sir William Johnson, Superintendent of Indian Affairs, document the three required clearings before council: (1) The clearing of the eyes — wiping tears so both parties can see clearly. (2) The clearing of the ears — opening the ears so both parties can hear what is actually being said. (3) The clearing of the throat — freeing the parties to speak honestly.
Three specific deficiencies in the current proceedings: (1) Eyes not cleared — the Director of Land Registry Services Branch confirmed the register has no mechanism for the Mohawk interest (Petoran, 1 April 2026); the court stated G65 and G66 “have nothing to do with what is happening here.” (2) Ears not opened — the Crown’s argument did not address s. 109; the court accepted it without requiring the Crown to meet the constitutional standard. (3) Throat not cleared — the Nation’s constitutional position has been told it has nothing to do with this proceeding.
This Notice does not ask any court to perform a ceremony. It places on the permanent record that the Crown has not met the standard its own Superintendent of Indian Affairs documented as required, and that this deficiency is noted for any appeal.
