Kanien’kehà:ka Kahnistensera (Mohawk Mothers) demand that the Pope must leave our land and take the cross and all of the symbols of their atrocities with him. Indigenous people see it as how the Jewish people see the swastika. McGill must stop bulldozing alleged unmarked graves before any investigation.
***FOR IMMEDIATE RELEASE
“The pope must leave and take the cross with him”, demand the Kanien’kehà:ka Kahnistensera (Mohawk Mothers), who are carrying out their duties under the direction of the great peace kaianerekowa, and to stop the unmarked graves from being bulldozed by McGill University, which is now in Quebec’s Superior Court. They are trying to desecrate a crime scene, which violates their own law.
Tiohtiàke/Montreal, July 28, 2022. The Kanien’kehà:ka Kahnistensera (Mohawk Mothers) joined by their 50+ supporters had a rally and press conference to share updates on their attempt to stop McGill University from conducting excavation work on the grounds of the Royal Victoria Hospital, regardless of allegations of unmarked graves of Indigenous children. The rally and the press conference took place yesterday at the Mordecai Richler Gazebo at the foot of the unceded kanien’kehà:ka homeland of tekanontak (Mount-Royal), which all parties concede is all indigenous land as caretakers for future people.
On July 26th, 2022, a case management conference at the Quebec Superior Court in Montreal confirmed that McGill University intends to start building its “New Vic” campus in October 2022, in an area adjacent to McGill’s psychiatry department, the Allan Memorial Institute, where infamous CIA-funded Mk-Ultra “mind control” experiments were conducted in the 1950s and 1960s. The kahnistensera fear that forensic evidence of criminal research activities will be destroyed if the land is excavated before a thorough investigation is made to their satisfaction. The Superior Court will hear the kahnistensera’s demand for an interlocutory injunction against the construction project on October 26th 2022.
Meanwhile, the Société québécoise des infrastructures (the alleged owner of the Allan Memorial Institute), McGill University, the government of Canada and the City of Montreal are encouraging the desecration of the unmarked Indigenous graves situated on the former Royal Victoria Hospital and Allan Memorial sites, unceded land traditionally known as tekanontak, “two mountains” (Mount Royal). McGill University is being permitted to go forth with their $700 million “New Vic” project in the guise of furthering public policy and sustainability research.
Out of “common decency”, the kahnistensera ask a commitment from McGill university to not desecrate the bodies of their ancestors and children before the truth is known about the medical crimes committed on those lands. Instead, they demand McGill to provide access to archives so that proof of the graves can be ascertained. Furthermore, it is unceded Indigenous territory and its stewardship should remain in Indigenous hands. All permits for any construction can only be provided by the kanionkehaka, the rightful owners of the land.
The kahnistensera, as Mohawk women traditionally vested with the responsibility of caretaking the land, also denounced the visit of Pope Francis to Turtle Island. “He did not apply for permission from the true indigenous people to enter turtle island. He is not welcome and not wanted. He is just another trespasser,” said the kahnistensera. The legacy of the Catholic church on turtle Island is indisputably tied up in the genocide of Indigenous Peoples through residential schools and other oppressive and assimilationist practices evidenced in the thousands of unmarked graves discovered across the country to date. Millions more expected to be found. Canada hired the churches to carry out the genocide.
According to the Mothers, confronting the reality of these unspeakable crimes involves more than just words —it requires tangible action, particularly the dismantlement of the colonial oppressive apparatus called “Canada”. Apologies are unacceptable. Real action starts by “canceling the ‘doctrine of discovery’. No one can discover something that was not lost! [Mad Bear Anderson]. This is the only argument they use to justify their genocide”, said kahentinetha at the Rally and press conference. This goes for all of the indigenous people of the Western Hemisphere. There is no statute of limitation on such crimes against humanity.
Real action means taking accountability for what has been done which can never be rectified by “giving back” something they never owned. The churches and Canada still exist and are responsible for their crimes. This stands in stark contrast to the Pope’s slap in the face to all indigenous people, such as “prayers’, phoney apologies, empty promises and continuing genocide. These cannot heal or help the countless lives taken and harmed by the Catholic church and other evil denominations. “The Pope doesn’t have any business coming over here. And all of these people, that were involved in the biggest genocide/holocaust in world history, are walking around free as a bird and being glorified by the state, the politicians the banks” and the sheep, emphasized kahentinetha. They should join in finding these graves. “The cross must come down” was one of the main demands of the kanien’kehà:ka kahnistensera, referring to the 31 meters tall cross on top of Mount Royal. “It’s a symbol of murder, rape, violence, oppression and abuse of genocide power”, said karakwiné, one of the Mohawk Mothers, as she felt the pain of so many of her ancestors. The cross as a symbol of human cruelty was also highlighted by the Duplessis Orphans who were present and recounted the stories of sexual abuse and oppression they experienced at the hands of the priests.
This demonstrated an alliance between peoples who suffered inhuman and cruel treatment under the stewardship of the church. “The cross is a symbol of power that was used to abuse children”, said Hervé Bertrand of the Duplessis Orphans. The kahnistensera invite all people in solidarity with the cause to help them prevent the desecration of the graves of Indigenous children and ancestors before their next hearing, on October 26th. -30- Contact: kahnistensera@riseup.net 514-825-4001 Source: mohawknationnews.com [1] Milton Parc Citizens Committee (statement [2]) Links: —— [1] http://mohawknationnews.com [2] https://docs.google.com/document/d/10j4ndAOUACOcSPE3Ozh87hBW5QuC7rtAwGflBsIgZ78/edit
In recent years, more North American colleges have begun to perform land acknowledgements, which recognize the Indigenous people on whose unceded land their campuses were built centuries ago. But recent events show that talk is cheap.
A group of Mohawk women from the Kanien’kehá:ka Nation outside Montreal has taken legal action to prevent the expansion of two McGill University buildings on historically Mohawk land. This is also the site where the CIA’s MK-Ultra psychological experiments took place, in which unwilling test subjects were used in dystopian brainwashing and mind control experiments. The Mohawk group claims that the unmarked graves of children – victims of these experiments – lie beneath both the Royal Victoria Hospital and Allan Memorial Institute.
The Kanien’kehá:ka kahnistensera, or Mohawk Mothers, presented their case to the Quebec Superior Court on May 30. They’re demanding a thorough investigation of the sites to collect evidence of unmarked graves. We spoke with Mother, activist and Mohawk Nation News founder kahentinetha about McGill’s refusal to return stolen Iroquois funds and why Canada’s “whole system will fall” when the Mothers’ case is heard in court.
This interview has been edited for length and clarity.
