MOHAWK+GRAND RIVER

Gazette No. 18 — Conflict of Laws Notice

Be it known and placed on record: That in any case of conflict between Mohawk national law and provincial regulatory frameworks within the Mohawk Acquired Territory, Mohawk national law as established by the Haldimand Proclamation of 1784 and preserved by section 109 of the Constitution Act, 1867 takes precedence.

I. The Conflict of Laws Principle

The Province of Ontario received the Grand River corridor at Confederation subject to the prior Haldimand Proclamation interest. The Province therefore cannot, through provincial legislation, extinguish or displace an interest that predated its own existence. This is the straightforward application of the nemo dat quod non habet principle.

II. The Applicable Framework

The applicable framework for all Crown proceedings within the Mohawk Acquired Territory is: the Haldimand Proclamation (1784); section 109 of the Constitution Act, 1867 (preservation of prior interests); section 52(1) of the Constitution Act, 1982 (void ab initio effect); the Doctrine of Dedication; and the nemo dat principle. Provincial frameworks, including the Highway Traffic Act, the Land Titles Act, the Planning Act, and the Municipal Act, operate within the corridor subject to and not in displacement of this constitutional framework.

III. Domestic Regulatory Challenge

The prosecution of the Secretary-General in Matter No. BR26001881 under the Highway Traffic Act is a direct test of this conflict of laws. The Secretary-General maintains that the Highway Traffic Act does not apply within the Mohawk Acquired Territory without first addressing the Haldimand encumbrance, and that the Court lacks jurisdiction to proceed without resolving the five constitutional questions raised in the Secretary-General’s filed instruments.