MNN. June 20, 2022. This letter was sent to “Deloitte, the Indian Day Schools Class Action Claims Administrator, P.O. Box 1775, Toronto, ON, Canada M5C 0A2m Tel. 1-888-221-2898 www.indiandayschoolsclaims.com
REGISTERED MAIL.
Dear Sirs:
June 12/22: Claim. ID EEN-00080303 Jane Doe. Re: Level Determination.
I am eligible for the Level 5 claim of $200,000 from the Indian Day School Class Action Settlement, plus another $50,000 dollars for the continued torture that Deloitte, Gowling and Canada are causing me at this time.
No one explained why there are 5 levels of suffering to decide the amount to pay each victim. Every victim suffered 100%. Oddly, attorney and auditor fees were settled before ours.
Canada plead guilty because they did the crime and had all the records, not allowing us to cross-examine them. Our lawyer, Gowling, represented us and Canada and did not advise and protect us.
Canada plead guilty and has no choice but to agree with everything we say. The case is uncontested. We do not have to prove what Canada plead guilty to.
I am a victim since 1940 and am part of this class action case we won. A jury should have decided the remedy for the mental and physical abuse and terrorism. Deloitte cannot decide whether the physical harm and abuse I suffered was bad enough for them. In 1988 Canada transferred the schools from the churches to the band councils who both work for Canada. Indian Affairs is part of the army.
One of the biggest mental violations was genociding my original kanonsesne kanienkehaka:onwe name.
Canada plead guilty to committing the following crimes of torture. We survived the government’s Indian day school atrocities. We were not meant to recover from the trauma. Some torture techniques were total darkness, light & sound deprivation, various diseases, starvation, pain inducing and numbness holds [some prolonged in body casts] , raping, drugging, electric shock and mind control. Canada admitted to hiring churches and private institutions to spread diseases, sexual abuse/harm, touching of genitals or private parts, spread venereal disease, exposing themselves, fondling/kissing, taking nude photos, physical abuse and assault which caused serious physical harm requiring medical treatment and resulting in the murder of millions, beating us if we spoke our indigenous languages, mental anguish while anticipating the physical and mental abuse and possible death as part of the genocide program.
Canada also plead guilty to sexual abuse/harm [masturbation, oral intercourse, penetration or penetration with an object causing physical assault, permanent or long-term harm [injury, impairment or disfigurement] and impregnating and sterilizing the children. [Then murdering the babies ].
Offer these two ancient relics on your holy apology tour. It’s all we really have of any value.
Canada admits, “Yes, we did it!” and now has to settle and pay its victims according to the admiralty law system imposed upon us.
kahnawake, tyendinaga and over 600 indian reservations and communities were victims. My home is still under military control. Some of the teachers were WW2 veterans, priests, nuns, missionaries, dentists, doctors, nurses, and other psychopathic adults and authorities.
There is no statute of limitations for these crimes which deliberately attempted to destroy our greatness. Since 1905 to 1987 all our medical records were with the Canadian government, Indian Affairs, or, in my case, the Kahnawake hospital or some other department of the military.Kahnawake Hospital informed me that all my medical records from 1940 to1987 have disappeared. The presumption is they were destroyed. So Deloitte’s reconsideration form can’t be completed. By law Canada is obligated to believe me. As a sovereign onkwehonweh, I have determined that I am eligible for the No. 5 level of suffering of $200,000 offered plus $50,000 for the pain and suffering I am enduring presently, and another $50,000 for each time I am deprived of my right to protect myself. I am being treated by Canada as a prisoner of war so that I will suffer more.
Canada gave Deloitte a retainer of $44 million to make and send the checks to us, not to decide our cases. Deloitte is illegally withholding payment unless we illegally relive our horrific experiences to their satisfaction. Then Canada gave $55 million as a retainer to the defence lawyers, Gowling, without asking for our approval.
Canada is paying us from our own Indian Trust Fund.
Canada and their sidekicks are trying to revictimize the victims. Deloitte’s job is to keep the payout down for Canada. Gowling’s job is to settle Canada’s crime without a trial so everybody cannot see and hear the evidence of genocide of our people. There should be an investigation of the actions of Canada, Deloitte and Gowling by the victims. Together they are working as B.A.R. lawyers to whitewash the genocide.
Finally, as a people we were deprived of our culture, land and our care taking duties to our mother earth and our future generations, which is priceless.
The creation of torture systems were contracted to universities and hospitals by the CIA, MI5, CSIS and other academic, government and military institutions. Indigenous children were used to create the war prisoners torture programs. [See video “Eminent Monster”. A Manual for Modern Torture. https://www.youtube.com/watch?v=JfZHOPGc7CM ]
As Deloitte, Gowling and Canada assume they represent me, CCR say, “It ain’t me”. As John Fogarty sings: “Somefolks are born made to wave the flag. Ooh, that red white and blue. And when the band plays “Hail to the Chief. Ooh, they point a cannon at you. It ain’t me. It ain’t me. I aint no senator’s son. It ain’ me. It ain’t me. I ain’t no fortunate son. Some folks are born with a silver spoon in hand. Lord, don’t they help themself. When the tax man comes to the door ….”
MNN. May 29, 2022. The kahnistensera mohawk mothers are in charge of this land on behalf of the future kanienkehaka:onwe mohawks. The city of tianitiotiakon [formerly called Montreal] has put our symbol of the tree of peace in the centre of its flag to acknowledges that all this land is indigenous since time immemorial. All trespassers throughout Canada already open every event by an acknowledgement of this fact. Now the kahnistensera mohawk mothers, the progenitors of the soil, are informing everybody that from here on the kanienkehaka:onwe mohawk language will be the official language both orally and in writing in tianitiotiakon.
Montreal is a business cartel like all corporate entities throughout turtle island. Their government syndicates are all illegal and can never be sanctioned under the tree of peace. The land can never be delegated as it belongs to the future indigenous people.
The genociders arrived and made foreign laws and set up institutions to victimize, murder, physically and mentally genocide us, to take our languages as part of their “land grab” culture.
The aliens to this land were welcomed to live under the tree of peace. Indigenous culture is premised on peace, truth and justice. However, the trespassers brought a system of racism, hatred, injustice and genocide.
LOGO FOR CORPORATION OF CITY OF MONTREAL
tehatikonsaniron, tehatinasonten, we called them people with “hard faces” and “forked tongues”, who are hostile to us and our land. The only remedy we seek is to return to the principles of the kaianerekowa great peace and teiohateh two row.
The intruders developed extensive propaganda called ‘curriculum’ to spout untruths.
Presently the dictators of Canada are trying to force all indigenous to speak two foreign languages, English and French, through new laws with severe punishment and destitution for those who don’t comply, in their continuing effort to complete the genocide. Our culture has nothing to do with English and French. They were to adapt to our principles.
The canadien [squatters] have no land, no indigenous language and no culture here. They are not a nation and they do not belong here. Their country is where they come from and where they shall return.
Colonialism is a disease that has arisen under the influence of propaganda that targets us to make us become non-existent. They have not colonized turtle island. They are a military occupation force squatting on our land. They violate the kaianerekowa and teiohateh. Ever since their invasion they have tried to destroy the great peace and the people that follow it. Our protection from their military and colonial brainwashing are the great peace and our indigenous languages.
That symbol of the tree means world peace. None of these predators can come face to face and tell us what is the significance of the white roots of peace which is suppose to sit on top of the earth and encircle the whole world.
A Tribe Called Red reminds everybody that …. “You have taken the land which is rightfully ours. Years from now my people will be forced to leave our homes and reservations. Your people will wear cardigans and drink high balls. We will sell our bracelets by the roadside . . . and we will be forced to burn your village to the ground”
Follow case of mohawk mothers: Province of Quebec Superior Court District of Montreal, 500-17-120468-221 kahentinetha et al. Plaintiffs v. societe quebecoise des infrastructures et al defendants. First day in court May 30, 2022.
thahoketoteh@ntk.com kahentinetha2@protonmail.com mohawknationnews.com PO Box 991kahnawake quebec canada J0L 1B0
MNN. May 25, 2022. This is all about theft of indigenous land. Never mentioned in the OCPM report or news stories today is that all the land is unceded kahnienkehaka mohawk territory since time immemmorial. Land is the only issue. No invader can produce ownership or rightful occupation of any land on turtle island. They are trespassers. Only the indigenous can give permission for everything. We are placed here by creation since time immemorial. Mainstream media misled the public by saying that the project got the “green light” when OCPM has no decision making power. The kahnistensera on the other hand have all the power [kasastenserakowa sa oiera] and have given the red light to this project of the foreigners to our lands.
