MNN. Mar. 29, 2022. by thahoketoteh, MNN correspondent. On March 28 and 29, some kahnistensera Mohawk Mothers went to downtown tianitiotiaken [formerly known as Montreal] and filed a new action in the Quebec Superior Court.
INTRO: The 7 defendants were served: Quebec Infrastructure Dept., Royal Victoria Hospital, McGill University Health Center, McGill University, City of Montreal, Stantec Construction and the Attorney General of Canada.
The Mohawk Mothers will invoke the kaianerekowa. They thank those who stood by them and will continue to support them.
The deliberate attempt of the lawyers of the respondents and the Federal Court of Canada to throw the Mohawk Mothers into their procedural swamp drove them to take another path. The swamp was getting deeper, more turbulent and confusing so the FCC could avoid dealing of the merits of the case, such as Sections 35 and 52 of the Constitution Act of Canada 1982 which annuls all laws except original indigenous laws on turtle island. The Mohawk Mothers refuse to allow a bar lawyer to represent them and to let the court decide on the number of Mohawk Mothers can speak on the case.
The Mohawk Mothers want answers about the unmarked graves behind McGill University Health Center, the stolen Indian Trust Funds to build McGill University, to stop the Royal Vic project on the unceded kanienkehaka Mohawk land. The kahnistensera Mohawk Mothers put the issues into the court records for the people of the world to see what the indigenous people have and continue to face.
The land belongs to the unborn. Each indigenous person is sovereign, a free person, a creator being. None of turtle island can be sold, transferred or conveyed to anyone. All treaties,land claims and contracts are void. Their criminal code is based on genocide that makes it null and void in international law.
The band councillors and chiefs are not in the canoe and no longer onkwehonweh. All criminal codes coming from the ship are null and void and have no force and effect.
The corporate “Indian, Inuit and Metis peoples of Canada” are agents of the trespassers. The kaianerekowa will take care of them.
Contact: thahoketoteh, MNN correspondent
READ THE ENTIRE CASE: [No. 500-17-120468-221] [An Originating Application for Declaratory Relief and to Obtain an Interlocutory and Permanent Injunction.]
Bobby Bare seems to be singing about messing with the kahnistensera.
Down in Louisiana, where the black trees grow Lives a voodoo lady named Marie Laveau She got a black cat’s tooth and a Mojo bone And anyone who wouldn’t leave her alone She’d go oooeeeee… another man done gone
She lived in a swamp in a hollow log With a one-eyed snake and a three-legged dog Bent, bony body and stringy hair And if she ever seen y’all messin’ ’round there She’d go ooeeeee… another man done gone
And then one night when the moon was black Into the swamp came handsome Jack A no good man like you all know Lookin’ around for Marie Laveau
He said, “Marie Laveau, you lovely witch Gimme a little charm that’ll make me rich Gimme a million dollars and I tell you what I’ll do This very night, I’m gonna marry you” Then It’ll be (uhh), another man done gone
So Marie done some magic, shook a little sand Made a million dollars and she put it in his hand Then she giggled and she wiggled, and she said, “Hey, Hey I’m gettin’ ready for my weddin’ day”
But old handsome Jack said, “Goodbye Marie You’re too damned ugly for a rich man like me” Marie started mumblin’, her fangs started gnashin’ Her body started tremblin’, and her eyes started flashin’ And she went ooeeeee… another man done gone
So if you ever get down where the black trees grow And meet a voodoo lady named Marie Laveau If she ever asks you to make her your wife Man, you better stay with her for the rest of your life
Or it’ll be ooeeeee… another man done gone (Aah we’ll see) (Another man done gone)
MNN, Feb. 10, 2022. Our indigenous communities are secretly becoming “tax havens” for the international bankers. The imposed Mohawk Council of Kahnawake Inc., Entain and AVID Int. Inc. are allied with the army. Indian Affairs is a division of the army. MCK is being paid to help create another invasion, to assimilate us, to steal our land, and to absorb us into the corporate body politic. Our unborn children own all of turtle island. On October 25, 1924 the Indian Lands Acts were implemented in every province that created the reservations as POW camps wholly run by the army [Indian Affairs]. The Dominion of Canada is wholly owned by international bankers.