WHO ARE THE MOHAWK MOTHERS?
We are the progenitors of the land, and all decisions that are made about it have to go through the women. We work together with the men, but the women are the ones that select those at the higher levels of power, for example, the chiefs.
WHERE DO ALLEGATIONS OF UNMARKED GRAVES AROUND MCGILL ORIGINATE?
We have had many children taken from us, murdered and buried. This was based on the 1924 Indian Lands Act, which turned our resources over to the provinces and put us on reservations, which were actually death camps. They took our children and set up residential schools. Now we’re finding these children, and they’re everywhere in Canada, in unmarked graves. [Ed. Note: 1,800 confirmed or suspected unmarked graves have been identified to date, while a Truth and Reconciliation Commission Report estimates that 3,200 exist.]
We’ve done a lot of research. We went to the McGill library archive, and now we’ve seen with our own eyes the proof of what was done, and it’s boxes and boxes. There’s so much.
After World War II, McGill got a lot of money from the military, the Rockefeller Foundation and the Canadian government to do mind control and all kinds of gross experiments on our children.
But the main scientist working with the CIA and the Canadian military on MK-Ultra was Dr. Ewen Cameron, who led the Allan Memorial Institute [a psychiatric hospital and research institute that led the CIA’s MK-Ultra experiments from 1957 to 1964]. We also have some people who lived through it and are willing to come and testify at our trial about the Native children that were brought in there and were buried. They saw shovels and everything. I personally know of somebody who was taken there because he was “unruly.” They did a lobotomy on him and sent him back. And for 40 years, his family took care of him.
My two uncles and my aunt were sent to one of the residential schools near the Six Nations reserve, and they came back and told us about it. They said to my father, whatever you do, don’t ever go to that place. So that’s how I heard about it. We knew about it. Our grandparents knew about this. It was just that nobody ever believed us. But people talked about it, and now it’s coming out.
WHAT IS THE MOHAWK COUNCIL, AND HOW WOULD YOU DESCRIBE ITS ROLE IN THIS SITUATION?
[Ed. Note: In Canada, band councils are composed of and elected by Indigenous tribal members, and are responsible for administering education, community housing and other services. However, council election turnout is very low, and the band councils are accountable to the federal government.]
Well, they don’t get much support from the people because they work so much against us. We call them “paid killers” because they were right there from the beginning in 1924, when Canada set the reservations up.
The band council ran the reservations and helped the government to carry out the genocide. They helped select the children that were sent to these schools and were never seen again. The genocide’s purpose was to rid Canada of the Indigenous people, because all the land is Indigenous land, and there is no way to sell or transfer it because it belongs to the unborn children. So the only way they could get it would be to kill off all the children and sterilize the mothers, which they did.
I was young at the time, so I experienced quite a bit of it. The band council would point out who was considered to be unruly. They would suggest that they get tested, and then who knows what would happen to them after that. That’s how people disappeared. We didn’t see them again, and we couldn’t find out what happened to them.
WHAT DID YOUR PETITION TO MCGILL UNIVERSITY ASK FOR?
I started in 2015 by writing a letter to McGill in which I took a seizure of the university, reminding them that we continue to have jurisdiction over all Mohawk land. I informed them that it was built without my knowledge or consent, and that this land belongs to us.
McGill University was built in 1821 with money from the Iroquois trust fund, which had been seized by the Canadian government, because they had decided that we were “wards of the state.” They took the money and loaned it to James McGill, a slave owner, to create a military college. Then they borrowed more money from the same fund when they turned it into a university, which has never been returned. And we’ve asked for it back in this court case, because there’s more than enough evidence.
One of the things I asked McGill for was proof that any of this land was ever transferred from the Native people. On McGill’s own website, it says very clearly there that this is Kahnawake land since time immemorial and it has never been ceded. Everybody has to say that now, before they start any meeting.
I also asked McGill to discontinue its war labs, which fund military research. I said this violates the Haudenosaunee Great Peace. This is our university, it’s on our land and we will not allow that.
HOW HAVE THE MCGILL ADMINISTRATION AND THE CANADIAN GOVERNMENT RESPONDED TO THESE CLAIMS?
I waited for a response and I didn’t get one. So I wrote back to them and I said, the time has come. When you don’t answer, that means you’re in default, you have admitted every allegation that I have made.
We went to the Federal Court of Canada and they were swamping us with protocols. We decided to drop out because they were going to do that to us for years to come. So we took it to the Superior Court of Quebec. They knew they were going to lose the case because their constitution says pretty plainly that all of the laws that have come here do not supersede Indigenous law. Anything that conflicts with that is of no force or effect. Canada has never allowed anybody to challenge it in court because that would prove it, and their whole system would fall.
We’re just doing what we know from our own way, by ourselves. We have no lawyers. The other party, well, they have their law. We have many, many lawyers working against us. They’re going to use hundreds of thousands of laws foreign to Turtle Island. Go ahead, use your law. See if any of it supersedes our way. None of it does. Their own constitution says that Indigenous law is still the law of the land. Read sections 52 and 35 yourself. But nobody’s challenged it up until now.
WHAT RESOURCES CAN PEOPLE ACCESS TO LEARN MORE ABOUT THIS?
What we want to do is we want to get all that information, all of the proof that we have, and put it on the court records and have it there for people to look at. We want the truth out there and we want it posted in their own system.
MNN. Apr. 19, 2022. By Thahoketoteh, MNN Correspondent. The solution to this war insanity is the kaianerekowa, the great peace. The indigenous have been continually offering it to the world. This works because it is based on nature. Until the women of the world take their proper place in the concensual decision making process, there will be no peace. This war between Ukraine and Russia was not called by the women, the mothers of the men and boys who are dying on all sides. According to the kaianerekowa, the mothers decide if there shall be a war. A true war is always about the protection of the land and the people.
What is the American Empire? It is the “empire of the city” ruled by the Vatican, the City of London and Washington DC. owned and controlled by the bankers. It is an illusion of empire based on an artificial private corporation. They create chaos and mayhem, based on a private corporation called the Crown.
THE UNENDING FIGHT FOR THE LAND.
Factually all land and assets in the western hemisphere belong to the indigenous people since time immemorial and to infinity. The Western Roman empire is occupying unceded indigenous land from ocean to ocean and pole to pole, without the permission of the caretakers of the land, the indigenous people.
1710 Four Iroquois chiefs at first international conference on peace in London.
Presently two nuclear armed camps with the ability for nuclear disaster are threatening the world. The women of the world are the true titleholders of the earth. In the 1960s when Russia tried to put weapons in Cuba, the US put an embargo around Cuba and went on full military alert to invade Cuba. It was called off.