The OCPM [Office of Public Consultation of Montreal on the Royal Vic – McGill Project], cannot give the green light. No foreign organization can do or say anything on our land. The Commission rightly recognizes, however, that our requests are “beyond the mandate and competence of the Commission”, meaning they have no authority, because they are a military occupying force.
This land theft permit deliberately overlooks the dispossession and genocide that we experience. They don’t want to own up to the truth. Our children were kidnapped for experimental research and placed throughout turtle island, which is soaked with our people’s blood. For the first time Canada is being requested to find unmarked graves of indigenous children outside the reserves and residential school death camps property. McGill, CIA, Canada, the military imported nazi serial killers called scientists to invent better mind control methods and to help Canada find a “final solution to the indian problem”.
Many people support our demands to repatriate the remains of our ancestors, and to acknowledge that this mountain, tekanontak, is part of the vast unceded kanien’keha:ka territory. All of the jurisdiction must be unconditionally returned to the caretakers, the kahnistensera and the rotiskenrakete.
The OCPM giving the green light for construction of the grandiose destruction of the mountain of the kanienkehaka:onwe is criminal.
This is a matter of international law. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states that “Indigenous peoples have the right to own, use, develop and control the lands, territories and resources which they possess by reason of their traditional ownership” and emphasizes “the right to repatriation of their human remains”. Montreal has placed our Great White Pine of Peace at the centre of its municipal flag. We did not give permission to the canadien [squatters]. We want our land, not patriated symbols. If reconciliation over the murder of our children is to mean anything, remove all symbols of oppression. The New Vic project will not happen.
tekanontak [mount royal] is part of a special communication system of the onkwehonweh throughout turtle island. iI was a major point of the message of the great peace:” On the mountain was a treasure. Buried deep beneath the stone. And the valley-people swore. They’d have it for their very own….”
O:nen The kanien’keha:ka kahnistensera (Mohawk Mothers), kahnawake. Quebec Superior Court Montreal [which is also a militaqr establishment] hearing on May 30, 2022. #500-17-120468-221
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.
Audio
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)
MOHAWK MOTHERS DROP THEIR LAWSUIT AGAINST MCGILL UNIVERSITY, ROYAL VICTORIA HOSPITAL, CITY OF MONTREAL & STANTEC CONSTRUCTION
Audio
MNN. Mar. 23, 2022. The Federal Court of Canada FCC lawsuit has been dropped. The kahnistensera Mohawk Mothers sent a request on March 18, 2022: “to drop the case without costs and conditions”. They all instantly agreed.
Re: kahnistensera v. societequebecois des infrastructure and others. FCC Court File No: T-1696-21. The FCC hearing set for Thursday, March 24, 2022 is cancelled.
It is clear the procedural swamp is drowning the substance of their case. FCC was being asked to force a lawyer on them contrary to the kaianerekowa, that only one can speak, that they pay the costs for taking up their time and that this court may not be the right jurisdiction. This case is about murder, theft, international crime, macabre experiments on children, etc. FCC has over 900 rules and forms to fill just to get in the door, actually before their zoom camera.
The kahnistensera Mohawk Mothers state, “Everyone knows grave wrongs have has been committed against us on our land, which continue”. The courts are designed to protect the trespassers. We tried to bring an action about the holocaust of indigenous people, the theft of our land, water and air in our midst here in tekanontak, Mount Royal [Montreal].
“Agreements and pledges were made between us for as long as the trespassers are in our house. teiohateh, two row agreement, the way of our land, of our mother, is based on love, peace and harmony which are being ignored and eroded”.
“Creation made us and our land free since time immemorial until infinity. kaianerekowa, the great peace, provides our duties for what is right and best for us, our environment and our relations. Our case was to put our story into the colonial court records for all to see. The Federal Court, is a private corporation, owned by the shareholders of the Crown. They never intend to hear anyone who goes against the Crown.”
“The lawyers of our opponents tried to stop us from proceeding according to the kaianerekowa, the great peace, to represent our natural selves and refuse to have a bar lawyer speak for us”.
The only jurisdiction over this land is that of the indigenous people. Not the judge or the foreign court of the Admiralty Law of the Seas. In fact the Constitution of Canada affirms that indigenous law supercedes all the laws of Canada.
The Mohawk Mothers informed the lawyers of their opponents, McGill University, Province of Quebec, City of Montreal, Stantec Construction and Allen Memorial Hospital that they in effect refuse to be part of the time wasting FCC procedures that keeps them from dealing with the merits of the case.
They went to the Federal Court to remind Canada of the promises that were made and to give them an opportunity to right their wrongs.
The indigenous way is natural. The colonial way is artificial, statutory law.
Everyone has a right to ‘due’ process. The Mothers were ready to proceed from the first filing five months ago. The procedures are set up for people with a lot of money and resources who can pay to swim in the procedural swamp. Nothing threatening to the court is ever allowed into the swamp. The mothers never even saw a judge. After 4 months the mothers were still dealing with minor procedures through bureaucrats, with threats of ‘costs’ and an order to find a lawyer in 45 days.
Time is of the essence. The indigenous people refuse to live in third world conditions, be targets of genocide, suffer from imprisonment in Indian Residential Schools and Indian Day Schools, be murdered and never seen again, lose their minds, names and go through the horrors indigenous people still go through.
The mothers refuse to let bygones be bygones. The band council agents of the Canadian government are always summoned to speak for the natives though they represents only 1% of the indigenous people. They are the aiders and abettors of the genocide.
All indigenous people live in every part of turtle island, placed here by creation. They want to explain what is happening to them.
Apparently the Federal Court of Canada cannot interpret sections 35 and 52 of the Constitution Act of Canada 1982, their own supreme law. The mothers wonder why they even have a court. There appears to be no law.
The mothers don’t care about jurisdiction. They want the unmarked graves on turtle island investigated, for the land and money to be returned to the indigenous people and to stop the Royal Vic development for which the kanienkehaka never gave permission.
The mothers are each original and sovereign and wanted to take their message to the FCC without restriction. No Canadian statute or anyone can say otherwise. The mothers are asking for an interpretation of the Constitution. If the FCC cannot do it, then no one can. Therefore, it does not exist. It is unnatural and so has no power. The kaianerekowa, great peace, is the great natural power.
Jailbreak by ACDC, is about breaking out: “There was a friend of mine on murder and the judge’s gavel fell. Jury found him guilty. Gave him 16 years in hell. He said, “I ain’t spending my life here., I ain’t living alone. Ain’t breaking no rocks on the chain gang. I’m breaking out and heading home. Gonna make a jail break and I’m looking towards the sky. I’m gonna make a jail break. Oh, how I wish I could fly. All in the name of liberty. Got to be free. jail break. Jail break. Let me out of here. Jail break. 16 years. jail break. Have more than i can take. Jail break. Yeah. He said he seen his lady being fooled with by another man. And she was down and he was up. He had a gun in his hand. Bullets started flying everywhere. People started to scream…”
MNN. Feb. 22, 2022. [By kenienkehaka messenger thahoketoteh of MNN]. [This is the correct date]
LAWYERS GET OFF FIRST SHIP TO TURTLE ISLAND.
kahnistensera Mohawk Mothers are defending their right to represent themselves. tewatatewennio is a fundamental right of the people to speak from their own minds according to kaianerekowa process.
The Federal Court of Canada is being requested to issue an order forcing the kahnistensera Mohawk Mothers to be represented by a lawyer, violating kanienkehaka law;that kahnistensera cannot speak in the proceedings; and to cover the ‘costs’ of the respondents [McGill, Quebec, Montreal and Stantec Construction].