SAID ONE BAND COUNCIL CHIEF TO ANOTHER: “I QUIT GAMBLER’S ANONYMOUS TOO. NAW, I DON’T HAVE A PROBLEM!”
The band councils are not onkwehonweh and cannot legally buy land which cannot be sold. They are “Canadien” and wholly owned by the corporation of the government of Canada and its international shareholders. The Seigneury, Seaway, rails, roads and so on can only belong to the Mohawks. Nothing can be in the MCK’s name because they are a sub-corporation of the Crown. So is Canada. Only the true onkwehonweh people make a hydro relationship with New York City. That’s why the sell-out deal is a big secret. 99% of the people would not go for it.
Only the true indigenous people as a whole can legally own any of turtle island on behalf of the future children. Our lands have never been surrendered to anyone ever. International corporatists putting anything on our land, paid for with our Indian Trust Money, must be all turned over to the onkwehonweh people. Not to their esoteric corporate agenda.
“A CASINO CEO IS MUCH MORE POWERFUL THAN A CHIEF”.
The band council military units are setting up multi national gaming companies such as Entain, AVID, Mohawk and Jersey Gaming Commissions, which we’ve never heard of, violate the kaianerekowa, the supreme law of turtle island. The military run band council and the bankers cannot sell our hydro resources to New York City. They also illegally run Sportsbook, casino, poker houses and crypto currency taking advantage of our tax-free status. This revenue all belongs to the true kaianerekowa indigenous of turtle island. The bankers set up businesses in Kahnawake in the name of the government band council, pay no taxes, and then put the money into off shore accounts. We see nothing. The band council pretends to represent the onkwehonwe, and has to be paid off to conduct this genocide to makes this crime look legitimate to the public.
These foreign corporations are established under the Admiralty Law of the Seas. The Canadian government and its band council system do not legally exist on turtle island. They use our Indian Trust Funds [https://cashback.yellowheadinstitute.org/indiantrustfund/] to acquire or control onkwehonweh lands, undermine our rights and set up foreign controlled municipal regimes. The band councils can only sign for themselves and their employees, because they have sworn an oath to a foreign oligarch.
The current version of the illegal Kahnawake corporation was set up in 1974 by Andrew Delisle Sr. and registered with the US Homeland Security. These illegal band councils and their partners do not belong on turtle island and will leave with all those who have signed on and voted for them.
SAID THE COLONEL TO THE BAND COUNCIL CHIEF.
Section 35  of the Constitution provides: “the existing [pre-colonial] aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section. 52 affirms that “any law that is inconsistent with the Constitution is, to the extent of the inconsistency, of no force or effect”. Therefore, the kaianerekowa, the great peace, is the existing aboriginal legal system which the rotinoshonni inherited from precolonial times, which was never removed or conceded. No other laws of Canada are recognized by the kaianerekowa which comes from natural law.
Canada, their band council, Quebec, private investors and the secret organizations are of no force or effect.
In 1994 the kanienkehaka Mohawks had a referendum and overwhelmingly rejected the casino, which results stand for all time to come, which they are blatantly disrespecting. Thus all infrastructure and funds brought to Kahnawake belongs to the sovereign people.
Profits go to the unidentified shareholders. Promotion of gambling, alcohol and drugs are meant to control us.
According to the 1924 master plan, gambling would be introduced in the 8th decade. By the 9th decade Indians would be voluntarily paying taxes to the government. By 2024 one way or another we are suppose to no longer exist. They are almost at the finish line, but have run into a brick wall called the Constitution Act of Canada, 1982, Sections 35 and 52. Ironically. Canada will be genocided instead of us! They say leftover profits, if any, will go to social services, courts, programs for addictions to alcohol, gambling, drugs, cigarettes, services to play with our minds and grab our children, lose our homes to local foreign owned businesses and keep the homeless out of sight. The services are suppose to destroy families and blind us from the gross theft and military occupation.
The investment by the band councils comes from the Indian Trust fund which will carry the burden of failure or bankruptcy. The land belongs to our unborn children. We cannot sell or transfer it to anyone. We must carry out our duty as the caretakers.
The people of the great peace, which is over 99% of kanienkehaka of Kahnawake, may think about investigating this criminality and genocide of our former people.