The indigenous never surrendered any of the land that creation placed them upon. It is owned by the future generations. To get control of turtle island, on October 25, 1924, the Indian Lands Acts was passed ,and the natural original people were placed in Prisoner of War camps called ‘indian’ reservations.
The kahnistensera women as well as tghe other women of the world have the duty to protect mother earth and all life as they are the life bringers. The longest military occupation in the history of the world has been on turtle island, to create nation states under one world government. The women of the world are allied together to save the earth.
When Putin announced that the Russians were going into Ukraine, they did not want to own or occupy it. They are attempting to cleanse the land of the neo-nazi mentality.
Turtle island is self sufficient as everything the indigenous need is here, which makes them 100% sovereign. The indigenous want to cleanse this land of its invaders who have been devastating turtle island for 500 years.
Europeans putting their flags on turtle island does not mean they own it. They are trespassers who invaded, stole and divided indigenous land.
Recently the U.S. and Canadian band and tribal council puppets met with American and Canadian authorities in Ottawa to discuss the Canada/US border. The Jay Treaty 1794 is between the US colonies and Britain to end their colonial war. No one can circumvent the kaianerekow, great peace. Article 2 acknowledges the indigenous people as independent with the inherent right to cross and re-cross the ‘imaginary’ border that was artificially put across turtle island. This applies to all of turtle island, north and south.
The band and tribal councils work for the invaders. Indigenous law does not recognize the laws of the invaders nor their indian “traitors” who are slaves on the invader’s ship. They are all ‘squatters’ if they don’t follow or recognize the kaianerekowa. The band and tribal councils are sell-outs of the great peace which makes them guilty of treason.
What they have done together to the indigenous people and mother earth is atrocious. Those ‘indians’ went to Rome and kissed the ring of the Pope to show their subservience to him. He said, “Sorry” but not “please forgive me”, the same for the Canadian and American criminals. They do not speak on our behalf on anything.
No one is being held accountable for the biggest holocaust in all humanity. The indigenous want to bring this issue before a proper world format.
There are several scenarios. onowarekeh is one entity. First, US, Canada and Mexico will again become onowarekeh, the basis of mother earth. The indigenous recognize themselves as one people. Second, Indian Affairs is desperate because they realize their end is coming soon. From the 14th floor in Hull the generals are issuing thousands of new Indian Status Cards to non native people to influence the vote that none of the traditional people ever take part in, in the 51% hierarchical elections. So there is always conflict. the indigenous do not vote because they are not part of them and they are not part of the indigenous.
Nature will protect the indigenous people who are part of all creation on turtle island. The recent secret meeting in Ottawa on the Jay Treaty has been kept secret. The government has never been transparent to anyone.
Is Eric Clapton asking for the impossible? Tell the truth. Tell me who’s been fooling you? Tell the truth. Who’s been fooling who? There you sit there, looking so cool While the whole show is passing you by. You better come to terms with your fellow men soon, cause The whole world is shaking now. Can’t you feel it? A new dawn is breaking now. Can’t you see it?
MNN. Apr. 16, 2022. Update by thahoketoteh, MNN court reporter. The mohawk mothers were ready to proceed without lawyers with the case on April 14, 2022. For various reasons the court meeting has been postponed to May 30, 2022. The mothers continue to monitor the entire Royal Victoria Project while the case is in court. All proposed renovations continue to be challenged by the kahnistensera, the caretakers of the unceded land in question. No work is being carried out at this time.
INDIGENOUS WOMEN LEAD FIGHT FOR LAND
On May 30 there will be a Calling of the Roll” and case management. Then the kahnistensera can present their case.
The Attorney General of Quebec has been notified that the case has crucial constitutional and public interest importance to both Canada and Quebec and has intervened in the case, i.e. indigenous lands and crimes against humanity regarding the unmarked graves. Defendant SQI has appointed new lawyers.
The rotiskenraketeh [men’s fire] will follow their duty and will carry out the women’s bidding as per the kaianerekowa.
As Billie Holiday sings about something that’s being delayed: “I’ll be seeing you in old familiar places, that this heart of mine embraces all day through. I’ll see you in the morning sun and when the night is through. I’ll be looking at the moon and I’ll be seeing you” [on May 30].
MNN. The infinite elder, Red X, of the 5th dimension, arrived on his silver eagle. He pulled out our instruction manual known as the ‘kaianerekowa’, the great peace, which guides us on how the world will respect the onkwehonwe:onwe, the original people of turtle island.
The only existing photo of famous sage, Red-X, whose eyes are black cavernous void leading directly into the 5th demension.
From the burning of ceremonial tobacco, Red X received a telepathic message about the Quebec Superior Court trying to ignore the truthful message of the kahnistensera, Mohawk Mothers, to respect indigenous ways throughout turtle island. [Quebec District Court. No. 500-17-120468-221 kahnistensera v. Society quebecoise des infrastructures, Royal Victoria Hospital, McGill University, City of Montreal, Stantec Construction & Attorney General of Canada]. The mothers are charging them with crimes against humanity.
Red X is the ultimate warrior who sees and knows the past, present and future, and returns to give us important messages on the meaning of what is happening.
The oienkwen:ton [hanging tobacco] is an elite part of the Warrior Society [rotiskenra:kete]. They are also known as the “ghost warriors”. A bundle of fresh tobacco is tied and hung in the dark corners of the longhouse so they will stay green and almost invisible.
This society secretly train to be close to the original duties of our ancestors to protect the people according to the great peace. They go through rites to develop great mental and physical strength in peacetime and wartime. Only those with great strength and power are selected to be part of this special elite force. Their bodies are painted in dark colors, red and yellow stripes are marked on their faces and their clothes blend in with the forest. When they are on maneuvers in the wilderness, they are a shadow that cannot be seen nor heard by the enemies. W79.
The 5 war chiefs prepare for war & have their men ready to fight the enemy of the Great Peace. W79.
The women give the offending party three warnings. If they refuse the third warning, the aserakowa comes with the black wampum, and personally gives them the last chance to grab the wampum before it hits the ground, thereby abiding by the women’s orders to cease breaking the peace and hurting the people. If the enemy lets the black wampum hit the ground, the oienkwenton immediately smash their heads with the war club. Their brains empty onto the earth to release the evil into the soil to be cleansed by mother earth. Then the war begins.
oienkwen:ton, hanging tobacco, are always with us in the spirit dimension to assist our men. They visit those who work against natural law.
Red X said the sky world is returning and that each has to figure out the meaning in their own mind. For those who have ignored the great peace, the disaster for them will be the return of peace. There will be no more need for mind control by religions, lawyers, judges, courts, armies, the obedience training and no one to tell them how to think.
