Here’s how it goes. A band council entity is set up. They offer to help their people. Somebody or a community group get some monies to “benefit the community”, but the band council or its nominee own all the assets from it and can tell us what we can or cannot do. The band council and its entities use our funds to ingratiate, enrich themselves, get into conflict of interest situations and possible fraud.
Remember, the band councils are corporate agents of Canada that were set up on Oct. 25, 1924 to help Canada take and control our land and resources.
Said the onkwehonweh to the canadien!
For example, an incorporated community association [the band council] invites a so called non-profit society in to build a community hall for the people. In the end it benefits mostly them and Canada, not the people.
The meeting is held at a band council building. The main host is a guy who works for the band council, who is directly involved with the process. Canada and the provinces have millions of dollars in program funds they offer to support projects they deem will ‘benefit’ the community!
As a part of the band council corporate apparatus, thenominee employee helps push the grant application forward. He gets their documents together and registers them to be a not-for-profit society in order to receive the funds.
The host suggests they build a structure that would cost $500,000. There will be taxes for each household because this incorporated association is no longer indigenous.
The mentor asks for $300,000 for the logs; $800,000 for the lock up; then another $200,000 for the construction of the building, then transportation and putting it together on the site, plus expenses to hook up the water, electricity, and sewage. If they do not get the initial grant, then the costs for the project somehow rise to $1.5. to $2 million which has to be borrowed by the villagers. In most cases most of these enterprises are not needed.
When the mentor, on behalf of the association gets the grant, he owns and leases it to the society for $1 a year. The purpose is not to benefit the community as mostly they never see the money.
Public funds are being used to enrich the corporate non-native band council entity. Out of the $1.5 million or more granted or loaned, the building costs $500,000 and who knows where the rest goes.
The band council cannot be part of any community since they are a foreign for-profit crown corporation.The employee/mentor dupes the people.
The conflict of interest is because the band council employee cannot have anything from this grant application process for himself.It was his idea and he has been working with his ‘band council superiors’ to push this projectthrough.
The Supreme Court [Beverly McLachlan] unanimously ruled that the tsilhqot’in does have a claim of 750 sq. Km [680 sq. mi.] of land. This decision is a precedent for all turtle island.
The colonial Supreme Court held that aboriginal title constitutes a beneficial interest in the land, the underlying control of which is retained by the Crown. Why? We are caretakers of turtle island. Indigenous people are sovereign and have all duties and responsibilities to decide everything. Also,to proactively use and manage the land, including its natural resources. But the foreign entity, the Crown, gave themselves the right to override aboriginal title in the so called “public interest”!!
This scam is practiced on every native until all our land is completely taken from us. Everything the intruders do is void as no land can be conveyed. A foreign for-profit private crown corporation does not have any right to deal with the “general public”, including band councils. A private company can only deal with their own employees, property and dependants. “Public” funds are used to enrich themselves by requisitioning this legitimate native property without using their own assets to do it. In fact, the funds could be coming from our “Indian Trust Funds”.
The band councils work dilligently for Canada.
Sections 35/52 of the Constitution Act of Canada 1982 and its band councils do not exist according to our way. Original people are caretakers and sovereigns of all turtle island for all future generations. The Crown has no claim on anything.
This is a new way to genocide us by “reconciliation ” with Canada through forced citizenship without physical slaughter as they did in the past.
Rumormillnews 224893 CGI’S empyyreal:CRD in Sook BC, Canada engaged in money laundering, unjust enrichment and fraud with proof. Sat. 24-Jun2023H
Lester Flatt and Earl Scruggs had an insight into the goings on of Indian reservations in Canada in the “The Ballad of Jed Clampett”:
Come and listen to a story ’bout a man named Jed Poor mountaineer barely kept his family fed Then one day he was shooting for some food, And up through the ground come a bubbling crude (Oil that is, black gold, Texas tea)
Well the first thing you know old Jed’s a millionaire Kin folk said Jed move away from there Said California is the place you oughta be So they loaded up the truck and they moved to Beverly (Hills that is, swimming pools, movie stars). . . .
MNN. June 20, 2023. The Kahnistensera, Mohawk Mothers of kahnawake, kanesatake, and akwesasne knew Louis karonhiaktajeh Hall, and were greatly influenced by his stories, philosophy and farsightedness. This podcast reveals many of his past, current and future insights into what lay ahead for the Mohawks.
The Mohawk Warrior Society is one of the most successful militant organizations in North America. Their predecessors were key to the defeat of the French in Quebec and the United States in the War of 1812. Today, the Warriors are best known for their role in the 1990 Oka standoff against the Canadian army. In the new book, The Mohawk Warrior Society: A Handbook on Sovereignty and Survival, the movement for the first time tells its own history.
We are joined by the editors of this unique anthology of resistance, Philippe Blouin, Matt Peterson, Malek Rasamny and Kahentinetha Rotiskarewake and also by Kwetiio and Karennatha who, along with Kahentinetha, are members of the group Kanien’kehà:ka Kanistansera, the Mohawk Mothers.
Louis will always be honored by the people. The world will never forget the warrior flag he designed. Even the Kingsmen back in the 60’s honoured Louis: Ah Louie Louie. Oh no, Said we gotta go. Yeah yeah yeah. Yeah yeah. Baby. Louie Louie. Oh baby. Said we gotta go. A fine little girl. She waitin for me. Catch a ship, across the sea. Sail that ship out all alone. Me never think how. I’ll make it home. I’ll make it home. Ah Louis Louie. No no no no. Make it home. . . .
L Lots is happening and we need basic information.
Please post & distribute.
MNN. March 31, 2023. OCTOBER 25TH, 2024, IS THE 100TH ANNIVERSARY OF THE PLANNED EXTINCTION OF THE INDIGENOUS PEOPLE. INSTEAD IT WILL BE THE CELEBRATION OF THE FAILURE OF THE PLAN TO “SOLVE THE INDIAN PROBLEM”.
The Pope announced that the Doctrine of Discovery has been recinded. He acknowledges and affirms the genocide happened in Canada. Canada supports the Pope’s comments through Sections 35 and 52 of the Constitution Act of Canada 1982 that the kaianerekowa is the law of the land and and that all Canadian laws are “null and void”. This is at odds with the enforcement of the “Indian Lands Act” and the “Indian ACT. The illegitimate government of Canada has plead guilty to all the genocide, i.e. residential schools, land theft, destruction and rape of our mother, ad nauseum.
We were always a natural part of turtle island. We have been blocked from taking care of our mother. The Doctrine underlies all the land transactions throughout Canada. It lead to the increased wealth and power of Europe which was the foundation for the industrial revolution, increased globalization, capitalism and neo capitalism. The colonial power Canada is Corporation # ISO CA 3166-1 registered in the Vatican, as are all corporations, based on the fraudulent Doctrine of Discovery. Indian Affairs is a department of the army and the war will never end until the military government of Canada is neutralized. Canada is a corporation owned by a few banking families that claim to own every municipality throughout turtle island and through the birth certificates of every child born in Canada.
The greatest form of slavery is when the slaves believe they are free. 500 plus reserves were created as prisoner of war camps on October 25, 1924 [Indian Lands Acts]. The end of the 100 year plan of our demise is now over! We will be free and Canada will be dissolved. Canada is a corporate operation masquerading as a country. The Montevideo Convention of 1932 sets out the criteria for a true country, which must have its own language, culture and land. Canada has none of these. They’ve here to exploit all our natural resources.
All these criminals and their families who take oaths to the King of England must be immediately arrested and excommunicated from our land. We never invited them here. All immigrants must ask us for our permission to come here and live amongst us under the law of the land, as caretakers of all of turtle island for future generations through nature, truth and justice. The multi generational invaders can never become indigenous to this land they call Canada. They must adhere to the indigenous law of peace.
The kaianerekowa is the law of the land. The usurpers rely on the law of the water, Admiralty laws. All courts in Canada are private corporations under Admiralty law.of the seas.
KAIANEREKOWA WILL NEVER RECOGNIZE CANADA. This law has been applied in Canada militarily to hold indigenous people in place and forcefully assert their admiralty jurisdiction on us so the Crown can plunder our resources.
