A-B-C OF ?FEDERAL INDIAN LAW?

ANYTHING BUT THE CONSTITUTION!?

Stoney Point invaded by Ontario and Canada.
Dudley George gunned down for being on his land! 

MNN. JULY 17, 2005. Ipperwash Inquiry Commissioner, Sidney B. Linden, has again misled the public on the legal basis for the constitutional jurisdiction challenge brought against him by Pierre George. (Divisional Court suit number 05-DV 001117, June 28, 2005). Linden does not want anyone to know what Dudley’s brother was asking.

Commission lawyer, Susan Vella, misstated to Peter Edwards, (Toronto Star, Tuesday, July 12, 2005):

“The act of a public investigation into the shooting death of an aboriginal person is not an act of aiding and abetting genocide?hopefully, it’s the opposite.”

Her reference to “genocide” is in the preceding paragraph:

? she doesn’t feel the inquiry has been undermined because one of George’s siblings has launched a court challenge claiming the probe should be shut down as it as no legitimacy.

Pierre George ? [says] the yearlong inquiry aids and abets “treason and fraud? and genocide” and that the probe judge Linden is acting like “the Great White Father.”

The Inquiry has two parts.

Part i is an inquiry into the FACTS.

PART ii concerns the underlying LAW.

Facts. Part I. Pierre George wants to know who gave the order, not just who pulled the trigger.

Also, Pierre George was guarding the gate when his brother, Dudley, was gunned down on the night of September 6, 1995. The Ontario Provincial Police OPP refused to help get him to a hospital in one of their nearby ambulances. So Pierre and others had to load Dudley into his white Impala car and drove him to the Strathroy-Middlesex General, a 30 minute drive. Outside the hospital he pleaded with officers to help. His brother was bleeding to death in his car. He was charged with murdering his brother, arrested, jailed. He was officially told the next morning in his cell that his brother had died.

Dudley George was murdered in Ontario. Neil Stonechild was murdered in Saskatchewan. Over 500 native women are missing. Hundreds of indigenous young people have taken their lives in despair, far above the national average. We?re
talking about events within the last ten years. Canada pretends it doesn?t have a genocide problem!

Law. Part II. Pierre George has asked a constitutional question. How did Linden get judicial jurisdiction? What law applies? What is the constitutional legislation and precedents that regulate the relationship between indigenous and non-indigenous societies?

Linden’s response has been willful blindness to the Canadian constitution. This violation constitutes genocide.

The indigenous sovereign interest was here before Canada ever existed. The whole of Canada is still unsurrendered Indigenous land. Our title can never be extinguished. We can?t and will not sell our land. Our constitution, Kaianereh?ko:wa/Great Law does not allow it. We hold it in trust for our future generations. The Constitutions of both the USA and Canada protect the indigenous sovereign interest. Our constitutions are in harmony. Constitutions are the law of the land.

The only deal our ancestors made with the British is for them to live here beside us. We did not open up this land for the ?peanut scramble? that we?ve been witnessing. We did not invite colonists to trample and pollute the environment and kill our people. These visitors have overstayed their welcome and over stepped the agreements. The ignorance of the children of the visitors is now generations deep.

Section 109 of the Canadian Constitution places Indian “Interest” before that of Canada and its provinces. It stipulates that until a treaty has been made with the constitutional indigenous Nations, the Nations’ constitutional ?Interest? is
above the Crown?s. Section 132 of the Canadian Constitution stipulates that only Canada can make ?treaties?. No valid treaties have ever been made on a nation-to-nation constitution-to-constitution basis.

The provincial, federal and Indian ?band? governments illegally created by Parliament and their courts read only Section 91(24) of the Canadian Constitution. This Section merely granted authority to ?negotiate? with Indians concerning the use of our lands and corresponding treaty obligations. They misinterpret this Section as constitutionally giving them never-ending and unlimited power of life and death over Indians. The Indian Act is illegal and was forced on Indigenous nations.

The judges use federal Indian law to destroy us on our land through their criminal blindness to the Constitution. Linden ruled that a mere Ontario Order-in-Council preempts the need for him, or the Judiciary, to obey the Constitution of Canada.

Why Dudley George Died! Dudley George was killed for defending his rights. The Canadian judiciary has led all the Premiers and Prime Ministers since 1876 into believing Indians who are on their ancestral land since time immemorial are trespassing on private property!

Ontario and Canada invaded unsurrendered land. They had no constitutional jurisdiction there. 

The judiciary and politicians are trying to cover up their breaking their own laws with circuses like the Ipperwash Inquiry. They aren?t digging deeper than the political level.

The uprising at Ipperwash happened while the Indians were asserting Indigenous constitutional law and defending the rule of law. He died for all the ordinary folk who sometimes feel they just can?t take it anymore. He died for all constitutionally sovereign Indigenous Nations who continue to resist genocide. We are defending the Great Law of Peace, the constitution of Northeastern Turtle Island. Linden and the Ipperwash Inquiry produced a smokescreen to cover up the underlying constitutional question of legitimate jurisdiction. They don?t want to talk about the law underlying the conflict.

Court obstruction is how they violate the rights of Indigenous people in Canada. When Indigenous people object, we are threatened or gunned down. Linden’s official response to Pierre?s question is to stall. Every day he stalls is another day of unconstitutional judicial genocide from coast to coast to coast in Canada.

Kahentinetha Horn
MNN Mohawk Nation News

poster: Thahoketoteh

 

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