Category Archives: Kanekota

The territory at the head of the Grand River protectorate

MNN: MOHAWKS V. THE QUEEN. KANEKOTA.

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

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

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

 

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

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

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

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

 

 

KANEKOTA DISPUTE GOES TO FEDERAL COURT OF CANADA

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KANEKOTA DISPUTE GOES TO FEDERAL COURT OF CANADA

MNN.  July 18, 2012.  Today in the Federal Court of Canada, Thahoketoteh filed an action [T-1396-12] against Her Majesty the Queen.   He personally wrote the Statement of Claim based on his ten-year experience in Kanekota, “where the waters come from the earth”.  Kanekota is a 575 square miles area in the northern reaches of the Grand River.  It is six miles deep from the banks of the Grand River starting at Lake Erie continuing to the source.  This indigenous land is protected from foreign encroachment for all time by the Royal Proclamation 1784.  It is sometimes called the Haldimand Tract. 
 
 

Their rule of law provides that royal proclamations supercede all Admiralty statutes.  All Canadian laws are Admiralty statutes.  All courts are Admiralty Courts.

In June 1778 the Mohawk people of the Upper and Lower Castles in New York State moved from their traditional communities, during the American Revolution.  They temporarily settled in Lachine [Quebec], within the area known as Lower Canada.
In June 1784 they moved to Tyendinaga, on the Bay of Quinte on Lake Ontario. That same year a few families moved to the Grand River.  The Royal Proclamation 1784 was signed by Captain General Sir Frederick Haldimand.  Violations of the proclamation began immediately
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On August 1, 2006, the Mohawk Women, as caretakers of the land, sent notice to the Toronto School Board to vacate Lot 1, Concession 11, Clearview Township, Simcoe County in the province of Ontario, in the Northeast portion of Kanekota.   They vacated but refused to respect Mohawk inherent interest in the land.

Shortly thereafter the current Finance Minister of the Corporation of Canada, Jim “austerity-measure” Flaherty, built a 90-acre estate on part of Lot 1 Concession 11, near Honeywood.  The driveway leads to a gate manned by high tech  surveillance equipment, leading to 3 three-storey buildings, estimated value of $20 million.  They form a compound surrounding a fancy courtyard with two golf holes and two ponds.  A construction road was bull-dozed through the man-made forest on the Outdoor Education Center property to build Jimmy’s dream.    

The Etobicoke Education Center is now listed for sale by Royal LePage, Ginny McEacheran, [1-800-360-5821].  Jim Flaherty’s contact is 701 Rossland Road East, Unit 204, Whitby Ontario L1N 8Y9, Tel: 905-665-8182.

In July 2007 Thahoketoteh attended an Ontario Municipal Board (OMB) Hearing to stop Canadian Hydro Developers Inc. from illegally building 88 more windmills.  [Alias, TransAlta Corp., 110 – 12thAve., SW, P.O. Box 1900, Station M, Calgary, Alberta T2P 2M1 Tel: 403-267-7110].  The OMB permitted the illegal construction of Phase 2 in violation of the Royal Proclamation 1784 and Section 35 of the Canadian Constitution. The Women sent notice of their objection. 
Thahoketoteh has asked for all financial records on their illegal windmill development, to remove all the decomposing rusting weed-covered windmills, to pay compensation and to restore the land to its original state. 

In November 2006 the Women, speaking for the people, land, plants, fish and animals, sent Notice to Enbridge Gas [3000 5th Ave. Place, 425 First St. SW, Calgary Alberta T2P 3L8, Tel:  403-231-3900] that they have no right to install a gas pipeline from Shelburne into Hornings Mills. In 1946 the army constructed a pond there which continuously leeched phosphates into the Pine River. Enbridge went on to illegally build the pipeline.

Thahoketoteh insists that Enbridge fully compensate the Kanionkehaka for the illegal construction of their pipeline, for the damage and to restore the land to its natural state.  In particular, to clean the Pine River in Hornings Mills.