THEY NEED TO HALT THEIR ECOCIDAL ASSAULT ON OUR MOTHER EARTH NOW! Canada is going to be accountable for the crime of genocide. In other words, Canada is an illegal entity that is based on genocide and theft and the penalty must be dissolution of Canada. Our planned celebration of the end of Canada will be October 25, 2024, exactly 100 years after the Minister of Indian Affairs proclaimed the “100 Year Plan to be Rid of the Indian Problem”. Germany and the world did not reconcile with the Nazis. Kaianerekowa can never reconcile with genocide.
These are truths. Canada must account for these truths.
Donavan sings about the first land out of the water, onowarekeh, turtle island. and the first humans to come on the earth, us.
The continent of Atlantis was an island Which lay before the great flood In the area we now call the Atlantic Ocean. So great an area of land, That from her western shores Those beautiful sailors journeyed To the South and the North Americas with ease, In their ships with painted sails. To the East Africa was a neighbour, Across a short strait of sea miles. The great Egyptian age is But a remnant of The Atlantian culture. …..The antediluvian kings colonised the world All the Gods who play in the mythological dramas In all legends from all lands were from far Atlantis. Knowing her fate, Atlantis sent out ships to all corners of the Earth. On board were the Twelve:The poet, the physician, The farmer, the scientist, The magician and the other so-called Gods of our legends. Though Gods they were – And as the elders of our time choose to remain blind Let us rejoice And let us sing And dance and ring in the new Hail Atlantis! . . .
Recently the Kahnistenseras of Kahnawake were invited to Hart House of University of Toronto to speak about current indigenous issues.
Globe & Mail 1964 republication of Feb. 11, 1965. ProQuest Historical Newspapers : “Self-Support Indian Goal“
Kahentinetha Horn, a lissum Indian, forecast an Indian in the future of every University of Toronto student who jammed Hart House art gallery yesterday to hear her talk on the arts and culture of contemporary Indians. Miss Horn prophesied that in 35 years, Canada’s Indian population would be 1,800,000 – or roughly one out of every 25 persons. would be an Indian, she said. “You are the privileged of the privileged”, she told the students. “You are the 82 per cent of the future leaders of Canada” – I represent the despairing 1 per cent who are multiplying rapidly in Canada. Now is the time you must learn about Indians to help us achieve our main goal.” The first goal of Indians is to be able to support themselves, she said. On each Wall of Hart House gallery hung paintings by Norval Morrisseau, Ojibway Indian from Beardmore, Ont. “They conveyed a message of the past”, Miss Horn said. “Such art flows through the blood of my brothers and sisters – but most of the benefits reaches the white man’s salons?” While Indian culture certainly encompasses significant art form, the arts of Indians have leaned more to warfare and politics, Miss Horn said. “For 20,000 years, the Indians have had a struggle to survive the forces of nature. The cultural arts come only with leisure – after survival.” The greats of her ancestors, the Iroquois, were related to politics and warfare. The United Nations concepts are modelled on the Iroquois Confederacy, for example. Their arts of warfare are the reasons the students speak English today instead of French, she said. That’s why you have Prime Minister Pearson as leader instead of President de Gaulle”. Most Indians, Miss Horn said, are unemployable. “I’m afraid technical sciences will keep Indians unemployable. We haven’t time to think about our arts. We have to keep our people alive. How to keep our women alive, for example, past the age of 45. Why does one out of 10 of our babies die before the age of 4? Don’t ask me why; nobody has ever researched the reason. It’s just a statistic. We need housing, medical care, community planning, training and education. We need an interest in welfare – there’ll be one of us in thec future for every one of you.
Note to readers: The population of indigenous people in Canada today is 1.800,000.
The Mohawk Warrior Society Book Launch and Screenings on Indigenous Sovereignty and Survival Tuesday, October 18, 2022 – Wednesday, October 19, 2022 11 a.m. – 4 p.m. 4TH SPACE J.W. McConnell Building, Concordia University 1400 De Maisonneuve Blvd. W., Montreal The Mohawk Warrior Society: Book Launch and Screenings on Indigenous Sovereignty and Survival
Join us for the launch of an unprecedented book, a public roundtable with members of the Kanien’keha:ka Rotiskenrakete of the Men’s Fire and Kanien’kehá:ka Kahnistensera, an activist group of Mohawk women from Kahnawake, and film screenings in celebration of Indigenous culture and resilience.
THE MOHAWK WARRIOR SOCIETY: A HANDBOOK ON SOVEREIGNTY AND SURVIVAL, is the centrepiece of our events. Containing new oral history by key figures of the Rotisken’rhakéhte revival in the 1970s, this compilation tells the story of the Warriors’ famous flag and other art, their armed occupation of Ganienkeh in 1974, and the role of their constitution, the Great Peace. This book launch is part of a two-day series of events and film screenings that foreground Kanien’kehá:ka activism, culture, and current issues within the broader rubric of Indigenous sovereignty.
See below for the full schedule:
October 18 11:00am – 4:00pm Round Table and Book Launch
October 19 1:00pm – 1:15pm
Welcome and Introduction 1:15pm – 2:00pm Film Screening: “Mohawk Nation” (1978) 2:00pm – 2:15pm
Short Break 2:15pm – 2:40pm Film Screening: “Rose” (2022) 2:45pm – 4:00pm
Open Discussion How can you participate? Join us in person or online by registering for the Zoom Meeting or watching live on YouTube.
MNN. FEB. 1, 2022. This amazing book contains new oral history by key figures of the Rotisken’rhakéhte’s revival in the 1970s, and tells the story of the Warriors’ famous flag, their armed occupation of Ganienkeh in 1974, and the role of their kaianerekowa constitution, the Great Peace, in guiding their commitment to freedom and independence.
The first collection of its kind, The Mohawk Warrior Society: A Handbook on Sovereignty and Survival uncovers a hidden history and paints a bold portrait of the spectacular experience of Kanien’kehá:ka survival and self-defense. In this anthology, Mohawk Warriors tell their own story with their own voices and serve as an example and inspiration for future generations struggling against the environmental, cultural, and social devastation cast upon the modern world. This 320-page book also has a stunning collection of over 40 full-color pages of paintings, artwork, and flyers by Louis Karoniaktajeh Hall. Learn more about the book and contributors below. Preorder your copy, check out all the rewards, and please consider choosing a “donation” option or add-on so we can send free copies to the kanien’keha:ka kahnistensera (Mohawk Mothers) who are based in Kahnawake to get them out into the world. Thanks in advance for your help getting this important book into the world!
The first collection of its kind, this anthology by members of the Mohawk Warrior Society uncovers a hidden history and paints a bold portrait of the spectacular experience of Kanien’kehá:ka survival and self-defense. Providing extensive documentation, context, and analysis, the book features foundational writings by prolific visual artist and polemicist Louis Karoniaktajeh Hall (1918–1993)—such as his landmark 1979 pamphlet, The Warrior’s Handbook, as well as selections of his pioneering artwork. This book contains new oral history by key figures of the Rotisken’rhakéhte’s revival in the 1970s, and tells the story of the Warriors’ famous flag, their armed occupation of Ganienkeh in 1974, and the role of their constitution, the Great Peace, in guiding their commitment to freedom and independence. We hear directly the story of how the Kanien’kehá:ka Longhouse became one the most militant resistance groups in North America, gaining international attention with the Oka Crisis of 1990. This auto-history of the Rotisken’rhakéhte is complemented by a Mohawk history timeline from colonization to the present, a glossary of Mohawk political philosophy, and a new map in the Kanien’kéha language. At last, the Mohawk Warriors can tell their own story with their own voices, and to serve as an example and inspiration for future generations struggling against the environmental, cultural, and social devastation cast upon the modern world.
The book is by Louis Karoniaktajeh Hall, Kahentinetha Rotiskarewake, Philippe Blouin, Matt Peterson, and Malek Rasamny.
