KANEKOTA BREAKING NEWS

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Video of teleconference trial, Federal Court, Attorney General and Thahoketoteh, Mar. 25, 2013. http://youtu.be/-p0ijL_isgA

 

MNN. Mar. 26, 2013. On March 25, 2013, Thahoketoteh of Kanekota had the oral portion of his Case T-2007-12, Thoketoteh v. the Queen. The trial was done by teleconference with the Federal Court of Canada judge and the Attorney General representing Her Majesty. The question is how Section 109 of the British North America Act 1867, legally applies to the constitution, saves and continues the “protection” secured by the Royal Proclamation 1763 as a “legal duty” within stare decis. A precedent has already been set.  

The judge asked the AG why he did not address this first question in all his 300 pages of submission. The AG admitted that he was directed by Indian Affairs to avoid the issue at all cost, not to ever talk of Section 109 and the legal duty and trust issues. Canada has been avoiding this all along. It is the elephant in Canada’s living room. 

Section 109: The elephant will take over the room and crowd you guys out.

Section 109: “We can’t ignore this elephant anymore!”

Their constitution sets out Canada’s obligation to us, that we Indigenous are of this land and that Great Turtle Island is of us. The Indian Trust Fund, set up according to Section 109, is an ever growing $49.1 trillion trust fund that Canada uses to pay its bills and as a slush fund without our permission, to bolster their five “too big to fail” banks. They can’t fail because they have stolen all our money. 

We own everything. Every Indigenous group in Canada can use Section 109 to assert our land rights right everywhere. Everybody has to deal with us on everything. 

Canada, you have no options!

New Federal Court Tele-trial: “Will it be secret trials next?”

The judge will make her decision soon. Kaiainerekowa, the law of the land, will be the only law applied in Kanekota soon.

We are very happy! As Keith Richards sang: “I need a love to keep me happy. Baby, baby, keep me happy”. 

 

the written argument can be viewed at click here

MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0 WHERE EAGLES DARE TO SOAR available from MNN.

 

 

 

 

MNN: CORPORATIST USURPATION

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MNN. Feb. 27, 2013. Cayuga chief of the Iroquois Confederacy, Deskahe, was sent to the League of Nations in Geneva in 1922 to apply for membership and to try to influence it to become an egalitarian system. The bankers wanted one world government with a hierarchy controlled by them. We were sponsored but usurped by the bankers.

 Today due to the abundance of Indigenous resources and funds, Canada is the premier corporatist model for the one world government – corporatism (fascism, Nazism and democracy of the 50% +1), which can be manipulated by the bankers. The corporations illegally control the state, religions, law enforcement, military and media. They give themselves the final word on everything, bank accounts, businesses, citizenship, all employment in all entities large and small. 

Sequoia, leading longest declared war with US.

Sequoia, Seminoles still at  war  with US.

 

As agents of a foreign entity, Canada violates international law.  Informed consent of the majority of people as expressed in free and fair elections is required before we can be absorbed by another state. This never happened. We are independent and seek our freedom. We have the right to our nationalities, freedom of speech, movement, family life, security of the person, land, resources and funds.  

As independent sovereign people, we Rotino’shonni:onwe [Iroquois Long House people] have retained our knowledge of our true history, system of governance and treaty making powers. Our international relationship is with the Queen, not the corporation of Canada. 

Sitting Bull, great strategist.

Sitting Bull, great strategist.

A major Indigenous concept influenced international law. The “Guswentha” or Tekeni Teiohate. The “Two Row Wampum”, is a relationship created between two sovereigns. 

The canoe and boat travel side by side on the river of life. Each vessel symbolically contains their people, language, form of government, laws, culture, traditions and ceremonies. In the Indigenous canoe are all the lands, waters and resources that the natural world has vested in the Ongwehonwe. The parties agree to not interfere or make war with the other, forever. “Comity” is an important feature where each party agreed to turn an alleged guilty party over to their own nation for trial and punishment. two row old

The First Rotino’shonni:onwe treaty with a European nation was with the Dutch around 1606, a Peace and Friendship” and “Trade and Commerce” treaty. The Dutch could trade freely in Rotino’shonni:onwe Territory without hindrance. Similar treaties called the “Covenant Chain” were made with Great Britain, France, the Thirteen Colonies, and eventually the United States. 

The Crown issues illegal licenses and title documents from one end of Canada to the other violating the Peace Treaty of 1701. This acknowledges the vast territorial and cultural rights of the Onkwehonwe. Canada has refused to truthfully answer the jurisdictional question raised by Indigenous, which is, “Do you follow your own constitution?” If yes, then they have to nullify illegal laws, pay reparations and damages.  

Geronimo, held off US army until family threatened with death.

Geronimo and a few  held off US army for 30 years.

Deskahe, died for our people.

Deskahe, died for our people 1925.

After Deskahe’s efforts failed, we were put into prisoner of war camps [reservations]. All our lands, resources and funds were taken. Indigenous genocide the world over accelerated. Conditions were crafted of poverty, disease, theft of our children, impoverishment, which continue to this day. Deskahe was murdered trying to make Canada   law abiding. 

