MOHAWK+GRAND RIVER

Gazette No. 6 — Declaration of Governing Authority

Be it known and placed on record: That the governing authority of the Mohawk Nation of Grand River Secretariat is derived from the Haldimand Proclamation of 25 October 1784 as the foundational constitutional instrument of the Mohawk Nation’s territorial rights and is preserved and operative at the present date.

I. The Source of Authority

The Secretariat derives its governing authority from four constitutional instruments:

1. The Haldimand Pledge, 25 May 1779 — the Crown’s promise to the Mohawk chiefs: in exchange for military service and the sacrifice of the Mohawk homeland in the Mohawk Valley, the Crown would provide equivalent lands in its remaining territory. This pledge was made by Governor General Sir Frederick Haldimand.
2. The Haldimand Proclamation, 25 October 1784 — the fulfilment of the pledge. The proclamation set apart the Grand River corridor, six miles on each side from its mouth to its source, for the Mohawk Nation and their posterity forever. This is the operative constitutional grant.
3. The Dorchester Order-in-Council, 9 November 1789 — the designation of Mohawk Loyalists as United Empire Loyalists, establishing the Mark of Honour and the heritage registry.
4. The Legislative Council Report, 1791 — confirming that “the faith of government is pledged to the Mohawk chiefs.” This is the Crown’s own statement, in its own legislative record, of the binding character of the Haldimand covenant.

II. What the Secretariat Is Not

The Secretariat is not an Indian Act body. It does not derive its authority from the Indian Act or any provision thereof. It does not represent the Six Nations of the Grand River Band Council, the Haudenosaunee Confederacy Council, or any other entity. It represents the specific interests of the Haldimand Beneficiary Class — the Mohawk posterity named in the Haldimand Proclamation of 1784.

III. The Continuing Operative Force of the Proclamation

The Haldimand Proclamation was not repealed. It was not surrendered. It was not superseded by Confederation, the Indian Act, or any subsequent domestic legislation. Section 109 of the Constitution Act, 1867 preserved all prior interests other than the provincial interest in lands transferred to the provinces at Confederation. Ontario Mining Co. v. Seybold [1903] AC 73 (JCPC) applies this section to confirm that the Haldimand interest was preserved, not extinguished, at Confederation.