Here Come Da Judge

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I’LL BE A FOOL FOR YOU [DEVELOPERS]”, SINGS ROGUE JUDGE DAVID MARSHALL REGARDING THE SIX NATIONS ?HALDIMAND TRACT?. HAS HE DECLARED WAR ON US?MNN. Aug. 9, 2006. ?You can?t break my heart anymore?, summarizes Judge David Marshall?s dream to kick the Six Nation people off our reclaimed land. We know you have land on the Haldimand Tract that you want developed, even if it might be in your wife?s name. As a lawyer, Judge Marshall, you should know that the title is not ?free and clear?. That title is with us. You need our permission to do anything with our property. So what gives?

In court on August 8th, one Indigenous man shouted, “You have no jurisdiction,” at which time Marshall ran out of the courtroom with his gown flapping behind him.

Your court has no jurisdiction to rule on Six Nations land and its People because we never gave it to the colonists according to procedures set out in the constitutions of our peoples. Judge, you are refusing to see that your order and proceedings are a nullity. We think you don?t understand your own court system. Or are you not up to it? (Did this guy get one of those 7-day law degrees from the internet?)

The government, Henco Industries, the Attorney General of Ontario, the crown attorney and the Ontario Provincial Police all want your contempt of court order set aside. The government made a settlement with Henco for the land in question. According to the Supreme Court of Canada, the parties are supposed to resolve the problem between themselves. The court only comes in when they can?t be resolved. In this case the parties have settled. So there?s no need for your judicial hysteria.

Judge, are you mad that the ?representatives of the crown and the OPP have declared that this court is now functus or spent?? Does this mean it is defunct as in ?dead?, at least insofar as this particular issue is concerned? It?s ?moot? because the issue has already been settled. The original order was taken on behalf of Henco and they are no longer involved or interested. They?ve requested that these orders be dissolved.

So now you?ve changed the order to ?criminal contempt?. This is ridiculous! Did you have a trial? No. Have you proven things beyond a reasonable doubt and that the people involved have been given an opportunity to make full answer and reply? Of course not!

Your behavior is so irrational that it is bringing your judicial competence into question. Maybe someone should make a complaint to the judicial council. It will raise the question of what standards, if any, govern the actions of a judge.

Judge, your personal opinion is irrelevant. You and your wife should come and talk to us about your plans for developing our land. Because of your personal interest, you should resign. You?re lucky you haven?t been reported to the Judicial Council for conflict of interest. The reason you have escaped such a complaint is because most people at Six Nations do not recognize the jurisdiction of the Canadian Court.

Judge, you said, ?This is a very unique crime?. Here?s one thing we can agree with. It is ?unique?. It might even be the only crime in Canadian history that has come into being by judicial decree instead through the democratic process. You made a decree to declare us all ?Jane and John Doe? criminals so that you can willy-nilly grab any of us.

You have accused us of having, ?contempt for your system of justice?. Judge, you are the one in contempt of the system of justice. You are the one who doesn?t even bother to read or think about your own Supreme Court of Canada reasoning.

In the Supreme Court of Canada in Haida Nation v. British Columbia (Minister of Forestry) 2004, it stated, ?Our task is the modest one of establishing a general framework for the duty to consult and accommodate, where indicated, before Aboriginal title or rights claimed have been decided. As this framework is applied, courts in the age-old tradition of the common law will be called on to fill in the details of the duty to consult and accommodate?. Yep! Judge, you better read up on your own law.

Yeh! You also better talk to us about the fact that Six Nations owns the Haldimand Tract that you?re living on. It is under our jurisdiction. We do agree that you have jurisdiction over your settlers who are squatting on our land. We, the title holders, are still here. So, Judge, are your declaring war against us? Or are you going to be a good boy and talk with us peacefully?

You even mention that, ?It is possible to appeal the order or otherwise legally deal with it?. You know very well that it is treasonous for us to attorn to your foreign colonial court. There is a protocol and procedure we worked out a long time. We cannot deal directly with you. You have to contact the Governor General of Canada who will inform us of your concerns. Your order is a foreign invasion of our jurisdiction. We have every right to defend ourselves against your attacks according to our constitution and the rule of law.