In April 2011 Thahoketoteh sent a letter to General Sir Peter Wall, [Chief of the General Staff, Ministerial Core Unit, 4545 Zone A, M.O.D., Whithall, London SW 1A 2HB tel:  011 44 207 218 4000].  He informed him about the Highland Group, a nefarious corporation, and their plans to turn 8,800 acres of Kanekota into a mega-quarry.  They intend to destroy this Royal Protectorate land forever where we intend to live forever.  Thahoketoteh wants a complete list of the shareholders.  He recommends Crown agents who ignore the “Royal Proclamation 1784” be charged with High Treason.  Death is the penalty.  

Thahoketoteh has asked that all stolen farms be returned to the Mohawk people; all settlers legalize their presence in Kanekota; and all squatters be removed at Canada’s expense. 

Thahoketoteh said, “If the Crown tries to have the case dismissed, they have decided to violate their rule of law and their Royal Proclamation.  They would be guilty of high treason, as it is against the Queen”. 

We are reminded of the classic Led Zeppelin song:  “Lyin’, cheatin’, hurtin’, that’s all you try to do”.  It’s all over, Jimmy austerity-measure Flaherty, “Your time is gonna come”.  
MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0
thahoketoteh@hotmail.com  325 Robert Street, No. 4, Shelburne [Inside Kanekota] Ontario L0N 1S2.  Phone 519-925-9695.  Fax 519-925-9622.
 
 
 
 
      
 

Letter to Enbridge

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Women Title Holders of the Rotinonhsonnion:October 11, 2006

EMAIL/REGISTERED MAIL

Phil Mannell, General Manager, Enbridge Gas,
Central Region, 498 Markland St., Unit #1,
Markham, ON L6C 1Z6

NOTICE TO CEASE AND DESIST IMMEDIATELY BUILDING ILLEGAL GAS PIPELINE ON HALDIMAND TRACT

She:kon

Further to your letter of September 29th 2006, our concerns were very well explained to you in the DEMAND OF THE WOMEN TITLE HOLDERS OF ROTINONHSONNION:WE/SIX NATIONS TO ENBRIDGE GAS DISTRBUTION INC. OF BARRIE ONTARIO TO CEASE AND DESIST THE BUILDING OF A NATURAL GAS PIPELINE UNDER THE PINE RIVER IN HORNING’S MILLS ON THE HALDIMAND TRACT. We sent this and the “Mohawk Manifesto” to you on September 13, 2006.

We own this land. You did not consult the Women Title Holders who are the legal trustees of this land. You have no right to exploit our land. You did not get our permission and never will to put a gas pipeline under the Pine River.

You are trespassing. According to the Haldimand Proclamation of 1784 this land is for the “Mohawks and their posterity forever”. This position has not changed.

Your Open House Public Meeting or “Hot Dog Party” at the Horning’s Mills Community Center on May 30, 2006 does not qualify as consultation with the Indigenous landowners. None of those people attending have title to our land. They are all squatters except for one Mohawk who was there to see what you were up to.

At that Hot Dog Party, Thahoketoteh, a Kanion’ke:haka who lives in Horning’s Mills, asked your employee about the pollution. He smugly told us we’ll “just have to eat that”. A few weeks later Thahoketoteh told Grant Kilpatrick about the pollution problem in the river. He said that Enbridge had all the approvals, including from the Ministry of the Environment. Send us immediately a copy of your environmental approval.

Your plans, permits, orders and consents are all illegal. Your further destruction of the Pine River is a crime against our future children. Your plan to earn revenue supplying gas to people who are squatting on our land constitutes fraud and theft.

The Pine River is already in bad shape and needs cleaning. We plan to do that. Why don’t you re-read our Objection and the Mohawk Manifesto so you can stop trespassing and ruining our land.

You’ve given us a deadline of October 7th 2006 to answer you. This is our deadline to you! Get off our land immediately!! Take your mess with you! And don’t come back!

Onen,

Katenies /s/ ____________________
Kahentinetha /s/ _____________________

Cc: Hon. Stephen Harper, Government of Canada
Confederacy Chiefs, Six Nations
Women Title Holders, Six Nations Confederacy

poster: Thahoketoteh

 

Reposession of outdoor education centre

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There are no settlers living year round on this part of the Haldimand Tract at the source of the Grand River. So repossessing it is a simple matter. We sent the following notice to the Etobicoke Board of Education who are in the process of selling land that belongs to us.NOTICE OF REPOSSESSION OF KANION’KE:HAKA/MOHAWK LAND KNOWN AS “OUTDOOR EDUCATION CENTER” STOLEN BY THE ETOBICOKE BOARD OF EDUCATION – LOT 1 CONCESSION 11 CLEARVIEW TOWNSHIP ON THE “HALDIMAND TRACT”DATE: August 1, 2006.