The black serpent is still trying to make war and looking around for its next victim. It will see the onkwehonweh healing in the hilly country and say, “I have no fight with them” and then a light many times brighter than the sun will come from the east. The black serpent will be fearful, swim south, never to be seen again. Red X says the problems are because man always keeps dabbling in war rather than living under the tree of peace. Red X says there will be a clearing of the minds and everyone will remember everything. The truth will destroy the evil.
Those who cannot evolve into becoming as one with creation will perish. Then we will go into a golden age of peace in our galaxy.
Then Red X mounted his silver eagle and said, “So be it in our minds” and flew off towards the sun in the direction of Chicago where he heard Howling Wolf singing:.
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
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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. 27, January 2022. This is an update by thahoketoteh of MNN on the McGill ongoing saga. The kahnistensera, Mohawk Mothers, are concerned with the self-preservation of indigenous lives and culture facing genocide at the hands of colonists trespassing on turtle island, using the foreign Admiralty Law of the Seas to violate our land, our people, resources , and culture.
In the middle of this case, super-paid Principle and Chancellor of McGill, Suzanne Fortier, resigns! At McGill a messy failure has been left behind. As the Chinese say about those who abscond, “They will suffer death by a thousand cuts”:
In the ‘procedural swamp’ the FCC [T-1696-21] asked for time consuming information that has already been provided. tThe court’s concern is about traditional
IT SAID: “TAKE BACK TEKANONTAK” [AKA MONT-ROYAL] THIS IS KANIEN’KEHA:KA MOHAWK LAND.
representation, signers and speakers.
This is delaying presenting the substance of the case ofthe suspicions of unmarked graves of our people on the site of the Royal Victoria Hospital and the Allan Memorial Institute of McGill University.
According to Sections 35 and 52 of the Constitution Act of Canada 1982, all the laws of Canada have no force or effect because they are inconsistent with the kaianerekowa, great peace. The kahnistenera, Mohawk Mothers, can only represent themselves according to ancestral law. They are the caretakers of the children and the land they are brought onto.
This sounds like the philosophy commonly used by mega corporations and the military which are connected to all universities, such as the movement to ‘Demilitarizie McGill” has tried to reveal at McGill University.
The main issues in the court case are the unmarked graves, the trespassing on Mohawk land, and the borrowing of Iroquois Trust Funds to build McGilll that was never repaid to the Mohawks.
The traditional process of the kanienkehaka [Mohawk] is to listen to the proceedings and report the words to the clans. The appointed word carriers will be given the words that will go back to the court.
The kahnistensera cannot be represented by a lawyer, council or non-kaianerekowa person as it would be inconsistent with the great peace. The court is allowing the four opposing lawyers to speak and question the witnesses, while the indigenous women will be allowed one speaker!
The SQI reached out to the band councils for information and assistance. The band councils are created by the Canadian Army to take care of the prisoners in this ongoing war for indigenous land title.
The economic sanctions strategy was invented with the onkwehonweh [indigenous people of the land] in mind. No people have ever endured more oppressive sanctions than the original people in the history of modern economics. The creation and theft of the Indian Trust Funds was to create a stranglehold on the economic freedom of the original peopleMN.
Though they are ‘old’, they are capable and expect to be treated fairly. The court was informed that they will continue this case as joint applicants according to Rule 102[b] of the Federal Court of Canada: “the relief claimed, whether joint, several or alternative, arises from substantially the same facts or matter”. In this case, once an agreement is made they must stand behind the words.
Leonard Cohen was an inmate in Dr. Ewen Camerons ‘mind control’ experiments at Allan Memorial Hospital of McGill and also wrote a song about a “Suzanne”. We wonder if Leonard ever listened to Ted Nugent’s song,” Stranglehold” which describes what has been done to us on the economic front. “Here I come again now, baby, like a dog in heat. You can tell it’s me by the clamor now, baby. I come to tear up the streets. I’ve been smoking for so long and now I am here to say, I got you in a stranglehold, baby. I’m gonna crush your face”.
[Thahoketoteh of MNN coverage of FCC v. kahnistensera court case] The teiohateh two row is the relationship between us and the colonists, the canoe and the ship. The peace, friendship and respect was to keep us side by side on our land and water. The ship is temporarily tied to our land with the silver covenant chain. We are now asking those on the ship to respond.
PART I AUDIO: [in 3 parts]
MNN. Jan. 10, 2022. Section 35 [1] of the Constitution Act of Canada, 1982, provides “the existing precolonial aboriginal and treaty rights of the aboriginal people [of turtle island] ARE HEREBY RECOGNIZED AND AFFIRMED”. Section 52 [1] affirms that “‘any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, OF NO FORCE OR EFFECT.
Therefore, the kaianerekowa, which is the existing aboriginal legal system which we have inherited from precolonial times which was never revoked or conceded, is the supreme law of “Canada”. All laws not recognized by kaianerekowa are of no force or effect on any of our land.
AUDIO
No: T-1696-21
FEDERAL COURT
BETWEEN:
THE KANIEN’KEHA:KA KAHNISTENSERA (MOHAWK MOTHERS) KAHENTINETHA, KAWENAA, KARENNATHA AND KARAKWINE, supported by the MEN’S FIRES OF KAHNAWAKE, AKWESASNE, KANEHSATAKE, OHSWEKEN AND KENHTEKE
Applicants
And
SOCIÉTÉ QUÉBÉCOISE DES INFRASTRUCTURES,
MCGILL UNIVERSITY; OFFICE OF THE PRINCIPLE & VICE CHANCELLOR;
CITY OF MONTRÉAL; and STANTEC CONSTRUCTION:
Respondents
APPLICANTS’ RESPONSE TO THE RESPONDENTS’ REQUEST
TO STRIKE OUT THE APPLICANTS’ PLEADING
(Rules 4, 8, 25, 221 and 369 of the Federal Courts Rules)
TABLE OF CONTENTS
Notice of Motion………………………………….………………………………….…..3
Written Submissions of the defendant…………….….…………………………………..6
Proposed Court Order …………………………………………………………………..16
CONSIDERING THAT the SQI Société québécoises des infrastructures (« SQI ») will present a request to strike out the Applicants’ motion to the Court on January 14, 2022, at 1:30 PM-EST.
THE MOTION SEEKS to (1) confirm that the Federal Court is the competent court to judge the present case.
THE GROUNDS FOR THIS MOTION ARE AS FOLLOWS:
In their Avis de requête, the Respondents suggest that the Federal Court would not have the ability to judge our case and ask to strike it out.