The Grateful Dead see what happens to those who can’t push themselves away from the table: “Truckin got my chips cashed in. Keep truckin, like the do-dah man. Together, more or less in line, just keep truckin on. Arrows of neon and flashing marquees out on main street. Chicago, New York, Detroit and its all on the same street. Your typical city involved in a typical daydream. Hang it up and see what tomorrow brings”.
THE LAWS AND THE LAND, The Settler Colonial Invasion of Kahnawke in Nineteenth-Century Canada. Daniel Ruck. UBC Press. P. 175: One final possible notice for initiating a subdivision may have been the substantial amount of money in the band account. The Sulpician Order had borrowed $3,333 from Kahnawake to finance the construction of the towers of Notre Dame Church [today Notre Dame Basilica] in 1844. After a protracted court battle between the federal government and the Sulpiciens over the principal of this loan, it was finally paid to Ottawa on behalf of Kahnawake in 1883 along with interest. Kahnawake’s band fund also received $10,039 in 1881, supposedly the seigneurial indemnity for losses incurred by the Seigneurial Act of 1854. . . The fact that the kahnawake was flush with cash at that moment is highly relevant, since the subdivision was expensive. kahnawakehronon may not have been told about the money until it was spent. the DIA controlled kahnawake’s finances and, without community approval, decided to earmark the money for the subdivision. Had the cash not existed, it is unlikely that the DIA would have initiated the project.
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.
“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.
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. 27, January 2022. This is an update by thahoketoteh of MNN on the McGill ongoing saga. The kahnistensera, Mohawk Mothers, are concerned with the self-preservation of indigenous lives and culture facing genocide at the hands of colonists trespassing on turtle island, using the foreign Admiralty Law of the Seas to violate our land, our people, resources , and culture.
In the middle of this case, super-paid Principle and Chancellor of McGill, Suzanne Fortier, resigns! At McGill a messy failure has been left behind. As the Chinese say about those who abscond, “They will suffer death by a thousand cuts”:
In the ‘procedural swamp’ the FCC [T-1696-21] asked for time consuming information that has already been provided. tThe court’s concern is about traditional
IT SAID: “TAKE BACK TEKANONTAK” [AKA MONT-ROYAL] THIS IS KANIEN’KEHA:KA MOHAWK LAND.
representation, signers and speakers.
This is delaying presenting the substance of the case ofthe suspicions of unmarked graves of our people on the site of the Royal Victoria Hospital and the Allan Memorial Institute of McGill University.
According to Sections 35 and 52 of the Constitution Act of Canada 1982, all the laws of Canada have no force or effect because they are inconsistent with the kaianerekowa, great peace. The kahnistenera, Mohawk Mothers, can only represent themselves according to ancestral law. They are the caretakers of the children and the land they are brought onto.
This sounds like the philosophy commonly used by mega corporations and the military which are connected to all universities, such as the movement to ‘Demilitarizie McGill” has tried to reveal at McGill University.
The main issues in the court case are the unmarked graves, the trespassing on Mohawk land, and the borrowing of Iroquois Trust Funds to build McGilll that was never repaid to the Mohawks.
The traditional process of the kanienkehaka [Mohawk] is to listen to the proceedings and report the words to the clans. The appointed word carriers will be given the words that will go back to the court.
The kahnistensera cannot be represented by a lawyer, council or non-kaianerekowa person as it would be inconsistent with the great peace. The court is allowing the four opposing lawyers to speak and question the witnesses, while the indigenous women will be allowed one speaker!
The SQI reached out to the band councils for information and assistance. The band councils are created by the Canadian Army to take care of the prisoners in this ongoing war for indigenous land title.
The economic sanctions strategy was invented with the onkwehonweh [indigenous people of the land] in mind. No people have ever endured more oppressive sanctions than the original people in the history of modern economics. The creation and theft of the Indian Trust Funds was to create a stranglehold on the economic freedom of the original peopleMN.
Though they are ‘old’, they are capable and expect to be treated fairly. The court was informed that they will continue this case as joint applicants according to Rule 102[b] of the Federal Court of Canada: “the relief claimed, whether joint, several or alternative, arises from substantially the same facts or matter”. In this case, once an agreement is made they must stand behind the words.