IN THE BEGINNING COLONISTS, POLITICIANS, LAWYERS & COURTS BEGAN TO DESTROY THE VOICE OF THE NATIVE WOMEN.
March 24th is another attempt to waste time by throwing the kahnistensera into the court’s procedural swamp.
Sections 35 and 52 of the Constitution Act of Canada 1982 affirms that the kaianerekowa, the great peace, and the teiohateh, two row agreement, are the supreme laws of turtle island.
ALL LAWS OF CANADA ARE OF NO FORCE AND EFFECT. SEC. 35 & 52. CONSTITUTION ACT OF CANADA 1982.
The kahnistensera wish to begin as soon as possible to address the crimes: the unmarked graves of the children, the theft of kanienkehaka Mohawk land, the debts owing to the Indian trust fund by McGill and the City of Montreal and to stop the construction of the Royal Vic renewal project of tekanontak, Mount Royal.
This court of the invaders cannot adjudicate over the indigenous people. The kahnistensera have obligations to fulfill determined by creation. They cannot abandon their pledge. The invaders originally promised to respect all people of the Western Hemisphere and remain on their ship.
The invaders agreed to make a peaceful relationship with the onkwewonweh. It is apparent they do not remember their pledges and ways of maintaining a peaceful relationship.
According to Sections 35 and 52 of the Constitution, the colonial judiciary is inconsistent with indigenous laws, therefore of no force and effect. The lawyers want a lawyer from their privately owned judicial system and to determine who shall speak for the kahnistensera. The lawyers threaten them with exorbitant “costs”. The court is asking the kahnistensera to reveal how much money they have. Indigenous resources are raped, Indian trust funds are set aside for use by the invaders, the land is continuously misused and the children are genocided. Their own books will reveal how much wealth they have taken from the indigenous. In 2020, the GDP [value] of Canada amounted to about 1.64 trillion U.S. dollars, which is the Indian Trust Fund.
They also want to decide how much time they can speak in court. For over 500 years the invaders created the havoc and destruction of turtle island. The indigenous have persistently tried to stop the genocide of the peoples and the natural world. The Federal Court of Canada must see all the wrongs that have been done and that can be stopped. All parties must start telling the truth.
Let us begin a new era of relations, by getting to the substance, such as investigating the suspected unmarked graves of our children on tekanontak, Mount Royal, the theft of un-repaid Indian funds to build the McGill military college in 1820, the invasion of our unceded lands. The only binding laws on turtle island are the kaianerekowa and teiohateh.
LAWYERS HAVE LAWYERS.
The kahnistensera are not looking for adjudication. They remind the court of the commitments the invaders made to the people and the land. Prime Minister Trudeau has conceded these wrongs and requires them to be remedied. They want the court to honour and fulfill all the pledges they made. Foreign laws are not applicable to the indigenous or the land, according to the Constitution. The invaders must remain within their ship.
The invaders can never own any of indigenous land. Nor give themselves rights to turtle island. The people of this hemisphere must be respected.
There is harmony between the rotisikenrakete, the men, and the kahnistensera, the women. They are of the same mind. All are concerned for human rights, children, future generations and for all the family that is on this land. rotiskenrakete carry their commitments in their medicine pouch that connects them to their mother. They carry the soil with them to remind them of their duties and responsibility.
kahnistensera are not of this so-called government or nation. They have gone to the Federal Court to remind them of the crimes committed to the people and mother earth. They are part of everything that is original to this land. They remain in the canoe while the invaders are on the ship that will take them back to their mother.
LAW SCHOOL.
The court erroneously refers to the kahnistensera as a group, organization or corporation. They are the original women of turtle island, the life givers and caretakers of the land. They wish to speak openly so their words may be heard by everybody to let them know who the indigenous people are.
The government band councils work for the white corporations in the Prisoner of War camps called reservations, under a ‘war measures’ system run by a military complex. The invading state is now turning the gun at their own people. This happened many times to the original people right up to the present. Canada is disqualified from being a country because it does not and cannot have the land that belongs to the original people.
The kahnistensera have come to remind the Federal Court that they shall decide who will speak for the people and they will defend the people, the culture and the land.
The kahnistensera are seeking a JUDGMENT from the Federal Court of Canada that the kaianerekowa and teiohateh are the Supreme Laws of turtle island, and that all laws of Canada are hereby adjudged to be inconsistent thereto and are of no force or effect on this issue. Signed & dated by the Federal Court Justice.
George Thorogood sings about doing everything he can to get back to his woman: “I pulled out of Pittsburg rolling down the eastern seaboard. I got my diesel wound up and she’s running like never before. There’s a speed zone ahead but alright I don’t see a cop in sight. Six days on the road and I’m gonna make it home tonight”.
MNN. Jan. 14, 2022. [Thahoketoteh of MNN on FCC Court case.] Day 1, Federal Court of Canada. The prothonotary/judge, the lawyers for McGill, Montreal City, Quebec Government and Stantec Construction listed the court’s protocol demands for the whole two hours on Zoom. The kahnistensera Mohawk Mothers wanted to discuss the “substance”, which is the investigation of the unmarked graves of the children behind McGill University. The judge and the rest wanted the kahnistensera to each have a lawyer who knows the court rules. Even appointing one on their behalf. Those who represent themselves delay the justice system and the state wins by twisting around its rules. They want to avoid the kanienkehaka culture. They allotted two days for the women to answer their procedural questions. In the end, to get them out of their court system, they suggested outside mediation so there would be no resolution.
COURT TACTIC #1: THROW THOSE WOMEN INTO OUR PROCEDURAL SWAMP!
AUDIO:
No: T-1696-21
FEDERAL COURT
BETWEEN:
THE KANIEN’KEHA:KA KAHNISTENSERA (MOHAWK MOTHERS) KAHENTINETHA, KAWENAA, KARENNATHA AND KARAKWINE, supported by the MEN’S FIRES OF KAHNAWAKE, AKWESASNE, KANEHSATAKE, OHSWEKEN AND KENHTEKE
Applicants
And
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES,
MCGILL UNIVERSITY; OFFICE OF THE PRINCIPLE & VICE CHANCELLOR;
CONSIDERING THAT on Jan. 14, 2022, 1:30 PM-EST the Federal Court Prothonotary and the Respondents have asked the Applicants to file a notice of motion on the following subjects:
Representation
Sequencing
Out of court litigation
THE MOTION SEEKS to (1) explain why the traditional protocol that the kaianerekowa, great peace, provides that the sovereign rotinonhsonni Applicants do not use a lawyer; (2) Confirm that the Applicants’ original request for an injunction must precede the Respondents’ motion to strike the case out of the Federal Court; and (3) notice to the parties that a litigation before the International Court of Justice of The Hague may be envisioned.
THE GROUNDS FOR THIS MOTION ARE AS FOLLOWS:
In accordance with our traditional protocol, the above questions were submitted to the kahnistensera (Mohawk Mothers), who have interpreted the provisions of our precolonial constitution, the kaianerekowa.
Representation
Our case refers to Sections 35 and 52 of the Constitution of Canada Act, 1982, which states that “the existing pre-colonial aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. The Aboriginal rights of the rotinonshonni people is the kaianerekowa, great peace, whose constitution does not recognize other laws. Pursuant to 52, the supreme law of Canada establishes all laws of Canada are inconsistent with the kaianerekowa and therefore of no force or effect. The kahnistensera are strictly following the protocols provided by the kaianerekowa at all steps of this legal process.
The Prothonotary, and the four lawyers for the Respondents suggest that the kahnistensera get a lawyer to represent them so the case can move faster and easier for them. According to the kaianerekowa this will not be possible, as each kahnistensera is sovereign, has the right to be heard, and must represent herself through the established way. The kahnistensera are not a “group” and do not have any “spokesperson”. kaianerekowa provides they have an obligation to each put our own words into the issue through our protocol.
Our decisions are based on going back to the people for their words. In our way everyone’s voice must be heard through our clans. Our consensus-based culture does not allow a single “spokesperson” to make a decision without consulting the people. Each must voice their opinion according to tentewatate’nikokonhri:sakta, “to search in each other’s minds for the truth”. The kaianerekowa values decorum where one speaks, and all listen until the speaker completes their thoughts. We listen to our opponents and do not immediately answer. We take it back to our people for their minds. We then bring back their words. We each represent our people and their words. This has been our way since time immemorial.