Praise
“While many have heard of AIM & the Red Power movement of the ’60s and ’70s, most probably do not know the story of the Mohawk warriors and their influence on Indigenous struggles for land and self-determination, then and now. These include the 1974 Ganienkeh land reclamation (which still exists today as sovereign Mohawk territory), the 1990 Oka Crisis (an armed standoff that revived the fighting spirit & warrior culture of Indigenous peoples across North America), and the Warrior/Warrior Unity flag, a powerful symbol of Indigenous resistance today commonly seen at blockades & rallies. The Mohawk Warrior Society tells this history in the words of the Mohawks themselves. Comprised of interviews with some of the key participants, as well as The Warrior’s Handbook and Rebuilding the Iroquois Confederacy (both written by Louis Karoniaktajeh Hall, who also designed the Warrior/Unity flag), this book documents the important contributions Mohawk warriors have made to modern Indigenous resistance in North America.” —Gord Hill, Kwakwaka’wakw, author of 500 Years of Indigenous Resistance and The Antifa Comic Book
“This clear and stimulating book had me on edge from beginning to end. No matter who we are we can learn from these histories of the Iroquois Confederacy as related by its present-day members, lessons pertaining to non-hierarchical political organization and the care of the land. In the age of Black Lives Matter this work makes the case for autonomous life-spaces free of US or Canadian state control.” —Michael Taussig, Class of 1933 Emeritus Professor of Anthropology, Columbia University, City of New York
“This book is a window into a world seldom glimpsed by Europeans and their settler descendants. Revealed to us is the inner vision of First Nation liberation movements that emerged from forms of government within which group autonomy and individual freedom have been cherished for thousands of years. Despite inspiring the US Constitution, these confederacies were heavily repressed and forced underground. At the end of the 1960s, the Warrior Society was rekindled by seven original members who vowed to defend their people against state violence depriving them of their rights. Overnight, they were joined by hundreds throughout Mohawk lands, then thousands all over the Iroquois Confederacy, with supporters from the East Coast to the West Coast in North and South America. The Warrior Society emerged within a broader cultural renaissance that imbued traditional matrilineal cultures with new vitality. As part of the global awakening of the 1960s, they were more popularly rooted than AIM or the Black Panthers. Their Great Law provides an ecological and democratic framework for peaceful coexistence of all peoples.” —George Katsiaficas, author of The Subversion of Politics: European Autonomous Social Movements and the Decolonization of Everyday Life and The Global Imagination of 1968: Revolution and Counterrevolution
“This book takes the reader behind the masks of the Mohawk Warrior Society, exploring the deep roots of the controversial Indigenous movement that precipitated the 78-day standoff at Oka in 1990. Offering unprecedented oral histories, concept glossaries, and transcripts of internal documents, this auto-history presents the perspective of the Rotisken’rhakéte in their own words. All readers interested in contemporary Indigenous resistance to colonialism will find much of value in this unique compendium that goes beyond the well-known symbols to explain their origins and meaning.” —Jon Parmenter, Associate Professor of History at Cornell University, and author of The Edge of the Woods: Iroquoia, 1534–1701
“The Mohawk Warrior Society is an excellent collection of stories about colonialism and resistance in Turtle Island—a must read for settler allies seeking to learn and unlearn the histories of colonial violence that structure our contemporary relations. In providing vital histories of state repression and Indigenous resilience, the teachings in this volume can inform all contemporary efforts working towards decolonialization.” —Jeffrey Monaghan, Criminology and Criminal Justice, Carleton University, co-author of Policing Indigenous Movements: Dissent and the Security State
“I’ve been blessed because I came to know the Unity Flag by seeing Oka on TV when I was young. When I got married they wrapped us with the flag, it has been a part of all the spiritual ceremonies that I went to, it has been present at every blockade. Along with the Women’s Warrior Flag, it’s a symbol that’s embedded in our spirit, and it’s always been an inspiration. Louis Hall, Ganienkeh, and The Warrior’s Handbook were way ahead of their time, back when people were just starting to fight back, fighting to get their land back. The intention of The Warrior’s Handbook and Unity Flag was for all Indigenous nations throughout the hemisphere and really the whole world to unite, and first and foremost to fight. That’s why this book is so important, it’s something that Louis Hall has gifted to all red nations.” —Kanahus Freedom Manuel, Indigenous land defender, Secwepemc Women Warrior Society, Tiny House Warriors
“This is a compelling account of the political struggle for the return of indigenous thought through the words of those Kaianerehkó:wa Mohawks affiliated with the original 1970s Warrior Society. It offers a trenchant and witty critique of settler colonialism together with a body of teachings aimed at re-establishing balance and harmony. It is for the Kanien’kehá:ka, the indigenous peoples of Turtle Island, and all people troubled by the state of our relations to each other and to the beings of the land that make us as well as those who care for it.” —Eduardo Kohn, Associate Professor of Anthropology at McGill University, and author of How Forests Think
About the Contributors
Louis Karoniaktajeh Hall (1918–1993) was a prolific Kanien’kehá:a painter and writer from Kahnawake, whose work continues to inspire generations of indigenous people today. A man of all trades, Karoniaktajeh worked as a butcher, a carpenter, and a mason. Initially groomed for a life in the priesthood, Karoniaktajeh (on the edge of the sky) began his life as a devout Christian before later turning against what he saw as the fallacies of European religion, and deciding to reintegrate himself into the traditional Longhouse and help revive “the old ways.” Appointed as the Secretary of the Ganienkeh Council Fire, he became a prominent defender of indigenous sovereignty, and was instrumental in the reconstitution of the Rotisken’rhakéhte (Mohawk Warrior Society). His distinctive artwork includes the iconic Unity Flag, which still symbolizes indigenous pride across Turtle Island (North America). His legacy as a revivor and innovator of traditional Mohawk culture includes his works The Warrior’s Handbook (1979) and Rebuilding the Iroquois Confederacy (1980). Both these texts, which served during their time as a political and cultural call to arms for indigenous communities across Turtle Island, were initially printed by hand and distributed in secret.
Kahentinetha Rotiskarewake is a Kanien’kehá:ka from the Bear Clan in Kahnawà:ke. Initially working in the fashion industry, Kahentinetha went on to play a key role as speaker and writer in the indigenous resistance, a role which she has fulfilled consistently for the last six decades. During this time she witnessed and took part in numerous struggles, including the blockade of the Akwesasne border crossing in 1968. She has published several books including Mohawk Warrior Three, and has been in charge of running the Mohawk Nation News service since the Oka Crisis in 1990. She now cares for her twenty children, grandchildren, and great-grandchildren. Kahentinetha means “she who is always at the forefront.”
Philippe Blouin writes, translates, and studies political anthropology and philosophy in Tionni’tio’tià:kon (Montreal). His current PhD research at McGill University seeks to understand and share the teachings of the Tehiohate (Two Row Wampum) to build decolonial alliances. He has published essays in Liaisons, Stasis, and an afterword to George Sorel’s Reflections on Violence.
Matt Peterson is an organizer at Woodbine, an experimental space in New York City. He is the co-director of The Native and the Refugee, a multi-media documentary project on American Indian reservations and Palestinian refugee camps.
Malek Rasamny co-directed the research project The Native and the Refugee and the feature film Spaces of Exception. He is currently a doctoral candidate in the department of Social Anthropology and Ethnology at the Ecole des hautes études en sciences sociales (EHESS) in Paris.
Details
The Mohawk Warrior Society: A Handbook on Sovereignty and Survival Editors: Louis Karoniaktajeh Hall • Edited by Kahentinetha Rotiskarewake, Philippe Blouin, Matt Peterson, and Malek Rasamny Series: PM Press ISBN: 9781629639413 Published: 05/24/2022 Format: Paperback Size: 6×9 Pages: 320 Subjects: SOCIAL SCIENCE / Native American Studies • HISTORY / Indigenous Peoples of the Americas • POLITICAL SCIENCE / Colonialism & Post-Colonialism
Table of Contents
Part I. 1. An Introduction to Sovereignty and Survival Part II. An Oral History of the Warrior Society 1. Tekarontakeh 2. Kakwirakeron 3. Kanasaraken 4. Ateronhiatakon Part III. Rekindling Resistance 1. Basic Principles of the Kaianerekó:wa, by Kahentinetha (1997) 2. The Iroquoian Use of Wampum, by Ateronhiatakon (1988) 3. I Am A Warrior, by Karhiio Part IV. On Karoniaktajeh 1. Who was Karoniaktajeh?, by Kahentinetha 2. Karonhiaktajeh Remembered Part V. Karoniaktajeh’s Writings 1. Ganienkeh Manifesto (1974) 2. Warrior’s Handbook (1979) 3. Rebuilding the Iroquois Confederacy (1985) Part VI. Appendices 1. Mohawk Warrior History Timeline 2. Skakwatakwen Concept Glossary 3. Place and Peoples Names 4. Pronunciation Guide
Detail of the reversible benefit bandana
All proceeds go to Resist Line 3–Camp Migizi. The bandanas are union made and printed with the text:
Water is Life / Resist all pipelines
Land Back / Burn down settler colonialism
Designed by Mantis, a Diné Two-Spirit Tattoo Artist living and fighting alongside Migizi on the frontlines of Line 3. Working towards decolonization and land back baybeeee.