BY: Women Title Holders of the Kanion?ke:haka Nation

According to Wampum 44 of our law, the Kaianereh’ko:wa, the Women are the “progenitors of the soil” of the Kanion’ke:haka/Mohawk Nation. Title to our land is vested in the People through the Women. We are the Caretakers of the land, water and air of Turtle Island. We have the duty to safeguard our land for the coming generations. Self-determination is recognized as a universal human right.

RE: The Etobicoke Board of Education has violated our constitutional jurisdiction by stealing our property, in particular that which is within the 6 mile boundary at the source of the Grand River. This theft also violates the specific protection against encroachment provided in the Haldimand Proclamation of October 25, 1784.

TO: Etobicoke Board of Education, also known as Toronto District Board of Education, 5050 Yonge Street, Toronto, Ontario M2N 5N8; Toronto Board of Education; City of Toronto; Province of Ontario; Queen Elizabeth II; Government of Canada; Ministry of Natural Resources; Department of Justice Canada; Attorney General of Canada; Attorney General of Ontario; Department of Finance Canada; Indian Affairs; Six Nations Confederacy; Mohawks of Wahta, Six Nations, Tyendinaga, Akwesasne, Kahnawake, Kanehsatake, Ganienkeh and Kanatiohareke; Stock Exchanges of Toronto, Montreal, New York, Tokyo, London, Australia, Hong Kong, Australia and Zurich.

OBJECTION TO: The theft of property known as “Lot 1 Concession 11 Nottawasaga Township” located on the Noisy River near the source of the Grand River, is Kanion’ke:haka land. The Etobicoke Board of Education never consulted us nor asked us, the Title Holders, for our consent to enter our land and develop your Education Center on it. It is not only unsurrendered land but according to our constitution, it cannot be sold or alienated. The Haldimand Proclamation respects our title to southern Ontario and that there shall never be any encroachment on this tract, as follows:

FREDERICK HALDIMAND, CAPTAIN GENERAL AND GOVERNOR IN CHIEF OF THE PROV OF QUEBEC AND TERRITORIES AND COMMANDER IN CHIEF OF ‘HIS MAJESTY’S FORCES IN THE SAID PROVINCE AND THE FRONTIERS THEREOF. HADIMAND’S PROCLAMATION OF OCTOBER 25, 1785

“WHEREAS his Majesty having been pleased to direct that in consideration of the early attachment to his cause manifested by the Mohawk Indians, and of the loss of their settlement which they thereby sustained that a convenient tract of land under his protection should be chosen as a safe and comfortable retreat for them and others of Six Nations who have either lost their settlement within the territory of the American state or wish to retire from them to the British. I have at the earnest desire many of these His Majesty’s faithful allies purchased a tract of land from the Indians situated between the Lakes Ontario, Erie and Huron and I do hereby in his Majesty’s name hereby authorize and impose the said Mohawk Nation and such others of the Six Nations as wish to settle in that quarter to take possession of and settle upon the banks of the river commonly called Grand River, running into Lake Erie, allotting to them for that purpose six miles deep from each side of the river beginning at Lake Erie and extending in that proportion to the head of the said river which them and their posterity are to enjoy forever.

Given under my hand and seal at arms at the castle of St. Louis at Quebec, this 25th day of October, one thousand seven hundred and eighty four and in the twenty fifth year of the reign of our sovereign lord George III by the grace of God of Great Britain, France and Ireland. King, defender of the faith and so forth”.

The Board has no right to sell it or conduct any activities or business on it. We are repossessing the said land and demand that the Board vacate its illegal occupation immediately.

In taking our land the Board violated our jurisdiction as respected by the conjunction of our constitution, Kaianereh’ko:wa, the Canadian Constitution and the U.S. Constitution. According to Section 109 of the British North America Act 1867, Indigenous people?s “prior interests” supersede that of Canada and its provinces. According to Section 132 the only way to surrender Indian title is through a treaty made with the sovereign constitutional people of our nation with a clear question and a clear majority.

