In the midst of the Bread and Cheese Day festivities, a brief yet consequential rendezvous unfolded beneath the iconic Two Row Times sign. Benjamin Doolittle, a zealous advocate for legal heritage and Indigenous rights, crossed paths with Brantford’s soon-to-be-former Chief of Police, Robert A. Davis.
With Chief Davis’s impending departure in just four weeks, the timing of their encounter was nothing short of serendipitous. In a conversation that lasted roughly 20 minutes, amidst the lively parade procession, Doolittle and Davis delved into the pressing issue of jurisdictional challenges within the Six Nations community and beyond.
Drawing on his legal acumen and unwavering commitment, Doolittle wasted no time in sharing details of his recent filing with the Ontario courts. He outlined his challenge to the status quo, urging for a more inclusive approach to jurisdictional matters. Doolittle emphasized the need for recognition of Mohawk right to exclusive use and enjoyment and the importance of upholding ancestral obligations in contemporary legal frameworks.
As the discussion deepened, Doolittle raised the topic of Chief Davis’s oath of office, questioning whether it encompassed obligations under the Haldimand Proclamation. He explained that his legal challenge asked the court to issue a mandate that would require officeholders, such as Davis, to observe the Haldimand Proclamation as a legal obligation and liability of their office. This, Doolittle argued, would ensure that the historic rights and treaties are respected and enforced by those in positions of authority.
Doolittle elaborated on the relevance of the lack of a clear mandate, explaining how this ambiguity has shifted the balance of risk entirely onto the Mohawk Nation. Without explicit recognition and enforcement of the Haldimand Proclamation, the Mohawk community faces significant risks of harm and encroachment on their soil. Doolittle emphasized that including the duty to mitigate harms and reduce encroachment on Mohawk land within the oath of office for public officials is crucial for protecting Indigenous rights and upholding historical treaties.
He also elucidated the significance of the Loyalist certificate and its role in establishing a tangible legal connection to treaties such as the Haldimand Proclamation. He explained how individuals, like Chief Davis, who possess such certificates, can demonstrate a higher level of certainty regarding their hereditary rights. By virtue of their Loyalist lineage, individuals are afforded a unique legal standing that allows them to activate the provisions of historic proclamations with greater confidence and legitimacy.
Furthermore, Doolittle highlighted how Chief Davis’s personal journey and his acquisition of the Loyalist certificate have positioned him as a rare expert on the matter. Through his lived experiences, Chief Davis has gained invaluable insights into the complexities of legal heritage and Indigenous rights, elevating his expertise beyond mere academic understanding.
Doolittle pointed out a critical gap in coverage. The premature assumption of jurisdiction by the government and courts not only grants innocent third-party status to encroachers but also allows insurance to provide unlawful access with protection. This effectively legitimizes encroachments, offering financial protection to those who unlawfully occupy Mohawk land. Such protections exacerbate land encroachment issues, undermining the Mohawk Nation’s sovereignty and increasing the risks faced by the community.
Doolittle emphasized that officeholders and canadians alike need to be fully competent and informed about these issues. As this is an ongoing matter, it is crucial that there be no delays in fully observing their obligations under the Haldimand Proclamation. Due process and careful consideration in all meetings and decision-making must recognize Mohawk rights as paramount. Proper recognition and enforcement of these duties are essential to protect the Mohawk Nation’s exclusive rights to their lands and ensure appropriate legal recourse against encroachments.
What was not discussed, but remains of paramount importance, is the role of police, mayors, and other officeholders as peace officers, a role that transcends provincial boundaries to the federal level. This broader jurisdiction should help push the issue to the appropriate levels of government. However, the current lack of accountability and clarity regarding the duty to observe the Haldimand Proclamation as a legal obligation poses significant challenges.
As the chance encounter drew to a close, Doolittle and Davis parted ways. Though brief, their interaction under the Two Row Times sign served as a potent reminder of the power of dialogue—a testament to the enduring quest for justice and the timeless pursuit of truth.
