The “Nanfan Treaty” – legal considerations

Part 3 – (Last updated on October 18, 2014)

Justice 1Is the “Nanfan Treaty” legally valid? Does the 1701 Conveyance of lands by the Native American Chiefs of the Five Nations constitute a valid treaty between the Crown and the Indians? Do the Haudenosaunee have a valid case to claim hunting rights in the Dundas Valley Conservation Area? Does the Hamilton Conservation Authority have the right to enter into relevant Protocol Agreements with the Haudenosaunee, based on alleged “treaty rights”? Were the Ontario learned justices in R. v. Ireland and Jamieson [1990] and R. v. Barberstock [2003] wrong? Is the Ontario government wrong?

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Posted in Deer Hunt, Dundas Valley, Dundas Valley Conservation Area, Government of Ontario, Hamilton, Hamilton Conservation Authority, Nanfan "Treaty", Ontario Courts, Wildlife | Tagged , , , , , ,

Blood Moon in Dundas Valley

Lunar Eclipse, October 8, 2014, around 5:30 a.m.:

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Picture taken from the hill near the main entrance to the DVCA at 650 Governor’s Road
(Photo: L. Biegalski)

Posted in Uncategorized

In Defence of Life – Standing Up Against The Lust for Culling Wildlife

By Lesley Docksey

Early in 2013 I thought I had reached a low point as I reacted to the way the animal-loving British elite happily slaughtered anything that got in its way. The most visible sign of its lust for ‘controlling’ wildlife by culling has been the project to kill badgers on the poor excuse that they are responsible for all the bovine TB in cattle. So the start of the second year of badger culling coinciding with Medway Council trying again to destroy a protected site where nightingales breed forced me to revisit the war we wage on nature.

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Posted in Conservation, Deer Hunt

No Treaty with Six Nations Shown on Map to be Used in All Ontario Schools: A Can of Worms Opened?

EnglishMapVisualBy: Deyoyonwatheh (DeYo)
Six Nations – Haldimand Tract – Beliefs versus Facts

Issues Concerning the Publication of a Map of Indian Land Treaties in Ontario: In “Turtle Island News” (TIN), May 14, 2014, p.4 is an article entitled, Feds Ontario treaty map released to schools ….. but no Six Nations. The content here concerns a map entitled, “First Nations and Treaties” which is to be used in schools across Ontario, and is based on information from the Federal Government’s Ministry of Aboriginal and Northern Affairs Canada (see here). Thus the document represents the distillation of what is in the Federal records relating to treaties signed by various First Nations peoples throughout the years (see here).

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Posted in Deer Hunt, Dundas Valley Conservation Area, Nanfan "Treaty" | Tagged , , ,

Hamilton Conservation Authority destroys Dundas Valley trails

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(Click on picture to enlarge)

In my letter to the editor, “Why the change to Dundas Valley trails?“, published in the Hamilton Spectator on May 28, 2014, I wrote:

Up until last year, the Hamilton Conservation Authority (HCA) was able to maintain a friendly and accessible character to Dundas Valley Conservation Area (DVCA) trails. They looked natural; they were easy to walk, run and bike on, even to push a baby stroller or a wheelchair. The water damage, frequently caused by rain and melting snow, was repaired in a timely manner, garbage was promptly removed, the area was clean and user friendly.

Since last fall, the HCA has been implementing a new idea — our beautiful and natural-looking trails are now being covered with large, coarse gravel and crushed rock, often the size of table tennis balls. The trails are beginning to look like rough farm lanes and the rare Carolinian forest like a construction site. The new surface is difficult to walk or run on, dangerous to bike on and impossible to access with a baby stroller or a wheelchair.

It destroys shoes and bike tires. It hurts the legs of dogs and other animals. It makes it impossible to remove the ever-increasing amount of horse manure. It looks plain ugly and creates a safety hazard.

A better solution is badly needed. It could be a layer of fine gravel or sand on top of the sharp and rolling rocks or a removal of the new surface and restoration of its natural state. For years, it was possible to maintain natural and accessible trails. Why is it not being done now?

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Posted in Dundas Valley Conservation Area, Hamilton Conservation Authority

Speaking with a forked tongue- historical record of the land between the Lakes

By: Tom Kennedy

Wikipedia describes “speaking with a forked tongue” as being of North American  Aboriginal origin. The term means that the truth is denied, promises not kept, and any  other fantasy that enriches the speaker allowed. The lands of what we call Ontario,  especially the Niagara Peninsula, is a good example.

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Posted in Deer Hunt

You cannot give a better title than the one you have

The Nanfan “Treaty” of 1701 Does NOT Give Six Nations People Special Hunting, Fishing and Consultation Rights in Ontario

By: Deyoyonwatheh (DeYo)
Six Nations – Haldimand Tract – Beliefs versus Facts

If one believes in the maxim that one cannot give away or sell that which does not belong to you, then the provisions of the treaty negotiated between Governor John Nanfan and the Six Nations in 1701 can have no validity – despite beliefs to the contrary.  The principle is enshrined in law under the term, Nemo dat quod non habetSee here for details.  This principle is derived from English Common Law and is expressed succinctly here.

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Posted in Nanfan "Treaty"

“Conveyance of lands by the Native American Chiefs of the Five Nations”

Part 2

nanfan_smallThe original “Nanfan Treaty” document, the “Conveyance of  lands by the Native American Chiefs of the Five Nations” – (The Albany Deed of 19 July  1701), is held at the National Archives in Kew, Surrey, England. The back (reverse) of this document has never been photographed, until yesterday. I have purchased official copies of both front and back of this document and I now, it seems, have the first official copy of the reverse of the original.

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Posted in Deer Hunt, Dundas Valley, Nanfan "Treaty" | Tagged , , , ,

Haudensaunee deer hunting in Dundas Valley – a “treaty right” or a fraud?

Part 1

“Nanfan Treaty” is a hoax. It is not a “treaty.” It is a fraudalent interpretation of historical facts and a legally invalid claim of “treaty rights.” Nanfan Treaty does not exist. Historically, the deed of land to the English King, made by the Five Nations’ sachems in Albany on 19 July 1701, was never intended, recognized or confirmed by the Crown as a valid treaty.

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Posted in Deer Hunt, Dundas, Dundas Valley, Dundas Valley Conservation Area, Hamilton, Hamilton Conservation Authority, Nanfan "Treaty", Wildlife | Tagged , , , , ,

Why we oppose the deer hunt in Dundas Valley Conservation Area

Introduction

There are many aspects of the annual Haudensaunee deer hunt in the Dundas Valley Conservation Area (DVCA) that need to be cleared of the smoke and mirrors that surround this highly controversial issue.

A-1-3

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Posted in Deer Hunt, Dundas Valley

Hunting in parks is at odds with conservation

David SuzukiThe following article by David Suzuki addresses a similar situation in the Kawartha Highlands Signature Site but it also directly relates to the deer hunting in Dundas Valley Conservation Area, Short Hills Provincial Park near St. Catherines, and other similar places proudly parading in public glory as “Conservation Areas”.

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Posted in Deer Hunt, Dundas Valley | Tagged , , , , ,

St. Catherines: Deer hunt foes crowd public meeting

by Jeff Bolichowski
St. Catherines Standard

Foes of a native deer hunt at Short Hills Provincial Park are still hoping to build traction against the coming event. Opponents of the November hunt, open only to Aboriginals, crowded an open house by the Ministry of Natural Resources Thursday, said area resident Robin Zavitz.

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We need a change at the Hamilton Conservation Authority

Hamilton Conservation Authority (HCA) is implementing a new approach to maintaining the trails in the Dundas Valley Conservation Area (DVCA). Our beautiful and naturally looking trails are now being covered with large, coarse gravel and crushed rock the size of table tennis balls. The trails are beginning to look like rough farm lanes and the rare Carolinian forest like a construction site.

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Posted in Dundas Valley

Effective solution desperately needed

As the old saying goes, “Shit happens.” But in Dundas Valley Conservation Area shit, literally, “happens” too often.

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Posted in Dundas Valley

Mountain biking in Dundas Valley

In addition to the KML and GPX files for Dundas Valley Trails and Dundas Valley Single Tracks, we have now posted KML and GPX files for the Dundas Valley Cocktail mountain biking routes.

  • A detailed description of the routes can be found on our DVCocktail Page.
  • The links to KML and GPX files are provided on our Downloads page.
  • The DVCocktail routes and elevation profiles can be viewed HERE.
  • Photo journal of the ‘Hot OUT’ route (22 km) can be viewed HERE – (map included)
  • Map of the ‘Extreme OUT’ route (34 km) can be viewed and downloaded from HERE.
  • Map of the ‘Cool OUT’ route (12.3 km) can be viewed and downloaded from HERE.
  • Photo journal of the ‘Extreme IN’ route (12 km) can be viewed HERE – (map included)

Disclaimer: Some of the trails and single tracks listed in this post are not officially “sanctioned” as cycling trails. However, they have been used by cyclists for decades. Use these trails at your own risk and, as always, use caution and judge the trails against your strength and your bike handling skills.

Posted in Dundas Valley