Abuse of Process
Use of legal procedures for an improper purpose, or in a way that undermines fairness. In the Haldimand setting this can include minor charges or enforcement actions being used to […]
The Six Miles Deep Lexicon is the key to reading our work on the Haldimand Tract, Mohawk Loyalist posterity, and the Crown Honour Superfecta. This is not a generic legal glossary. It gathers the specific words, phrases, and concepts that keep showing up in the Haldimand story: everything from “posterity forever” and “ascertain upon oath” to band councils, fiduciary duty, and structural pretendianism. Each entry is written in plain language so readers, researchers, and community members can follow the arguments without having to be lawyers or historians. The goal is simple: when a term appears in our articles, court materials, or community documents, this lexicon gives it a clear, consistent meaning rooted in the original documents and living Mohawk law. As new research and cases emerge, this lexicon will grow. Treat it as a living reference for anyone trying to navigate the overlapping worlds of Crown honour, Mohawk nationhood, and the law along the Grand River.
Use of legal procedures for an improper purpose, or in a way that undermines fairness. In the Haldimand setting this can include minor charges or enforcement actions being used to […]
Ascertain upon oath is the phrase used in the 1796 Simcoe Proclamation for how Loyalist status was meant to be proven before magistrates. Instead of casual recognition or political favour, […]
A band council is an elected governing body created under the federal Indian Act to administer recognized “bands” on reserves. Its powers come from federal legislation and regulations, not from […]
“Band council as trust administrator” describes the limited role Indian Act band councils really have in relation to Haldimand-type obligations. Band councils manage programs, funding, and reserves set up under […]
The band election system is the mechanism in the Indian Act and its regulations that sets out how chiefs and councillors are chosen—usually every two or four years—by secret ballot. […]
Band membership vs. posterity highlights a deep mismatch between Indian Act categories and older Crown and Mohawk concepts. Band membership is an administrative status: a person’s name appears (or doesn’t) […]
Legal title is the name on the deed or land registry. Beneficial ownership is who the property is truly meant to benefit—the person or group whose interests the legal title-holder […]
The Boundary Waters Treaty gap refers to what was left out when Canada and the United States built international water-management regimes, commissions, and legal frameworks that dealt with rivers and […]
Broader harm to the rule of law is the damage done to public trust and legal culture when governments ignore binding instruments like the Haldimand Proclamation. The rule of law […]
The burden of proof is the legal responsibility to establish the facts that support a claim or defence. In civil cases, the standard is usually the “balance of probabilities”: is […]
“By either sex” is Dorchester’s key phrase in the note attached to the U.E. mark of honour: U.E. status belongs to Loyalists “and all their children and their descendants by […]
Canadian legitimacy (Haldimand) is the idea that Canada’s authority on the Grand River is not just a matter of maps and enforcement; it is tied to whether the Crown honours […]
A cause of action is the legal label that describes why a court should intervene: breach of fiduciary duty, unjust enrichment, breach of constitutional obligation, misfeasance in public office, and […]
Citizenship cloud is a term for the uncertainty that arises when birth, jurisdiction, and territory do not line up neatly. It draws on stories (and myths) about royal births in […]
A clan mother (Yakoiats) is a central figure in Haudenosaunee law and governance. She holds authority over clan membership, the naming of individuals, and often the selection and, when necessary, […]
A class action or representative proceeding allows one or a few plaintiffs to speak on behalf of a larger group that shares similar claims. Rather than hundreds or thousands of […]
“Colour of title” is when someone has a document that looks like it gives them ownership, but the underlying source is flawed. The paper appears valid, yet there is a […]
Consultation and consent are often presented as two ends of a spectrum. Under Canadian law, the duty to consult requires governments to notify Indigenous peoples of proposed decisions that may […]
Constitutional supremacy is the principle that the constitution sits above all ordinary laws, policies, and administrative conveniences. If there is a conflict between a statute, a municipal by-law, a band […]
Constitutional supremacy means that the Constitution is the highest law in Canada, and any law or action inconsistent with it is of no force or effect to that extent. This […]
Constructive expropriation happens when government action so limits or undermines an owner’s use and enjoyment of land that, in substance, the land has been taken—even if no formal expropriation process […]
A constructive trust is an equitable remedy used when one party is holding property or benefits that, in fairness, belong to someone else. No formal trust document is needed; the […]
Continuity of the Crown is the doctrine that the Crown never dies. Individual monarchs come and go, but the Crown as an institution persists. This is why courts speak of […]
The Core Four documents—Haldimand Pledge (1779), Haldimand Proclamation (1784), Dorchester’s Mark of Honour minute (1789), and the Simcoe Proclamation (1796)—function as a single Crown system when read together. The Pledge […]