The Tract, and What Is Left of It
Six miles each side of the Grand River, from its mouth to its source: set apart in 1784 for the Mohawks and their posterity, never surrendered by them.
The web edition of the poster · From Book IV of the National Books, Lands and the Tract · ISBN 978-1-0680559-0-4
The Tract, and the reserve inside it
The line six miles from each bank, graded by its evidence: A alongside a surveyed limit, B measured from the water, C through a reservoir, D interpreted. The Six Nations reserve in plum, with the part outside the line hatched; the towns as green dots, every one inside the line.
95 of every hundred acres the Crown claims, by sales and surrenders made in the class’s name; 5 are a reserve of Canada’s, held for the Six Nations; none is in the Mohawk Nation’s hands: even the two-tenths of an acre Peter Cook willed to the Mohawk, the Nation’s one holding in hand, the City sold. In right, all of them, still there, in green: the Crown’s covenant to a named class, never surrendered by it.
The villages they left
Canajoharie, Tikondarago and Aughgugo, on the Mohawk and the Susquehanna; burned, 1775 to 1779.
The chapel came with them: Queen Anne’s silver communion set and her Bible, given in 1712, went from Fort Hunter to the Grand River, where the chapel of 1785 is His Majesty’s Chapel of the Mohawks, a Royal Chapel. King Edward VII gave it the Royal Arms; the Canadian Heraldic Authority has since granted the chapel arms of its own, and they carry the royal crown, which is why it stands over the chapel here.
Where you stand
every one of them inside the line.
The acres, step by step
The posterity: unknown in number. The Crown never ascertained them on oath, as Simcoe’s Proclamation of 1796 provided, nor recorded them; the Register does, one line to a Loyalist ancestor at a time. Acreages are approximate.
The chain, 1784 to today: each sale and surrender, and why it fails
A family walks the chain. Tap a link for the Nation’s reading of it.
- 11784 · The Proclamation, 25 October COVENANTsix miles each side of the river, “which them and their posterity are to enjoy for ever”the covenant itself: to a named class, their posterity included
- 21793 · The Simcoe Patent NEVER ACCEPTEDa deed on Simcoe’s terms, restricting sale and lease; never accepted by the Grand River Mohawknever accepted by the Grand River Mohawk
- 31795–98 · Brant’s sales of the upper blocks NO SURRENDER BY THE CLASSDumfries, Waterloo, Woolwich, Nichol, Canborough and Moulton, confirmed by Russell in 1798: made in one man’s namemade in one man’s name; the class as a class gave none
- 41832–35 · The Navigation Company; the Plank Road A LEASE, NOT A SURRENDERthe Nation’s funds put into the Navigation Company by the Crown’s officers; the plank road leased, not surrenderedlost money is not a surrender; a lease is not a surrender
- 51841 · The “general surrender” PROTESTEDsigned by chiefs under pressure, protested at once by petition; the reserve consolidated south of the river by 1847a class that never surrendered cannot have surrendered
- 61850 · About 46,000 acres remain NOT THE TRACTa reserve under statute, held for the Six Nations, part of it outside the line: Canada’s reserve is not the TractCanada’s reserve does not decide the Crown’s covenant
- 71821–2026 · The Crown knew throughout KNOWN THROUGHOUTBathurst 1821; Oliver 1909, 1914; Churchill 1922; the Queen’s plaque 1984; Titles 2021; the Surveyor General 2024; ServiceOntario 2026a defect the Crown has known of is not cured by its own silence
- 81796 · 2026 · The oath, and what the Nation asks PERSISTSthe mark “ascertained” on oath before a magistrate; the Nation asks mandamus, the interest recorded, observance, and an accountingpersistence, not loss
