MNN. Wed. July 5, 2023. This is a discussion with the men’s fire about standing up to the HCCC [Haudenosaunee Council of Chiefs] and HDI [Haudenosaunee Development Insttute] which are private incorporated companies. This is the intervention by the men’s fire against HDI and HCCC to settle all the Ontario and Canada land claims by Canada. They did not ask the people if they could do this because they know all the land is not for sale. The onkwehonweh [natural people of creation] have been given all the land of Turtle Island. The people discussed the responsibilities under the kaiaerekowa of each and every one of us. Â
Here’s how it goes. A band council entity is set up. They offer to help their people. Somebody or a community group get some monies to “benefit the community”, but the band council or its nominee own all the assets from it and can tell us what we can or cannot do. The band council and its entities use our funds to ingratiate, enrich themselves, get into conflict of interest situations and possible fraud.
Remember, the band councils are corporate agents of Canada that were set up on Oct. 25, 1924 to help Canada take and control our land and resources.
              Said the onkwehonweh to the canadien!
For example, an incorporated community association [the band council] invites a so called non-profit society in to build a community hall for the people. In the end it benefits mostly them and Canada, not the people.
The meeting is held at a band council building. The main host is a guy who works for the band council, who is directly involved with the process. Canada and the provinces have millions of dollars in program funds they offer to support projects they deem will ‘benefit’ the community! Â
As a part of the band council corporate apparatus, the nominee employee helps push the grant application forward. He gets their documents together and registers them to be a not-for-profit society in order to receive the funds.
The host suggests they build a structure that would cost $500,000. There will be taxes for each household because this incorporated association is no longer indigenous.Â
The mentor asks for $300,000 for the logs; $800,000 for the lock up; then another $200,000 for the construction of the building, then transportation and putting it together on the site, plus expenses to hook up the water, electricity, and sewage. If they do not get the initial grant, then the costs for the project somehow rise to $1.5. to $2 million which has to be borrowed by the villagers. In most cases most of these enterprises are not needed.
When the mentor, on behalf of the association gets the grant, he owns and leases it to the society for $1 a year. The purpose is not to benefit the community as mostly they never see the money.Â
 Public funds are being used to enrich the corporate non-native band council entity. Out of the $1.5 million or more granted or loaned, the building costs $500,000 and who knows where the rest goes.
The band council cannot be part of any community since they are a foreign for-profit crown corporation. The employee/mentor dupes the people.Â
The conflict of interest is because the band council employee cannot have anything from this grant application process for himself. It was his idea and he has been working with his ‘band council superiors’ to push this project through.
The Supreme Court [Beverly McLachlan] unanimously ruled that the tsilhqot’in does have a claim of 750 sq. Km [680 sq. mi.] of land. This decision is a precedent for all turtle island.
The colonial Supreme Court held that aboriginal title constitutes a beneficial interest in the land, the underlying control of which is retained by the Crown. Why? We are caretakers of turtle island. Indigenous people are sovereign and have all duties and responsibilities to decide everything. Also, to proactively use and manage the land, including its natural resources. But the foreign entity, the Crown, gave themselves the right to override aboriginal title in the so called “public interest�!!
This scam is practiced on every native until all our land is completely taken from us. Everything the intruders do is void as no land can be conveyed. A foreign for-profit private crown corporation does not have any right to deal with the “general public�, including band councils. A private company can only deal with their own employees, property and dependants. “Public� funds are used to enrich themselves by requisitioning this legitimate native property without using their own assets to do it. In fact, the funds could be coming from our “Indian Trust Funds�.
The band councils work dilligently for Canada.Â
Sections 35/52 of the Constitution Act of Canada 1982 and its band councils do not exist according to our way. Original people are caretakers and sovereigns of all turtle island for all future generations. The Crown has no claim on anything.
This is a new way to genocide us by “reconciliation ” with Canada through forced citizenship without physical slaughter as they did in the past.