As for this Crown and Queen supremacy stuff, we always knew it was a hoax enforced on us at gunpoint to steal our land and resources. Only Canadians were subjects of Britain. We were never conquered. We never became subjects of Britain and we never swore an oath of allegiance to become citizens of Canada. We are sovereign. We don?t share your medieval heritage. Your attempt to depose our Confederacy government and force the Indian Act band council system on us in 1924 violated international law then just as it does today. The “lawlessness” started right at the beginning when the Ontario government started giving out phony title to our land to the squatters.

We repossessed this one piece of our land at the end of February 2006. 95% of the Haldimand Tract has been stolen. We have been complaining about it for more than 200 years. It is still all ours according to your words in the Haldimand Proclamation of 1784.

Talks aimed at resolving the land theft have, at times, become violent against us. The state has sent skin heads, KKK and other paid instigators to come to the reclamation site and attack our people. Last night choppers were flying over the reclamation site and 60 to 70 Ontario Provincial Police cruisers were swarming around. It was a fine summer evening, so the KKKlanedonians paid us a visit. They arrived by the hundreds last night to attack us. They swore at us and threw rocks at us. Guess they had nothing better to do. Missing were their professionally printed ?Bring in the army? signs.

One of the Woman Title Holders said the ruling was “an act of aggression”. We intend to stay on our land. Why should we leave something that is ours just because the thieves have abandoned their phony claim? We have always protested these thefts of our lands right from the beginning. We cannot allow it to go on any longer. We want Canada, Ontario and local governments to obey their laws and agreements.

Judge, obviously you haven?t kept up on Supreme Court reasoning. Even through the Haida Nation case was decided two years ago, you still haven?t heard of it! You may not have read the Quebec Succession Reference either which was decided over a decade ago. In that case the Supreme Court specifically stated that, ?It is not the role of the judiciary to interpose its own views on the different negotiating parties, even where it is invited to do so.? You are overstepping the role of the court and you are not up on the law. Even David Peterson, the former premier of Ontario, who was negotiating, called your ruling a ?little bizarre?.

Judge, the Women Title Holders asked you to cease and desist issuing ultra vires orders, invading Rotinoshonnion:we/Iroquois jurisdiction, trespassing on Haldimand Tract land and refusing to recognize that both Canada and Ontario have been given notice of your violations on numerous occasions in the past. So, Judge, get real!

Kahentinetha Horn, MNN Mohawk Nation News ? kahentinetha2@yahoo.com ? see daily updates on Mohawk issues at www.mohawknationnews.com

Thanks to our brothers, sisters, friends and allies who have been standing with us. To continue to help us please contact at Six Nations thebasketcase@on.aibn.on

poster: Thahoketoteh

 

Reposession of outdoor education centre

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FURTHER OBJECTIONS:

Whereas:

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

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

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

Therefore:

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

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

By Kanion’ke:haka Women Title Holders

Katenies /s/ __________________________

Kahentinetha /s/ _____________________________

Iagotalona /s/ ____________________________

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

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

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

poster: Thahoketoteh

 

New York Objection

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This objection is being sent out again with additional information because these corporate pirates continue to rob Indigenous people. They have just hired a sell-out “Indian” Assistant District Attorney [Peter J. Herne] to do their dirty work for them. They will help the outsiders with investigations, arrests and seizures of Indigenous people and property. At the same time they are soliciting funds to start a Native Homeland Border Patrol to point out the “targeted” Indigenous people and to bust into indigenous people’s homes for whatever!FROM: Women Title Holders of the Kanion’ke:haka Nation, also known as the Mohawk of the Six Nations Iroquois Confederacy on Turtle Island. According to Wampum 44 of our law, the Kaianereh’ko:wa/Great Law, the Women Title Holders are the “progenitors of the soil” and Caretakers of the land, water and air of Turtle Island. We object to our constitutional jurisdiction in our land being violated. We are informing the violators that they are committing genocide by usurping our land, resources, jurisdiction and identity. The U.S., New York State other non-Indgineous multinational corporate entities [such as the United Nations] are fraudulently using our unsurrendered land as collateral for borrowing money on the world market.