We think karonhiaktajeh Louie Hall would love the words in this song: “Louie, Louie, we gotta go. yeah, yeah, yeah, yeah, yeah!”
MNN. Jan. 14, 2022. [Thahoketoteh of MNN on FCC Court case.] Day 1, Federal Court of Canada. The prothonotary/judge, the lawyers for McGill, Montreal City, Quebec Government and Stantec Construction listed the court’s protocol demands for the whole two hours on Zoom. The kahnistensera Mohawk Mothers wanted to discuss the “substance”, which is the investigation of the unmarked graves of the children behind McGill University. The judge and the rest wanted the kahnistensera to each have a lawyer who knows the court rules. Even appointing one on their behalf. Those who represent themselves delay the justice system and the state wins by twisting around its rules. They want to avoid the kanienkehaka culture. They allotted two days for the women to answer their procedural questions. In the end, to get them out of their court system, they suggested outside mediation so there would be no resolution.
COURT TACTIC #1: THROW THOSE WOMEN INTO OUR PROCEDURAL SWAMP!
AUDIO:
No: T-1696-21
FEDERAL COURT
BETWEEN:
THE KANIEN’KEHA:KA KAHNISTENSERA (MOHAWK MOTHERS) KAHENTINETHA, KAWENAA, KARENNATHA AND KARAKWINE, supported by the MEN’S FIRES OF KAHNAWAKE, AKWESASNE, KANEHSATAKE, OHSWEKEN AND KENHTEKE
Applicants
And
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES,
MCGILL UNIVERSITY; OFFICE OF THE PRINCIPLE & VICE CHANCELLOR;
CONSIDERING THAT on Jan. 14, 2022, 1:30 PM-EST the Federal Court Prothonotary and the Respondents have asked the Applicants to file a notice of motion on the following subjects:
Representation
Sequencing
Out of court litigation
THE MOTION SEEKS to (1) explain why the traditional protocol that the kaianerekowa, great peace, provides that the sovereign rotinonhsonni Applicants do not use a lawyer; (2) Confirm that the Applicants’ original request for an injunction must precede the Respondents’ motion to strike the case out of the Federal Court; and (3) notice to the parties that a litigation before the International Court of Justice of The Hague may be envisioned.
THE GROUNDS FOR THIS MOTION ARE AS FOLLOWS:
In accordance with our traditional protocol, the above questions were submitted to the kahnistensera (Mohawk Mothers), who have interpreted the provisions of our precolonial constitution, the kaianerekowa.
Representation
Our case refers to Sections 35 and 52 of the Constitution of Canada Act, 1982, which states that “the existing pre-colonial aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. The Aboriginal rights of the rotinonshonni people is the kaianerekowa, great peace, whose constitution does not recognize other laws. Pursuant to 52, the supreme law of Canada establishes all laws of Canada are inconsistent with the kaianerekowa and therefore of no force or effect. The kahnistensera are strictly following the protocols provided by the kaianerekowa at all steps of this legal process.
The Prothonotary, and the four lawyers for the Respondents suggest that the kahnistensera get a lawyer to represent them so the case can move faster and easier for them. According to the kaianerekowa this will not be possible, as each kahnistensera is sovereign, has the right to be heard, and must represent herself through the established way. The kahnistensera are not a “group” and do not have any “spokesperson”. kaianerekowa provides they have an obligation to each put our own words into the issue through our protocol.
Our decisions are based on going back to the people for their words. In our way everyone’s voice must be heard through our clans. Our consensus-based culture does not allow a single “spokesperson” to make a decision without consulting the people. Each must voice their opinion according to tentewatate’nikokonhri:sakta, “to search in each other’s minds for the truth”. The kaianerekowa values decorum where one speaks, and all listen until the speaker completes their thoughts. We listen to our opponents and do not immediately answer. We take it back to our people for their minds. We then bring back their words. We each represent our people and their words. This has been our way since time immemorial.
Advising us to have a lawyer is imposing a protocol on us which is inconsistent with the kaianerekowa. A lawyer or spokesperson with no cultural background on the language, culture and substance of the kaianerekowa would be inconsistent with our law and damage our cause. They don’t know who we are. A lawyer has a sworn allegiance to uphold the laws of Canada, which Section 52 declares are of no force or effect. Also, they would expect to be paid for having us teach them our culture and how to try to litigate our case. By contrast with the Respondents, we are not a corporation having the kind of money necessary for such a process.
Sequencing
As to sequencing, we are adamant that our original demand to order an injunction is an urgent matter that cannot be delayed by court technicalities. We were prepared to address this timely issue during our hearing on January 14th, 2022. We were mislead. Instead of treating the issue, the 2-hour hearing only dealt with court technicalities which have no grounding in our culture and our law. We are ready to state our case.
We wish to deal with the substance for relief as soon as possible. The motion to strike out our cause will not be necessary if the Federal Court abides by Sections 35 and 52 of the Constitution Act of Canada, 1982, which show that the motion to strike out our case concerns mostly procedural rules which are of no force or effect given their inconsistency with our sovereign Aboriginal law, the kaianerekowa.
The kaianerekowa, great peace, does not suggest any difference between local, regional, provincial, federal, commonwealth, private or public courts. It is concerned with the self-preservation of indigenous lives and cultures that face genocide at the hands of colonists trespassing on our land. We want Sections 35 and 52 of the Constitution to be enforced over the people that are using the laws of Canada to violate the kaianerekowa, our land, our people, and our culture.
The only relevant subject of discussion is the action that must be taken immediately to make sure the Respondents do not allow the concealing of the unmarked graves of our people on the site of the Royal Victoria Hospital and the Allan Memorial Institute.
TRUDEAU: “YES, I CONFESSED THAT IT WAS GENOCIDE”.
Out of court litigation
As for bringing this case before a dispute resolution table for discussion in another jurisdiction, we had raised this possibility with McGill University before filing our first motion at the Federal Court and was never responded to. The Société québécoise des infrastructures contacted the Band Councils, which were invented by the Canadian Parliament as part of the racist Indian Act which was forcibly imposed on our people as a means for genocide. Prime Minister Trudeau acknowledged this. The way the Respondents disregarded the role of the kahnistensera by contacting the Canadian government’s agents, the Band Councils, indicates that they have no interest in resolving this matter by kaianerekowa methods. This tactic will lead to unnecessary further delay.
This is a serious case involving potential unmarked graves of children, whose recovery is provided by the United Nations Declaration on the Rights of Indigenous People UNDRIP. The case cannot waste time in out of court litigation which would postpone the relief sought. According to the kahnistensera, the kaianerekowa does not respect mediation or other alternative methods invented by the court for resolving these issues.
In case the Federal Court does not abide by its obligations in Sections 35 and 52, the only alternative for dispute resolution is in the International Court of Justice in the Hague, established in 1903. This was the first world court signed by all countries in the world as the non-Admiralty dispute resolution court for all nations.