As Johnny Cash remembers others in “Drums”: “Long Pine and Seqoia, Handsome Lake and Sitting Bull. There’s Mangas Colorado with his sleeve so red and full. Crazy Horse the legend. Those who bit off Custer’s soul. They are dead, yet they are living with the great Geronimo. And there are drums…” Drums by Cash

Crazy Horse, the legend.

Crazy Horse, the legend.

MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0

 

 

 

 

MNN: INDIGENOUS PATH TO WORLD PEACE

mnnlogo1INDIGENOUS PATH TO WORLD PEACE 

MNN.  27 Dec. 2012.  It was a fiendish plan to exterminate us.  With our good minds we are going to dismantle it. There will be no world peace without free Indigenous Peoples who have regained all our possessions. 

Throughout the world the “Idle No More” movement has united us and our supporters.  To save our Mother Earth, the great natural power has awakened us to action.    

Fear was the greatest weapon to control our lives.  The secret rulers created artificial fear to make us think we are alone and to terrify us into submission. Science and technology found ways to bring us under control and to work for them as slaves. Methods were found to make us kill each other.  

Science developed hate and anger of each other.  A life of fear was made through images and sounds. Their mainstream media controls information and pop culture. In the televised version of reality, platinum blond hair, blue eyes and white skin were deemed to be superior. False dogma kept us divided.  Our thinking and behavior were designed.  Any light that came through was extinguished to make us think life was hopeless.  

For hundreds of years we were kept in a state of confusion.  Our minds, bodies and energies were poisoned. Toxins were put into everything we drank, breathed, wore and walked on.  Drugs were given to us for entertainment and sicknesses we did not have.  Our children were targeted to kill their minds, resulting in depression, mental and physical disorders and obesity.  

The same bankers and corporations controlled all sides of governments. They prospered from war and death.  

The system of Owistah [money] and accumulation of material goods kept us from connecting with our inner selves and to each other.  it imprisoned us. We were diverted to seek pleasure and play games. 

We are victims of genocide.  Our children were stolen from us.  Our communities are toxic dumps, unfit for habitation [Attawapiskat, Kachechewan, etc].  Colonial powers tried to kill us or disperse us from our inherent lands to steal the riches beneath them. Traditional People went underground to hide their ancient knowledge. 

Our own people were recruited to help them by rewarding them with material things.  

Canada CEO Prime Minister Harper [right] made rules like C-45 to take everything we have and our freedom.  This evil will be stopped. CAL10-CANADA

We always felt something was missing from our existence.  We stood helpless as foreigners came onto our land and murdered us.  We are shaking off these invaders. Our minds are free.  We can’t go back to slavery. 

warrior unity
We Indigenous People have the tools given to us by the great natural power to change this.  We do not hate each other.  We love each other. When we rise up together, they cannot stop us.  We have no weapons.  Only the truth.  We will use our inherent knowledge to bring peace to the world.
 

The truth was hidden in front of us.  False reality was created.  The curtain has been opened for all to see what’s been going on.  The truth. scarecrow

The rest of the people may finally wake up and join their Indigenous brothers and sister, instead of singing like the Scare Crow in the Wizard of Oz:  “I could wile away the hours, conferring with the flowers, consulting with the rain.  And my head I’d be scratchin’, while my thoughts were busy hatchin’, if I only had a brain”.  

MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0

 

 

 

 

 

 

 

 

MNN: REVOLUTION BACK TO RULE OF LAW

REVOLUTION BACK TO RULE OF LAW – KANEKOTA UPDATE.  

MNN.  Oct. 25, 2012.  Canada has a duty to abide by the rule of law, that is, to follow their own laws.  Above all, their constitution. Their following their constitution and agreements with Indigenous peoples is their visa to live here.  Ordinary statutes like the Indian Act that breach the constitutional guarantee of protection of us are not “law”.  This breach makes it void. 

The Royal Proclamation 1763 is the first general constitution for all of North America, giving the newcomers a right to live here.  It is the foundation of Canada.  It defines its relationship with the Indigenous People and our land, based on the Guswentha/Two Row Wampum.  We are to remain separate in all ways, unless we make a treaty agreeing to some variation.  We did not.  The newcomers proclaim a “duty to protect us” from encroachment.   Sections 91[24] and 109 of the Constitution Act 1867, affirm this duty.  Furthermore, this was confirmed by the Order in Council of Canada 1875 by which Canada expressly and explicitly confessed this duty of protection.  

 

The Royal Proclamation 1763 provides: 

“…  that the several Nations or Tribes of Indians with whom We are connected and who live under our Protection should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as not having been ceded to or purchased by Us are reserved to them or any of them as their hunting Grounds —“. 

“…  And we do further strictly enjoin and require all Persons whatever who have either willfully or inadvertently seated themselves upon any Lands … not having been ceded to or purchased by Us are still reserved to the said Indians as aforesaid forthwith to remove themselves from such Settlements. 

The Royal Proclamation affirms our territorial sovereignty and independence.  The Guswentha provides that there shall be no interference in our ways, languages and lands.  Nor shall they make rules for us or have any rights to our possessions. They may live here and feed their people and be of one mind with us on the environment.  