Advising us to have a lawyer is imposing a protocol on us which is inconsistent with the kaianerekowa. A lawyer or spokesperson with no cultural background on the language, culture and substance of the kaianerekowa would be inconsistent with our law and damage our cause. They don’t know who we are. A lawyer has a sworn allegiance to uphold the laws of Canada, which Section 52 declares are of no force or effect. Also, they would expect to be paid for having us teach them our culture and how to try to litigate our case. By contrast with the Respondents, we are not a corporation having the kind of money necessary for such a process.
Sequencing
As to sequencing, we are adamant that our original demand to order an injunction is an urgent matter that cannot be delayed by court technicalities. We were prepared to address this timely issue during our hearing on January 14th, 2022. We were mislead. Instead of treating the issue, the 2-hour hearing only dealt with court technicalities which have no grounding in our culture and our law. We are ready to state our case.
We wish to deal with the substance for relief as soon as possible. The motion to strike out our cause will not be necessary if the Federal Court abides by Sections 35 and 52 of the Constitution Act of Canada, 1982, which show that the motion to strike out our case concerns mostly procedural rules which are of no force or effect given their inconsistency with our sovereign Aboriginal law, the kaianerekowa.
The kaianerekowa, great peace, does not suggest any difference between local, regional, provincial, federal, commonwealth, private or public courts. It is concerned with the self-preservation of indigenous lives and cultures that face genocide at the hands of colonists trespassing on our land. We want Sections 35 and 52 of the Constitution to be enforced over the people that are using the laws of Canada to violate the kaianerekowa, our land, our people, and our culture.
The only relevant subject of discussion is the action that must be taken immediately to make sure the Respondents do not allow the concealing of the unmarked graves of our people on the site of the Royal Victoria Hospital and the Allan Memorial Institute.
TRUDEAU: “YES, I CONFESSED THAT IT WAS GENOCIDE”.
Out of court litigation
As for bringing this case before a dispute resolution table for discussion in another jurisdiction, we had raised this possibility with McGill University before filing our first motion at the Federal Court and was never responded to. The Société québécoise des infrastructures contacted the Band Councils, which were invented by the Canadian Parliament as part of the racist Indian Act which was forcibly imposed on our people as a means for genocide. Prime Minister Trudeau acknowledged this. The way the Respondents disregarded the role of the kahnistensera by contacting the Canadian government’s agents, the Band Councils, indicates that they have no interest in resolving this matter by kaianerekowa methods. This tactic will lead to unnecessary further delay.
This is a serious case involving potential unmarked graves of children, whose recovery is provided by the United Nations Declaration on the Rights of Indigenous People UNDRIP. The case cannot waste time in out of court litigation which would postpone the relief sought. According to the kahnistensera, the kaianerekowa does not respect mediation or other alternative methods invented by the court for resolving these issues.
In case the Federal Court does not abide by its obligations in Sections 35 and 52, the only alternative for dispute resolution is in the International Court of Justice in the Hague, established in 1903. This was the first world court signed by all countries in the world as the non-Admiralty dispute resolution court for all nations.
Conclusion
The resolution to this issue is based on the Constitution Act of Canada, 1982, [Sections 35 [1] and 52[1] which provides “the existing pre-colonial aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section 52[1] affirms that “any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect”. The notwithstanding clause Section 33 of the Constitution does not touch Sections 35 and 52. It only applies to Section 2, and Sections 7 to 15 of the Charter of Rights found in the Constitution Act 1982. Therefore, the kaianerekowa is the existing law of the land since time immemorial and cannot be revoked or changed as it is based on the natural world. Therefore, all laws not recognized by the kaianerekowa are of no force or effect on any of our land. Although the Constitution of Canada acknowledges and affirms the kaianerekowa, the kaianerekowa does not recognize Canadian courts, laws and procedures, which are not based on nature.
We cannot have a lawyer appointed for us to say our words. This violates our law and culture. Everyone has a right to represent themselves according to the kaianerekowa. As the Federal Court of Canada is a foreign court that our law does not recognize, we are addressing it for the sole purpose of asking the Federal Court to ensure its citizens follow their own laws and stop trespassing, stealing, and killing us. This is the substance we wish to deal with. There should be no further delay in the judge entering the proper judgment.
We want acknowledgement of the genocide that occurred and the current trauma of the victims by dealing with issues of unmarked graves more promptly without delay by judicial technicalities that are of no force and effect according to the Constitution of Canada.
The kanien’kehá:ka kanistensera: kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke.
Me Alexandre Rouanet-Bazinet, BERGERON, DENILLE & ASSOCIATES, Counsel for the defendant Société québécoise des infrastructures E-mail: arouanetbazinet@sqi.gouv.qc.ca : 438-831-4032 / f.: 514 873-2516 DAJ@sqi.gouv.qc.ca
Me Brigitte Savignac, CLYDE & CIE CANADA S.E.N.C.R.L. Counsel for the defendant Stantec inc., 630, boul. René-Lévesque Ouest, Bureau 1700 Montréal (Québec) H3B 1S6, Telephone : (514) 843-3777 Brigitte.savignac@clydeco.ca
Me Doug Mitchell, IMK AVOCATS, Counsel for the defendant McGill University, Place Alexis Nihon / Tower 2, 3500 De Maisonneuve Boulevard West, Suite 1400, Montreal (Quebec) H3Z 3C1, Telephone 514 935-2725
Me Simon Vincent, BÉLANGER SAUVÉ, S.E.N.C.R.L., Counsel for the defendant City of Montreal, 5, Place Ville Marie, bureau 900, Montreal (Quebec) H3B 2G2, Telephone: 514 876-6203
niawen’kowa.
Shania Twain knows aboutfirst impressions: She’s not impressed: [that don’t impress me much].
[Thahoketoteh of MNN coverage of FCC v. kahnistensera court case] The teiohateh two row is the relationship between us and the colonists, the canoe and the ship. The peace, friendship and respect was to keep us side by side on our land and water. The ship is temporarily tied to our land with the silver covenant chain. We are now asking those on the ship to respond.
PART I AUDIO: [in 3 parts]
MNN. Jan. 10, 2022. Section 35 [1] of the Constitution Act of Canada, 1982, provides “the existing precolonial aboriginal and treaty rights of the aboriginal people [of turtle island] ARE HEREBY RECOGNIZED AND AFFIRMED”. Section 52 [1] affirms that “‘any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, OF NO FORCE OR EFFECT.
Therefore, the kaianerekowa, which is the existing aboriginal legal system which we have inherited from precolonial times which was never revoked or conceded, is the supreme law of “Canada”. All laws not recognized by kaianerekowa are of no force or effect on any of our land.
AUDIO
No: T-1696-21
FEDERAL COURT
BETWEEN:
THE KANIEN’KEHA:KA KAHNISTENSERA (MOHAWK MOTHERS) KAHENTINETHA, KAWENAA, KARENNATHA AND KARAKWINE, supported by the MEN’S FIRES OF KAHNAWAKE, AKWESASNE, KANEHSATAKE, OHSWEKEN AND KENHTEKE
Applicants
And
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES,
MCGILL UNIVERSITY; OFFICE OF THE PRINCIPLE & VICE CHANCELLOR;
CITY OF MONTRÉAL; and STANTEC CONSTRUCTION:
Respondents
APPLICANTS’ RESPONSE TO THE RESPONDENTS’ REQUEST
TO STRIKE OUT THE APPLICANTS’ PLEADING
(Rules 4, 8, 25, 221 and 369 of the Federal Courts Rules)
TABLE OF CONTENTS
Notice of Motion………………………………….………………………………….…..3
Written Submissions of the defendant…………….….…………………………………..6
Proposed Court Order …………………………………………………………………..16
CONSIDERING THAT the SQI Société québécoises des infrastructures (« SQI ») will present a request to strike out the Applicants’ motion to the Court on January 14, 2022, at 1:30 PM-EST.