Leonard Cohen was an inmate in Dr. Ewen Camerons ‘mind control’ experiments at Allan Memorial Hospital of McGill and also wrote a song about a “Suzanne”. We wonder if Leonard ever listened to Ted Nugent’s song,” Stranglehold” which describes what has been done to us on the economic front. “Here I come again now, baby, like a dog in heat. You can tell it’s me by the clamor now, baby. I come to tear up the streets. I’ve been smoking for so long and now I am here to say, I got you in a stranglehold, baby. I’m gonna crush your face”.
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!
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
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:
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.
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.
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.
The resolution to this issue is based on the Constitution Act of Canada, 1982, [Sections 35  and 52 which provides “the existing pre-colonial aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section 52 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: email@example.com : 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.firstname.lastname@example.org
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
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  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  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.
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
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES,
MCGILL UNIVERSITY; OFFICE OF THE PRINCIPLE & VICE CHANCELLOR;
CITY OF MONTRÉAL; and STANTEC CONSTRUCTION:
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: email@example.com; firstname.lastname@example.org
Me Alexandre Rouanet-Bazinet,BERGERON, of DENILLE & ASSOCIATES, Counsel for SQI the defendant Société québécoise des infrastructures E-mail: email@example.com : 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.firstname.lastname@example.org
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
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.
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  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 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: email@example.com; firstname.lastname@example.org
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”
CREE COMPANIES IN UNLAWFUL MEGA BUSINESSES ON MOHAWK LAND
REMEMBER WHEN WE VISITED THE MOHAWKS AND THEY TREATED US SO GOOD.
MNN. Dec. 14, 2021. kahnistensera Mohawk mothers have alerted Cree Corporations about their illegal business developments on kanienkehaka mohawk land without permission.
TO: Abel Bosum, Grand Council of the Crees [Eeyou Istchee] and Cree Nation Government, 2 Lakeshore Road, Nemaska, QC J0Y 3B0 – 418-691-1111, 819-673-2600;
“Land claims” is an English term invented by Britain, US and Canada to make land theft seem valid. This mind game does not put them in the drivers seat. It’s our land. The only way to give up land is to take money, to sell it, flip the title constantly, but the underlying ownership always remains with the original natives. The current ‘land claims’ system is meant to force us to submit land claims on lands we naturally own. No one can ever prove that we sold any of our land to anyone legally. We are each sovereign and as caretakers we can never convey, transfer or sell any of turtle island, as the titleholders are our unborn children. Our duty is to maintain this land for them.
We are the caretakers of tianni tiotiaken, known as ‘Montreal’. kaianerekowa, the great peace, and all aboriginal law is based on the natural world. Corporate contracts and treaties for land transferred between foreigners and the original people are illegitimate. No one nation has the authority to deal with a land issue on their own. It has to go through the Iroquois Confederacy Grand Council. All nations have to agree, skanikonras. In the case of Crees and Mohawks, this has not happened.
Montreal is selling stolen Mohawk land to the Crees. The Crees are buying stolen property. The Crees should approach their relatives, the kanienhaka Mohawks, to legalize their activities on our land. This is a national issue that bypasses all imposed foreign authorities on turtle island.
The kanistensera, Mohawk mothers, are the progenitors of the soil of our people and caretakers of the land, water and air since time immemorial. We are to survive and coexist as siblings with nature on our mother earth. kaianerekowa is the will of the people according to the natural world, which is embodied in the original 49 families of the tekentiakwenhoxta. The Crees have made contracts with foreigners for our land, which is another form of theft, genocide and assimilation. The Cree think they have to go through the white illegal authorities to use and annex Mohawk land.
CANADA STEALS OUR LAND & MONEY, THEN SELLS US OUR OWN LAND & WE PAY FOR IT FROM OUR STOLEN INDIAN TRUST FUNDS!!! THEN THE BUSINESS GOES BUT AND WE LOSE EVERYTHING.
The kanistensera object to the Cree corporation building infrastructures on our land without our permission. Historically we permitted the refugees the depth of a plow only to support their families. The Grand Council of the Crees and Cree Nation Government are privately owned corporations like the Hudson’s Bay Company who killed the animals and made our life difficult. Today corporations are filthy rich while our people are living on the streets of the cities. In the past everybody had food and shelter. Corporations are only concerned about money and the power it brings them. The kaianerekowa does not allow anyone to continue this carnage to all life on onowarekeh.