Rumormillnews 224893 CGI’S empyyreal:CRD in Sook BC, Canada engaged in money laundering, unjust enrichment and fraud with proof. Sat. 24-Jun2023H
Lester Flatt and Earl Scruggs had an insight into the goings on of Indian reservations in Canada in the “The Ballad of Jed Clampett”:Â
Come and listen to a story ’bout a man named Jed Poor mountaineer barely kept his family fed Then one day he was shooting for some food, And up through the ground come a bubbling crude (Oil that is, black gold, Texas tea)
Well the first thing you know old Jed’s a millionaire Kin folk said Jed move away from there Said California is the place you oughta be So they loaded up the truck and they moved to Beverly (Hills that is, swimming pools, movie stars). . . .
MNN. June 20, 2023. The Kahnistensera, Mohawk Mothers of kahnawake, kanesatake, and akwesasne knew Louis karonhiaktajeh Hall, and were greatly influenced by his stories, philosophy and farsightedness. This podcast reveals many of his past, current and future insights into what lay ahead for the Mohawks.Â
The Mohawk Warrior Society is one of the most successful militant organizations in North America. Their predecessors were key to the defeat of the French in Quebec and the United States in the War of 1812. Today, the Warriors are best known for their role in the 1990 Oka standoff against the Canadian army. In the new book, The Mohawk Warrior Society: A Handbook on Sovereignty and Survival, the movement for the first time tells its own history.
We are joined by the editors of this unique anthology of resistance, Philippe Blouin, Matt Peterson, Malek Rasamny and Kahentinetha Rotiskarewake and also by Kwetiio and Karennatha who, along with Kahentinetha, are members of the group Kanien’kehà :ka Kanistansera, the Mohawk Mothers.
Louis will always be honored by the people. The world will never forget the warrior flag he designed. Even the Kingsmen back in the 60’s honoured Louis: Ah Louie Louie. Oh no, Said we gotta go. Yeah yeah yeah. Yeah yeah. Baby. Louie Louie. Oh baby. Said we gotta go. A fine little girl. She waitin for me. Catch a ship, across the sea. Sail that ship out all alone. Me never think how. I’ll make it home. I’ll make it home. Ah Louis Louie. No no no no. Make it home. . . . Â
L Lots is happening and we need basic information.
Please post & distribute.
MNN. March 31, 2023. OCTOBER 25TH, 2024, IS THE 100TH ANNIVERSARY OF THE PLANNED EXTINCTION OF THE INDIGENOUS PEOPLE. INSTEAD IT WILL BE THE CELEBRATION OF THE FAILURE OF THE PLAN TO “SOLVE THE INDIAN PROBLEM”.
The Pope announced that the Doctrine of Discovery has been recinded. He acknowledges and affirms the genocide happened in Canada. Canada supports the Pope’s comments through Sections 35 and 52 of the Constitution Act of Canada 1982 that the kaianerekowa is the law of the land and and that all Canadian laws are “null and void”. This is at odds with the enforcement of the “Indian Lands Act” and the “Indian ACT. The illegitimate government of Canada has plead guilty to all the genocide, i.e. residential schools, land theft, destruction and rape of our mother, ad nauseum.Â
We were always a natural part of turtle island. We have been blocked from taking care of our mother. The Doctrine underlies all the land transactions throughout Canada. It lead to the increased wealth and power of Europe which was the foundation for the industrial revolution, increased globalization, capitalism and neo capitalism. The colonial power Canada is Corporation # ISO CA 3166-1 registered in the Vatican, as are all corporations, based on the fraudulent Doctrine of Discovery. Indian Affairs is a department of the army and the war will never end until the military government of Canada is neutralized. Canada is a corporation owned by a few banking families that claim to own every municipality throughout turtle island and through the birth certificates of every child born in Canada. Â
