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After 30 long years, Six Nations of the Grand River’s land claim case against the Crown is finally being heard starting on Monday.
Filed in 1995, the case stands to be one of the biggest land claim cases in Canadian history with billions of dollars in estimated compensation for Six Nations.
The litigation aims to hold the Crown accountable for Six Nations’ loss of land along the 950,000 acre Haldimand Tract granted to Six Nations in 1784 for their loyalty to the British Crown during the American War of Independence.
The core of Six Nations’ case is that the Crown failed to properly set aside the lands, improperly sold them to settlers and mismanaged the funds from those sales.
Today, Six Nations of the Grand River consists of only 46,000 acres, a mere fraction of the original land grant.
Six Nations of the Grand River Elected Council (SNGREC) and its staff are leading the case as the core plaintiffs. The Haudenosaunee Development Institute had applied to be an intervenor in the case on behalf of the Haudenosaunee Confederacy Chiefs Council, but was denied.
Mississaugas of the Credit First Nation (MCFN) was granted the right to be a non-compensatory intervenor in the case, citing special interests in the lands in question along the Haldimand Tract, as well.
The court case is divided into two phases:
- The first phase is the liability phase. It will determine whether the Crown (the federal government and the province of Ontario) is legally liable for the 46 distinct land claims (separate accounting cases and particular parcels of land) brought forward. It will focus on the mismanagement of the lands and the sales of those lands.
- The second phase of the case focuses on compensation if liability is established. It will determine the monetary amount of damages owed to Six Nations.
The Crown has the right to appeal the ruling if they are found liable but only if a judge agrees there were procedural or legal errors made during the trial.
Toronto Judge Ira Parghi has been appointed to oversee the proceedings.
Other key figures in the litigation include:
- Six Nations Lands and Resources Director Lonny Bomberry is billed as Six Nations’ point person for the lawsuit
- Phil Monture, former director of the Six Nations land claims research office from 1975 to July 2002. He is the creator of Six Nations’ land claims book A Global Solution for the Six Nations of the Grand River, which details and outlines Six Nations’ land claims complete with maps and the history of each claim. He’s been at the forefront of the research for the litigation.
- There are about 12 lawyers representing the Crown, including lawyers from the Toronto firm McCarthy Tetrault.
- Blake, Cassell and Graydon and JFK Law are the firms representing Six Nations.
- Lawyers from the federal ministry of justice are also representing the Crown
- Pape Salter Teillet are representing Mississaugas of the Credit First Nation
Timeline of Six Nations’ land claim case:
There is no exact financial figure for the estimated monetary compensation for Six Nations. However, some sources have estimated the scope of compensation could range from $13.9 billion to $8.7 trillion.
SNGREC has not stated there will be a per capita distribution of funds if Six Nations is successful in the claim. Six Nations of the Grand River has roughly 29,400 enrolled members. If there were a per capita distribution instead of placing the money in a trust, that would amount to $472,000 per person if Six Nations received $13.9 billion in compensation.
The case could go until 2037 when factoring in appeals and determining the amount of compensation.
Ontario denies Six Nations is owed any financial relief and further states it is not a successor to the historical Crown and therefore not responsible for the actions of the “Imperial Crown.” The Crown was historically immune from any lawsuits in Canada.
SNGREC is offering a livestream of the proceedings for community members next week, from Oct. 5, 7, 8, and 9 at the GREAT theatre and Oct. 6 will be in the Grand River Room at Six Nations Polytechnic starting at 9 a.m. for all days.
Originally published in the Two Row Times, September 30, 2026 (Volume 14, Issue 7), page 3.