Conclusion
The resolution to this issue is based on the Constitution Act of Canada, 1982, [Sections 35 [1] and 52[1] which provides “the existing pre-colonial aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section 52[1] affirms that “any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect”. The notwithstanding clause Section 33 of the Constitution does not touch Sections 35 and 52. It only applies to Section 2, and Sections 7 to 15 of the Charter of Rights found in the Constitution Act 1982. Therefore, the kaianerekowa is the existing law of the land since time immemorial and cannot be revoked or changed as it is based on the natural world. Therefore, all laws not recognized by the kaianerekowa are of no force or effect on any of our land. Although the Constitution of Canada acknowledges and affirms the kaianerekowa, the kaianerekowa does not recognize Canadian courts, laws and procedures, which are not based on nature.
We cannot have a lawyer appointed for us to say our words. This violates our law and culture. Everyone has a right to represent themselves according to the kaianerekowa. As the Federal Court of Canada is a foreign court that our law does not recognize, we are addressing it for the sole purpose of asking the Federal Court to ensure its citizens follow their own laws and stop trespassing, stealing, and killing us. This is the substance we wish to deal with. There should be no further delay in the judge entering the proper judgment.
We want acknowledgement of the genocide that occurred and the current trauma of the victims by dealing with issues of unmarked graves more promptly without delay by judicial technicalities that are of no force and effect according to the Constitution of Canada.
The kanien’kehá:ka kanistensera: kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke.
Me Alexandre Rouanet-Bazinet, BERGERON, DENILLE & ASSOCIATES, Counsel for the defendant Société québécoise des infrastructures E-mail: arouanetbazinet@sqi.gouv.qc.ca : 438-831-4032 / f.: 514 873-2516 DAJ@sqi.gouv.qc.ca
Me Brigitte Savignac, CLYDE & CIE CANADA S.E.N.C.R.L. Counsel for the defendant Stantec inc., 630, boul. René-Lévesque Ouest, Bureau 1700 Montréal (Québec) H3B 1S6, Telephone : (514) 843-3777 Brigitte.savignac@clydeco.ca
Me Doug Mitchell, IMK AVOCATS, Counsel for the defendant McGill University, Place Alexis Nihon / Tower 2, 3500 De Maisonneuve Boulevard West, Suite 1400, Montreal (Quebec) H3Z 3C1, Telephone 514 935-2725
Me Simon Vincent, BÉLANGER SAUVÉ, S.E.N.C.R.L., Counsel for the defendant City of Montreal, 5, Place Ville Marie, bureau 900, Montreal (Quebec) H3B 2G2, Telephone: 514 876-6203
niawen’kowa.
Shania Twain knows aboutfirst impressions: She’s not impressed: [that don’t impress me much].
[Thahoketoteh of MNN coverage of FCC v. kahnistensera court case] The teiohateh two row is the relationship between us and the colonists, the canoe and the ship. The peace, friendship and respect was to keep us side by side on our land and water. The ship is temporarily tied to our land with the silver covenant chain. We are now asking those on the ship to respond.
PART I AUDIO: [in 3 parts]
MNN. Jan. 10, 2022. Section 35 [1] of the Constitution Act of Canada, 1982, provides “the existing precolonial aboriginal and treaty rights of the aboriginal people [of turtle island] ARE HEREBY RECOGNIZED AND AFFIRMED”. Section 52 [1] affirms that “‘any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, OF NO FORCE OR EFFECT.
Therefore, the kaianerekowa, which is the existing aboriginal legal system which we have inherited from precolonial times which was never revoked or conceded, is the supreme law of “Canada”. All laws not recognized by kaianerekowa are of no force or effect on any of our land.
AUDIO
No: T-1696-21
FEDERAL COURT
BETWEEN:
THE KANIEN’KEHA:KA KAHNISTENSERA (MOHAWK MOTHERS) KAHENTINETHA, KAWENAA, KARENNATHA AND KARAKWINE, supported by the MEN’S FIRES OF KAHNAWAKE, AKWESASNE, KANEHSATAKE, OHSWEKEN AND KENHTEKE
Applicants
And
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES,
MCGILL UNIVERSITY; OFFICE OF THE PRINCIPLE & VICE CHANCELLOR;
CITY OF MONTRÉAL; and STANTEC CONSTRUCTION:
Respondents
APPLICANTS’ RESPONSE TO THE RESPONDENTS’ REQUEST
TO STRIKE OUT THE APPLICANTS’ PLEADING
(Rules 4, 8, 25, 221 and 369 of the Federal Courts Rules)
TABLE OF CONTENTS
Notice of Motion………………………………….………………………………….…..3
Written Submissions of the defendant…………….….…………………………………..6
Proposed Court Order …………………………………………………………………..16
CONSIDERING THAT the SQI Société québécoises des infrastructures (« SQI ») will present a request to strike out the Applicants’ motion to the Court on January 14, 2022, at 1:30 PM-EST.
THE MOTION SEEKS to (1) confirm that the Federal Court is the competent court to judge the present case.
THE GROUNDS FOR THIS MOTION ARE AS FOLLOWS:
In their Avis de requête, the Respondents suggest that the Federal Court would not have the ability to judge our case and ask to strike it out.
The Respondents allege that the case does not meet the three-part test established by the Supreme Court to determine if it belongs to the jurisdiction of the Federal Court.
However, as sovereign traditional rotinonhsonni people, the Applicants are adamant that the Federal Court is the only instance available within the State of Canada which can examine their case, as it concerns the nation-to-nation relationship between Canada and the rotinonhsonni confederacy.
The Applicants argue that not receiving the case in the Federal Court would violate the Silver Covenant Chain and Two Row Wampum treaties between the Rotinonhsonni Confederacy and the British Crown the fiduciary obligation of the Crown towards Indigenous peoples, the Royal Proclamation of 1763 and the Constitution of Canada, 1982. The Rotinonhsonni Confederacy has no dialogue or historical relationship with the Canadian province of Quebec, which lacks competence in Indigenous issues.
The Applicants also argue that the case concerns Bill-15, which is an Act of the Canadian Parliament, acknowledging and affirming the United Nations Declaration on the Rights of Indigenous People, notably the right to patriate human remains.
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
ADRESSED TO:
Me Alexandre Rouanet-Bazinet,BERGERON, of DENILLE & ASSOCIATES, Counsel for SQI the defendant Société québécoise des infrastructures E-mail: arouanetbazinet@sqi.gouv.qc.ca : 438-831-4032 / f.: 514 873-2516 DAJ@sqi.gouv.qc.ca
Me Brigitte Savignac, of CLYDE & CIE CANADA S.E.N.C.R.L., Counsel for the defendant Stantec inc., 630, boul. René-Lévesque Ouest, Bureau 1700, Montréal (Québec) H3B 1S6, Telephone : (514) 843-3777, Brigitte.savignac@clydeco.ca
Me Doug Mitchell, of IMK AVOCATS, Counsel for the defendant McGill University, Place Alexis Nihon / Tower 2, 3500 De Maisonneuve Boulevard West, Suite 1400, Montreal (Quebec) H3Z 3C1, Telephone 514 935-2725
Me Simon Vincent, of BÉLANGER SAUVÉ, S.E.N.C.R.L., Counsel for the defendant, City of Montreal, 5, Place Ville Marie, bureau 900, Montreal (Quebec) H3B 2G2, Telephone: 514 876-6203
WRITTEN SUBMISSIONS OF THE APPLICANTS
Context
The plaintiffs hereby requesting an injunction order from the Federal Court of Canada are the kahnistenhsera (life-givers, i.e. women), which wampum 44 of the kaianerekowa, the precolonial constitution of the rotinonhsonni (Iroquois) confederacy, declares as the sovereign caretakers of a’nowarà:ke, turtle island, for the coming generations, tahatikonhsontóntie. As sovereign indigenous people, the kaianerekowa is our basis of all adjudication and resolution, and our duties and rights are exercised in our protocols, clan system and oral tradition which come from time immemorial.
Following serious allegations that Indigenous children were used and may have died from being subject to MK-Ultra “mind control” experiments conducted by Dr. Ewen Cameron at McGill University’s Allan Memorial Institute in the 1950s and 1960s, the kahnisténhsera have demanded the immediate cessation of planning and construction work on the sites of the Royal Victoria Hospital and the Allan Memorial Institute authorized by the City of Montreal (file 1217400001) to investigate potential unmarked graves on site.