The greatest form of slavery is when the slaves believe they are free. 500 plus reserves were created as prisoner of war camps on October 25, 1924 [Indian Lands Acts]. The end of the 100 year plan of our demise is now over! We will be free and Canada will be dissolved. Canada is a corporate operation masquerading as a country. The Montevideo Convention of 1932 sets out the criteria for a true country, which must have its own language, culture and land. Canada has none of these. They’ve here to exploit all our natural resources.Â
All these criminals and their families who take oaths to the King of England must be immediately arrested and excommunicated from our land. We never invited them here. All immigrants must ask us for our permission to come here and live amongst us under the law of the land, as caretakers of all of turtle island for future generations through nature, truth and justice. The multi generational invaders can never become indigenous to this land they call Canada. They must adhere to the indigenous law of peace. Â
The kaianerekowa is the law of the land. The usurpers rely on the law of the water, Admiralty laws. All courts in Canada are private corporations under Admiralty law.of the seas. Â
KAIANEREKOWA WILL NEVER RECOGNIZE CANADA. This law has been applied in Canada militarily to hold indigenous people in place and forcefully assert their admiralty jurisdiction on us so the Crown can plunder our resources. Â
THEY NEED TO HALT THEIR ECOCIDAL ASSAULT ON OUR MOTHER EARTH NOW! Canada is going to be accountable for the crime of genocide. In other words, Canada is an illegal entity that is based on genocide and theft and the penalty must be dissolution of Canada. Our planned celebration of the end of Canada will be October 25, 2024, exactly 100 years after the Minister of Indian Affairs proclaimed the “100 Year Plan to be Rid of the Indian Problem”. Germany and the world did not reconcile with the Nazis. Kaianerekowa can never reconcile with genocide.Â
These are truths. Canada must account for these truths.Â
Donavan sings about the first land out of the water, onowarekeh, turtle island. and the first humans to come on the earth, us. Â
The continent of Atlantis was an island Which lay before the great flood In the area we now call the Atlantic Ocean. So great an area of land, That from her western shores Those beautiful sailors journeyed To the South and the North Americas with ease, In their ships with painted sails. To the East Africa was a neighbour, Across a short strait of sea miles. The great Egyptian age is But a remnant of The Atlantian culture. …..The antediluvian kings colonised the world All the Gods who play in the mythological dramas In all legends from all lands were from far Atlantis. Knowing her fate, Atlantis sent out ships to all corners of the Earth. On board were the Twelve:The poet, the physician, The farmer, the scientist, The magician and the other so-called Gods of our legends. Though Gods they were – And as the elders of our time choose to remain blind Let us rejoice And let us sing And dance and ring in the new Hail Atlantis! . . .Â
Recently the Kahnistenseras of Kahnawake were invited to Hart House of University of Toronto to speak about current indigenous issues.Â
 Globe & Mail 1964 republication  of Feb. 11, 1965. ProQuest Historical Newspapers : “Self-Support Indian Goal“
  Â
Kahentinetha Horn, a lissum Indian, forecast an Indian in the future of every University of Toronto student who jammed Hart House art gallery yesterday to hear her talk on the arts and culture of contemporary Indians.                    Miss Horn prophesied that in 35 years, Canada’s Indian population would be 1,800,000 – or roughly one out of every 25 persons. would be an Indian, she said.      “You are the privileged of the privileged”, she told the students. “You are the 82 per cent of the future leaders of Canada” – I represent the despairing 1 per cent who are multiplying rapidly in Canada. Now is the time you must learn about Indians to help us achieve our main goal.”                                    The first goal of Indians is to be able to support themselves, she said.            