← The Poster WallAbout this poster · The printed poster (PDF)
Mohawk Nation of Grand River

Acquired Territory

The Haldimand Tract as a deed of gift: acquired, not ancestral; individual, not collective; never surrendered.

Dundalk Fergus Kitchener Cambridge Brantford Ohsweken Caledonia Dunnville Port Maitland BY HIS EXCELLENCYFREDERICK HALDIMANDQuebec, 25 October 1784

The deed of gift unrolls over the Nation’s own map of the Tract: the Crown’s word, enjoyment. Tap it to roll it up again; tap each of the four words below to tell them apart.

Four words decide whose land it is

Tap a word to learn it: who acts, which way the land moves, what proves it, what undoes it.

Two questions, facing opposite ways

Occupation askswhat did the people do before the Crown came? It looks back, to the Crown’s assertion of sovereignty.
Enjoyment askswhat did the Crown promise, and to whom? It looks forward, from 1784, for ever.
Soa court could find a people never held land exclusively and still be bound by the Crown’s promise.

Which word you choose decides the road

The road of occupations. 35; prove the past; a duty to consult; negotiate as a band; justified infringement; it ends in compensation
The road of enjoyments. 109; the four instruments; descent on oath; a duty to obey: observe, and record; mandamus; it ends in the land kept
Why not consultconsultation would concede the claim is unproven; the Crown owes observance, a duty imposed by law
If the duty failsan official who fails it commits, as the Nation holds, a breach of trust: an offence under the Criminal Code, s. 122

Over, not instead of

Aboveroads, parks and titles laid down by the province, the towns and others
Beneaththe Tract, acquired by the class in 1784 by deed of gift
Given up by the classnone: no surrender, no dedication
Ontariotook its lands in 1867 subject to it, under s. 109: a latent defect in every title above

At a glance

The bookAcquired Territory, about 105,000 words, companion to the mandamus affidavit
The Tractabout 950,000 acres, measured six miles from each bank, mouth to source
The classsome of the Mohawks of three named villages, and their posterity
Their landby deed of gift, 25 October 1784
Its titlenever surrendered by the class; no diminution
Ontariotook its lands in 1867 subject to it, under s. 109
Onlineacquiredterritory.com

Where to read it

The book Acquired Territory sets out the whole argument: its timeline, its dramatis personae, its grounds one by one, and a schedule of unjust enrichment. Online, at acquiredterritory.com. This page states the Nation’s position.

In eight lines

The printed poster

Download the poster as printed, A3, full quality: acquired-territory.pdf