Six Miles Deep

Jus Soli Collision (Birth on Six Miles Deep)

Home » Lexicon » Jus Soli Collision (Birth on Six Miles Deep)

Jus soli (“right of the soil”) is the principle that a person’s citizenship is determined by the place of their birth. Canada is a jus soli country: with narrow exceptions (such as children of certain foreign diplomats), a child born on Canadian territory is a Canadian citizen at birth.

The Haldimand Proclamation introduces a disturbing twist. It sets apart the Grand River tract as a “safe and comfortable retreat” for the Mohawk Nation and their posterity, and for “such others… as wish to settle in their quarter,” to be enjoyed “forever.” In the Six Miles Deep reading, that language has an extraterritorial flavour: the Tract is not meant to function as ordinary provincial soil, but as a protected Mohawk refuge under the Crown’s protection.

This raises a sharp question: what does jus soli mean on land that was already granted as a perpetual refuge for another nation?

The “jus soli collision” describes this clash. On paper, a child born in Brantford or Caledonia today is a straightforward Canadian citizen. On the deeper constitutional plane, that birth takes place on land that was pledged as Mohawk territory “forever,” and that some argue is extraterritorial to provincial jurisdiction. At minimum, this creates a dual reality:

  • in Canadian administrative law: straightforward birthright citizenship,

  • in Haldimand’s own logic: a person born here is, in some sense, born inside a Mohawk refuge that Canada uses without ever having squared its obligations to Mohawk posterity.

The Six Miles Deep framework does not deny that Canada currently treats these people as citizens. Instead, it uses the jus soli collision to highlight a constitutional tension: Canada hands out citizenship on land whose foundational grant and promised jurisdiction it has never honestly accounted for. That unresolved tension is part of the leverage and part of the problem.

298 words

Sign up to the Newsletter!
Get the latest articles and news delivered to your mailbox.

Categories


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