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 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.com. Contact: Thahoketoteh@hotmail.com; MNN Mohawk Nation News firstname.lastname@example.org 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