Proper protocol was not followed as the Crees used an assimilated mind. The proposed tower is being put in the middle of tiani tiotiakon [Montreal]. The land belongs to us kanienkehaka Mohawk, not Montreal, Quebec or Canada. You failed to come to your own people to make an agreement with us on your illegal project. kariwakwenionston. Respect.
Corporate Crees are the illegal band councils established by the corporation of Canada in 1924 and thus are not indigenous. They gave up their political standing to become canadiens [squatters] therefore leaving behind their indigenous political liberties. We are the keepers of this portion of turtle island for the coming generations. All land on geniengeh is the responsibility of the kanienhaka of the iroquois Confederacy. Whenever we hear of an encroaching danger, we are to bring it to our family, then to our clan which will bring it up to the councils, which will come to one mind. Their decision is taken to the Grand Council, katiohonwanenkeh, the big fire. One individual spark is added to the clan spark, then to the nation spark and then to the big fire. At every level that spark turns into a fire. Rotistenhaien. Iera’kwa [Iroquois] is when we put the issue on the floor of the Iroquois Confederacy council that is in session.
KAIANEREKOWA THE GREAT PEACE IS THE SOLUTION.
WE SUGGEST TO OUR RELATIVES, THE CREE, TO FOLLOW DUE PROTOCOL IN OUR HOMELAND WITH OUR PEOPLE, TO COME TO THOSE WHO HAVE AUTHORITY OVER THE SAID LAND ACCORDING TO OUR TRUE RELATIONSHIP:
1.The Grand Council of the Crees, Cree Nation Government and all their corporate subsidiaries involved in this illegal project should meet with our people so that we can remind them and resolve this matter in tewatatekeh, to council properly as relatives. All agreements are based on the kaianerekowa, the nice path that has been laid out for us all. tewaianosere.
2.Our ancestors made a protocol on how we will co-exist on turtle island which we all agreed to respect, called the kaianerekowa.
3.The teiohateh, two row, is the basis of our relationship to the earth and with each other which is based on the natural world.
4.Under sections 35 and 52 of the Constitution Act of Canada, 1982, the natural laws of the original peoples are recognized as the only laws of turtle island. The Crees are following the foreign contract law of Canada which have no force or effect. They have no land rights on Mohawk land.
According to the original instructions between us and nature, kanistensera speak for the soil and all life. Our message is to remind you that the protocols of our ancestors are more important than the strength of the white man’s crown law.
No sovereign onkwehonwe sanctioned your actions. We were never notified of your plans on tioni tiotiakon with the city of Montreal government which has no authority on land issues.
Hank Williams sang about sadness when all is gone: “I’m gonna find me a river, one that’s cold as ice. And when I find me that river, Lord I’m gonna pay the price, Oh Lord! I’m goin’ down in it three times, but Lord I’m only comin up twice. She’s long gone, and now I’m lonesome blue”.
On behalf of the past, present and future ancestors and descendants of the kanienkehaka, the great peace and two row will prevail.
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 : email@example.com 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.
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)”
Nov. 12, 2021. [thahoketoteh of MNN]. On November 10 at 7.10 pm the men’s fire and the kanistensera – Mohawk Mothers – met with the McGill-Royal Victoria makeover commissioners via Zoom [VIDEO BELOW]. According to kaianerekowa protocol, the men’s fire and Mohawk mothers informed the Commissioners that there is the possible presence of unmarked graves in certain portions of the ex-hospital site. All work on the McGill Royal Vic project must immediately stop as it could be a crime scene. The Truth and Reconciliation commission’s final report states: “no reconciliation is possible until the truth is known.” McGill stated that on their blog, ‘We are ready to collaborate with government and band council agents of Canada [the genociders] so that the proper investigations can be conducted”!!
The sovereign Mohawk mothers secretariat will oversee this task by retrieving all medical experimentation funded by the US and Canadian military and intelligence agencies. files related to Dr. Cameron’s and his colleagues mind control experimental work. This will be funded by the new vic project until it is totally completed to the satisfaction of the Mohawk mothers.