Section 109 of the Constitution Act, 1867 further elaborates:    

109. …  all … Lands, Mines, Minerals, or Royalties, [are] subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province… 

In 1897 the Privy Council in Britain, at that time the highest court of appeal for Canada, defined the trust and interest as a legal duty to protect the nations or tribes of Indians, which pre-exist their administrative bodies known as Indian Act band councils.  Canada is absolutely bound by this.  The duty to protect predates the country. 

The constitution has been broken and thus the rule of law has been trashed.  It has been replaced by political opportunism that has infected the courts, politicians and almost all of non-native society.   In 1880 Canada illegally declared a formal act of genocide, the Indian Act, Section 72, to remove the life chiefs.  Then on October 25, 1924 Canada illegally set up concentration camps called “reserves”.   

Quebec cannot impose a statute such as French language Bill 101 forcing Indigenous to speak French in order to work.  Otherwise we are forced to leave our homeland.  It is a genocidal colonial statute that violates the rule of law and Canada’s duty to protect. 

The crown falsely alleged that their settlers have our land, resources and can legislate to us.  The visitors illegally interfere with our life and lands. Canada and its courts must protect the several nations and our lands from being molested or disturbed.   

Any Ongwehonwe/Indigenous as natural persons of Onowaregeh/Great Turtle Island require proof of treaty that relinquishes this constitutional agreement.  None exist.  All the land is Indigenous.  Canada’s duty is to never allow any encroachment by subsequent statutes of Canada and its provinces. Any federal or provincial imposition is unconstitutional and therefore void.  Canada has voided its own existence here. 

The rule of law does not function in Canada.  The trust has been broken.  It needs to be repaired to rescue all human kind and the environment.  

Instead of protection Canada has attacked us and our mother, the earth.  The foreign corporation of Canada must be dissolved as it does not follow the rule of law, making it illegal.  They must follow the Guswenta or leave Great Turtle Island.   

This is the basis of the Federal Court case T-1396-12, The Queen v. Thahoketoteh of Kanekota.  We need your donations now for filing, printing and mailing costs.  Those who donate today will become of one mind with us as per the Guswentha.  Go to PayPal. www.mohawknationnews.comContact:  Thahoketoteh@hotmail.com; MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to sign up for MNN newsletters, go to www.mohawknationnews.com  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0  Nia:wen

MNN: Protho. Aalto Turning Soprano

MNN:  PROTHO.  AALTO MAY BE TURNING SOPRANO SOON.  Kanekota & the Queen [FC T-1396-12]

MNN.  On October 11, 2012, Thahoketoteh of Kanekota filed an appeal motion at the Federal Court to quash Prothonotary Kevin Alto’s illegal decision of October 5.  No reason was given forbidding us to appeal.  He erred in fundamental jurisdictional law.  The Federal Court has to answer us by October 25th 2012. 

On October 1, 2012, supporters filled the court room to witness Thahoketoeh presenting oral argument before Aalto.  He outlined the history of the 1701 agreement between 48 Indigenous nations and our allies throughout Onowaregeh/Great Turtle Island.  All the newcomers’ rights to live here and provide food for their families come from the Two Row Wampum/Guswentha.  He held up the wampum belt.  “They agreed to abide by its principles and always be of one mind with us on everything concerning the land”.  Like us, the land is Indigenous. 

The Federal Court admits that the Royal Proclamation 1784 supercedes all admiralty statutes.  All laws in Canada are admiralty statutes.  They are “corporate by-laws” passed by the officers of the CORPORATION OF CANADA.  The Prime Minister, Finance Minister and Leader of the Opposition are officers of this corporation.  Their job is to provide ever-growing profits to the shareholders and continue the illusion of freedom to their masses. 

The Royal Proclamation confirms this relationship between the Ongwehonwe and the newcomers.  Should they break the 1701 agreement with us, everything reverts back to one day before the Guswentha was presented, June 24 1701.  The British were presented with the Guswentha in July 25, 1701.  They accepted, recorded and confirmed the agreement [Nanfan], by moving to Ontario.  These are the only legal international agreements we have with the Crown on behalf of the CORPORATION OF CANADA and their subjects.  It’s their passport to live here.  

Aalto went against what is carved on the statue in the Federal Court’s lobby at 180 Queen Street West, Toronto.  [If it hasn’t been removed].  It states, “This court will never go against a Royal Proclamation or an Indian treaty”.  

All Crown agents are bound by their oath to their Queen.  Aalto’s decision was in effect a signed confession.  Now we are asking the Federal Court to convict its own criminality.    

Thahoketoteh asks, “Show us how you got our land legally.  Show us a receipt”.  The Royal Proclamations of 1763 and 1784, are affirmed in their own constitution.  They pledged to “Protect” us from their encroachment on our land forever.  He wants confirmation that without a treaty ceding our land, the constitution protects our territorial sovereignty from the newcomers and overrules federal and provincial jurisdiction. 

Thahoketoteh continues his job as an Onkwehonwe from  Kanionkehaka, to uphold the constitution of the Iroquois, Kaianerekowa”, the law of the land.  We all have a duty to represent the interests of all Mohawks, including those faces beneath the ground not yet born. 