In a letter to the Office de Consultation Publique de Montréal (OCPM) dated November 9, 2021, the Provost and Vice-Principal (Academic) of McGill University has agreed that an investigation into unmarked graves on said sites was necessary and committed to collaborating in it. However, no effort has been done to reach out to the kahnisténhsera to realize this investigation. The Société québécoise des infrastructures (SQI), which was declared to be the owner of the Allan Memorial Institute by Nicole Brodeur, president of the OCPM, during the hearing of the kahnisténhsera, has contacted the Band Council offices of Kahnawake and Kanehsatake on November 9, 2021, to discuss collaborating on the matter. However, Band Councils have no jurisdiction on traditional indigenous homelands outside of the boundaries of reservations, and they are in a conflict of interest given that they as allies administer funds from the federal government of Canada, which unconstitutionally imposed the Band Council system on the kanien’keha:ka people through the Indian Act. Moreover, the SQI has later denied owning the said sites.
The kahnisténhsera are still waiting for the parties involved to collaborate and provide funding for a kahnisténhsera led investigation on potential atrocities conducted on the sites of the Royal Victoria Hospital and Allan Memorial Institute. The unmarked graves of our children are part of the ongoing crimes against humanity and genocide of the indigenous people in Canada, following the definition of the United Nations 1948 Genocide Convention. Recovering the remains of Indigenous people killed because of genocidal policies has been acknowledged as an utmost priority by the Truth and Reconciliation Commission of Canada and the United Nations Declaration on the Rights of Indigenous People, whose validity has been affirmed by the Parliament of Canada in Bill C-15
As kahnisténhsera the Applicants are seeking relief by requesting the Federal Court of Canada to issue an order impeding demolition and construction work on said sites in order to allow an Indigenous-led archaeological and forensic investigation on the presence of human remains.
Through the lawyers of the Société Québécoise des infrastructures, the Respondents have filed a Dossier de requête en radiation d’une demande et en prolongation de délai to the Court on December 7, 2021. They argue that the Federal Court lacks the jurisdiction to judge the case.
The Applicants are adamant that the Federal Court of Canada is the proper court to examine the case. The following arguments explain why.
Arguments
The Respondents argue that the case does not pass the test created by the Supreme Court in Windsor (City) v. Canadian transit co, 2016 SCC 54 (“Windsor”), to determine the jurisdiction of the Federal Court determined by the Federal Court Rules, R.S.C. 1985, c F-7 (“FCA”); 1] There must be a grant of jurisdiction by an Act of the Federal Parliament; 2] There must be a body of federal law that is essential to the resolution of the dispute and is the basis for the statutory grant of jurisdiction; 3]The law relied upon in the case must be “a law of Canada” within the meaning of section 101 of the Constitution Act, 1867.
The Respondents argue that Article 35 of the Constitution Act of Canada, 1982, which the Applicants rely on in their original motion, is not a “law of Canada” within the meaning of section 101 of the Constitution Act, 1867.
The argument used in Windsor para. 63 makes a distinction between Canada as a country and Canada as a level of government within Canada, stating that “After the 1982 ‟patriationˮ, the Constitution is certainly a law of Canada the country, as opposed to a law of the United Kingdom, but it is not one of the “Laws of Canada”, the federal laws, referred to in 101of the Constitution Act, 1867.” In para. 64, it states that “Surely constitutional law is neither federal nor provincial. The Constitution logically precedes that distinction”. It is on that basis that it concluded in para. 33 that by addressing the Constitution of Canada, the Canadian transit company was not addressing the jurisdiction of a Federal Court, as it was “not seeking relief “under an Act of Parliament or otherwise” (i.e., under federal law) as required by s. 23(c) of the Federal Courts Act. Section 23”.
However, the Applicants are adamant that the Federal Court of Canada is the only court available in the legal system of the State of Canada to examine the case.
It must be noted that even though it would confer jurisdiction to the Federal Court of Canada, the Applicants are not seeking relief under the provisions of the Specific Claims Tribunal Act, which only concerns non-sovereign “First Nations” incorporated under the Indian Act, who have thus relinquished their sovereign rights protected by the United Nations Declarations on the Rights of Indigenous People and the Constitution of Canada, 1982. The Specific Claims Tribunal Act only allows for monetary compensation; whereas the present case concerns issues of sovereignty, land and genocide which cannot be resolved only with monetary compensations. Consequently, the jurisdiction of the Federal Court of Canada is rather evidenced by the following points:
First, para. 4 of the Federal Court Rules, R.S.C. 1985, c F-7 states that “The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims”. The fiduciary responsibility of the Crown vis-à-vis the sovereign Indigenous peoples of a’nowarà:ke, turtle island, is an obligation of the Crown engaging the Federal Court as a referee in conflicting claims between the Applicants and the Respondents.
Second, the case engages strictly Federal jurisidictions and responsibilities, such as the Calls for Action of the Truth and Reconciliation Commission of Canada indicating that the search for unmarked graves is a top priority for the State of Canada to advance “reconciliation” with Indigenous peoples.
Third, most importantly the case directly engages at least one “law of Canada” in the meaning of section 101 of the Constitution Act, 1867. This law is Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the Parliament and Senate of Canada, and having received royal assent on June 21, 2021. In para. 17a, the Act affirms “the Declaration as a universal international human rights instrument with application in Canadian law.” The current motion asks the Federal Court of Canada to assess the application of Bill C-15, as an “Act of Canada” in the current issue. Provided that the search for unmarked graves of sovereign Indigenous peoples, their right not to be subjected to genocide, and their right not to own and to live freely in their traditional unceded lands constitute the backbone of the present case, the following paragraphs from the United Nations Declaration on the Rights of Indigenous Peoples apply directly to it:
PART II AUDIO:
(Art. 1) Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and international human rights law.
(Art. 7) 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
(Art. 12) 1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
(Art. 19) States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
(Art. 25) Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
(Art. 26) 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
(Art. 27) States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.
Fourth, the case directly engages the original jurisdiction of the Federal Court for extraprovincial matters. This extraprovincial jurisdiction applies to conflicting claims between subject and subject, and not only to claims where the Crown is a party. 25 of the Federal Court Rules, R.S.C. 1985, c F-7 (“FCA”) states: “The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy”. It is a fact that no other court has jurisdiction in respect of the present claim, which engages the fiduciary responsibility of the Crown vis-à-vis Indigenous peoples, Bill C-15 as a law of Canada, and the Constitution of Canada, 1982.
Fifth, the Respondents’ argument to strike out the case based on the Supreme Court ruling in Windsor to the effect that the Constitution of Canada is not a “law of Canada” rather reinforces the Applicants’ claim that the Federal Court of Canada is the only available instance within the State of Canada that may examine the case. The following reasons lead to this conclusion:
The Respondents base their argument for striking out the case on the notion that the Constitution of Canada, 1982, is not a “law of Canada” within the meaning of section 101 of the Constitution Act, 1867. Yet the Respondents fail to mention the Applicants’ reference to Article 52 of the Constitution of Canada, 1982, which states that it is the “Supreme law of the land”, that all the “laws of Canada” that are not consistent with the Constitution are null and void, and that its provisions are not subject to the Notwithstanding Clause [that nothing can contradict the kaianerekowa that supercedes anything and everything.]. This includes Article 35, which “affirms” the “existing rights” of “Aboriginal people”, and cannot be revoked. On the unceded Kaienke’ha:ka territory of Montreal, the supreme law of the land acknowledged the Constitution of Canada, 1982, is the kaianerekowa (Great Peace, constitution of the rotinonhsonni confederacy), which states that the Applicants, as kahnisténhsera, are the sovereign caretakers of the land.
The rotinonhsonni (Iroquois) confederacy has an historical nation-to-nation agreement with the British Crown, namely the Silver Covenant Chain which Queen Elizabeth II has polished in the sovereign kanien’keha:ka territory of Tyendinaga in 2010. The Silver Covenant Chain originally allowed the British ship to dock at a’nowarà:ke, provided that it would respect the teiohá:te (Two Row Wampum), stating that the European peoples’ ship would not encroach on the ways of life and the land of Indigenous peoples. When the Constitution of Canada was “patriated” in 1982, it has been assumed that Canada would inherit the fiduciary responsibility and the nation-to-nation relationship with Indigenous peoples previously assumed by the Crown of the United Kingdom. However, the Province of Quebec has never established any diplomatic relationship with the traditional government system of the rotinonhsonni (Iroquois) confederacy, and therefore lacks jurisdiction in matters concerning traditional rotinonhsonni and kanien’keha:ka peoples.
