Six Miles Deep

Burden of Proof

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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 it more likely than not that what is being alleged is true? In criminal cases, the standard is higher—proof beyond a reasonable doubt.

For Haldimand issues, the burden of proof question cuts both ways. States and municipalities assume jurisdiction and collect revenue on the Grand River, often without demonstrating how they lawfully acquired the underlying authority over land that was granted to be enjoyed by Mohawk posterity “forever.” At the same time, Mohawk Loyalist descendants are often told they must prove everything from scratch. A fair approach asks: who is asserting power, who is benefiting, and who should carry the heavier burden in explaining how that came to be?

140 words

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About Benjamin Doolittle U.E.

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

Six Miles Deep