The Respondents allege that the case does not meet the three-part test established by the Supreme Court to determine if it belongs to the jurisdiction of the Federal Court.
However, as sovereign traditional rotinonhsonni people, the Applicants are adamant that the Federal Court is the only instance available within the State of Canada which can examine their case, as it concerns the nation-to-nation relationship between Canada and the rotinonhsonni confederacy.
The Applicants argue that not receiving the case in the Federal Court would violate the Silver Covenant Chain and Two Row Wampum treaties between the Rotinonhsonni Confederacy and the British Crown the fiduciary obligation of the Crown towards Indigenous peoples, the Royal Proclamation of 1763 and the Constitution of Canada, 1982. The Rotinonhsonni Confederacy has no dialogue or historical relationship with the Canadian province of Quebec, which lacks competence in Indigenous issues.
The Applicants also argue that the case concerns Bill-15, which is an Act of the Canadian Parliament, acknowledging and affirming the United Nations Declaration on the Rights of Indigenous People, notably the right to patriate human remains.
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
ADRESSED TO:
Me Alexandre Rouanet-Bazinet,BERGERON, of DENILLE & ASSOCIATES, Counsel for SQI the defendant Société québécoise des infrastructures E-mail: arouanetbazinet@sqi.gouv.qc.ca : 438-831-4032 / f.: 514 873-2516 DAJ@sqi.gouv.qc.ca
Me Brigitte Savignac, of CLYDE & CIE CANADA S.E.N.C.R.L., Counsel for the defendant Stantec inc., 630, boul. René-Lévesque Ouest, Bureau 1700, Montréal (Québec) H3B 1S6, Telephone : (514) 843-3777, Brigitte.savignac@clydeco.ca
Me Doug Mitchell, of IMK AVOCATS, Counsel for the defendant McGill University, Place Alexis Nihon / Tower 2, 3500 De Maisonneuve Boulevard West, Suite 1400, Montreal (Quebec) H3Z 3C1, Telephone 514 935-2725
Me Simon Vincent, of BÉLANGER SAUVÉ, S.E.N.C.R.L., Counsel for the defendant, City of Montreal, 5, Place Ville Marie, bureau 900, Montreal (Quebec) H3B 2G2, Telephone: 514 876-6203
WRITTEN SUBMISSIONS OF THE APPLICANTS
Context
The plaintiffs hereby requesting an injunction order from the Federal Court of Canada are the kahnistenhsera (life-givers, i.e. women), which wampum 44 of the kaianerekowa, the precolonial constitution of the rotinonhsonni (Iroquois) confederacy, declares as the sovereign caretakers of a’nowarà:ke, turtle island, for the coming generations, tahatikonhsontóntie. As sovereign indigenous people, the kaianerekowa is our basis of all adjudication and resolution, and our duties and rights are exercised in our protocols, clan system and oral tradition which come from time immemorial.
Following serious allegations that Indigenous children were used and may have died from being subject to MK-Ultra “mind control” experiments conducted by Dr. Ewen Cameron at McGill University’s Allan Memorial Institute in the 1950s and 1960s, the kahnisténhsera have demanded the immediate cessation of planning and construction work on the sites of the Royal Victoria Hospital and the Allan Memorial Institute authorized by the City of Montreal (file 1217400001) to investigate potential unmarked graves on site.
In a letter to the Office de Consultation Publique de Montréal (OCPM) dated November 9, 2021, the Provost and Vice-Principal (Academic) of McGill University has agreed that an investigation into unmarked graves on said sites was necessary and committed to collaborating in it. However, no effort has been done to reach out to the kahnisténhsera to realize this investigation. The Société québécoise des infrastructures (SQI), which was declared to be the owner of the Allan Memorial Institute by Nicole Brodeur, president of the OCPM, during the hearing of the kahnisténhsera, has contacted the Band Council offices of Kahnawake and Kanehsatake on November 9, 2021, to discuss collaborating on the matter. However, Band Councils have no jurisdiction on traditional indigenous homelands outside of the boundaries of reservations, and they are in a conflict of interest given that they as allies administer funds from the federal government of Canada, which unconstitutionally imposed the Band Council system on the kanien’keha:ka people through the Indian Act. Moreover, the SQI has later denied owning the said sites.
The kahnisténhsera are still waiting for the parties involved to collaborate and provide funding for a kahnisténhsera led investigation on potential atrocities conducted on the sites of the Royal Victoria Hospital and Allan Memorial Institute. The unmarked graves of our children are part of the ongoing crimes against humanity and genocide of the indigenous people in Canada, following the definition of the United Nations 1948 Genocide Convention. Recovering the remains of Indigenous people killed because of genocidal policies has been acknowledged as an utmost priority by the Truth and Reconciliation Commission of Canada and the United Nations Declaration on the Rights of Indigenous People, whose validity has been affirmed by the Parliament of Canada in Bill C-15
As kahnisténhsera the Applicants are seeking relief by requesting the Federal Court of Canada to issue an order impeding demolition and construction work on said sites in order to allow an Indigenous-led archaeological and forensic investigation on the presence of human remains.
Through the lawyers of the Société Québécoise des infrastructures, the Respondents have filed a Dossier de requête en radiation d’une demande et en prolongation de délai to the Court on December 7, 2021. They argue that the Federal Court lacks the jurisdiction to judge the case.
The Applicants are adamant that the Federal Court of Canada is the proper court to examine the case. The following arguments explain why.
Arguments
The Respondents argue that the case does not pass the test created by the Supreme Court in Windsor (City) v. Canadian transit co, 2016 SCC 54 (“Windsor”), to determine the jurisdiction of the Federal Court determined by the Federal Court Rules, R.S.C. 1985, c F-7 (“FCA”); 1] There must be a grant of jurisdiction by an Act of the Federal Parliament; 2] There must be a body of federal law that is essential to the resolution of the dispute and is the basis for the statutory grant of jurisdiction; 3]The law relied upon in the case must be “a law of Canada” within the meaning of section 101 of the Constitution Act, 1867.
The Respondents argue that Article 35 of the Constitution Act of Canada, 1982, which the Applicants rely on in their original motion, is not a “law of Canada” within the meaning of section 101 of the Constitution Act, 1867.
The argument used in Windsor para. 63 makes a distinction between Canada as a country and Canada as a level of government within Canada, stating that “After the 1982 ‟patriationˮ, the Constitution is certainly a law of Canada the country, as opposed to a law of the United Kingdom, but it is not one of the “Laws of Canada”, the federal laws, referred to in 101of the Constitution Act, 1867.” In para. 64, it states that “Surely constitutional law is neither federal nor provincial. The Constitution logically precedes that distinction”. It is on that basis that it concluded in para. 33 that by addressing the Constitution of Canada, the Canadian transit company was not addressing the jurisdiction of a Federal Court, as it was “not seeking relief “under an Act of Parliament or otherwise” (i.e., under federal law) as required by s. 23(c) of the Federal Courts Act. Section 23”.