If the Supreme Court ruling in Windsor states that the Constitution of Canada, 1982, is not a “law of Canada”, it is because it is higher than all the “laws of Canada”, and overrides them by virtue of Article 52. As it acknowledged that the Constitution of Canada is higher than the “laws of Canada”, this argument cannot be used to send the current case to a lower court, but implies that it belongs to the highest possible court. If the Federal Court does not assert jurisdiction, and if no such higher court is available within Canada, it is because the case belongs to the sovereign jurisdiction of the rotinonhsonni confederacy, the kaianerekowa (Great Peace) on its unconceded traditional homeland.
Traditionally, the nation-to-nation relationship between the sovereign rotinonhsonni confederacy and the sovereign of Canada, the Crown of the United Kingdom was in the legal jurisdiction of the Privy Council of the Commonwealth of the United Kingdom. As a British court, the Privy Council was the “higher court” assuming jurisdiction over the relationship between the “laws of Canada” and sovereign Indigenous peoples. However, the Privy Council of the Commonwealth was abolished in 1949, and the Canadian federal courts inherited its judicial obligations vis-à-vis Indigenous peoples.
If the Federal Court of Canada is not the highest court having jurisdiction over constitutional matters engaging sovereign Indigenous peoples, the Applicants would appreciate to know which is the higher court responsible for upholding the Constitution of Canada, 1982.
In the meanwhile, the Applicants’ understanding is that Article 52 of the Constitution of Canada, 1982, affirms that all the “laws of Canada” that are inconsistent with the Constitution are null and void, and that the Notwithstanding Clause does not apply to the Constitution. This includes Article 35, which acknowledges the sovereignty of “existing Aboriginal rights”, which in the case of the traditional homeland of the rotinonhsonni and kanien’keha:ka peoples, is the kaianerekowa (Great Peace).
The Applicants also point out that the Royal Proclamation of 1763, where the British Crown promised that Indigenous peoples would not be “disturbed” in their sovereign unceded territories, has never been revoked, and is still part of the constitutional groundwork of Canada.
In essence, the Applicants argue that the case is brought before the Federal Court of Canada because it concerns Canadian subjects who have violated the supreme law of the land, the constitution of the rotinonhsonni confederacy, the kaianerekowa (Great Peace), whose supremacy is acknowledged by the Constitution of Canada, 1982, the United Nations Declaration on the Rights of Indigenous People. It is the fiduciary obligation of the Crown to uphold the kaianerekowa.
OUR FIGHT IS NEVER BEHIND US UNTIL THE GREAT PEACE WINS.
PART III Audio
Clarifications on traditional rotinonhsonni protocol :
The 1763 Royal Proclamation, the 1982 Constitution Act of Canada, the Constitution of the United States of America and all other legal foundations of settler colonial occupation have no power to turn trespassers into true natural sovereigns on a’nowarà:ke, turtle island. According to the kaianerekowa, great peace, the kahnisténhsera, “life-givers”, are each the sovereign caretakers for the coming generations, tahatikonhsontóntie. The kaianerekowa provides that any decision must be gained through our clan system and our consensual decision-making process.
The Silver Covenant Chain and the teiohá:te (Two Row Wampum) is the protocol that originally allowed European settlers to share an existence on a’nowarà:ke, turtle island. The settlers agreed to keep their culture, language, and ways on their ship, ensuring that the indigenous canoe would always remain sovereign on the continent of a’nowarà:ke. Neither the teiohá:te nor the kaianerekowa permitted settlers to encroach in any way on the land except to grow food in the depth of a plough for their sustenance. There were not allowed to build infrastructures nor extract our natural resources. Furthermore, the infrastructures at McGill University and in the City of Montreal were built with borrowed Iroquois Trust Funds which have never been repaid, and that were confiscated to our people using the racist pretext that indigenous peoples were incapable of managing their own funds.
Canada, Quebec, Montreal and McGill University have no legal relationship, agreement, treaties or covenants with the rotinonhsonni confederacy and the sovereign kanien’keha:ka people using the protocols of the kaianerekowa. Due to this legal limbo, McGill University, the SQI and the City of Montreal are currently trespassing upon the following Iroquoian ancestral homelands: kawehnote teiontiakon [Montreal Island], tekanontak/ononta tiotiake [two mountains connected, Mount Royal], and skanawatsta [across the mud flats, Ste-Anne-de-Bellevue]. The Sulpicians have purported that they were granted these lands from the King of France but have failed to show any proof that these sites were ever ceded or sold by the Iroquoian peoples. All parties that have bought and sold said lands throughout history have been guilty of handling stolen property.
We understand English as the diplomatic language we can use for communication with non-indigenous parties. Communicating without our permission in French, a language that we do not understand, violates international protocol. Should the defending parties insist on speaking French to us, we will reply in kanienkehaka Mohawk language, the original language of our Iroquoian homelands.
Canada and its affiliated institutions are currently violating the sovereign rotinonhsonni constitution of the kaianerekowa, the Great Peace. Section 35 [1] of the Constitution Act of Canada 1982 provides: “the existing [pre-colonial] aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section 52[1] affirms that “any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.” Therefore, the kaianerekowa, which is the existing aboriginal legal system which the rotinonhsonni confederacy has inherited from precolonial times, and which was never revoked or conceded, is the supreme law of “Canada”. Consequently, all laws of Canada that are not recognized by the kaianerekowa are of no force or effect on the original homelands of the Iroquoian people.
The kaianerekowa is based on the natural world. It follows sha’oié:ra, “the way of creation forever”, and cannot be revoked. The Federal Court of Canada must accept our truth, that the original peoples of a’nowarà:ke and their legal systems are part of the sustainable ecological reality that allows life to continue. They are part of the earth, water, air and sun that are necessary for life. The corporation of Canada [licence ISO# CA 3166-1], and the British common law and French Civil law on which it is based, have no foothold on the natural reality of a’nowarà:ke, having rather allowed its destruction by supporting environmentally harmful projects that were in violation with the kaianerekowa.
After the discovery of 215 unmarked graves of Indigenous children in Kamloops, Prime Minister Justin Trudeau admitted that “We are guilty of genocide”, suggesting that the Truth and Reconciliation Commissions’ “Call for actions” must be followed to allow a reconciliation between settler and indigenous peoples in Canada. Mohawk language contains no word for “I am sorry”. We say Enhskerihwakwatá:ko, “I will make it right”. We are here today to request that the Canadian judicial process stops facilitating the genocide of indigenous peoples on a’nowarà:ke, and respects the 1948 Genocide Convention. Our message is based on our law and culture and cannot be challenged by any foreign entities and laws, which have no force or effect.
No Indigenous people ever ratified Canada to become a nation. We and our lands have never been for sale. The Doctrine of Discovery, the Right of Conquest, and John Locke’s right of appropriating land through improvement, are based on racist ideologies that contradict the Unites Nations Declaration of the Rights of Indigenous People, the Canadian Charter of Rights and Freedom, the basic principles of democracy and the common sense of most Canadians in 2022. This is why the City of Montreal, McGill University and the corporation of Canada acknowledge that a’nowarà:ke is unceded indigenous land. The legal consequences of this fact, which implies the unbreachable sovereignty of the kaianerekowa on traditional Iroquoian homelands, must be assessed by the Federal Court of Canada.
We are not addressing this court to debate or be bound by the legal procedures of a judicial system that must first assess its fundamental nation-to-nation relationship with the sovereign indigenous peoples of a’nowarà:ke. We are placing our provisions of the kaianerekowa before you for your records. It is up to the Canadian court system to judge its own citizens if they violate the kaianerekowa. The kaianerekowa exists since time immemorial and can never be amended as it is based on the natural world. The kaianerekowa does not recognize other laws on a’nowarà:ke. All laws of Canada, case laws, treaties, and procedures have no force or effect unless they are recognized by the supreme law of the land, the kaianerekowa.
