Archived - Canada’s Response to Haudenosaunee Six Nations Counteroffer

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In December 2007, Canada made a $26 million offer to Haudenosaunee Six Nations (HSN) on the Welland Canal Flooding Claim. On August 29, 2008, the federal government received a formal counteroffer from HSN regarding the Welland Canal Flooding Claim for $500 million. Canada had hoped that the HSN response to Canada's offer would have been more favourable.

Towards an improved relationship

Canada maintains that the original offer of $26 million to settle this claim was fair. The counteroffer from HSN demonstrates that we have different views with respect to the resolution of this claim. Despite these differences, we will continue to work with the HSN to try to find a negotiated solution.

Many people in the community are affected by the lack of progress on settling these claims. The federal government remains committed to resolving Haudenosaunee Six Nations' claims at the Lands Resolution Side Table, rather than through the courts. The federal negotiating team will continue to work with Six Nations and Ontario to discuss Canada's response to the offer and the future of the negotiation process. All parties need to refocus efforts and continue to work to find common ground on these complex issues.

Background on the Welland Canal Flooding Claim

There are certain basic facts that are part of the historical record regarding the flooding of Six Nations lands during the construction of the Welland Canal.

In 1829, as part of the construction of the Welland Canal, a dam was built across the Grand River, which resulted in the flooding of certain Six Nation lands. In addition, a federal Act incorporating the Welland Canal Company required that the Company would provide compensation for damages sustained as a result of the construction of the Canal and that Indians who sustained damages would be compensated in the same manner as non-Indians.

Over a period of approximately 120 years, Six Nations representatives complained about the damage caused by the flooding and sought to obtain compensation. In 1949, the Six Nations sought compensation in a case called Miller v. The King, but the petition was dismissed by the Court.

There is no evidence that compensation has, to this day, been paid to the Six Nations of the Grand River for the value of the flooded lands.

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