Contact:  thahoketoteh@hotmail.com  MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate to court case and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0  

 

 

 

 

 

 

 

Federal Court Case T-1396-12…

FEDERAL COURT JUDGE KEVIN AALTO GUILTY OF TREASON FOR BREAKING ROYAL PROCLAMATION 

MNN.  Oct. 5, 2012.  On October 1, 2012 we went to Federal Court in Toronto to remind Canada of the law and the lawbreaking that is going on in Kanekota.  Kanekota is a British Protectorate. Trespassers must stop breaking the law.     

On October 5, 2012 Judge Aalto confirmed that their Royal Proclamation supercedes all Admiralty Statutes, statutory law and rules.  Then he told us they have no jurisdiction or will to respect it.  He clearly violated his oath to their Queen, making him guilty of high treason.  The penalty is death, which we did not ask for.  The last thing Thahoketoteh of Kanekota told Judge Aalto was, “You be careful of your decision.  If you break a royal proclamation, you will be guilty of high treason”.  Now he is. [Thahoketoteh of Kanekota v The Queen T-1396-12.] 

The Royal Proclamation confirms the Guswentha/Two Row Agreement, the supreme law of Onowaregeh/Great Turtle Island.  The 1701 agreements with the French and English are the only laws that give the newcomers the right to live on our land.  They broke these and now illegally reside here.   According to the Royal Proclamation 1784 their subjects must respect the Guswentha in all matters.   

The Federal Court agreed that in 1784 Captain General Frederick Haldimand signed on behalf of the king a proclamation to protect Mohawks from white encroachment forever.   Canada can no longer pretend ignorance of the laws.  The Federal Court put on the public record that Canada openly admits its criminality and refuses to follow the law. 

Judge Aalto erroneously proclaimed that the Federal Court overrules a Royal Proclamation. [He should be kicked out of law and put in jail]. This is all gobblety-gook to sidestep the lawbreaking and gives more time for corporate destruction of Kanekota.  He also ruled that “as this court has no jurisdiction to deal with these issues, leave to amend is also denied.” Meaning he decided that we could never appeal his wrong decision.  He showed that the Federal Court is nothing more than a kangeroo court.  

We do not accept this law breaking.  Under Wampum 44 of the Kaianerekowa/Great Law, the Women Title Holders have the duty to notify all settlers that as their proclamation supercedes all their rules and statutes, all their settlements, developments and permits violate the proclamation and the Guswentha.   

Judge Aalto did not dispute any of our arguments, that: 

1-The Nanfan Treaty is the Guswentha agreement with Great Britain.  

2-The Haldimand Proclamation is their order that there shall never be any encroachment by their people on our land.  

3-The Indian Lands Act 1924 is illegal as it was never taken to the Indigenous people, passed in any legislature nor brought to the Queen.  It was a side deal of the Minister of Indian Affairs of the Colony of Canada and the Minister of Mines of Ontario.  All Ontario settlers rely on this illegal statute for their title.  

4-The seizure of Canadian Hydro Developers windmills built in Kanekota without our consent belongs to the Mohawk Nation.  Canada broke its laws on “Aboriginal consultation” at the Ontario Municipal Board OMB hearings regarding these illegal eyesores.  http://www.youtube.com/watch?v=iR-jbTGh87g  The Municipal, Provincial and Federal governments must be notified of this ruling.   

5–The Outdoor Education Center by the Etobicoke Board of Education was stolen.  Now they are trying to illegally re-sell it.  

6-Enbridge Gas has illegally built a pipeline through Kanekota.  

7-Minister of Finance Jim Flaherty has illegally built a multi-million dollar estate on Kanekota. 

The Shareholders of the foreign Corporation of Canada have set up the Admiralty court system, to keep what has been stolen from us.  The courts make and manipulate its rules to make profits for the shareholders. For them the Royal Proclamation exists but they don’t have to follow it if they don’t want to.    

Dekanawida, the Peacemaker, showed us the path.  He knew that we had the mind to figure out the solutions.  Change for peace starts in each person’s mind. 

Contact:  Thahoketoteh@hotmail.com; MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0

 

 

 

 

MNN: MOHAWKS V. THE QUEEN. KANEKOTA.

Please post and distribute this notice.  Your help is appreciated.  MNN  

MOHAWKS V. HER MAJESTY.  FEDERAL COURT, TORONTO:  October 1, 2012.  Re:  Kanekota 

MNN.  Sep. 27, 2012.   The hearing is on Monday October 1 at 10 AM, 180 Queen Street West. Toronto. Thahoketoteh will be arguing Rule of Law with the Attorney General on the issue of Kanekota.  All welcome.

 

Kanekota, “where the water comes from the earth”, is a 525 sq. mi. tract in the northern portion of the Haldimand Tract.  The Royal Proclamation of 1783 provides that Canada has the responsibility to protect the Mohawks forever and that there shall never be any encroachment. 

Thahoketoteh states, “I would be pleased if you could come to the courtroom as a witness.  The argument will be chronological, starting at 1701 with the introduction of the Gushwenta, up to the present”. 

The Gushwenta is the formula whereby the settlers agreed to become of one mind and live with us in peace. It was ratified in 1710 when our Royaner visited Queen Anne’s court. This will now be on the Public Record for everyone.  The return of the Peace is almost here. 

MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0

 

 

Justice is prevailing:

VICTORY IN US COURT OF APPEAL – NYS TROOPERS ILLEGALLY ?AMBUSHED? IROQUOIS IN ONONDAGA IN 1997MNN. Oct. 17, 2006. Nine years ago we went to Onondaga to celebrate a victory against New York State who wanted to illegally tax us in violation of the U.S. Constitution. Around noon, on May 18, 1997, when we started to burn tobacco on Andrew Jones property right along Interstate 81, the ?Indian Detail? Division of the New York State Troopers came along the highway. They were dressed in full riot gear and bearing riot batons. A videotape made at the time reveals some troopers joking about their ?sticks? and how every trooper has ?gotta have a stick?. One trooper said that the Indians needed ?to get their asses kicked?. They had removed their name tags even though the State Police Manual requires them to be worn at all times.

The Troopers used the ?skirmish line? formation by facing the protesters who were 70 feet off the highway and then surrounded us. They were lead by Ollie Gibson who was wearing a ribbon shirt and pointing out people to them. Does this mean that the Troopers don?t know one Indian from another or who was a man or who was a woman or a child? We all had dark skin and dark hair.

They walked towards us smacking their batons on their palms. They charged into the people and began arresting protesters, beating us with batons, dragging us by our hair and kicking us. They threw one man, who was praying, to the ground and chocked him. They manhandled an eleven-year old girl and an elderly medicine woman and even tossed a baby in a double leg cast from his stroller. Not a nice bunch of people!

There was no order and no warning to us. The Troopers tried to stop people from taking pictures and video taping what was going on by putting their hands over the lenses and threatening to arrest the cameramen. They even beat up some of them. A videotape is available of the news clippings which appeared over and over again on local television in Syracuse.

26 people were arrested and charged. All charges were dismissed. One woman was accused of not moving out of the way when told to do so. She had fainted. They had to use smelling salts to revive her and then arrest her. The Troopers brought charges against one man for ?running back and forth in a provocative manner?. He was acquitted. This man had arrived late, looked around at the melee, in shock and got the h–l kicked out of him.

The father of the property owner, Ron Jones, was murdered in his home soon after. His hands were cut off and his house in Onondaga was torched. This is still an unsolved murder. We continue to put our messages about New York States complicity with certain Indian individuals, the murders and other crimes on the billboard right next to Route 81 for all the world to see. This is one of the ways we can tell the public about our issues.

We brought charges against them in the US District Court for the Northern District of New York for violating our freedom of speech, religion and assembly, using excessive force, conspiring to violate our rights, our right to equal protection, while being indifferent to our medical needs. We did not want this to happen again to our people. The Troopers claimed that they had ?qualified immunity? that ?shields police officers acting in their official capacity from suits for damage?? They said they made an ?honest mistake?. Is this like being ?killed by friendly fire?? Are they saying, ?I just forgot! Sorry for beating you up and killing you. I didn?t mean to let you make me get so mad at you?.

They lost at the first level. The Troopers took this decision to the US Court of Appeals for the Second Circuit. On October 4th 2006 they lost again. Does this mean that the Troopers are going to be the fall guys for New York State and whoever requested and ordered this attack? [See case posted onposter: Thahoketoteh

 

Here Come Da Judge

I’LL BE A FOOL FOR YOU [DEVELOPERS]“, SINGS ROGUE JUDGE DAVID MARSHALL REGARDING THE SIX NATIONS ?HALDIMAND TRACT?. HAS HE DECLARED WAR ON US?MNN. Aug. 9, 2006. ?You can?t break my heart anymore?, summarizes Judge David Marshall?s dream to kick the Six Nation people off our reclaimed land. We know you have land on the Haldimand Tract that you want developed, even if it might be in your wife?s name. As a lawyer, Judge Marshall, you should know that the title is not ?free and clear?. That title is with us. You need our permission to do anything with our property. So what gives?

In court on August 8th, one Indigenous man shouted, “You have no jurisdiction,” at which time Marshall ran out of the courtroom with his gown flapping behind him.

Your court has no jurisdiction to rule on Six Nations land and its People because we never gave it to the colonists according to procedures set out in the constitutions of our peoples. Judge, you are refusing to see that your order and proceedings are a nullity. We think you don?t understand your own court system. Or are you not up to it? (Did this guy get one of those 7-day law degrees from the internet?)

The government, Henco Industries, the Attorney General of Ontario, the crown attorney and the Ontario Provincial Police all want your contempt of court order set aside. The government made a settlement with Henco for the land in question. According to the Supreme Court of Canada, the parties are supposed to resolve the problem between themselves. The court only comes in when they can?t be resolved. In this case the parties have settled. So there?s no need for your judicial hysteria.

Judge, are you mad that the ?representatives of the crown and the OPP have declared that this court is now functus or spent?? Does this mean it is defunct as in ?dead?, at least insofar as this particular issue is concerned? It?s ?moot? because the issue has already been settled. The original order was taken on behalf of Henco and they are no longer involved or interested. They?ve requested that these orders be dissolved.

So now you?ve changed the order to ?criminal contempt?. This is ridiculous! Did you have a trial? No. Have you proven things beyond a reasonable doubt and that the people involved have been given an opportunity to make full answer and reply? Of course not!