On each Wall of Hart House gallery hung paintings by Norval Morrisseau, Ojibway Indian from Beardmore, Ont. “They conveyed a message of the past”, Miss Horn said. “Such art flows through the blood of my brothers and sisters – but most of the benefits reaches the white man’s salons?”                            While Indian culture certainly encompasses significant art form, the arts of Indians have leaned more to warfare and politics, Miss Horn said.                “For 20,000 years, the Indians have had a struggle to survive the forces of nature. The cultural arts come only with leisure – after survival.” The greats of her ancestors, the Iroquois, were related to politics and warfare. The United Nations concepts are modelled on the Iroquois Confederacy, for example. Their arts of warfare are the reasons the students speak English today instead of French, she said. That’s why you have Prime Minister Pearson as leader instead of President de Gaulle”.                                                    Most Indians, Miss Horn said, are unemployable. “I’m afraid technical sciences will keep Indians unemployable. We haven’t time to think about our arts. We have to keep our people alive. How to keep our women alive, for example, past the age of 45. Why does one out of 10 of our babies die before the age of 4? Don’t ask me why; nobody has ever researched the reason. It’s just a statistic. We need housing, medical care, community planning, training and education. We need an interest in welfare – there’ll be one of us in thec future for every one of you.Â
   Note to readers: The population of indigenous people in Canada today is 1.800,000. Â
The Mohawk Warrior Society Book Launch and Screenings on Indigenous Sovereignty and Survival Tuesday, October 18, 2022 – Wednesday, October 19, 2022 11 a.m. – 4 p.m. 4TH SPACE J.W. McConnell Building, Concordia University 1400 De Maisonneuve Blvd. W., Montreal The Mohawk Warrior Society: Book Launch and Screenings on Indigenous Sovereignty and Survival
Join us for the launch of an unprecedented book, a public roundtable with members of the Kanien’keha:ka Rotiskenrakete of the Men’s Fire and Kanien’kehá:ka Kahnistensera, an activist group of Mohawk women from Kahnawake, and film screenings in celebration of Indigenous culture and resilience.
[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. Â
PART I AUDIO: [in 3 parts]
MNN. Jan. 10, 2022. Section 35 [1] of the Constitution Act of Canada, 1982, provides “the existing precolonial aboriginal and treaty rights of the aboriginal people [of turtle island] ARE HEREBY RECOGNIZED AND AFFIRMED”. Section 52 [1] affirms that “‘any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, OF NO FORCE OR EFFECT.Â
Therefore, the kaianerekowa, which is the existing aboriginal legal system which we have inherited from precolonial times which was never revoked or conceded, is the supreme law of “Canada”. All laws not recognized by kaianerekowa are of no force or effect on any of our land.
AUDIO
No: T-1696-21
FEDERAL COURT
BETWEEN:
THE KANIEN’KEHA:KA KAHNISTENSERA (MOHAWK MOTHERS) KAHENTINETHA, KAWENAA, KARENNATHA AND KARAKWINE, supported by the MEN’S FIRES OF KAHNAWAKE, AKWESASNE, KANEHSATAKE, OHSWEKEN AND KENHTEKE
Applicants
And
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES,
MCGILL UNIVERSITY; OFFICE OF THE PRINCIPLE & VICE CHANCELLOR;
CITY OF MONTRÉAL; and STANTEC CONSTRUCTION:Â
Respondents
APPLICANTS’ RESPONSE TO THE RESPONDENTS’ REQUEST
TO STRIKE OUT THE APPLICANTS’ PLEADING
(Rules 4, 8, 25, 221 and 369 of the Federal Courts Rules)
Â
TABLE OF CONTENTSÂ Â
Notice of Motion………………………………….………………………………….…..3
Written Submissions of the defendant…………….….…………………………………..6
Proposed Court Order …………………………………………………………………..16
THE MOTION SEEKS to (1) confirm that the Federal Court is the competent court to judge the present case.Â
THE GROUNDS FOR THIS MOTION ARE AS FOLLOWS:Â
In their Avis de requête, the Respondents suggest that the Federal Court would not have the ability to judge our case and ask to strike it out.
The Respondents allege that the case does not meet the three-part test established by the Supreme Court to determine if it belongs to the jurisdiction of the Federal Court.