Our relationship is based on the Guswentha/Two Row Wampum Agreement. Our relationship can only be conducted on a nation-to-nation basis. The band council that the Canadian government has set up under the illegal Indian Act does not represent us. The Canadian constitution does not allow foreign federal, provincial and local laws on unsurrendered Indigenous land.

This invasion by the Board and its affiliates violates international law. It is illegal for the Board to override the rights of the Kanion’ke:haka. Take notice that we are repossessing our property immediately!

Any foreigner wishing to enter our territory, for any reason whatsoever, must get permission from the Governor General of Canada who must then inform us. No one individual or foreign entity can invite outsiders onto our territory to oppress a Kanion’ke:haka or misuse our sovereignty or our property. You need to understand the interests of the Six Nations people on our territory so that you will fully understand our position. Also, we have protocols and procedures you must follow to deal with us on a nation-to-nation basis now and into the future.

In Canada we took an action in the Supreme Court of Canada ? Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh v. Attorney General of Canada and Her Majesty the Queen in Right of Ontario, Court File: 05-CV-030785.

We brought this constitutional jurisdiction issue before the U.S. Supreme Court. See No. 05-165: 2005. In the Supreme Court of the United States in re: Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh, Non-party, Petitioner/Movant/Appellant, The Canadian St. Regis Band of Mohawk Indians, Plaintiffs, Respondents, v. The State of New York, Defendants, Respondents. Petition for Writs of Certiorari and Quo Warranto with Prohibition and Mandamus in Aid to Prevent Genocide. Rules 17.1 and 20.1. (Attached)

FURTHER OBJECTIONS:

Whereas:

1.Constitutional jurisdiction over our territory now called “Southern Ontario” and beyond, belongs to the Roti’noshon:ni/Iroquois Confederacy;

2.The Canadian and U.S. Constitutions respect that relations with us shall be conducted on a nation-to-nation basis. The Etobicoke Board of Education, federal and provincial governments do not supersede this constitution-to-constitution relationship between our nations.

3.Contact with the constitutional Indigenous people must be made only through the Governor General of Canada who must carry out her duty and support this repossession of our stolen land.

Therefore:

4.We demand that the Etobicoke Board of Education and their associates immediately vacate its illegal presence on our land.

5.We demand to know how international, federal and provincial entities can violate international law and the rule of law by superseding our jurisdiction over land that we never surrendered through a treaty or any means whatsoever.

By Kanion’ke:haka Women Title Holders

Katenies /s/ __________________________

Kahentinetha /s/ _____________________________

Iagotalona /s/ ____________________________

Contact: Thahoketoteh, 17A mill St., Hornings Mills, Ontario Canada L0N 1J0, 519-925-9695

Enclosed: Haldimand Proclamation; map; 05-165 Mohawk Manifesto.

Sent to: All Media; Etobicoke Board of Education; Toronto Board of Education; City of Toronto; Premier of Province of Ontario; Queen Elizabeth II; Government of Canada; Prime Minister of Canada; Ministry of Natural Resources; Department of Justice Canada; Attorney General of Canada; Attorney General of Ontario; Department of Finance Canada; Indian Affairs; Six Nations Confederacy; Mohawks of Wahta, Six Nations, Tyendinaga, Akwesasne, Kahnawake, Kanehsatake, Ganienkeh and Kanatiohareke; Stock Exchanges of Toronto, Montreal, Tokyo, London, Hong Kong, Zurich.

poster: Thahoketoteh

 

“The answer my friend is blowin in the Wind”

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WHAT GOES ‘ROUND COMES AROUND – HOW THE WOMEN TITLE HOLDERS SEIZED THE WIND MILLS ON THE HALDIMAND TRACTMNN. July 27, 2006. Last January we were called by a Mohawk resident from the community of Tyendinaga who lives at the source of the Grand River. He told us about a huge business development. The “Melancthon Wind Mill Farm” was being built on Haldimand Tract land without the knowledge of the owners, the Six Nations. They want to use our wind to make energy for sale to non-native people.