Your behavior is so irrational that it is bringing your judicial competence into question. Maybe someone should make a complaint to the judicial council. It will raise the question of what standards, if any, govern the actions of a judge.

Judge, your personal opinion is irrelevant. You and your wife should come and talk to us about your plans for developing our land. Because of your personal interest, you should resign. You?re lucky you haven?t been reported to the Judicial Council for conflict of interest. The reason you have escaped such a complaint is because most people at Six Nations do not recognize the jurisdiction of the Canadian Court.

Judge, you said, ?This is a very unique crime?. Here?s one thing we can agree with. It is ?unique?. It might even be the only crime in Canadian history that has come into being by judicial decree instead through the democratic process. You made a decree to declare us all ?Jane and John Doe? criminals so that you can willy-nilly grab any of us.

You have accused us of having, ?contempt for your system of justice?. Judge, you are the one in contempt of the system of justice. You are the one who doesn?t even bother to read or think about your own Supreme Court of Canada reasoning.

In the Supreme Court of Canada in Haida Nation v. British Columbia (Minister of Forestry) 2004, it stated, ?Our task is the modest one of establishing a general framework for the duty to consult and accommodate, where indicated, before Aboriginal title or rights claimed have been decided. As this framework is applied, courts in the age-old tradition of the common law will be called on to fill in the details of the duty to consult and accommodate?. Yep! Judge, you better read up on your own law.

Yeh! You also better talk to us about the fact that Six Nations owns the Haldimand Tract that you?re living on. It is under our jurisdiction. We do agree that you have jurisdiction over your settlers who are squatting on our land. We, the title holders, are still here. So, Judge, are your declaring war against us? Or are you going to be a good boy and talk with us peacefully?

You even mention that, ?It is possible to appeal the order or otherwise legally deal with it?. You know very well that it is treasonous for us to attorn to your foreign colonial court. There is a protocol and procedure we worked out a long time. We cannot deal directly with you. You have to contact the Governor General of Canada who will inform us of your concerns. Your order is a foreign invasion of our jurisdiction. We have every right to defend ourselves against your attacks according to our constitution and the rule of law.

As for this Crown and Queen supremacy stuff, we always knew it was a hoax enforced on us at gunpoint to steal our land and resources. Only Canadians were subjects of Britain. We were never conquered. We never became subjects of Britain and we never swore an oath of allegiance to become citizens of Canada. We are sovereign. We don?t share your medieval heritage. Your attempt to depose our Confederacy government and force the Indian Act band council system on us in 1924 violated international law then just as it does today. The “lawlessness” started right at the beginning when the Ontario government started giving out phony title to our land to the squatters.

We repossessed this one piece of our land at the end of February 2006. 95% of the Haldimand Tract has been stolen. We have been complaining about it for more than 200 years. It is still all ours according to your words in the Haldimand Proclamation of 1784.

Talks aimed at resolving the land theft have, at times, become violent against us. The state has sent skin heads, KKK and other paid instigators to come to the reclamation site and attack our people. Last night choppers were flying over the reclamation site and 60 to 70 Ontario Provincial Police cruisers were swarming around. It was a fine summer evening, so the KKKlanedonians paid us a visit. They arrived by the hundreds last night to attack us. They swore at us and threw rocks at us. Guess they had nothing better to do. Missing were their professionally printed ?Bring in the army? signs.

One of the Woman Title Holders said the ruling was “an act of aggression”. We intend to stay on our land. Why should we leave something that is ours just because the thieves have abandoned their phony claim? We have always protested these thefts of our lands right from the beginning. We cannot allow it to go on any longer. We want Canada, Ontario and local governments to obey their laws and agreements.

Judge, obviously you haven?t kept up on Supreme Court reasoning. Even through the Haida Nation case was decided two years ago, you still haven?t heard of it! You may not have read the Quebec Succession Reference either which was decided over a decade ago. In that case the Supreme Court specifically stated that, ?It is not the role of the judiciary to interpose its own views on the different negotiating parties, even where it is invited to do so.? You are overstepping the role of the court and you are not up on the law. Even David Peterson, the former premier of Ontario, who was negotiating, called your ruling a ?little bizarre?.

Judge, the Women Title Holders asked you to cease and desist issuing ultra vires orders, invading Rotinoshonnion:we/Iroquois jurisdiction, trespassing on Haldimand Tract land and refusing to recognize that both Canada and Ontario have been given notice of your violations on numerous occasions in the past. So, Judge, get real!

Kahentinetha Horn, MNN Mohawk Nation News ? kahentinetha2@yahoo.com ? see daily updates on Mohawk issues at www.mohawknationnews.com

Thanks to our brothers, sisters, friends and allies who have been standing with us. To continue to help us please contact at Six Nations thebasketcase@on.aibn.on

poster: Thahoketoteh

 

