Six Miles Deep

Canada (Attorney General) v. McArthur

Home » Case Law » Canada (Attorney General) v. McArthur

  1. Case Title & Citation
    Canada (Attorney General) v. McArthur, [1993] 2 F.C. 63 (FCA).

  2. Decision Summary (Neutral Overview)
    This case concerned an application for mandamus, asking the Federal Court to compel government action. The Federal Court of Appeal clarified when a court should issue mandamus to force a public authority to perform a legal duty.

The Court held that mandamus requires:

  • A clear public duty to act.

  • The duty owed to the applicant.

  • A prior demand for performance and a refusal or unreasonable delay.

  • No other adequate remedy.

  • Practical utility in granting the order.

On the facts, McArthur did not meet all criteria, so mandamus was not granted, but the decision became a leading statement of the test.

  1. Historical & Legal Context
    Mandamus is an ancient prerogative remedy used to compel public officials to carry out non-discretionary duties. Canadian courts in the late 20th century refined its modern criteria in administrative and immigration contexts.

  2. Key Legal Principles Identified in the Case

  • Mandamus is available where: duty + request + refusal + no other remedy + real utility.

  • Courts can intervene to force public bodies to act where they are unlawfully failing to perform a clear duty.

  1. Implications for Haldimand, Loyalist, and Mohawk Questions

  • McArthur supplies the procedural backbone for your Application for Writ of Mandamus.

  • It supports the argument that:

    • Canada and Ontario have clear duties rooted in Haldimand, Dorchester, Simcoe, and the 1791 confirmation;

    • Mohawk Loyalist posterity has demanded performance (recognition, registry, jurisdictional clarity);

    • Governments have refused or stalled;

    • No ordinary remedy exists; and

    • A court order would have real utility.

  1. Points of Interest to Mohawk of Grand River Posterity

  • McArthur shows that courts are not helpless when governments “ghost” their obligations.

  • It sets out a checklist that Mohawk petitioners can specifically tailor: identify the duty, document the demand and refusal, and argue the absence of alternative remedies.

  1. Unresolved Questions / Future Research Directions

  • How will courts treat constitutional duties (Haldimand, Dorchester, Simcoe) alongside statutory duties in a mandamus application?

  • Can mandamus be used not just to compel a single act (e.g., issuing a document) but to require a process (e.g., creating hereditary registries, halting unauthorized taxation)?

  1. Sources

  • Canada (AG) v. McArthur, [1993] 2 F.C. 63 (FCA).

  • Secondary commentary on mandamus in Canadian administrative law.

362 words

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“Ignorance may explain how we got here. It doesn’t erase the duty once people are put on notice.”

B. Doolittle UE

Categories

About Benjamin Doolittle U.E.

Benjamin Doolittle UE is a Lower Mohawk of Grand River and a direct descendant of the Mohawk Loyalist leadership that secured the Haldimand Tract. In his capacity as Secretary-General for the Mohawk Nation of Grand River, he works to uphold the hereditary rights and responsibilities carried by his line. Through his matrilineal line, he descends from Esther Springstead (Shatekariwate), a clanmother married to Captain David Hill, U.E.L.

Matrilineal line: Tracey → Beverly → Mabel → Bertha → Lydia → Esther → Ellen (daughter of Isaac Brant) → Mary → Esther Springstead (Shatekariwate)

This makes Benjamin a sixth-great-grandson of Joseph Brant U.E.L. (Thayendanegea) and Isaac Brant of Canajoharie, one of the three named Mohawk villages carried into the Grand River settlement. Band Council has certified that he holds 100% Mohawk blood quantum under their rolls, reflecting both his hereditary standing and his rootedness in the community.

In his role as Secretary-General, Benjamin’s work with Six Miles Deep focuses on recovering and enforcing the original Crown-recognized framework for Mohawk title along the Grand River — not as a generic “aboriginal rights” claim, but as a specific hereditary interest grounded in Loyalist service, the Haldimand Proclamation, and the subsequent Crown instruments that confirmed it.

Beyond Six Miles Deep, Benjamin has founded and developed several initiatives to strengthen Mohawk continuity and stewardship, including Grand Back, the Bluebelt conservation concept, Mohawk University, and the Kanien’kehà:ka Language Development Institute. Together, these projects aim to restore land-based governance, protect the Grand River watershed, and support language and cultural renewal for Mohawk posterity.