THE MOTION SEEKS to (1) confirm that the Federal Court is the competent court to judge the present case.
THE GROUNDS FOR THIS MOTION ARE AS FOLLOWS:
In their Avis de requête, the Respondents suggest that the Federal Court would not have the ability to judge our case and ask to strike it out.
The Respondents allege that the case does not meet the three-part test established by the Supreme Court to determine if it belongs to the jurisdiction of the Federal Court.
However, as sovereign traditional rotinonhsonni people, the Applicants are adamant that the Federal Court is the only instance available within the State of Canada which can examine their case, as it concerns the nation-to-nation relationship between Canada and the rotinonhsonni confederacy.
The Applicants argue that not receiving the case in the Federal Court would violate the Silver Covenant Chain and Two Row Wampum treaties between the Rotinonhsonni Confederacy and the British Crown the fiduciary obligation of the Crown towards Indigenous peoples, the Royal Proclamation of 1763 and the Constitution of Canada, 1982. The Rotinonhsonni Confederacy has no dialogue or historical relationship with the Canadian province of Quebec, which lacks competence in Indigenous issues.
The Applicants also argue that the case concerns Bill-15, which is an Act of the Canadian Parliament, acknowledging and affirming the United Nations Declaration on the Rights of Indigenous People, notably the right to patriate human remains.
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
ADRESSED TO:
Me Alexandre Rouanet-Bazinet,BERGERON, of DENILLE & ASSOCIATES, Counsel for SQI the defendant Société québécoise des infrastructures E-mail: arouanetbazinet@sqi.gouv.qc.ca : 438-831-4032 / f.: 514 873-2516 DAJ@sqi.gouv.qc.ca
Me Brigitte Savignac, of CLYDE & CIE CANADA S.E.N.C.R.L., Counsel for the defendant Stantec inc., 630, boul. René-Lévesque Ouest, Bureau 1700, Montréal (Québec) H3B 1S6, Telephone : (514) 843-3777, Brigitte.savignac@clydeco.ca
Me Doug Mitchell, of IMK AVOCATS, Counsel for the defendant McGill University, Place Alexis Nihon / Tower 2, 3500 De Maisonneuve Boulevard West, Suite 1400, Montreal (Quebec) H3Z 3C1, Telephone 514 935-2725
Me Simon Vincent, of BÉLANGER SAUVÉ, S.E.N.C.R.L., Counsel for the defendant, City of Montreal, 5, Place Ville Marie, bureau 900, Montreal (Quebec) H3B 2G2, Telephone: 514 876-6203
WRITTEN SUBMISSIONS OF THE APPLICANTS
Context
The plaintiffs hereby requesting an injunction order from the Federal Court of Canada are the kahnistenhsera (life-givers, i.e. women), which wampum 44 of the kaianerekowa, the precolonial constitution of the rotinonhsonni (Iroquois) confederacy, declares as the sovereign caretakers of a’nowarà:ke, turtle island, for the coming generations, tahatikonhsontóntie. As sovereign indigenous people, the kaianerekowa is our basis of all adjudication and resolution, and our duties and rights are exercised in our protocols, clan system and oral tradition which come from time immemorial.
Following serious allegations that Indigenous children were used and may have died from being subject to MK-Ultra “mind control” experiments conducted by Dr. Ewen Cameron at McGill University’s Allan Memorial Institute in the 1950s and 1960s, the kahnisténhsera have demanded the immediate cessation of planning and construction work on the sites of the Royal Victoria Hospital and the Allan Memorial Institute authorized by the City of Montreal (file 1217400001) to investigate potential unmarked graves on site.
In a letter to the Office de Consultation Publique de Montréal (OCPM) dated November 9, 2021, the Provost and Vice-Principal (Academic) of McGill University has agreed that an investigation into unmarked graves on said sites was necessary and committed to collaborating in it. However, no effort has been done to reach out to the kahnisténhsera to realize this investigation. The Société québécoise des infrastructures (SQI), which was declared to be the owner of the Allan Memorial Institute by Nicole Brodeur, president of the OCPM, during the hearing of the kahnisténhsera, has contacted the Band Council offices of Kahnawake and Kanehsatake on November 9, 2021, to discuss collaborating on the matter. However, Band Councils have no jurisdiction on traditional indigenous homelands outside of the boundaries of reservations, and they are in a conflict of interest given that they as allies administer funds from the federal government of Canada, which unconstitutionally imposed the Band Council system on the kanien’keha:ka people through the Indian Act. Moreover, the SQI has later denied owning the said sites.
The kahnisténhsera are still waiting for the parties involved to collaborate and provide funding for a kahnisténhsera led investigation on potential atrocities conducted on the sites of the Royal Victoria Hospital and Allan Memorial Institute. The unmarked graves of our children are part of the ongoing crimes against humanity and genocide of the indigenous people in Canada, following the definition of the United Nations 1948 Genocide Convention. Recovering the remains of Indigenous people killed because of genocidal policies has been acknowledged as an utmost priority by the Truth and Reconciliation Commission of Canada and the United Nations Declaration on the Rights of Indigenous People, whose validity has been affirmed by the Parliament of Canada in Bill C-15
As kahnisténhsera the Applicants are seeking relief by requesting the Federal Court of Canada to issue an order impeding demolition and construction work on said sites in order to allow an Indigenous-led archaeological and forensic investigation on the presence of human remains.
Through the lawyers of the Société Québécoise des infrastructures, the Respondents have filed a Dossier de requête en radiation d’une demande et en prolongation de délai to the Court on December 7, 2021. They argue that the Federal Court lacks the jurisdiction to judge the case.
The Applicants are adamant that the Federal Court of Canada is the proper court to examine the case. The following arguments explain why.
Arguments
The Respondents argue that the case does not pass the test created by the Supreme Court in Windsor (City) v. Canadian transit co, 2016 SCC 54 (“Windsor”), to determine the jurisdiction of the Federal Court determined by the Federal Court Rules, R.S.C. 1985, c F-7 (“FCA”); 1] There must be a grant of jurisdiction by an Act of the Federal Parliament; 2] There must be a body of federal law that is essential to the resolution of the dispute and is the basis for the statutory grant of jurisdiction; 3]The law relied upon in the case must be “a law of Canada” within the meaning of section 101 of the Constitution Act, 1867.
The Respondents argue that Article 35 of the Constitution Act of Canada, 1982, which the Applicants rely on in their original motion, is not a “law of Canada” within the meaning of section 101 of the Constitution Act, 1867.
The argument used in Windsor para. 63 makes a distinction between Canada as a country and Canada as a level of government within Canada, stating that “After the 1982 ‟patriationˮ, the Constitution is certainly a law of Canada the country, as opposed to a law of the United Kingdom, but it is not one of the “Laws of Canada”, the federal laws, referred to in 101of the Constitution Act, 1867.” In para. 64, it states that “Surely constitutional law is neither federal nor provincial. The Constitution logically precedes that distinction”. It is on that basis that it concluded in para. 33 that by addressing the Constitution of Canada, the Canadian transit company was not addressing the jurisdiction of a Federal Court, as it was “not seeking relief “under an Act of Parliament or otherwise” (i.e., under federal law) as required by s. 23(c) of the Federal Courts Act. Section 23”.
However, the Applicants are adamant that the Federal Court of Canada is the only court available in the legal system of the State of Canada to examine the case.
It must be noted that even though it would confer jurisdiction to the Federal Court of Canada, the Applicants are not seeking relief under the provisions of the Specific Claims Tribunal Act, which only concerns non-sovereign “First Nations” incorporated under the Indian Act, who have thus relinquished their sovereign rights protected by the United Nations Declarations on the Rights of Indigenous People and the Constitution of Canada, 1982. The Specific Claims Tribunal Act only allows for monetary compensation; whereas the present case concerns issues of sovereignty, land and genocide which cannot be resolved only with monetary compensations. Consequently, the jurisdiction of the Federal Court of Canada is rather evidenced by the following points:
First, para. 4 of the Federal Court Rules, R.S.C. 1985, c F-7 states that “The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims”. The fiduciary responsibility of the Crown vis-à-vis the sovereign Indigenous peoples of a’nowarà:ke, turtle island, is an obligation of the Crown engaging the Federal Court as a referee in conflicting claims between the Applicants and the Respondents.