A Question of Jurisdiction

The following is a letter send to Brian Haggith of the Ontario Provincial Police by Patrick Ellis, Saulteaux of Arborg [Manitoba]. It outlines two crucial issues. The question of jurisdiction which we never gave to the settlers over our land or over us. The other is the issue of Indian Title. Let us know what you think this means. It hits the issues of our constitutional jurisdiction over Turtle Island which no Indigenous people ever gave up. That the Indian Act is illegal. That Crown land is a hoax. Kahentinetha Horn, MNN
I thought I would drop you a note in the hopes of humping up your position against the hooples …

first of all, whatever Mr. J. Brant [Joseph Brant] and George the third conjured up then, doesn’t work today. … Brant was a Captain in the British Army, 33rd degree freemason and a traitor (see Joseph Brant :Man of Two Worlds).  George the Third owned no land when he and Captain Brant conspired to “give Indian land to Indians” … The haldimand treaty is bogus due to the fact that there would have had to have been amendments to the Royal Proclamation and there have been no such amendments and not even since 1776 or the first bankruptcy of 1789 down south …

The Charter does not apply to “Indians” but contains evidence that the powers-that-be know what their responsibilities are because they mention the Royal Proclamation …. Six Nations is right, square in the middle of Indian Territory, recognized as being such since 1763 and without benefit of any amendments thereto since that time …

I had sent Brian Haggith a three page letter outlining the facts of the ascertation of rights by the six nations….

If you would like the two maps send me your fax number and I would be happy to send them to you … if you wish to speak with me my number is on the Haggith letter …

Megwich

[Patrick Ellis]

CHALLENGING JURISDICTION:

In any action, both parties must give their clear and unequivocal consent to be without a Jury. Without that consent, the Court has no Jurisdiction to proceed summarily and the Jurisdiction of the Court must be challenged. This Challenge can only be judged by a Special Jury. Should a Judge or Magistrate disregard or dismiss this Challenge, then he or she is liable to imprisonment for 5 years. Should a Judge or Magistrate disregard or dismiss this Challenge, that is a violation of Due Process and the Rule of Law.

Due Process is a course of legal proceedings according to rules and principles that have been established in a system for jurisprudence for the enforcement and protection of private rights. Due Process derives from early English Common Law. The first concrete expression of the Due Process idea embraced by Anglo-American law appeared in the 39th Article of Magna Carta 1215. (Encyc. Brit.)

The Rule of Law is the supremacy of law and embodies three concepts: the absolute predominance of regular law, so that the government has no arbitrary authority over the citizen; the equal subjection of all (including officials) to the ordinary courts; and the fact that the citizen’s personal freedoms are formulated and protected by the ordinary law. (Oxford Ref. Dictionary of Law).

Challenges to the Jurisdiction of the Court are for (i) “Subject Matter” (ie: the power to deal with the matter to be tried); (ii) “Relationship” (ie: the power to deal with the Defendant); and (iii) “Competence” (ie: the power of the Court to act pursuant to the Laws of the State). (Britannica)

“Once jurisdiction is challenged, it must be proven.” (Jagens v. Lavine, 415 S.Ct.768). “Jurisdiction can be challenged at any time, even on final determination.” (Basso v. Utah Power & Light Co., 495 2nd 906 at 910). “Where there is an absence of jurisdiction, all administrative and judicial proceedings are a nullity and confer no right, offer no protection, and afford no justification, and may be rejected upon direct collateral attack.” (Thompson v. Tolmie, 2 Pet. 157, 7 L.Ed. 382; Griffith v. Frazier, 8 Cr. 9, 3L. Ed. 471).

- Compiled by John Wilson, http://www.rightsandwrong.com.au.

BY FAX

May 29th., 2006

TO: Brian Haggith
Inspector
Ontario Provincial Police
Cayuga Detachment
Cayuga, Ontario
n0a 1e0

AND TO: All Members of the Ontario Provincial Police

Via

Cayuga Detachment

Reference: Indian Title

Dear Brian;

In order for you to best understand what you are up against with respects to the Caledonia protests I feel compelled to write you in order that any misunderstandings may be avoided as well to enlighten you on some points of law that you may not be aware of.

First of all, I must say that those falling under the Police Act of Ontario, including those masquerading as “Indian Police” officers viz First Nations Police, subscribe to one of two oaths. One oath is to the “constitution” of CANADA, the other, to the QUEEN. In subscribing to an oath to the “constitution” of CANADA officers have pledged allegiance/alignment to a corporation. There is no “Canadian” constitution and there cannot be a constitution until such time as all Indians are murdered off and the people participate in the “constitutional” process. Pledging alignment to the QUEEN is also pledging allegiance to another corporation (sole).

In pledging allegiance to the QUEEN and opposing the Indians is the prohibited act of High Treason. To undertake allegiance to the corporation of CANADA would, in my view, constitute an undeclared act of war against the Indians, Turtle Islanders and Elizabeth Windsor.

Next up are the demarcation zones defining Indian Territory and lands that have been ceded, surrendered or Treatied. The zones appear on the attached map of Royal Proclamation 1763 territories. You can find reference to the Royal Proclamation within section 25(a) of your Charter of Rights and Freedoms 1982. Also, you may see another map, post 1923, athttp://anishinabe.org. The post 1923 map shows the so-called treaties post 1763 and they are problematic for the following reasons;

1. “Canada” is a corporation, a trustee, and not a sovereign entity therefore, incapable of entering into bona fide Treaties.

2. Parties to the first part signed for the second part. This violates the Statute of Frauds.

3. If the so-called Treaties were valid then the Royal Proclamation 1763 would have to be amended and there have been no such amendments since 1763 and certainly not consequent to the so-called American Revolution of 1776 or the first bankruptcy of 1789 when Congress was invented to deal with the bankruptcy. When you purchased your house did the lawyer advise you title was “free and clear” or that title was the subject of a lien, Indian Title?