However, the Applicants are adamant that the Federal Court of Canada is the only court available in the legal system of the State of Canada to examine the case.
It must be noted that even though it would confer jurisdiction to the Federal Court of Canada, the Applicants are not seeking relief under the provisions of the Specific Claims Tribunal Act, which only concerns non-sovereign “First Nations” incorporated under the Indian Act, who have thus relinquished their sovereign rights protected by the United Nations Declarations on the Rights of Indigenous People and the Constitution of Canada, 1982. The Specific Claims Tribunal Act only allows for monetary compensation; whereas the present case concerns issues of sovereignty, land and genocide which cannot be resolved only with monetary compensations. Consequently, the jurisdiction of the Federal Court of Canada is rather evidenced by the following points:
First, para. 4 of the Federal Court Rules, R.S.C. 1985, c F-7 states that “The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims”. The fiduciary responsibility of the Crown vis-à-vis the sovereign Indigenous peoples of a’nowarà:ke, turtle island, is an obligation of the Crown engaging the Federal Court as a referee in conflicting claims between the Applicants and the Respondents.
Second, the case engages strictly Federal jurisidictions and responsibilities, such as the Calls for Action of the Truth and Reconciliation Commission of Canada indicating that the search for unmarked graves is a top priority for the State of Canada to advance “reconciliation” with Indigenous peoples.
Third, most importantly the case directly engages at least one “law of Canada” in the meaning of section 101 of the Constitution Act, 1867. This law is Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the Parliament and Senate of Canada, and having received royal assent on June 21, 2021. In para. 17a, the Act affirms “the Declaration as a universal international human rights instrument with application in Canadian law.” The current motion asks the Federal Court of Canada to assess the application of Bill C-15, as an “Act of Canada” in the current issue. Provided that the search for unmarked graves of sovereign Indigenous peoples, their right not to be subjected to genocide, and their right not to own and to live freely in their traditional unceded lands constitute the backbone of the present case, the following paragraphs from the United Nations Declaration on the Rights of Indigenous Peoples apply directly to it:
PART II AUDIO:
(Art. 1) Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and international human rights law.
(Art. 7) 1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
(Art. 12) 1. Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains. 2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
(Art. 19) States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
(Art. 25) Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
(Art. 26) 1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired. 2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired. 3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
(Art. 27) States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.
Fourth, the case directly engages the original jurisdiction of the Federal Court for extraprovincial matters. This extraprovincial jurisdiction applies to conflicting claims between subject and subject, and not only to claims where the Crown is a party. 25 of the Federal Court Rules, R.S.C. 1985, c F-7 (“FCA”) states: “The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy”. It is a fact that no other court has jurisdiction in respect of the present claim, which engages the fiduciary responsibility of the Crown vis-à-vis Indigenous peoples, Bill C-15 as a law of Canada, and the Constitution of Canada, 1982.
Fifth, the Respondents’ argument to strike out the case based on the Supreme Court ruling in Windsor to the effect that the Constitution of Canada is not a “law of Canada” rather reinforces the Applicants’ claim that the Federal Court of Canada is the only available instance within the State of Canada that may examine the case. The following reasons lead to this conclusion:
The Respondents base their argument for striking out the case on the notion that the Constitution of Canada, 1982, is not a “law of Canada” within the meaning of section 101 of the Constitution Act, 1867. Yet the Respondents fail to mention the Applicants’ reference to Article 52 of the Constitution of Canada, 1982, which states that it is the “Supreme law of the land”, that all the “laws of Canada” that are not consistent with the Constitution are null and void, and that its provisions are not subject to the Notwithstanding Clause [that nothing can contradict the kaianerekowa that supercedes anything and everything.]. This includes Article 35, which “affirms” the “existing rights” of “Aboriginal people”, and cannot be revoked. On the unceded Kaienke’ha:ka territory of Montreal, the supreme law of the land acknowledged the Constitution of Canada, 1982, is the kaianerekowa (Great Peace, constitution of the rotinonhsonni confederacy), which states that the Applicants, as kahnisténhsera, are the sovereign caretakers of the land.
The rotinonhsonni (Iroquois) confederacy has an historical nation-to-nation agreement with the British Crown, namely the Silver Covenant Chain which Queen Elizabeth II has polished in the sovereign kanien’keha:ka territory of Tyendinaga in 2010. The Silver Covenant Chain originally allowed the British ship to dock at a’nowarà:ke, provided that it would respect the teiohá:te (Two Row Wampum), stating that the European peoples’ ship would not encroach on the ways of life and the land of Indigenous peoples. When the Constitution of Canada was “patriated” in 1982, it has been assumed that Canada would inherit the fiduciary responsibility and the nation-to-nation relationship with Indigenous peoples previously assumed by the Crown of the United Kingdom. However, the Province of Quebec has never established any diplomatic relationship with the traditional government system of the rotinonhsonni (Iroquois) confederacy, and therefore lacks jurisdiction in matters concerning traditional rotinonhsonni and kanien’keha:ka peoples.
If the Supreme Court ruling in Windsor states that the Constitution of Canada, 1982, is not a “law of Canada”, it is because it is higher than all the “laws of Canada”, and overrides them by virtue of Article 52. As it acknowledged that the Constitution of Canada is higher than the “laws of Canada”, this argument cannot be used to send the current case to a lower court, but implies that it belongs to the highest possible court. If the Federal Court does not assert jurisdiction, and if no such higher court is available within Canada, it is because the case belongs to the sovereign jurisdiction of the rotinonhsonni confederacy, the kaianerekowa (Great Peace) on its unconceded traditional homeland.
Traditionally, the nation-to-nation relationship between the sovereign rotinonhsonni confederacy and the sovereign of Canada, the Crown of the United Kingdom was in the legal jurisdiction of the Privy Council of the Commonwealth of the United Kingdom. As a British court, the Privy Council was the “higher court” assuming jurisdiction over the relationship between the “laws of Canada” and sovereign Indigenous peoples. However, the Privy Council of the Commonwealth was abolished in 1949, and the Canadian federal courts inherited its judicial obligations vis-à-vis Indigenous peoples.
If the Federal Court of Canada is not the highest court having jurisdiction over constitutional matters engaging sovereign Indigenous peoples, the Applicants would appreciate to know which is the higher court responsible for upholding the Constitution of Canada, 1982.