Yielded to others, 1994 to 2026: the Schedule of Unjust Enrichment, Gazette No. 61
Where $2.96 trillion comes from, and what it could actually be
The eight layers, and what each rests on
| Layer | 1994 to 2026 | |
|---|---|---|
| 1 | Land value the City of Brantford’s own 1994 report put the whole Tract at $250 billion; a 6.25× rise in real property since (a Brantford four-bedroom house, $80,000 to $500,000); 90 per cent under the Nation’s claim, as the City’s report acknowledged | $1.41 trillion |
| 2 | Infrastructure built on the Tract highways and regional roads $35 bn; municipal roads, bridges and stormwater $28 bn; water and wastewater $18 bn; hospitals $12 bn; schools and campuses $8 bn; transit $6 bn; civic buildings $5 bn | $112 billion |
| 3 | Taxes taken property tax on about 300,000 properties $240 bn; provincial and federal income tax on about 800,000 taxpayers $243 bn; HST and GST $63 bn; corporate taxes $55 bn; land transfer tax $18 bn; development charges $12 bn; capital gains on property $22 bn | $654 billion |
| 4 | Licences, fees and extraction aggregate royalties $8.5 bn; water-taking permits $3.2 bn; quarrying and mining licences $4.8 bn; business licences $6.4 bn; liquor and gaming $3.1 bn; Crown leases and easements $2.6 bn; conservation fees $1.8 bn | $30 billion |
| 5 | Farms and agri-food crops on about 5,000 farms $19.2 bn; livestock $8.4 bn; dairy $6.2 bn; food manufacturing $24 bn; farmland rents $4.8 bn | $63 billion |
| 6 | Trade and industry manufacturing $185 bn; technology $78 bn; retail $112 bn; logistics $34 bn; construction and real estate $95 bn; finance $42 bn; tourism $8.5 bn | $554 billion |
| 7 | Patents and innovation patents $28 bn; start-up valuations and exits $45 bn; R&D credits $12 bn; research grants $8.4 bn; venture capital $6.8 bn; licensing $3.2 bn | $103 billion |
| 8 | Water and natural resources municipal water $14.2 bn; farm water $4.8 bn; hydro $2.1 bn; timber $1.6 bn; aggregate $7.4 bn; carbon and conservation credits $2.8 bn | $33 billion |
| Conservative aggregate City of Brantford report, 1994; Statistics Canada; the Grand River Conservation Authority’s watershed report, about one million people; Ontario’s agricultural profiles; Region of Waterloo indicators | $2.96 trillion |
The terms, drawn
Who is who
The Crown’s
Carleton, later Dorchester: the promise, 1775; the Mark of Honour, 1789
Haldimand: the Pledge, 1779; the Proclamation, 1784
Simcoe: the Patent, 1793; the oath, 1796
The Nation’s
Brant; Deserontyon: to the Grand River, and to the Bay of Quinte, 1784
The three villages’ Mohawks, and their posterity: the class, by either sex, anywhere
The cases
What the courts protected
Isaac v. Davey, 1977: the reserve’s governance
Chippewas of Sarnia, 2000: good-faith purchasers
City of Sherrill, 2005 (US): settled expectations
What supports the Nation
Mabo (No 2), 1992: interests survive the Crown’s sovereignty
The Oneida cases, 1974, 1985: no clean title without a surrender
Kingspan v. Brantford, 2010: the City’s own sale disclaims the claim: the defect named, never cured
Cowichan Tribes, 2025: registered titles defective beneath a prior interest
Six Nations v. Canada: the Haldimand claim, filed 1995; Phase 1 before Justice Parghi
What each did not decide
Isaac v. Davey: not the Crown’s covenant to a named class under section 109. Sarnia: not a duty to observe; it protected purchasers, and the Nation evicts no one. Sherrill: American law on settled expectations; the Nation seeks the record, not disruption.
The Nation does not seek to overturn private titles that do not conflict with the interest; it holds that registration cannot defeat it, and will not concede it.
The printed poster
Download the poster as printed, A3, full quality: the-tract.pdf