Two Women Title Holders from Akwesasne and Kahnawake then sent out an objection to this invasion of Kanien’ke:haka/Mohawk territory by a corporation, the Canadian Hydro Developers Inc. Along with this we attached a map, the Haldimand Proclamation and the “Mohawk Manifesto” with all the laws and precedents to support our objection.

It showed clearly their incursion onto our land is illegal. Canadian Hydro Developers contacted us to “have a chat and a coffee”. On June 20th we sent out another notice to have a formal meeting with an agenda. Beforehand we wanted all the information on this project such as financials, projections, plans and so on. They knew that their publicly traded company was soliciting funds for a project on land they did not own.

We asked them to obey the laws under the Kaianereh’ko:wa, the Constitution of Canada and the Charter of the United Nations. We told them to stop this encroachment immediately. Canada must abide by the international law principle that there can be no development on Indigenous land without consulting and getting the consent of the Title Holders.

On July 25th in the Orangeville Banner Canadian Hydro Developers ran a media spin calling it, “Wind Farm phase 2 delayed”. The article states that a longer than expected provincial approval process for phase 2 of the Malancthon Wind Project will push the start-up date for construction back roughly a year [or forever]. They are hoping to build 88 more turbines. The delay they say is the result of the Ministry of Environment, the residents and other “stake holder” complaints [that’s us!].

The company will have to pay out $10 million in capital costs. According to Ann Hughes, Executive Vice President of Canadian Hydro Developers, “It will still be viable. We are very much committed to working through the process”. Is she referring to talking to the Indigenous land owners, the Six Nations, and discussing why they are putting their development on our land without asking us? Thanks Ann. We’ll see you at our table.

This apparently is one of several developments backed by the Ontario government. We say “Thanks for the windmills”. Now we can sit down and talk about what we’re going to give you out of it, if we want to. The windmills are on our property. It’s ours! You’ll just have to keep your hands off them and talk to us about it.

They say they are confident the project will go ahead. They just don’t get it, do they? I’d like to see how they’d react if someone started building windmills in their back yard! They know that they belong to us now. They just want a piece of the action. So we’ll think about it. That’s what we’ll talk about.

They can’t seize anything on Indian territory, which is all of Canada. They should have made a deal with us beforehand. This Johnny-come-lately deal-making is not the proper way to do business with us.

Are they throwing us into their bag of “environmental concerns”. We’re more than that! We’re the landlords! They hope it will be resolved. Nothing is going to change the fact that this is Six Nations land and it is not for sale.

On October 25, 1784, General Frederick Haldimand pledged Britain’s protection for the Roti’noshon:ni people on a tract of land within our traditional domain extending six miles deep on either side of the Grand River running from its mouth in Lake Erie to its source, “to them and their posterity forever”. This promise has not been honored. It’s mostly been breached. Encroachment is just not legal!

Canada has allowed most of our land and resources to be stolen through illegal land transfers and fraud. Dozens of cities and towns have been established on our land without our consent.

We have had enough! Now they’re stealing another of our resources, our wind. They never brought this over from Europe, did they?

We demanded that Canadian Hydro Developers cease and desist immediately. They are trespassing on our territory. We noticed that the Consumers Gas Company has also pulled back its construction of a pipeline near the windmills. As well, a new huge subdivision project has disappeared like the wind. What gives?

Now they have to consult with us to ask for our consent to do anything. No doubt about it, all governments, corporations, their agents, assigns and developers now have to respect the Guswentha/Two Row Wampum Agreement and engage in nation-to-nation dialogue with us. Canada, Ontario and Canadian Hydro Developers do not supersede this constitution-to-constitution relationship between nations. So stop violating our jurisdiction.

In Canada we took an action in the Supreme Court of Canada – Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh v. Attorney General of Canada and Her Majesty the Queen in Right of Ontario, Court File: 05-CV-030785. That’s the basis of our objection.

There is one good sign. They’ve decided to meet with the traditional Confederacy representatives of Six Nations. Let’s hope they realize that signatures to any agreement are worthless unless they have been ratified by our people as a whole. In the old agreements they always asked if they got the consent of all the people.

Kahentinetha Horn
MNN Mohawk Nation News

poster: Thahoketoteh