The men’s fire and kanistensera also informed the Commissioners that no permission was given to build the McGill Royal Vic project or any entity which is on unceded kaneienkehaka land. This area is known as “thegnondat”.
Without asking for the permission of the men’s fire and kanistensera, the SQI who call themselves owners of the land, appointed the Canadian government band councils to undertake the investigation for these communities. The band councils were set up in 1924 to carry out the residential school genocide program. This is a gross conflict of interest to cover up their role in turning indigenous children over to the macabre mind control death programs of McGill University and others. We are the sovereigns of turtle island and speak according to the kaianerekowa. Section 35 of the Constitution Act of Canada 1982 supports the kaianerekowa as the supreme law of turtle island. All other laws are subservient. The kaianerekowa controls this entire process.
Commissioners began the hearing in French, even though we requested that they speak to us in the intermediate language of English. We began speaking in Mohawk and translated it for them into English. This is the correct protocol throughout the world. McGill has decided to ask the band council genociders to oversee this process. As noted, the band council agents of Canada have no standing except to help coverup of murder that they facilitated. See video of Zoom meeting with Commissioners:
Alice Cooper sings of the future of McGill University: No more pencils, no more books No more teachers, dirty looks Out for summer, out ’til fall We might not come back at all
READ MOTION FILED BY KANISTENSERA IN FEDERAL COURT OF CANADA T-1696-21 AGAINST societe quebecoise des infrastructure; mcgill university office of the principle & vice chancellor; mairie d’ardonissement de ville marie; stantic inc.
MNN. Nov. 10, 2021. [thahoketoteh of MNN] This is the full motion filed by the kanistenrsera mohawk mothers in the Federal Court of Canada on Nov. 9, 2021 and served on the four parties. In addition to our b rief we have filed a motion of application to the Federal Court of Canada T-1696-21. The Affidavit of Service has been served to all parties.
THE FOLLOWING ARE EXCEPTS OF THE KANISTENERA’S CONCERNS:
Federal Court Number: T-1696-21 Responders are societe quebecoise des infrastructures; mcgill university office of the principle and vice-chancellor; mairie d’ordinissement de ville marie; stantic inc.
This is a precedent for all turtle island cases. This will be addressed today at 7.10 pm EST. for ten minutes by Zoom between the two parties and a video will be available to the public. We are meeting today with the Commissioners of the project to inform them officially that they do not have our permission to construct their project on our unceded kenienkehaka land they must immediately leave and investigate the grounds for unmarked graves and burial sites.
The kanistensera have filed a Notice of Motion in the Federal Court of Canada to impede the projected demolition, construction, transformation of buildings, and the repurposing of the surrounding on the site of the Allan Memorial Institute, Ravenscrag gardens, and Royal Victoria Hospital [allotments 1 341 184, 1 341 185, 1 341 182 and 1 354 912 proposed by the City of Montreal on file no. 1217400001.
The kanistensera seek an order to stop the renovation plans until a thorough investigation of the grounds is carried out for searching unmarked graves of individuals unlawfully experimented upon; and until an injunction is issued to stop all construction.
IN THE FEDERAL COURT
Between: The kanien’kehá:ka kanistensera (Mohawk mothers) kahentinetha, kawenaa, karennatha and karakwine.
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES, MCGILL UNIVERSITY OFFICE OF THE PRINCIPLE & VICE CHANCELLOR, MAIRIE D’ARRONDISSEMENT DE VILLE-MARIE, and STANTEC INC.
APPLICANT’S WRITTEN REPRESENTATIONS
1. The kaianerehkó:wa, great law of peace, is the original constitution of the onkwehonweh, the original rotinonhshonni (Iroquois) people. Section 35 of the Constitution Act, 1982, recognizes and affirms existing aboriginal rights, e.g. the kaianerehkó:wa and teiohateh, two row wampum, as traditional legal frameworks for unceded rotinoshionni (Iroquois) territories. The kaianerehkó:wa and teiohateh, apply in this case and every other case in this territory.