Second, the case engages strictly Federal jurisidictions and responsibilities, such as the Calls for Action of the Truth and Reconciliation Commission of Canada indicating that the search for unmarked graves is a top priority for the State of Canada to advance “reconciliation” with Indigenous peoples.
Third, most importantly the case directly engages at least one “law of Canada” in the meaning of section 101 of the Constitution Act, 1867. This law is Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the Parliament and Senate of Canada, and having received royal assent on June 21, 2021. In para. 17a, the Act affirms “the Declaration as a universal international human rights instrument with application in Canadian law.” The current motion asks the Federal Court of Canada to assess the application of Bill C-15, as an “Act of Canada” in the current issue. Provided that the search for unmarked graves of sovereign Indigenous peoples, their right not to be subjected to genocide, and their right not to own and to live freely in their traditional unceded lands constitute the backbone of the present case, the following paragraphs from the United Nations Declaration on the Rights of Indigenous Peoples apply directly to it:
PART II AUDIO:
(Art. 1) Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and international human rights law.
(Art. 7) 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
(Art. 12) 1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
(Art. 19) States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
(Art. 25) Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
(Art. 26) 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
(Art. 27) States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.
Fourth, the case directly engages the original jurisdiction of the Federal Court for extraprovincial matters. This extraprovincial jurisdiction applies to conflicting claims between subject and subject, and not only to claims where the Crown is a party. 25 of the Federal Court Rules, R.S.C. 1985, c F-7 (“FCA”) states: “The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy”. It is a fact that no other court has jurisdiction in respect of the present claim, which engages the fiduciary responsibility of the Crown vis-à-vis Indigenous peoples, Bill C-15 as a law of Canada, and the Constitution of Canada, 1982.
Fifth, the Respondents’ argument to strike out the case based on the Supreme Court ruling in Windsor to the effect that the Constitution of Canada is not a “law of Canada” rather reinforces the Applicants’ claim that the Federal Court of Canada is the only available instance within the State of Canada that may examine the case. The following reasons lead to this conclusion:
The Respondents base their argument for striking out the case on the notion that the Constitution of Canada, 1982, is not a “law of Canada” within the meaning of section 101 of the Constitution Act, 1867. Yet the Respondents fail to mention the Applicants’ reference to Article 52 of the Constitution of Canada, 1982, which states that it is the “Supreme law of the land”, that all the “laws of Canada” that are not consistent with the Constitution are null and void, and that its provisions are not subject to the Notwithstanding Clause [that nothing can contradict the kaianerekowa that supercedes anything and everything.]. This includes Article 35, which “affirms” the “existing rights” of “Aboriginal people”, and cannot be revoked. On the unceded Kaienke’ha:ka territory of Montreal, the supreme law of the land acknowledged the Constitution of Canada, 1982, is the kaianerekowa (Great Peace, constitution of the rotinonhsonni confederacy), which states that the Applicants, as kahnisténhsera, are the sovereign caretakers of the land.
The rotinonhsonni (Iroquois) confederacy has an historical nation-to-nation agreement with the British Crown, namely the Silver Covenant Chain which Queen Elizabeth II has polished in the sovereign kanien’keha:ka territory of Tyendinaga in 2010. The Silver Covenant Chain originally allowed the British ship to dock at a’nowarà:ke, provided that it would respect the teiohá:te (Two Row Wampum), stating that the European peoples’ ship would not encroach on the ways of life and the land of Indigenous peoples. When the Constitution of Canada was “patriated” in 1982, it has been assumed that Canada would inherit the fiduciary responsibility and the nation-to-nation relationship with Indigenous peoples previously assumed by the Crown of the United Kingdom. However, the Province of Quebec has never established any diplomatic relationship with the traditional government system of the rotinonhsonni (Iroquois) confederacy, and therefore lacks jurisdiction in matters concerning traditional rotinonhsonni and kanien’keha:ka peoples.
If the Supreme Court ruling in Windsor states that the Constitution of Canada, 1982, is not a “law of Canada”, it is because it is higher than all the “laws of Canada”, and overrides them by virtue of Article 52. As it acknowledged that the Constitution of Canada is higher than the “laws of Canada”, this argument cannot be used to send the current case to a lower court, but implies that it belongs to the highest possible court. If the Federal Court does not assert jurisdiction, and if no such higher court is available within Canada, it is because the case belongs to the sovereign jurisdiction of the rotinonhsonni confederacy, the kaianerekowa (Great Peace) on its unconceded traditional homeland.
Traditionally, the nation-to-nation relationship between the sovereign rotinonhsonni confederacy and the sovereign of Canada, the Crown of the United Kingdom was in the legal jurisdiction of the Privy Council of the Commonwealth of the United Kingdom. As a British court, the Privy Council was the “higher court” assuming jurisdiction over the relationship between the “laws of Canada” and sovereign Indigenous peoples. However, the Privy Council of the Commonwealth was abolished in 1949, and the Canadian federal courts inherited its judicial obligations vis-à-vis Indigenous peoples.
If the Federal Court of Canada is not the highest court having jurisdiction over constitutional matters engaging sovereign Indigenous peoples, the Applicants would appreciate to know which is the higher court responsible for upholding the Constitution of Canada, 1982.
In the meanwhile, the Applicants’ understanding is that Article 52 of the Constitution of Canada, 1982, affirms that all the “laws of Canada” that are inconsistent with the Constitution are null and void, and that the Notwithstanding Clause does not apply to the Constitution. This includes Article 35, which acknowledges the sovereignty of “existing Aboriginal rights”, which in the case of the traditional homeland of the rotinonhsonni and kanien’keha:ka peoples, is the kaianerekowa (Great Peace).
The Applicants also point out that the Royal Proclamation of 1763, where the British Crown promised that Indigenous peoples would not be “disturbed” in their sovereign unceded territories, has never been revoked, and is still part of the constitutional groundwork of Canada.
In essence, the Applicants argue that the case is brought before the Federal Court of Canada because it concerns Canadian subjects who have violated the supreme law of the land, the constitution of the rotinonhsonni confederacy, the kaianerekowa (Great Peace), whose supremacy is acknowledged by the Constitution of Canada, 1982, the United Nations Declaration on the Rights of Indigenous People. It is the fiduciary obligation of the Crown to uphold the kaianerekowa.
OUR FIGHT IS NEVER BEHIND US UNTIL THE GREAT PEACE WINS.
PART III Audio
Clarifications on traditional rotinonhsonni protocol :
The 1763 Royal Proclamation, the 1982 Constitution Act of Canada, the Constitution of the United States of America and all other legal foundations of settler colonial occupation have no power to turn trespassers into true natural sovereigns on a’nowarà:ke, turtle island. According to the kaianerekowa, great peace, the kahnisténhsera, “life-givers”, are each the sovereign caretakers for the coming generations, tahatikonhsontóntie. The kaianerekowa provides that any decision must be gained through our clan system and our consensual decision-making process.
The Silver Covenant Chain and the teiohá:te (Two Row Wampum) is the protocol that originally allowed European settlers to share an existence on a’nowarà:ke, turtle island. The settlers agreed to keep their culture, language, and ways on their ship, ensuring that the indigenous canoe would always remain sovereign on the continent of a’nowarà:ke. Neither the teiohá:te nor the kaianerekowa permitted settlers to encroach in any way on the land except to grow food in the depth of a plough for their sustenance. There were not allowed to build infrastructures nor extract our natural resources. Furthermore, the infrastructures at McGill University and in the City of Montreal were built with borrowed Iroquois Trust Funds which have never been repaid, and that were confiscated to our people using the racist pretext that indigenous peoples were incapable of managing their own funds.
Canada, Quebec, Montreal and McGill University have no legal relationship, agreement, treaties or covenants with the rotinonhsonni confederacy and the sovereign kanien’keha:ka people using the protocols of the kaianerekowa. Due to this legal limbo, McGill University, the SQI and the City of Montreal are currently trespassing upon the following Iroquoian ancestral homelands: kawehnote teiontiakon [Montreal Island], tekanontak/ononta tiotiake [two mountains connected, Mount Royal], and skanawatsta [across the mud flats, Ste-Anne-de-Bellevue]. The Sulpicians have purported that they were granted these lands from the King of France but have failed to show any proof that these sites were ever ceded or sold by the Iroquoian peoples. All parties that have bought and sold said lands throughout history have been guilty of handling stolen property.