Today we are embarking onto the European ship to remind settlers of the original law of this land. The colonial court under your sail has no jurisdiction over us, the sovereign kanienkehaka:onwe. You have jurisdiction over your own people on your ship. Without our permission the governance of your people overreached its jurisdiction, violating the kaianerekowa. Your ship is temporarily chained to our shores by a Silver Covenant Chain agreement. We request that your colonial settler population respect us, follow your laws, to stop the genocide and crimes against us. We are not Canadian subjects. Our culture is based on the natural world. We will tell you the truth, and we will expect you to respect it.
A’nowarà:ke, January 8, 2022.
toknikon, the sovereign caretakers,
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
COURT ORDER
CONSIDERING the Notice of Motion filed in the Federal Court of Canada by the Applicants on November 9, 2021;
CONSIDERING the Respondent Société québécoise des infrastructures’ Dossier de requête en radiation d’une demande et en prolongation de délai (request to strike out the Applicants’ pleading and to prolong the delay)
CONSIDERING THAT the Respondent’s request to strike out the Applicants’ pleading is not legally justified;
FOR THESE REASONS, THE TRIBUNAL:
DISMISSES the Respondents’ Dossier de requête en radiation d’une demande et en prolongation de délai dated November 7, 2021.
THE WHOLE with costs.
The Beatles knew when it was over.: “I read the news today, oh boy, About a lucky man who made the grade. And though the news was rather sad, Well, I just had to laugh”
MNN. NOV. 14, 2021. [By thahoketoteh of MNN] FROM: Mohawk Mothers, Secretariate of the kanien’kehá:ka kahnistensera, PO Box 991, kahnawake, Quebec, J0L 1B0
OUR FIGHT IS NEVER BEHIND US UNTIL THE GREAT PEACE WINS.
TO: -Société québécoise des infrastructures Direction générale de la requalification du site Royal-Victoria 445, Saint-Gabriel Street. Montreal (Quebec), H2Y 3A2 Email : smayes@sqi.gouv.qc.ca Telephone: 514 873 5485, 5413
-McGill University Office of the Principle & Vice Chancellor, 845 Sherbrooke Street West. Montreal QC, H3A 0G4 Telephone: 514-398-4180, Fax 514-398-4763
-Mairie [mayor] d’arrondissement de Ville-Marie, 800, Boulevard De Maisonneuve street East, Montreal QC, H2L 4L8
On November 10, 2021, a rally was held in front of the Allan Memorial Institute (AMI) bringing together family members of MK-Ultra experiments survivors, Duplessis orphans, McGill students and the Milton Park citizens’ committee to support the kanien’keha:ka kahnistensera’s (Mohawk Mothers) opposition to renovating the ex-Royal Victoria Hospital and AMIsites. Later that evening, the 50+ protestors accompanied the kanien’keha:ka kahnistensera’s as they shared their message in a 10 minute hearing with the non-decisional commissioners of the Office de Consultation publique de Montréal. This message, also transmitted to the responsible parties via an injunction T-1696-21 Nov. 9, 2021 filed in the Federal Court of Canada, stressed that: 1) no project can start without the permission of the kanien’keha:ka kahnistensera, as the traditional caretakers of kanien’keha:ka territory according to the precolonial Great Law of Peace, kaianerekowa, recognized by Section 35 of the Constitution Act of Canada, 1982; 2) the Royal Victoria Hospital and AMI sit on the location of the precolonial Iroquoian village and very likely contains archeological remains of interest to the kanien’keha:ka people. This land was never ceded by the Iroquois, as no land deed was shown to prove that such a transfer existed. The Société Québécoise des Infrastructures (SQI), City of Montreal, Hugh Allan family, and McGill University have thus bought, sold and handled stolen land; 3) strong evidence exists to support allegations that indigenous and non-indigenous adults and children would be buried on the site of the AMI, as a result of the psychiatric experiments of Dr. Ewen Cameron.
WHERE THESE “MIND CONTROLLERS” BELONG.
On November 11, 2021, the kanien’keha:ka kahnistensera noticed new materials on the website of the Office de Consultation publique de Montréal, which were posted without giving notice to the kahnistensera. One letter dated November 9, 2020 from McGill University’s Office of the Provost and Vice-Principal (Academic) to the Office de Consultation publique addressed the kahnistensera’s concerns, and contained a clear commitment to allowing the necessary forensic and ground-penetrating investigations to happen to assess the presence of human remains on the site of the AMI: “‘no reconciliation is possible until the truth is known’, the letter said. Therefore, we are ready to collaborate with government and Indigenous community representatives so that the proper investigations can be conducted”. Even though the kahnistensera approve this commitment, they were not directly addressed in the letter nor notified that it had been written. They have a strong concern about who exactly is targeted in the expression “Indigenous community representatives”, as the traditional Great Law of Peace, kaianerekowa, still in effect on the traditional homeland of the kanien’keha:ka nation, holds the kahnistensera responsible for caretaking the land, and nobody else.
Two other letters had also been sent on November 9, 2021, from the SQI to the Band Council offices of Kahnawake and Kanehsatake, inviting Band Councillors to collaborate on exchanging information on potential unmarked graves on the site of the AMI that the SQI claims to own. The two letters clearly circumvented and invisibilized the authority of the traditional caretakers of kanien’keha:ka territory, the kahnistensera, who had raised the allegations in the first place, and who are solely responsible for the land. Band Councils were forced upon Indigenous peoples by the Indian Act, and the resistance of traditional kanien’keha:ka government to this colonial government system was brutally crushed as the RCMP stormed the Akwesasne Longhouse in 1899 to impose it, killing chief Jake Fire and seizing wampums and traditional regalia. Given that Band Councils funnel funds from the Federal Government and assume control of Indigenous communities despite extremely low participation in tribal elections, they are not recognized as part of the traditional kanien’keha:ka nation, and they are in a conflict of interest that impedes any possibility of them being involved in the search for unmarked graves.
THE MEN’S FIRE ARE GONNA CLEAN UP THEIR ‘BRAINWASHING’ ACT!
This letter is to notify the proper protocol that will be followed now that the necessity of an investigation was acknowledged by McGill University and the SQI. In the current search for unmarked graves in the grounds of the Mohawk Institute in Brantfort, Ontario, near ohsweken (Six Nations of the Grand River), great care was taken to avoid the local Band Council from being involved, given their conflict of interest as representatives of the Federal government. Instead, a group composed of survivors and grassroots traditional Indigenous peoples –women, “kahnistensera” –, was formed to supervise and monitor the investigation. The same process will be followed in the upcoming ground penetrant radar investigation on the grounds of the AMI. A group composed of MK-Ultra survivors and their families, as well as the Secretariate of the kanien’keha:ka kahnistensera (Mohawk mothers), including representatives from every kanien’keha:ka clan (bear, turtle, wolf), will lead the investigation under the traditional Indigenous legal framework of the rotinonshonni (Iroquois) confederacy: the Great Law of Peace (kaianerekowa). Therefore, all future correspondence must be addressed to the Secretariate of the kanien’keha:ka kahnistensera. To ensure no conflict of interest, the role of the SQI, the Government of Canada, the City of Montreal and McGill University will be limited to allowing access to the grounds, financing the investigation using funds borrowed from the Iroquois Trust Fund in the 19th Century, and facilitating the investigation by releasing all files concerning medical experimentation programs at the Royal Victoria Hospital and AMI.
Yours truthfu
Secretariate of the kanien’keha:ka kahnistensera
Muse sings what’s around the corner; “Rise up and take the power back It’s time the fat cats had a heart attack chase the fat cats. You know that their time’s coming to an end We have to unify and watch our flag ascend (So come on)”
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We are joined by the editors of this unique anthology of resistance, Philippe Blouin, Matt Peterson, Malek Rasamny and Kahentinetha Rotiskarewake and also by Kwetiio and Karennatha who, along with Kahentinetha, are members of the group Kanien’kehà:ka Kanistansera, the Mohawk Mothers.
Image by Kanien’kehá:a artist, author, and activist, Louis Karoniaktajeh Hall, 1918-1993
