What the record shows about title, consent, and the Crown’s long memory
As discussion continues over the proposed Riverwalk expansion and the lands around Erie Avenue and Birkett Lane, public attention has settled on a proposed $5.1 million community contribution. Beneath the numbers lies a documentary history that spans more than two centuries.
The interest arises from the Haldimand Proclamation of 1784. The Crown dedicated the Grand River Territory in perpetuity to Loyalist Mohawk posterity. The Doctrine of Dedication holds that Crown land once dedicated cannot be unilaterally diverted. A trustee who conveys the trust property while stepping around the trust breaches it.
No surrender of the Mohawk interest appears in the historical record. Meaningful consultation requires meaningful information. Meaningful consent requires meaningful disclosure. Brantford can grow, but approvals must be built on the whole truth of these lands.