OBJECTIONS:

I. TO THE CONTINUED FRAUD TO USURP KANION’KE:HAKA JURISDICTION OVER TERRITORY KNOWN AS ?NEW YORK STATE? AND BEYOND BY THE U.S., N.Y.S., NON-INDIGENOUS ENTITIES, CORPORATIONS, FOREIGN FEDERAL, STATE, COUNTY, BOARDS, STATE TRIBAL “GOVERNANCE” AGENCIES AND ALL OTHER “OUTSIDERS”.

II. TO THE FRAUDULENT SCAM TO PLACE KANION’KE:HAKA TERRITORY PRESENTLY REFERRED TO AS “NEW YORK STATE” INTO FEDERAL TRUST BY THE BUREAU OF INDIAN AFFAIRS.

TO: New York State; United States; Canada; Her Majesty, Queen Elizabeth II; Governor General of Canada; United Nations; Governor George Pataki of New York State; Ontario and Quebec provinces; New York State Senate; New York State Legislature; President of United States; Royal Bank of Scotland, Bank of New York; St. Regis Mohawk Tribe Inc. officials [Jim Ransom, Barbara Lazore and Lorraine White] who constantly help New York State and all its corporations to undermine the entire Kanion’ke:haka Nation. These greedy people conduct illicit businesses for their own personal interests by using our Indigenous sovereignty and at the same time to knowingly undermine our people today and into the future. We also inform all stock exchanges throughout the world that we Indigenous nations still own outright all the land and resources of Turtle Island. These corporations are violating our constitutional jurisdiction. They cannot be legally listed to solicit public funds for developments on Indigenous land they will never own.

DATE: June 30, 2006

WHEREAS our traditional people of the Kanon’ses:neh have officially warned the St. Regis Mohawk Tribe Inc. and the Mohawk Council of Akwesasne that all land, commerce and Kanion’ke:haka Nation issues are the responsibility of the People and not that of outside corporations such as theirs;

WHEREAS the Charter of the United Nations requires respect for the principles of equality and self-determination of peoples, that coercion and threats of violence cannot be used to resolve international differences and that disagreements must be resolved by peaceful means according to justice and international law;

WHEREAS the United States and Canada support the internationally recognized standards for respecting the political rights of the People as set out in the “International Covenant on Civil and Political Rights” and other international legal instruments;

WHEREAS General Assembly Resolution 1541 (XV) requires the informed consent of a people before they are included in another state; and the International Court of Justice affirmed this Resolution in the Western Sahara case;

WHEREAS the courts of other colonial states like the Supreme Court of Australia in Mabo have formally repudiated past colonial reasoning and practices;

WHEREAS the United Nations Committee for the Elimination of Racial Discrimination found on March 6, 2006 that the United States was denying the Western Shoshone people “their rights to own, develop, control and use their land and resources”; warning the U.S. to respect the Convention; and to “freeze”, “desist” and “stop” their actions immediately and to abide by the Committee’s “Early Warning and Urgent Action Procedure”;

WHEREAS international law is committed to affirming the equal and inalienable rights of all peoples and rejecting colonial encroachment on other peoples including Indigenous nations;

WHEREAS both the U.S. and Canada must abide by the international law principle that there can be no development on Indigenous land without consulting and getting the consent of the Title Holders; ignoring the true Indigenous people is now universally recognized as being illegal; Indigenous people must be consulted; and our perspectives on the issues cannot be ignored;

OBJECTION #I: The invasion of Indigenous territory by the U.S., New York State, their counties and affiliates and their outside entities such as the NYS incorporated tribal councils who are presently attempting to usurp the Kanion’ke:haka territory referred to as “New York State”. We demand that you cease and desist immediately your plans to make claims to our lands and to otherwise invade and exploit our territory.

-and-

OBJECTION #II: The illegal and fraudulent attempt by the Bureau of Indian Affairs, with the help of New York State, their corporate affiliates and tribal councils to place our unsurrendered sovereign Roti’noshon:ni land into federal trust for whatever reason. We demand that you cease and desist your scam to put any of our lands into trust, including lands known as “Monticello”, “Sullivan County”, “Oneida” and “Seneca” homelands or any lands to build casinos on. We, the Women Title Holders of the land, did not give you our permission. You are not constitutionally recognized, nor do we recognize you as someone to deal with. According to the U.S. Constitution you can only deal with us through the President of the United States. The failure in 2005 of New York State to fraudulently claim our land means that the federal and state governments and the Bureau of Indian Affairs cannot interfere with our title or our affairs in anyway, shape or form. “Federal Indian law” is a treasonous violation of the nation-to-nation relationship worked out between our constitution, the Kaianereh’ko:wa, and the U.S. Constitution.