However, as sovereign traditional rotinonhsonni people, the Applicants are adamant that the Federal Court is the only instance available within the State of Canada which can examine their case, as it concerns the nation-to-nation relationship between Canada and the rotinonhsonni confederacy.
The Applicants argue that not receiving the case in the Federal Court would violate the Silver Covenant Chain and Two Row Wampum treaties between the Rotinonhsonni Confederacy and the British Crown the fiduciary obligation of the Crown towards Indigenous peoples, the Royal Proclamation of 1763 and the Constitution of Canada, 1982. The Rotinonhsonni Confederacy has no dialogue or historical relationship with the Canadian province of Quebec, which lacks competence in Indigenous issues.
The Applicants also argue that the case concerns Bill-15, which is an Act of the Canadian Parliament, acknowledging and affirming the United Nations Declaration on the Rights of Indigenous People, notably the right to patriate human remains.
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
Me Doug Mitchell, of IMK AVOCATS, Counsel for the defendant McGill University, Place Alexis Nihon / Tower 2, 3500 De Maisonneuve Boulevard West, Suite 1400, Montreal (Quebec) H3Z 3C1, Telephone 514 935-2725
Me Simon Vincent, of BÉLANGER SAUVÉ, S.E.N.C.R.L., Counsel for the defendant, City of Montreal, 5, Place Ville Marie, bureau 900, Montreal (Quebec) H3B 2G2, Telephone: 514 876-6203
WRITTEN SUBMISSIONS OF THE APPLICANTS
Context
The plaintiffs hereby requesting an injunction order from the Federal Court of Canada are the kahnistenhsera (life-givers, i.e. women), which wampum 44 of the kaianerekowa, the precolonial constitution of the rotinonhsonni (Iroquois) confederacy, declares as the sovereign caretakers of a’nowarà :ke, turtle island, for the coming generations, tahatikonhsontóntie. As sovereign indigenous people, the kaianerekowa is our basis of all adjudication and resolution, and our duties and rights are exercised in our protocols, clan system and oral tradition which come from time immemorial.Â
The Applicants are adamant that the Federal Court of Canada is the proper court to examine the case. The following arguments explain why.
ArgumentsÂ
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 (“FCAâ€�); 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.Â
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 Canadaâ€� within the meaning of section 101 of the Constitution Act, 1867.Â
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 ‟patriationË®, 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 Canadaâ€�, the federal laws, referred to in 101of the Constitution Act, 1867.â€� In para. 64, it states that “Surely constitutional law is neither federal nor provincial. The Constitution logically precedes that distinctionâ€�. 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 otherwiseâ€� (i.e., under federal law) as required by s. 23(c) of the Federal Courts Act. Section 23â€�.Â
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 Rights4Â 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.Â
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 (“FCAâ€�) 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 remedyâ€�. 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.Â
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 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 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.Â
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.Â
Canada and its affiliated institutions are currently violating the sovereign rotinonhsonni constitution of the kaianerekowa, the Great Peace. Section 35 [1] of the Constitution Act of Canada 1982 provides: “the existing [pre-colonial] aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section 52[1] affirms that “any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.â€� 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 “Canadaâ€�. 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.Â
After the discovery of 215 unmarked graves of Indigenous children in Kamloops, Prime Minister Justin Trudeau admitted that “We are guilty of genocideâ€�, suggesting that the Truth and Reconciliation Commissions’ “Call for actionsâ€� must be followed to allow a reconciliation between settler and indigenous peoples in Canada. Mohawk language contains no word for “I am sorryâ€�. We say Enhskerihwakwatá:ko, “I will make it rightâ€�. 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.Â
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.Â
We are not addressing this court to debate or be bound by the legal procedures of a judicial system that must first assess its fundamental nation-to-nation relationship with the sovereign indigenous peoples of a’nowarà :ke. We are placing our provisions of the kaianerekowa before you for your records. It is up to the Canadian court system to judge its own citizens if they violate the kaianerekowa. The kaianerekowa exists since time immemorial and can never be amended as it is based on the natural world. The kaianerekowa does not recognize other laws on a’nowarà :ke. All laws of Canada, case laws, treaties, and procedures have no force or effect unless they are recognized by the supreme law of the land, the kaianerekowa.
