Six Miles Deep

Estoppel (Promissory & Proprietary)

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Estoppel is a set of doctrines that stop a person or institution from denying a representation they previously made when others have relied on it. In promissory estoppel, a party who made a promise that another relied on cannot simply walk away from it without consequence. In proprietary estoppel, assurances about land or property can give rise to enforceable rights when someone has relied on those assurances to their detriment.

Applied to Haldimand, estoppel arguments say: the Crown promised a safe and comfortable retreat, land to be enjoyed by posterity forever, and a mark of honour for Loyalist families. Communities and families relied on those assurances, often at great cost. It is not open to the same Crown, in law or equity, to treat the land as if it were unburdened ordinary provincial property, or to behave as though those promises were just stories. Estoppel helps translate moral commitments into legal consequences.

152 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