On this page
This page sets out, in plain words, the instruments on which the Nation stands and the law it has made for itself. It states the Nation's position; each instrument is published in full in the Gazette.
The founding instruments
| Year | Instrument | What it did |
|---|---|---|
| 1779 | The Haldimand Pledge | Promised some of the Mohawks of Canajoharie, Tikondarago and Aughgugo, who adhered to the Crown and lost their settlements for it, that they would be restored to the condition they were in before the war. |
| 1784 | The Haldimand Proclamation, 25 October | Set apart six miles on each side of the Grand River, from Lake Erie to its head, for the Mohawks and their posterity to enjoy for ever. |
| 1789 | The Dorchester Order in Council | Created the mark of honour "UE" so that the posterity of those who adhered to the unity of the Empire could be told from later settlers. |
| 1791 | The Land Board of Niagara minute, 24 December | Recorded the Crown's pledge to secure the Mohawks in the quiet possession of the lands set apart. |
| 1796 | The Simcoe Proclamation and Register | Provided for the posterity to be ascertained on oath and recorded, so the class the Pledge named could be identified. |
Every entry in the Gazette must name the instrument it rests on. These are the instruments; see the Crown Timeline and the Treaty and Instrument Library.
The constitutional position
The Nation holds that its interest is Crown-derived: a grant of the Crown preserved against the Province at Confederation by section 109 of the Constitution Act, 1867, as an interest other than that of the Province, and protected by section 52 of the Constitution Act, 1982, under which any law inconsistent with the Constitution is of no force or effect to the extent of the inconsistency. The Nation does not rest its position on section 35 or on the Indian Act, and it is not a band; the Grand River Mohawk never accepted the Simcoe Patent of 1793.
The Nation deals with the Crown directly, nation to Crown. It does not challenge the King as sovereign within Canadian society; the authority it exercises is within its own order and over the territory set apart for it. See G6 Declaration of Governing Authority, G7 Declaration of Territorial Jurisdiction, G8 Notice of the Covenant Relationship, G9 Notice of the Haldimand Obligations and G18 Conflict of Laws Notice.
The Register and how the Nation makes law
The Nation's law is made by entry in its Register and publication in its Gazette (G1 Establishment of the Register). An instrument has no effect until the Registrar General registers it; the Registrar General's certificate is conclusive evidence of the fact and date of registration; an instrument with an error on its face is sent back for correction before it is registered (G17 Rules of the Register).
- One code for everything. Every record carries one Record Code in the form FAMILY-YYMMDD-NNNNNN, issued once and never reused.
- Silence is a record. When an instrument is served and not answered within its period, the silence is declared and relied upon (G69 Rules of Engagement).
- The Offices. The Order of Offices (G2) and the attestations of the officers (G3–G5, G11–G15).
Who belongs
The class to whom the Pledge and the Proclamation were made is some of the Mohawks of the three villages and their posterity — now dispersed, most of them not band members — together with those received by the Nation's law of adoption. Belonging is decided under the Citizenship Determination Rules (G19), recorded in the Birth and Heritage Registry (G20) and the Membership and Lineage Registry (G21), and established by a Claim of Right (G42).
| Standing | Meaning |
|---|---|
| RST003 Valid Resident | Permanent; has published a Claim of Right; on the Manor Roll. |
| RST001 Valid Registered Temporary Resident | In the Territory for a time, registered with an expiry date. |
| RST002 Invalid Temporary Resident | Overstayed, or did not register. |
| RST004 Valid Foreign Alien | A foreign national with temporary residency and no Claim of Right. |
Land and the Tract
The Land Registry (G22) and the Trust Registry (G23) record the Nation's interest; whether a parcel lies within the Tract is determined under the Location Determination Rules (G51) — see Is this parcel in the Tract?. The Haldimand Accounting Instrument (G27) and the Schedule of Unjust Enrichment (G61) set out what the Nation holds is owed. The Nation does not seek to unsettle private titles that do not conflict with its interest; it gives notice of its interest so that no purchaser can say they were not told.
The programmes of the Nation
| Instrument | Programme |
|---|---|
| G42 | Birth and heritage registration |
| G43 | Driver insurance (GRNDIP) |
| G44 | Vehicle Registry (NVR) |
| G45 | Transportation and safety (MNTSI) |
| G46 | Driver's identification |
| G47 | Resident identification card |
| G48 | Environmental protection (MEPSI) |
| G49 | Housing (MNHI) |
| G51 | Location determination (MNLDR) |
| G52 | The Chapel of the Mohawks |
| G67 | Voluntary contributions |
| G71 | Post-mandamus programmes |
How the Nation deals with others
The Nation engages outside institutions under the seven Rules of Engagement (G69), has offered peace to the Crown (G72) and invited it to the pipe (G73), and keeps a record of all its external correspondence (G31). It does not speak for the Confederacy or for other Mohawk communities, each of which stands on its own footing.
Reading an instrument
Each Gazette entry shows its number, its code, its Register entry, its date and its status, followed by its text. The middle part of a Gazette code is not a date: it states the year of the series, the category of the Nation's administration and the class of instrument. Any code can be checked at Verify a record. The whole series is at the Gazette.