We understand English as the diplomatic language we can use for communication with non-indigenous parties. Communicating without our permission in French, a language that we do not understand, violates international protocol. Should the defending parties insist on speaking French to us, we will reply in kanienkehaka Mohawk language, the original language of our Iroquoian homelands.
Canada and its affiliated institutions are currently violating the sovereign rotinonhsonni constitution of the kaianerekowa, the Great Peace. Section 35 [1] of the Constitution Act of Canada 1982 provides: “the existing [pre-colonial] aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section 52[1] affirms that “any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.” Therefore, the kaianerekowa, which is the existing aboriginal legal system which the rotinonhsonni confederacy has inherited from precolonial times, and which was never revoked or conceded, is the supreme law of “Canada”. Consequently, all laws of Canada that are not recognized by the kaianerekowa are of no force or effect on the original homelands of the Iroquoian people.
The kaianerekowa is based on the natural world. It follows sha’oié:ra, “the way of creation forever”, and cannot be revoked. The Federal Court of Canada must accept our truth, that the original peoples of a’nowarà:ke and their legal systems are part of the sustainable ecological reality that allows life to continue. They are part of the earth, water, air and sun that are necessary for life. The corporation of Canada [licence ISO# CA 3166-1], and the British common law and French Civil law on which it is based, have no foothold on the natural reality of a’nowarà:ke, having rather allowed its destruction by supporting environmentally harmful projects that were in violation with the kaianerekowa.
After the discovery of 215 unmarked graves of Indigenous children in Kamloops, Prime Minister Justin Trudeau admitted that “We are guilty of genocide”, suggesting that the Truth and Reconciliation Commissions’ “Call for actions” must be followed to allow a reconciliation between settler and indigenous peoples in Canada. Mohawk language contains no word for “I am sorry”. We say Enhskerihwakwatá:ko, “I will make it right”. We are here today to request that the Canadian judicial process stops facilitating the genocide of indigenous peoples on a’nowarà:ke, and respects the 1948 Genocide Convention. Our message is based on our law and culture and cannot be challenged by any foreign entities and laws, which have no force or effect.
No Indigenous people ever ratified Canada to become a nation. We and our lands have never been for sale. The Doctrine of Discovery, the Right of Conquest, and John Locke’s right of appropriating land through improvement, are based on racist ideologies that contradict the Unites Nations Declaration of the Rights of Indigenous People, the Canadian Charter of Rights and Freedom, the basic principles of democracy and the common sense of most Canadians in 2022. This is why the City of Montreal, McGill University and the corporation of Canada acknowledge that a’nowarà:ke is unceded indigenous land. The legal consequences of this fact, which implies the unbreachable sovereignty of the kaianerekowa on traditional Iroquoian homelands, must be assessed by the Federal Court of Canada.
We are not addressing this court to debate or be bound by the legal procedures of a judicial system that must first assess its fundamental nation-to-nation relationship with the sovereign indigenous peoples of a’nowarà:ke. We are placing our provisions of the kaianerekowa before you for your records. It is up to the Canadian court system to judge its own citizens if they violate the kaianerekowa. The kaianerekowa exists since time immemorial and can never be amended as it is based on the natural world. The kaianerekowa does not recognize other laws on a’nowarà:ke. All laws of Canada, case laws, treaties, and procedures have no force or effect unless they are recognized by the supreme law of the land, the kaianerekowa.
Today we are embarking onto the European ship to remind settlers of the original law of this land. The colonial court under your sail has no jurisdiction over us, the sovereign kanienkehaka:onwe. You have jurisdiction over your own people on your ship. Without our permission the governance of your people overreached its jurisdiction, violating the kaianerekowa. Your ship is temporarily chained to our shores by a Silver Covenant Chain agreement. We request that your colonial settler population respect us, follow your laws, to stop the genocide and crimes against us. We are not Canadian subjects. Our culture is based on the natural world. We will tell you the truth, and we will expect you to respect it.
A’nowarà:ke, January 8, 2022.
toknikon, the sovereign caretakers,
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
COURT ORDER
CONSIDERING the Notice of Motion filed in the Federal Court of Canada by the Applicants on November 9, 2021;
CONSIDERING the Respondent Société québécoise des infrastructures’ Dossier de requête en radiation d’une demande et en prolongation de délai (request to strike out the Applicants’ pleading and to prolong the delay)
CONSIDERING THAT the Respondent’s request to strike out the Applicants’ pleading is not legally justified;
FOR THESE REASONS, THE TRIBUNAL:
DISMISSES the Respondents’ Dossier de requête en radiation d’une demande et en prolongation de délai dated November 7, 2021.
THE WHOLE with costs.
The Beatles knew when it was over.: “I read the news today, oh boy, About a lucky man who made the grade. And though the news was rather sad, Well, I just had to laugh”
HOW SECTIONS 35 AND 52 OF THE CONSTITUTION ACT OF CANADA 1982 WIPED OUT THE COLONY OF CANADA
MNN. Dec. 4, 2021. The supreme original laws of turtle island are the kaianerekowa, great peace, and other original natural laws that existed since time immemorial. The kaianerekowa recognizes only the kaianerekowa. All other laws are null and void. Section 35 [1] of the Constitution Act of Canada, 1982, “recognizes and affirms” the “original laws and peoples of Canada”. Anyone recognizing all Canadian laws violats the teiohate, two row. Staying in our canoe and staying out of their ship.
OUCH! THE COLONIAL LIE HAS BUSTED
Pre-colonial aboriginal rights existed on onowarekeh, turtle island, since time immemorial before the settler colonists arrived and illegally imposed themselves on our land. The colonial Constitution Act of Canada, 1982, was to solidify their theft of turtle island. The “existing aboriginal rights of the aboriginal peoples” are based on the kaianerekowa, the great peace, and other original laws which existed from the beginning of time, and have never nor will ever be amended, until the end of time, because they are based on nature. There has never been a surrender of land, people or anything on turtle island. Ever.
Section 35 [1] provides: “the existing [pre colonial] aboriginal and treaty rights of the aboriginal people of turtle island are hereby recognized and affirmed”.
Section 35[2] affirms the supremacy of the original people of turtle island. 95% of the survivors of the genocide are forced to live by the illegal Indian Act and all laws of the colony of Canada that go against the kaianerekowa. Section 35.(2) provides “aboriginal peoples of Canada” includes all the natural people of turtle island and the [corporate] Indian, Inuit and Metis which are created by Parliament. They follow the laws of Canada [Indian Act] and are Canadians and not indigenous.
Section 52 confirms that section 35 (1) is the supreme law of the colony of Canada [but not of turtle island]. It specifically “recognizes and affirms” the kaianerekowa and indigenous laws of “the aboriginal peoples of Canada.”
Section 52 provides that the colony of Canada is subservient to the kaianerekowa and all indigenous laws. All laws of Canada which don’t acknowledge our supremacy are of no force or effect and go against the kaiainerekowa. their laws are for their subjects. we are not their subjects.
Section 35 specifically recognizes only the “aboriginal peoples of Canada.” The kaianerekowa, and original indigenous laws, are ratified and legally binding on the colony of Canada according to section 35.(1). This section “recognizes and affirms” the supremacy of indigenous laws and the existence of the “original peoples of Canada”.
BYE BYE ILLEGAL INDIAN ACT BAND COUNCILS
Section 52 [1] confirms that Section 35 is the supreme law of ‘Canada’. Therefore, all laws of Canada that are not recognized by the kananerekowa are of no force or effect. All Canadian laws have been genocided by the genociders. No weapons were used. Just words.
Because the kaianerekowa does not recognize any other laws, and, therefore, does not recognize any of Canada’s laws and constitutions, Sections 35 and 52 establish that the kaianerekowa and all indigenous laws are the ONLY laws in Canada.