In the meanwhile, the Applicants’ understanding is that Article 52 of the Constitution of Canada, 1982, affirms that all the “laws of Canada” that are inconsistent with the Constitution are null and void, and that the Notwithstanding Clause does not apply to the Constitution. This includes Article 35, which acknowledges the sovereignty of “existing Aboriginal rights”, which in the case of the traditional homeland of the rotinonhsonni and kanien’keha:ka peoples, is the kaianerekowa (Great Peace).
The Applicants also point out that the Royal Proclamation of 1763, where the British Crown promised that Indigenous peoples would not be “disturbed” in their sovereign unceded territories, has never been revoked, and is still part of the constitutional groundwork of Canada.
In essence, the Applicants argue that the case is brought before the Federal Court of Canada because it concerns Canadian subjects who have violated the supreme law of the land, the constitution of the rotinonhsonni confederacy, the kaianerekowa (Great Peace), whose supremacy is acknowledged by the Constitution of Canada, 1982, the United Nations Declaration on the Rights of Indigenous People. It is the fiduciary obligation of the Crown to uphold the kaianerekowa.
OUR FIGHT IS NEVER BEHIND US UNTIL THE GREAT PEACE WINS.
PART III Audio
Clarifications on traditional rotinonhsonni protocol :
The 1763 Royal Proclamation, the 1982 Constitution Act of Canada, the Constitution of the United States of America and all other legal foundations of settler colonial occupation have no power to turn trespassers into true natural sovereigns on a’nowarà:ke, turtle island. According to the kaianerekowa, great peace, the kahnisténhsera, “life-givers”, are each the sovereign caretakers for the coming generations, tahatikonhsontóntie. The kaianerekowa provides that any decision must be gained through our clan system and our consensual decision-making process.
The Silver Covenant Chain and the teiohá:te (Two Row Wampum) is the protocol that originally allowed European settlers to share an existence on a’nowarà:ke, turtle island. The settlers agreed to keep their culture, language, and ways on their ship, ensuring that the indigenous canoe would always remain sovereign on the continent of a’nowarà:ke. Neither the teiohá:te nor the kaianerekowa permitted settlers to encroach in any way on the land except to grow food in the depth of a plough for their sustenance. There were not allowed to build infrastructures nor extract our natural resources. Furthermore, the infrastructures at McGill University and in the City of Montreal were built with borrowed Iroquois Trust Funds which have never been repaid, and that were confiscated to our people using the racist pretext that indigenous peoples were incapable of managing their own funds.
Canada, Quebec, Montreal and McGill University have no legal relationship, agreement, treaties or covenants with the rotinonhsonni confederacy and the sovereign kanien’keha:ka people using the protocols of the kaianerekowa. Due to this legal limbo, McGill University, the SQI and the City of Montreal are currently trespassing upon the following Iroquoian ancestral homelands: kawehnote teiontiakon [Montreal Island], tekanontak/ononta tiotiake [two mountains connected, Mount Royal], and skanawatsta [across the mud flats, Ste-Anne-de-Bellevue]. The Sulpicians have purported that they were granted these lands from the King of France but have failed to show any proof that these sites were ever ceded or sold by the Iroquoian peoples. All parties that have bought and sold said lands throughout history have been guilty of handling stolen property.
We understand English as the diplomatic language we can use for communication with non-indigenous parties. Communicating without our permission in French, a language that we do not understand, violates international protocol. Should the defending parties insist on speaking French to us, we will reply in kanienkehaka Mohawk language, the original language of our Iroquoian homelands.
Canada and its affiliated institutions are currently violating the sovereign rotinonhsonni constitution of the kaianerekowa, the Great Peace. Section 35 [1] of the Constitution Act of Canada 1982 provides: “the existing [pre-colonial] aboriginal and treaty rights of the aboriginal people [of turtle island] are hereby recognized and affirmed”. Section 52[1] affirms that “any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.” Therefore, the kaianerekowa, which is the existing aboriginal legal system which the rotinonhsonni confederacy has inherited from precolonial times, and which was never revoked or conceded, is the supreme law of “Canada”. Consequently, all laws of Canada that are not recognized by the kaianerekowa are of no force or effect on the original homelands of the Iroquoian people.
The kaianerekowa is based on the natural world. It follows sha’oié:ra, “the way of creation forever”, and cannot be revoked. The Federal Court of Canada must accept our truth, that the original peoples of a’nowarà:ke and their legal systems are part of the sustainable ecological reality that allows life to continue. They are part of the earth, water, air and sun that are necessary for life. The corporation of Canada [licence ISO# CA 3166-1], and the British common law and French Civil law on which it is based, have no foothold on the natural reality of a’nowarà:ke, having rather allowed its destruction by supporting environmentally harmful projects that were in violation with the kaianerekowa.
After the discovery of 215 unmarked graves of Indigenous children in Kamloops, Prime Minister Justin Trudeau admitted that “We are guilty of genocide”, suggesting that the Truth and Reconciliation Commissions’ “Call for actions” must be followed to allow a reconciliation between settler and indigenous peoples in Canada. Mohawk language contains no word for “I am sorry”. We say Enhskerihwakwatá:ko, “I will make it right”. We are here today to request that the Canadian judicial process stops facilitating the genocide of indigenous peoples on a’nowarà:ke, and respects the 1948 Genocide Convention. Our message is based on our law and culture and cannot be challenged by any foreign entities and laws, which have no force or effect.
No Indigenous people ever ratified Canada to become a nation. We and our lands have never been for sale. The Doctrine of Discovery, the Right of Conquest, and John Locke’s right of appropriating land through improvement, are based on racist ideologies that contradict the Unites Nations Declaration of the Rights of Indigenous People, the Canadian Charter of Rights and Freedom, the basic principles of democracy and the common sense of most Canadians in 2022. This is why the City of Montreal, McGill University and the corporation of Canada acknowledge that a’nowarà:ke is unceded indigenous land. The legal consequences of this fact, which implies the unbreachable sovereignty of the kaianerekowa on traditional Iroquoian homelands, must be assessed by the Federal Court of Canada.
We are not addressing this court to debate or be bound by the legal procedures of a judicial system that must first assess its fundamental nation-to-nation relationship with the sovereign indigenous peoples of a’nowarà:ke. We are placing our provisions of the kaianerekowa before you for your records. It is up to the Canadian court system to judge its own citizens if they violate the kaianerekowa. The kaianerekowa exists since time immemorial and can never be amended as it is based on the natural world. The kaianerekowa does not recognize other laws on a’nowarà:ke. All laws of Canada, case laws, treaties, and procedures have no force or effect unless they are recognized by the supreme law of the land, the kaianerekowa.