Today we are embarking onto the European ship to remind settlers of the original law of this land. The colonial court under your sail has no jurisdiction over us, the sovereign kanienkehaka:onwe. You have jurisdiction over your own people on your ship. Without our permission the governance of your people overreached its jurisdiction, violating the kaianerekowa. Your ship is temporarily chained to our shores by a Silver Covenant Chain agreement. We request that your colonial settler population respect us, follow your laws, to stop the genocide and crimes against us. We are not Canadian subjects. Our culture is based on the natural world. We will tell you the truth, and we will expect you to respect it.
A’nowarà :ke, January 8, 2022.
toknikon, the sovereign caretakers,
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
COURT ORDER
CONSIDERING the Notice of Motion filed in the Federal Court of Canada by the Applicants on November 9, 2021;
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”
-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 4L8Â Â
Two other letters had also been sent on November 9, 2021, from the SQI to the Band Council offices of Kahnawake and Kanehsatake, inviting Band Councillors to collaborate on exchanging information on potential unmarked graves on the site of the AMI that the SQI claims to own. The two letters clearly circumvented and invisibilized the authority of the traditional caretakers of kanien’keha:ka territory, the kahnistensera, who had raised the allegations in the first place, and who are solely responsible for the land. Band Councils were forced upon Indigenous peoples by the Indian Act, and the resistance of traditional kanien’keha:ka government to this colonial government system was brutally crushed as the RCMP stormed the Akwesasne Longhouse in 1899 to impose it, killing chief Jake Fire and seizing wampums and traditional regalia. Given that Band Councils funnel funds from the Federal Government and assume control of Indigenous communities despite extremely low participation in tribal elections, they are not recognized as part of the traditional kanien’keha:ka nation, and they are in a conflict of interest that impedes any possibility of them being involved in the search for unmarked graves.
THE MEN’S FIRE ARE GONNA CLEAN UP THEIR ‘BRAINWASHING’ ACT!
This letter is to notify the proper protocol that will be followed now that the necessity of an investigation was acknowledged by McGill University and the SQI. In the current search for unmarked graves in the grounds of the Mohawk Institute in Brantfort, Ontario, near ohsweken (Six Nations of the Grand River), great care was taken to avoid the local Band Council from being involved, given their conflict of interest as representatives of the Federal government. Instead, a group composed of survivors and grassroots traditional Indigenous peoples –women, “kahnistensera� –, was formed to supervise and monitor the investigation. The same process will be followed in the upcoming ground penetrant radar investigation on the grounds of the AMI. A group composed of MK-Ultra survivors and their families, as well as the Secretariate of the kanien’keha:ka kahnistensera (Mohawk mothers), including representatives from every kanien’keha:ka clan (bear, turtle, wolf), will lead the investigation under the traditional Indigenous legal framework of the rotinonshonni (Iroquois) confederacy: the Great Law of Peace (kaianerekowa). Therefore, all future correspondence must be addressed to the Secretariate of the kanien’keha:ka kahnistensera. To ensure no conflict of interest, the role of the SQI, the Government of Canada, the City of Montreal and McGill University will be limited to allowing access to the grounds, financing the investigation using funds borrowed from the Iroquois Trust Fund in the 19th Century, and facilitating the investigation by releasing all files concerning medical experimentation programs at the Royal Victoria Hospital and AMI.
Yours truthfu
Secretariate of the kanien’keha:ka kahnistensera
Muse sings what’s around the corner; “Rise up and take the power back It’s time the fat cats had a heart attack chase the fat cats. You know that their time’s coming to an end We have to unify and watch our flag ascend (So come on)”