Earlier in his career, Benjamin operated a community photo studio for several years, specializing in weddings, newborn, and family portraits across the Grand River region. He later helped launch the Indigenous newspaper Two Row Times, supporting its development as a platform for Onkwehonwe voices and treaty-based perspectives.

Benjamin is also an independent music producer, releasing work under the name One Way Current, published by Corn Press Publications. Through his music and writing, he explores Mohawk history, land, and spiritual continuity in contemporary forms that speak to both youth and elders.

He is a member of the United Empire Loyalist Association of Canada, the Royal Heraldry Society of Canada, and the Monarchist League of Canada. These associations reflect his conviction that Crown honour, hereditary recognition, and proper heraldic and historical process are essential to resolving the long-ignored duties owed to Mohawk posterity on the Grand River.

Benjamin maintains an active working relationship with ministers, local officials, and church representatives, regularly greeting dignitaries and visitors at the Mohawk Chapel and using those encounters to remind them of the Crown’s ongoing duties to the Mohawk Nation of Grand River.

Benjamin is also a survivor of the Indian Day School system, an experience that informs his understanding of how imposed systems of education, identity, and governance have tried to overwrite Mohawk continuity while leaving the underlying treaties and Crown obligations intact. His lived experience sits alongside his archival research, legal studies, and community work, grounding Six Miles Deep in both documentation and reality on the ground.

Through Six Miles Deep and related projects, Benjamin works to:

re-establish lawful recognition of Mohawk hereditary rights along the Haldimand Tract clarify the distinction between band-council trust structures and the underlying Mohawk title educate institutions, governments, and the broader public about the continuing force of Crown promises to the Mohawk Nation of Grand River

His goal is not simply to revisit history, but to restore living jurisdiction, stewardship, and continuity for Mohawk posterity, “six miles deep” on both sides of the Grand River, in a way that honours both the ancestors who secured the land and the children who will inherit it.

listen to BLOODLINE

“Bloodline” follows the Haldimand Proclamation from its original promise to the present fight to have it honoured. The track moves through Crown grants, broken commitments, and the legal and political road back to enforcement, asking listeners to hear the Proclamation not as a relic of the past, but as a living obligation that still binds the Crown to the Mohawk Nation of Grand River.

Artist: One Way Current
Writer: Benjamin Doolittle UE
Producer: One Way Current
Publisher: Corn Press Publications
Affiliation: Six Miles Deep / Mohawk Nation of Grand River

WHITE PAPER

CROWN PLUS

Crown Plus is an initiative of the Mohawk University, dedicated to restoring truth, lawful continuity, and honour in the interpretation and application of the Haldimand Proclamation of 1784 — the foundational covenant between the Mohawk Nation and the British Crown.

This paper is divided into three parts, each exploring a distinct dimension of the Haldimand covenant: its legal origins, its modern violations, and the path toward lawful restoration. Together, they form the living record of a truth that has been long buried beneath colonial misinterpretation.Crown Plus stands for the principle that the Mohawk Nation is not a subject of the Crown, but a co-sovereign pillar upon which the Canadian state itself rests.

The phrase “Crown Plus” reclaims the language of Canada’s political history — a response to the White Paper (1969) and Red Paper (1970) — and reframes it in the Mohawk context. Where others spoke of “citizens plus,” we assert “Crown Plus”: the indivisible bond of alliance, honour, and hereditary right between the Mohawk and the Crown.

Part I — The Legal Foundations and Historical Continuity

Explores the origins of the Haldimand Proclamation, the Dorchester correction, the Mohawk–Crown alliance since Queen Anne, and the constitutional distinctiveness of the Mohawk Loyalist posterity.

Read Part I

Part II — Modern Violations, Fiduciary Duties, and Institutional Responsibility

Documents the breach of fiduciary duty by Crown agents, the propagation of false land acknowledgements, and the complicity of academic, corporate, and judicial institutions in sustaining unlawful occupation.

Read Part II

Part III — Framework for Restoration, Recommendations, and the Path Forward

Outlines a ten-year restoration plan, proposes the Mohawk Posterity Registry and Royal Commission of Continuity, and reaffirms the spiritual and legal covenant through the Crown Plus Initiative.

Read Part III