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Mohawk Nation of Grand River

Outside the Act

The Indian Act counts Indians. The Crown’s grant named the class. They are not the same people, and not the same land.

The Indian Actan “Indian” under the statute?The Registerof the posterity of the class?the Act counts people in and outthe line to the three villages stays

Two registers. On the left the Act’s people, one of them flickering in and out of status as the rules change; on the right the Register’s, one waving in gold.

Three roads from 1779

Press next to walk the roads stage by stage, or play to see them all; tap anything on the drawing to read about it below. Everyone starts in gold; those who take a Crown deed turn red. One among the red is of the posterity too. Diamonds are surrenders; empty rings are surrenders never made. At the end, an open lock or a closed one.

CanajoharieTikondaragoAughgugo1779the Pledge1784the grantto the Bay of Quinteto the Grand1791faith pledged1791faith pledged1793 deedTreaty No. 3½1793 PatentTreaty No. 4the Six Nations take the PatentTreaty No. 4, signed by the Crown alonethe Mohawk class refuses it17981841sinceno surrender, evera band under the Actdomestic · publics. 88: provincial law indomestic · public, a reserves. 52: locked, the land keptnation to Crown · the class’s own

Six generations, lost and kept

One line of women, mother to daughter, left to right. Tap a generation: above, what the Act did; below, the Register, unchanged.

1876UE1900sUE1930sUE1985UE2000sUETodayUEthe Actthe Register

Tap a generation.

Three ends, compared

Tap any cell for why, and what you need to know to read it.

Bay of QuinteSix NationsThe class
Holds ita band, collectivelya band, collectivelynamed persons and their posterity
The right rests onAboriginal and treaty rights, s. 35: occupation and the 1793 deedAboriginal and treaty rights, s. 35: occupation, the 1784 grant read through the 1793 Patenta Crown-derived grant, the Proclamation of 1784: not an Aboriginal right, though held by Indigenous people
How the land camegranted by the Crown on land it had purchased, then set apart as a reservegranted, then largely ceded: given up to the Crown by surrenderacquired by deed of gift, and never ceded: nothing given up, ever
UNDRIP, art. 26lands “traditionally owned, occupied or otherwise used”, through s. 35 and the federal Act of 2021the same, with claims for lands taken (art. 28)lands “otherwise acquired” (art. 26(1)), the right to own and control them (26(2)), and their legal recognition (26(3))
InstrumentSimcoe Deed, 1793, Treaty No. 3½: acceptedSimcoe Patent, 1793, Treaty No. 4: taken upHaldimand Proclamation, 1784: the Patent refused
Titlein the Crown, for the bandin the Crown, for the bandthe class’s, by deed of gift
In lawa reserve under the Indian Acta reserve under the Indian Act (Isaac v. Davey)acquired territory: s. 109, “any Interest other than that of the Province”
Can it be given up?yes: surrender or designation by a band vote (Indian Act, ss. 37–39)yes, and it has been: 1798, 1841, and sinceno: only the whole class could, and its posterity runs to the unborn
Provincial lawreaches in through s. 88reaches in through s. 88held off by s. 52; s. 88 does not apply
Claims roads. 35: consult, justify, settles. 35 and specific claims: the Tribunal awards money, not landobservance and recording: a duty to obey
The lockopenopenclosed

Acquired, not ceded. Ceded land has been given up to the Crown, by treaty or surrender. Acquired land has been received, here by the Crown’s deed of gift. The class’s land was acquired in 1784 and has never been ceded. Its people are Indigenous, with ties of blood and history to the land and the other peoples of the Grand; but the interest itself rests on the Crown’s grant, not on Aboriginal title, which is why s. 35 is not its road and art. 26’s “otherwise acquired” is its place in the Declaration.

Learning sheets

Four sheets on this poster, one for each age, free to copy for teaching, in English and French. Each can also be filled in online from the poster’s page and sent to a teacher.

If you hold status too

Your statusUnchanged: the Register does not touch the Indian Register.
Your band membershipUnchanged.
Section 87Follows your status, not your Register entry.
Your place in the classRecorded, with your Record Code, and your descendants’ lines can join it.

In eight lines

The printed poster

Download the poster as printed, A3, full quality: outside-the-act.pdf