Six Nations’ long-awaited land claim case against the Crown could drag out until 2037 according to the Ministry of Crown-Indigenous Relations and Northern Affairs Canada.
With the estimated length of the trial being five years and the potential for appeals, the case could drag out for over 10 years.
The amount of money that could be owed to Six Nations will also make it the largest land claim case in Canadian history, if it is settled.
According to Six Nations’ estimates, the value of the land claim could amount to anywhere from $13.9 billion to $8.7 trillion.
The trial is expected to begin on Oct. 5 this year.
Six Nations’ litigation comprises 46 unique claims centred on 950,000 acres of land along the Grand River (including Waterloo, Brantford, Caledonia) granted by the British to the Mohawks “and their allies” by the 1793 Haldimand Proclamation.
Six Nations says the Haldimand Proclamation is a Section 35 Treaty that created a reserve and imposed related Crown duties, and that over the span of 150 years, the Crown improperly sold the lands and mismanaged the proceeds.
Even at the absolute lowest end of the estimated financial compensation it would still be the largest land claim settlement in Canadian history. The largest previous land claim settlement in Canadian history was to the Siksika Nation, totaling $1.3 billion.
Six Nations’ land claim case is divided into two main phases: phase one will determine Crown liability for the 46 claims, and phase two will determine damages arising from that liability, as well as cross claims (between Canada and Ontario).
The federal government says where claims of this kind have merit, Canada resolves them financially and not through dispossession of any third-party property rights.
The Six Nations people today live on only five percent of the original Haldimand grant or roughly 48,000 acres.
Phase one is scheduled to begin Oct. 5 and is expected to last up to five years. Phase two would follow. Appeals to the Supreme Court of Canada are possible.
Mississaugas of the Credit First Nation is an intervenor in the case and said it doesn’t expect a portion of any settlement.
MCFN’s position is set out in its statement of defence: “MCFN supports Six Nations of the Grand River in its effort to hold the Crown accountable for its mismanagement and abuses relating to the lands allocated to Six Nations of the Grand River under the Haldimand Proclamation and related assets. As an intervenor, MCFN participates in this action on a targeted basis as a steward of its history, its rights, and its traditional territory, all of which this litigation engages. MCFN seeks to ensure these topics are accurately, holistically, and respectfully portrayed and in MCFN’s own words. MCFN does not seek compensation for itself and does not intervene to prevent the Crown from fulfilling its obligations to Six Nations of the Grand River.”
There are two main defendants in the case: the Attorney General of Canada, on behalf of the Government of Canada, and the King in Right of Ontario, on behalf of the Government of Ontario.
But as the beginning of the trial draws near, there are competing voices in the community, namely, the Six Nations of the Grand River Elected Council, the Haudenosaunee Confederacy Chiefs Council, and the Mohawk Workers.
Elected Council has put a call out for the creation of a community-led ad-hoc committee to plan for the upcoming litigation and its results.
As for the trial, it will be overseen by one judge. Justice Ira Parghi has been appointed to preside over the case.
Parghi, a Toronto lawyer, was appointed to the Superior Court of Justice of Ontario in 2024 by the Attorney General of Canada and Department of Justice, replacing Justice C.A. Gilmore.
Parghi is the daughter of East Indian immigrants who was born and raised in Kamloops, B.C. She holds a B.A. in public policy from Stanford University, a Bachelor of Laws from the University of Toronto and Masters of Public Policy from Harvard. She was admitted to the bars of Ontario, New York and California.
Her private practice focused on litigation and digital health, tort law, health regulatory law and privacy and information law. Her biography describes her as an experienced adjudicator and has served on numerous boards throughout Toronto.
There is no jury in land claim cases. In Canadian land claim cases, one judge presides and makes the decision. Appeals, however, can be heard by three judges. Those judges would review the case and check for legal mistakes. In the Supreme Court, the case would be heard by nine judges.
Elected Council is holding a meeting on Aug. 11 at the community hall with its legal team from Blake, Cassels and Graydon to answer questions regarding the litigation.