Canada shot itself in the foot. The supreme laws of turtle island including Canada, are indigenous laws. As a result Canada is “of no force or effect” and cannot exist as it violates its own law.
The immortal Beatles, in their final recording, recognize that kaianerekowa is the answer, stated: “When I find myself in times of trouble, Mother Mary comes to me Speaking words of wisdom, let it be. And in my hour of darkness she is standing right in front of me. Speaking words of wisdom, let it be”. . .
kahentinetha2@protonmail.com
CONSTITUTION ACT OF CANADA1982 https://laws-lois.justice.gc.ca/eng/const/
MNN. NOV. 14, 2021. [By thahoketoteh of MNN] FROM: Mohawk Mothers, Secretariate of the kanien’kehá:ka kahnistensera, PO Box 991, kahnawake, Quebec, J0L 1B0
OUR FIGHT IS NEVER BEHIND US UNTIL THE GREAT PEACE WINS.
TO: -Société québécoise des infrastructures Direction générale de la requalification du site Royal-Victoria 445, Saint-Gabriel Street. Montreal (Quebec), H2Y 3A2 Email : smayes@sqi.gouv.qc.ca Telephone: 514 873 5485, 5413
-McGill University Office of the Principle & Vice Chancellor, 845 Sherbrooke Street West. Montreal QC, H3A 0G4 Telephone: 514-398-4180, Fax 514-398-4763
-Mairie [mayor] d’arrondissement de Ville-Marie, 800, Boulevard De Maisonneuve street East, Montreal QC, H2L 4L8
On November 10, 2021, a rally was held in front of the Allan Memorial Institute (AMI) bringing together family members of MK-Ultra experiments survivors, Duplessis orphans, McGill students and the Milton Park citizens’ committee to support the kanien’keha:ka kahnistensera’s (Mohawk Mothers) opposition to renovating the ex-Royal Victoria Hospital and AMIsites. Later that evening, the 50+ protestors accompanied the kanien’keha:ka kahnistensera’s as they shared their message in a 10 minute hearing with the non-decisional commissioners of the Office de Consultation publique de Montréal. This message, also transmitted to the responsible parties via an injunction T-1696-21 Nov. 9, 2021 filed in the Federal Court of Canada, stressed that: 1) no project can start without the permission of the kanien’keha:ka kahnistensera, as the traditional caretakers of kanien’keha:ka territory according to the precolonial Great Law of Peace, kaianerekowa, recognized by Section 35 of the Constitution Act of Canada, 1982; 2) the Royal Victoria Hospital and AMI sit on the location of the precolonial Iroquoian village and very likely contains archeological remains of interest to the kanien’keha:ka people. This land was never ceded by the Iroquois, as no land deed was shown to prove that such a transfer existed. The Société Québécoise des Infrastructures (SQI), City of Montreal, Hugh Allan family, and McGill University have thus bought, sold and handled stolen land; 3) strong evidence exists to support allegations that indigenous and non-indigenous adults and children would be buried on the site of the AMI, as a result of the psychiatric experiments of Dr. Ewen Cameron.
WHERE THESE “MIND CONTROLLERS” BELONG.
On November 11, 2021, the kanien’keha:ka kahnistensera noticed new materials on the website of the Office de Consultation publique de Montréal, which were posted without giving notice to the kahnistensera. One letter dated November 9, 2020 from McGill University’s Office of the Provost and Vice-Principal (Academic) to the Office de Consultation publique addressed the kahnistensera’s concerns, and contained a clear commitment to allowing the necessary forensic and ground-penetrating investigations to happen to assess the presence of human remains on the site of the AMI: “‘no reconciliation is possible until the truth is known’, the letter said. Therefore, we are ready to collaborate with government and Indigenous community representatives so that the proper investigations can be conducted”. Even though the kahnistensera approve this commitment, they were not directly addressed in the letter nor notified that it had been written. They have a strong concern about who exactly is targeted in the expression “Indigenous community representatives”, as the traditional Great Law of Peace, kaianerekowa, still in effect on the traditional homeland of the kanien’keha:ka nation, holds the kahnistensera responsible for caretaking the land, and nobody else.
Two other letters had also been sent on November 9, 2021, from the SQI to the Band Council offices of Kahnawake and Kanehsatake, inviting Band Councillors to collaborate on exchanging information on potential unmarked graves on the site of the AMI that the SQI claims to own. The two letters clearly circumvented and invisibilized the authority of the traditional caretakers of kanien’keha:ka territory, the kahnistensera, who had raised the allegations in the first place, and who are solely responsible for the land. Band Councils were forced upon Indigenous peoples by the Indian Act, and the resistance of traditional kanien’keha:ka government to this colonial government system was brutally crushed as the RCMP stormed the Akwesasne Longhouse in 1899 to impose it, killing chief Jake Fire and seizing wampums and traditional regalia. Given that Band Councils funnel funds from the Federal Government and assume control of Indigenous communities despite extremely low participation in tribal elections, they are not recognized as part of the traditional kanien’keha:ka nation, and they are in a conflict of interest that impedes any possibility of them being involved in the search for unmarked graves.
THE MEN’S FIRE ARE GONNA CLEAN UP THEIR ‘BRAINWASHING’ ACT!
This letter is to notify the proper protocol that will be followed now that the necessity of an investigation was acknowledged by McGill University and the SQI. In the current search for unmarked graves in the grounds of the Mohawk Institute in Brantfort, Ontario, near ohsweken (Six Nations of the Grand River), great care was taken to avoid the local Band Council from being involved, given their conflict of interest as representatives of the Federal government. Instead, a group composed of survivors and grassroots traditional Indigenous peoples –women, “kahnistensera” –, was formed to supervise and monitor the investigation. The same process will be followed in the upcoming ground penetrant radar investigation on the grounds of the AMI. A group composed of MK-Ultra survivors and their families, as well as the Secretariate of the kanien’keha:ka kahnistensera (Mohawk mothers), including representatives from every kanien’keha:ka clan (bear, turtle, wolf), will lead the investigation under the traditional Indigenous legal framework of the rotinonshonni (Iroquois) confederacy: the Great Law of Peace (kaianerekowa). Therefore, all future correspondence must be addressed to the Secretariate of the kanien’keha:ka kahnistensera. To ensure no conflict of interest, the role of the SQI, the Government of Canada, the City of Montreal and McGill University will be limited to allowing access to the grounds, financing the investigation using funds borrowed from the Iroquois Trust Fund in the 19th Century, and facilitating the investigation by releasing all files concerning medical experimentation programs at the Royal Victoria Hospital and AMI.
Yours truthfu
Secretariate of the kanien’keha:ka kahnistensera
Muse sings what’s around the corner; “Rise up and take the power back It’s time the fat cats had a heart attack chase the fat cats. You know that their time’s coming to an end We have to unify and watch our flag ascend (So come on)”
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
3rd Party Cookies
This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages.
Keeping this cookie enabled helps us to improve our website.
Please enable Strictly Necessary Cookies first so that we can save your preferences!
The canadien [squatters] have no land, no indigenous language and no culture here. They are not a nation and they do not belong here. Their country is where they come from and where they shall return.
The kahnistensera Mohawk Mothers state, “Everyone knows grave wrongs have has been committed against us on our land, which continue”. The courts are designed to protect the trespassers. We tried to bring an action about the holocaust of indigenous people, the theft of our land, water and air in our midst here in tekanontak, Mount Royal [Montreal].
The Mothers were ready to proceed from the first filing five months ago. The procedures are set up for people with a lot of money and resources who can pay to swim in the procedural swamp. Nothing threatening to the court is ever allowed into the swamp. The mothers never even saw a judge. After 4 months the mothers were still dealing with minor procedures through bureaucrats, with threats of ‘costs’ and an order to find a lawyer in 45 days. 
The kahnistensera are seeking a JUDGMENT from the Federal Court of Canada that the kaianerekowa and teiohateh are the Supreme Laws of turtle island, and that all laws of Canada are hereby adjudged to be inconsistent thereto and are of no force or effect on this issue. Signed & dated by the Federal Court Justice.
They follow the laws of Canada [Indian Act] and are Canadians and not indigenous. 