Today we are embarking onto the European ship to remind settlers of the original law of this land. The colonial court under your sail has no jurisdiction over us, the sovereign kanienkehaka:onwe. You have jurisdiction over your own people on your ship. Without our permission the governance of your people overreached its jurisdiction, violating the kaianerekowa. Your ship is temporarily chained to our shores by a Silver Covenant Chain agreement. We request that your colonial settler population respect us, follow your laws, to stop the genocide and crimes against us. We are not Canadian subjects. Our culture is based on the natural world. We will tell you the truth, and we will expect you to respect it.
A’nowarà:ke, January 8, 2022.
toknikon, the sovereign caretakers,
The kanien’kehá:ka kanistensera, kahentinetha, kawenaa, karennatha and karakwine, supported by the men’s fire of kahnawake, akwesasne, kanehsatake, ohsweken and kenhteke. PO Box 991, kahnawake, Quebec, J0L 1B0 Email: kahnistensera@riseup.net; kahentinetha2@protononmail.com
COURT ORDER
CONSIDERING the Notice of Motion filed in the Federal Court of Canada by the Applicants on November 9, 2021;
CONSIDERING the Respondent Société québécoise des infrastructures’ Dossier de requête en radiation d’une demande et en prolongation de délai (request to strike out the Applicants’ pleading and to prolong the delay)
CONSIDERING THAT the Respondent’s request to strike out the Applicants’ pleading is not legally justified;
FOR THESE REASONS, THE TRIBUNAL:
DISMISSES the Respondents’ Dossier de requête en radiation d’une demande et en prolongation de délai dated November 7, 2021.
THE WHOLE with costs.
The Beatles knew when it was over.: “I read the news today, oh boy, About a lucky man who made the grade. And though the news was rather sad, Well, I just had to laugh”
MNN. Dec. 9, 2021. [Thahoketoteh of MNN on FCC v kahnistensera]. Arrangements were made with SQI lawyer, Alexandre Rouan Bazinet, last week to discuss transfer of all keys for the Royal Victoria Hospital to the kanistensera, to house the indigenous homeless. Notice of the meeting was sent to the SQI, City of Montreal, McGill University, Stantic Construction Company, the Montreal Police and McGill Security. Official kenienkehaka Mohawk Nation protocols were followed throughout.
A report is being carried to the men’s fires of Iroquoia. McGill and Quebec both deny ownership of Mount Royal as it was the Mohawk village of tekanontak. Bazinet is the lawyer for SQI in a Federal Court of Canada motion T-1696-21, filed by the kanistensera. At the Public Consultation Commission hearing on the Royal Vic Project, the SQI was declared to be “owners” of the property under Canadian corporate law. Both SQI and McGill are now denying being the owners of Mount Royal as they would be guilty of dealing with stolen kanienkehaka property under the kaianerekowa, great peace, and Canadian corporate law. Moreover they prepared their own militia to brutalize the elders and supporters. A full criminal investigation should be done with regard to this outrageous armed assault, abuse, threats and bullying so the public is aware. https://www.youtube.com/watch?v=8fL0Easmd-4
And a text written by the Milton park allies below!
Yesterday, at 11.35, DEC. 8, 2021, the Milton Parc Citizens’ Committee organized a peaceful protest to stand with the Kanien’kehá:ka Kahnistensera [Mohawk Mothers]. 25 to 30 people of all ages were present to retrieve the keys to the Royal Vic, a subsidiary of McGill University. After speeches, elders and mothers of the Nation entered the SQI, Province of Quebec Department of Infrastructures, office building. A police officer standing outside, speaking to a liaison, threatened to declare the protest illegal, and to begin arrests of those who remained. Police alleged protest members were blocking the doors to the offices. This could not have been further from the truth: the protest was very remote from the door to the offices. The police then threatened, again, to declare the protest illegal this time unless the name of the event organizer was disclosed to them. There is no legal obligation to disclose such information to police officers. It is bizarre they made such an insistence, and it is certainly not grounds to declare a protest illegal.The right to silence protects privacy.
Inside the building, mothers and elders asked to speak to a member from the SQI who they had made an appointment with and who the mothers and elders informed that they would be coming. The mothers and elders were not aggressive or confrontational. However, the police, visibly permitted by the SQI, quickly escalated the situation. The police did not allow the mothers to wait in the waiting room until they could make contact with a representative. One officer clearly attempted to intimate and provoke an elder, just as 20-25 police officers rushed into the building, scaring the protesters outside who were unaware of the events taking place in the offices. All these events unrolled in a time period of roughly 20 minutes. One of the people assigned to accompany the elders was forced by police to turn off their camera, and a journalist from Le Metro had their camera punched by an officer, as assault. The journalist later said to an organizer that they had ‘never experienced such direct aggression from police, despite years of covering protests.’ The elders and mothers were then violently shoved out of the SQI offices.
As this scene became visible, the crowd outside was completely shocked and disgusted; turned on their cameras and quickly began admonishing the officers. It is a great shame that the police and the SQI allowed the situation to escalate, and for violence and threats to be delivered to citizens; as well as elders and mothers whose nations are traditional caretakers of this land. The SQI is directly responsible for this police response. The Royal Vic has turned into the subject of a serious land dispute. As such, this heavy, disproptionate response from the SQI and the police only perpetuates a harsh colonial legacy, shutting down attempts at dialogue and respect between members of different nations with the threat of armed force. No matter the resistance: we remain true to our struggle for human rights and justice.
Frank Smith dances to the double talk we constantly get: “To get on the double dutch bus you know you want to jump. So get on the double dutch bus. So take a ride, we’re waiting in the clutch. There’s a double dutch bus coming down the street. Moving pretty fast, so kind shuffle your feet. Get on the bus, and pay your fare. Tell the driver you’re going to a double dutch affair. Follow me. fe fi fo fum, fe fi fo fum”. [Double Dutch Bus]
Societe quebecoise des infrastructures, 445 Saint Gabriel Street, Montreal [Quebec] H2Y 3A2. 514-873-5485 /http://smayes@sqi.gouv.qc.ca/. ;
cc. McGill, Premier Province of Quebec, Stantec Construction, City of Montreal, Prime Minister Trudeau, Federal Court of Canada, International Criminal Court, United Nations, Canadian Civil Liberties Union, Wetsuweten Nation
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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. 
In the middle of this case, super-paid Principle and Chancellor of McGill, Suzanne Fortier, resigns! At McGill a messy failure has been left behind. As the Chinese say about those who abscond, “They will suffer death by a thousand cuts”:
