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In July of 1787, Lord Dorchester instructed John Collins to assist Sir John Johnson in the purchase of lands from the Mississauga Nation. On September 23, 1787, Sir John Johnson, on behalf of His Majesty, met with the Principal Chiefs of the Mississuga Nation at the Toronto Carrying Place (head of the Bay of Quinte). The subsequent treaty which followed this meeting was to later be termed the "Toronto Purchase". The Mississauga Nation had purportedly surrendered the lands north of Lake Ontario. The following summer a surveyor found discrepancies in the survey tract and the Mississauga Chiefs' understanding of the tract. These discrepancies lead to a 1792 investigation by Lieutenant Governor Simcoe who discovered a blank deed had been misrepresented as being the Toronto Purchase. A blank deed had been passed off as the "Toronto Purchase". The blank deed contained the totems of three Mississauga Chiefs. The small wafers of paper containing the totems were affixed to the blank document with wax seals. Nothing was done about the situation until 1798 when Peter Russell, head of the Indian Department of Upper Canada wrote to Acting Governor, Robert Prescott asking if the Indians should be told of the situation regarding the "Toronto Purchase". Eventually, they decided that not telling the Indians could result in dangerous consequences. It would be better management to renew the purchase. A new deed which confirmed the 1787 "Toronto Purchase" was executed on August 1, 1805. The Toronto Islands were not included in either the 1787 or the 1805
treaties. The First Nation bases its land claim on the fact that the Toronto
Islands lie outside of the eastern boundary of the 1805 treaty survey.
The significance of the Toronto Islands to the Mississaugas was outlined
by Lieutenant Governor Simcoe's wife who noted in her diary that the islands
were sacred to the Mississauga Nation and that they were used for healing
and for ceremonies. The claim involves more than 12,944,400 acres of land in south and central Ontario. This claim is a joint claim between the Mississauga Nations and the Chippewa Nations. The Mississauga Nation is made up of: Hiawatha, Scugog, Alderville, Curve Lake and New Credit First Nations. The Chippewa Nation is composed of Georgina Island, Christian Island, Rama, as well as Moose Deer Point. The land claim was submitted to the Federal Government's Specific Claims Branch on behalf of the member Nations in 1985. The negotiation process involved both the Federal and Provincial Governments. Canada's involvement revolves around the fact that the Federal Government has the responsibility for "Indians and Lands Reserved for Indians". The Province became involved during 1783 to 1923 it had control over all "lands, mines, minerals and royalties". New Credit and Moose Deer Point were rejected from the negotiation process since they were not signatories to the treaty. Although the Mississaugas were not signatories to the Treaty they had an equal interest in the lands at Toronto - the Mississaugas of the Credit had signed previous treaties (1787 & 1805), dealing with their interest in lands in Toronto yet they were never approached to sign the 1923 Williams Treaty because they had relocated in 1847. As the western branch of the Mississauga Nation, they had not used the hunting grounds north of the Trent Watershed, but had not used the lands north and west of Toronto. Since they were not party to the original Mississauga grievance involving the northern hunting territory they were not considered when the commission decided to include the southern lands. Thus the Mississauga of the Credit never surrendered their interest in these southern 1923 Treaty lands. Since New Credit was not a signatory to the 1923 Williams Treaty they may still retain Aboriginal title and interests in the lands. New Credit and the Ministry of Natural Resources are currently in a joint project to resolve the issues involving the 1923 Williams Treaty. The Mississauga Nation has a claim against Canada for breach of lawful obligation pursuant to Canada's Specific Claims Policy, regarding more than three thousand acres of land in the township of Burlington and including part of the town of Burlington. In 1794 and Indian Department representative was ordered to secure lands at Burlington Bay for the use and benefit of Joseph Brant, a Mohawk War Chief. Brant requested the lands for his military service and loyalty to the British Crown in the American War of Independence. The representative subsequently met with the Mississauga Chiefs and entered into an agreement whereby 3,450 acres of land would be set aside for the use of Brant. According to the Royal Proclamation of 1763 the Indian Department had no authority to take a land surrender from the Mississauga Nation because the agreement was for the benefit of an individual rather than the Crown. The Mississauga were not provided with a copy of the agreement or a map of the area involved. Nor was the entire Mississauga Nation a party to the proceedings. Alexander McKee, Deputy Superintendent of Indian Affairs believed the agreement illegal and requested to have the agreement exempted from the proper procedure. The exemption was denied. Brant had already taken over the use of the land. McKee then tried to hold a second treaty council with the Mississauga Chiefs to correct the first treaty. Although a new treaty was executed it was declared invalid for the same reasons as the first - Indian Department representatives had no authority to take a land surrender for the use of an individual. William Claus, Superintendent of Indian Affairs at Niagara, entered into a treaty with the Mississaugas the following year. Treaty #8 states that the lands were purchased for the use of Captain Brant. Throughout the treaty councils, the Mississauga Chiefs insisted that although Brant would have use of the tract, the Mississauga Nation would retain its interest in the lakeshore and a two-hundred acre parcel of land at Burlington Heights. The Mississaugas also expected to recover all the land when the treaty had been fulfilled. However, upon Brant's death his family began to sell the land to settlers. The Mississauga Nations are currently negotiating this claim with representatives of the Governments Specific Claims Branch.
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