2. According to Wampum 44 of the kaianerehkó:wa, the precolonial constitution of the rotino’shonni iroquois confederacy, every original indigenous woman is a caretaker of the land on behalf of the future generations: kononkwe ne konwatsirineh ne kanakerasera. ne enkotiyatakwehnyyokeh ne onwentsa. ronnonkwe tahnon ne konnonkwe ne enhatihsereh tsiniyakotaroten ne ronwatihnistenha, “The lineal descent of the people of the Five Nations shall run in the female line. Women shall be considered the progenitors of the Nation. They shall own the land, and the soil. Men and women shall follow the status of their mothers” (see Appendix 1).
3. Given their status as the progenitors of all life on onowarekeh (turtle island) since the beginning of life on earth and as the original owners of the land following Indigenous law, the kahnistensera must give permission for anything to be done to their traditional unceded homeland.
4. It is with this understanding that we original peoples seek the assistance of the Canadian judicial system in the peaceable resolution of preventing a miscarriage of justice on our land and resolve this dispute between us and your subjects. Nothing can be done on any part of turtle island without the permission of its sovereign indigenous people, as stated in Section 35 of the Charter of Rights and Freedoms. This court is bound by the Charter of Rights and must affirm the concerns found in section 35.
5. File no. 1217400001 of the City of Montreal provides for the demolition, construction, transformation of buildings, and the repurposing of the surrounding on the site of the Allan Memorial Institute, Ravenscrag gardens, and Royal Victoria Hospital (allotments 1 341 184, 1 341 185, 1 341 182, and 1 354 912). See Appendix 2.
6. The Société Québécoise des Infrastructures has allowed McGill university to plan a repurposing project for the site of the Royal Victoria Hospital, in a plan called “The New Vic”.
7. The Société Québécoise des Infrastructures Allan Memorial Institute has commissioned Stantec inc. to explore and plan demolition, construction and landscaping work on the site of the Allan Memorial Institute and the Ravenscrag gardens.
8. The respondents have illegally bought and sold stolen Indigenous property.
9. As the caretakers of thequenondah (two mountains beside each other/mount royal), we thus demand the immediate suspension of all reconstruction plans for the Royal Victoria Hospital and Allan Memorial Institute sites on the campus of McGill University, for the following reasons: the site is unceded kanien’kehá:ka territory; the site contains archaeological remains from the original precolonial Iroquoian village; the grounds of the Allan Memorial Institute must be investigated for potential unmarked graves of atrocities committed during the MK-Ultra program, between 1954 and 1963 by the CIA and Canada.
10. The kanien’kehá:ka land on which the Royal Victoria Hospital and Allan Memorial Institute sites are located are said to have first been transferred by the Sulpicians to private owner Pierre Raimbault as “concession 637” in 1708. No information has been provided to us attesting to the Sulpicians having acquired the said land from the rotino’shonni:onwe iroquoian peoples who have lived on this land since time immemorial. Jacques Cartier first encountered our rotino’shonni:onwe ancestors in 1535 and indicated that the village of “Hochelaga” was located at thequenondah (mount royal). Given our people’s practice of safeguarding the environment by moving our villages regularly throughout our territories, the village had been temporarily left to natural regeneration when Samuel de Champlain came back to the site, in 1603. When our people returned, they saw a group of strangers had moved onto our site and learned that they called the settlement “Ville Marie”. Unable to use the land to meet regularly with indigenous peoples from all directions of turtle island, our people renamed the location tionni’tio’tià:kon, “the place where the people separated”. As no proper land deed or certificate of cession of this land has ever been shown to us, the site is considered unceded kanien’kehá:ka land, as publicly acknowledged both by McGill University and the City of Montreal.
11. Only the kanien’kehá:ka’onwe, the “people forever of the flint”, can make decisions on the use of our land, in accordance with the kaianerehkó:wa (great peace), our ancestral constitution which supersedes colonial legislation following 8 according to Section 35 of the Constitution Act, 1982. As unceded kanien’kehá:ka territory, the valid legal frameworks on thequenondah are the kaianerehkó:wa, accompanied by the two historical agreements between the rotinoshionni confederacy and the British Crown: the teiohateh (two row wampum) and the silver covenant chain (Appendix 3).
12. McGill campus on thequenondah is widely acknowledged as the original site of many of the precolonial iroquoian villages today referred to as “hochelaga”. As stated in Arkeos’ 2016 archeological survey (Appendix 4), the large number of precolonial indigenous burial sites throughout the thequenondah and Royal Victoria Hospital sites demonstrates that the remains of our indigenous ancestors lie beneath its surface. As their heirs, it is our duty to determine how these crucial archeological sites will be treated in any change to the thequenondah site. It is an extreme offence to disturb our ancestors.