If you happen to peruse the website you will also find my application of petition for writ of mandamus as against Michael Horgan, deputy minister of INAC. The questions posed to him ought to shed substantial light on what really going on. For example, the Royal Proclamation 1763 provides that the Indians are under the protection of the monarch. Can you tell me what part of the Criminal(‘s) Code of Canada provides for “Crimes Committed Against Indians”? Do you see my point? Perhaps it might not be a bad idea to seek an interlocutory injunction against the Legislature, on the subdivision, until such time as the mandamus has been dealt with.

You will also note the areas referred to as “Ruperts Land”. Rupert owned no land and the Treaties within that three million square mile area were between the Indians and the Hudson’s Bay Co’y. Even though the Hudson’s Bay Co’y surrendered its charter in 1870 there were no releases entered into between the Indians and the Hudson’s Bay Co’y at or prior to the surrender therefore, the Hudson’s Bay Co’y is still on the hook with the Indians to this very day.

Following this I wish to draw to your attention to the second attachment. This is the Royal Instructions by Victoria Saxe-Coburg-Gotha concerning Canada in 1867. As you will note, there was no confederation, there was no constitution what there was, was a consolidation of the three Provinces into four (?). Victoria authorized a consolidation and the only thing that was consolidated was the Indian Fund with the Consolidated Revenue Fund undertaken in order to cheat the Indians out of their royalties and to pay off the fictitious bank loans created for useless railways. After the consolidation Act of 1867 the House of Commons and House of Lords U. K. go on to debate the Canada Railway Loan Bill.

The Indians have contracts with several nations and those contracts were consolidated into the hands of George the Third in 1763. Again, there were no releases entered into between the Indians and the other nations nor did the Indians agree that George the Third was allowed to consolidate all Treaties into his hands. The Indians had nothing to do with the Royal Proclamation 1763. The Royal Proclamation is not the Indian’s “constitution” as it did not come to pass through any Indian surrender or capitulation.

Moving along, I do not know if you are aware of this or not but there appears to have been some sort of conspiracy between George the Third and Canadian Joseph Brant to set up a shell game with the Six Nations. It is unclear to me how “free”mason George the Third could give Indian Land to “free”mason Joseph Brant for the Six Nations Reserve. Again, referring to the attached map, Brantford is deep within Indian Territory.

The system of the elected chiefs in council at the Six Nations Reserve came to pass in 1952 when Louis St. Laurant forced his Indian Act on the Six Nations using armed force. The current elected system is in opposition to Indian Customs and Traditions therefore unlawful. The elected chiefs are “Canadian” and are not working for the best interests of the Indians as a whole. This is one of the areas you may be experiencing problems with.

Speaking frankly, I do not know what bullshit the likes of Murray D. Segal and General Michael Bryant are feeding, or have fed, members of the Ontario Provincial Police and in particular the late officer Deanes, but if I were a member of the Ontario Provincial Police I would be suing all those who had anything to do with Officer Deanes being fed lies for the murder of Dudley George and the crap Deanes had to endure consequent to those lies.

It is my hope that this letter sheds light on the reality of Indians and it is hoped that another Deanes/George tragedy can be avoided. It can be safe to say that the politicians do not serve the interests of the Indians or those, like you I presume, who are not Indian but are born on Turtle Island. To be born here and to work against the Indians and the Turtle Islanders for a foreign jurisdiction renders those traitors. The problems can be traced back to the banking/currency fraud and the monetary system which is the slavery.

It would appear that members ought to be pledging allegiance to either the Indians or to Elizabeth Windsor and not to corporations. Should you require further information please feel free to contact me. Should you wish my assistance in this matter I would be more than willing to assist the Ontario Provincial Police and the Six Nations. Should you require copies of the documents I rely and to present them to you and your brothers and sisters of the Ontario Provincial Police as proof of my position I would be more than happy to oblige at the nominal cost of copying, shipping and handling. A key document is; Indian Claims/Robinson Treaties, transcripts of proceedings, Exchequer Court, Ottawa, 1894, 509 pages. Although I was unable to attend the George enquiry I did furnish the Chair with a copy of those transcripts as well my five page notes from the document. What I have briefed you on David Ramsay is aware of. The land issue is squarely in the hands of Ottawa per s. 91.24 of the 1867 Act and cannot be delegated to the Provinces.

In closing, I strongly urge you and other members of the Ontario Provincial Police to undertake your own research on the aforementioned facts as lawyers for the Police are definitely not looking out for your best interests. The lawyers in Ontario work, directly or indirectly, for the Inner Temple within the country of London, or Londinium (please refer to ch. 11 Magna Carta 1215)

Thank you for your attention to this matter and I remain,

Yours truly,

Patrick Ellis

Saulteaux

(Mus Ka Say A Na Nee)

Administrator

Anishinabe Nations of Turtle Island

P. O. Box 608

Arborg, Manitoba

r0c 0a0

Ph: 204-364-2213

Fx: N/A

Email: turtleislandlien@hotmail.com

poster: Thahoketoteh

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