13. In addition to archeological remains, the kanien’kehá:ka kahnistensera have been aware of allegations that indigenous and/or non-indigenous children may be buried in the vicinity of the Henry Lewis Morgan pool, and in adjacent grounds of the Ravenscrag gardens of the Allan Memorial Institute. The Henry Lewis Morgan pool was built in 1961 during Dr. Ewen Cameron’s unethical psychiatric experimentations on mind control, carried within the Allan Memorial Institute between 1954 and 1963, and funded by the Canadian government and the CIA’s MK-Ultra project (Appendix 5).
14. An audio taped conversation under oath with 80-year-old Winnipeg resident Lana Ponting (Appendix 6), is one of the few remaining victims of these experiments, has confirmed several aspects of these allegations. Lana Ponting has stressed three points: 1) That indigenous peoples were victims of these experiments, as she remembers seeing at least one indigenous individual receiving intense shock treatment in the Allan Memorial Institute during her stay, in April 1958; 2) That underaged children were victims of these experiments, as Lana Ponting witnessed many minor individuals in the building, and as she was herself 16 years old at the time. It is also public knowledge that several MK-Ultra sub-projects included psychiatric experiments on unwitting children (Sub-projects 102, 103, 177, and 122, see Appendix 7); 3) That the rumour that the experiments’ victims were buried in the Ravenscrag gardens surrounding the Allan Memorial Institute was already in circulation amongst its patients as early as 1958. Notably, Lana Ponting recalls that suspicious activities were conducted outside the building at night. Lana Ponting has obtained a letter her doctor attesting that she is of sound mind. Lana Ponting and many other family members of psychiatric experiments at McGill University have strong suspicions that unmarked graves, potentially including indigenous children, will be uncovered beneath the grounds of Ravenscrag.
15. The kanien’kehá:ka caretakers of thequenondah take these allegations very seriously. Indigenous children who were kidnapped from their families and put in Residential Schools were legally deemed “wards” of the State of Canada. Given this status, many of these children were used for experiments, including on nutrition and starvation (Appendix 8). It must also be noted that before coming to the Allan Memorial Institute, Dr. Ewen Cameron practiced psychiatry in Brandon, Manitoba, where he likely had access to indigenous patients. Another important 9 fact bolstering our suspicions is that underage Duplessis Orphans, who had a similar status as indigenous children in Residential Schools (e.g. “wards of the State”), were subjected to extreme psychiatric torture experiments in psychiatric wards. Many died and were interred in unmarked graves, including numerous human remains found in the pigsty near St-Jean-de-Dieu hospital, in Montreal (Appendix 9). Electroshock torture was also practiced on children in residential schools, as the revealed by the Ontario Provincial Police’s inquiry on Fort Albany’s St Anne’s Residential School (Appendix 10).
16. A zone potentially containing unmarked graves has been identified (Appendix 11). Before unmarked graves of indigenous children were actually found across Canada, the widely circulated stories of their existence among indigenous peoples were dismissed as rumors.
17. The kanien’kehá:ka kahnistensera, careholders of thequenondah are concerned that the current Royal Victoria Hospital and Allan Memorial Institute rehabilitation project could destroy evidence of the unmarked graves of their siblings, depriving them of proper identification, repatriation and burial. It is McGill University’s responsibility to provide the funds and the expertise necessary for an immediate and thorough kanien’kehá:ka led investigation of the Allan Memorial Institute site, which must be considered a site of crimes against humanity. All files concerning MK-Ultra experiments conducted in McGill University’s psychiatry department must be released without delay and made available to the public without restriction.
18. According to Calls to Action 71 to 76 of the Truth and Reconciliation Commission, recovering unmarked graves of Indigenous children is a top priority for the state of Canada to avoid continuously carrying out crimes against humanity.
19. Before any construction can take place, the site must be thoroughly investigated by a kanien’kehá:ka led forensic and archaeological team to confirm the existence of unmarked graves or other evidence of unlawful activity. All of which is respectfully submitted this 8th day of November, 2021 by