1.We, the Kanion’ke:haka, have valid relations of equality between our people and the colonial state based on the Two Row Wampum and the Covenant Chain which requires mutual respect and cooperation in accord with both ancient and modern principles of international law. Our talks must be nation-to-nation.

2.Our Six Nations Confederation is founded on relations of equality and mutual respect as affirmed by our constitution, the Kaianereh’ko:wa, our Great Law of Peace.

3.The fraud was started by the federal government setting up illegal “tribal” councils which are municipal level entities controlled by the federal government. St. Regis, Cayuga, Oneida, Onondaga and out-of-state tribes were encouraged to start land claims cases against New York State. At the same time they worked out a “settlement” to extinguish sovereign Indian title in exchange for casinos. The tribal and band councils agreed to give up our Roti’noshonnon:we land, which is most of New York State.

4. When we learned of this fraud, we filed a “constitutional jurisdiction question” in the St. Regis v. New York State case. We asked a question that the colonizers don’t want to answer.

How did federal and state government entities get jurisdiction to try to steal unsurrendered land that is protected by the U.S. Constitution?

5. New York State courts refused to answer. We then filed the same question in the Sherill/Oneida and Onondaga cases.

6. In the St. Regis case, Judges McCurn and Lowe of the U.S. District Court dismissed our question. Then we appealed to the Second Circuit which also ignored the question. Then we appealed to the United States Supreme Court. We left a paper trail throughout the federal and state judiciary.

7. In Sherill, Judges McCurn and Lowe refused to see the constitutional question. The U.S. Supreme Court decision in “Oneida Indian Nation of New York Inc. v. the City of Sherill” does not mean that the federal government can now fraudulently eliminate Indian title or grab Indian land and place them into federal trust. Sherill wiped out federal Indian law. Only the constitution-to-constitution relationship remains. Tribal entities are illegal non-Indian corporations set up by the federal and state governments. They do not represent us, the constitutional people of our Nation. They serve the corrupt interests of the outsiders. The State of New York and beyond is Roti’noshon:ni land. There is no way to extinguish sovereign Indian title.

8. Empire Resorts Inc. on behalf of St. Regis Mohawk Tribe Inc. of Akwesasne merged with New York State in order to build a casino at Monticello Raceway. Empire borrowed from the Bank of Scotland. In a November 14, 2005, report (#20549) to the United States Securities and Exchange Commission, Washington DC, for the quarterly period ending September 30, 2005, Empire Resorts Inc. agreed to borrow $10 million from the Bank of Scotland. This is to be paid back in two years. SRMT agreed to put up the “Monticello Raceway” property with the help of the Bureau of Indian Affairs BIA who would put it into trust. SRMT put up the assets of the Mohawk Nation without our knowledge and consent. All our current and any future subsidiaries were put up by SRMT to guarantee this loan. The Bank of Scotland was allowed to charge a prime interest rate of 2% or LIBOR plus 4%. The Bank of Scotland also entered into an Inter-creditor Agreement with The Bank of New York, which was given a right to seize the assets of the Mohawk Nation. The Bank of Scotland will have first priority on our property even though it issued security documents worth $65 million on July 26, 2004, which will not be touched. This fraud was approved by all those involved in the scam, including Philip Hogen, Chairman of the National Indian Gaming Commission, and George Skibine, the BIA’s Acting Deputy Assistant Secretary for Economic Development and Policy. They are working on transferring 29 acres of our land at Monticello Raceway into Mohawk “trust”. The Title Holders, the Mohawks of Akwesasne, were not consulted and do not know of this deal to compromise everything we own. Some of the officials involved in this scam were also involved in the “Enron” scandal which wiped out millions of ordinary investors. The Women Title Holders have already reported this fraud to the Securities Exchange Commission on June 20th 2006.

9. Our case involves genocide! the deliberate attempt to destroy a people.

10. Federal Indian law is an illegal extinguishment device to get rid of Indian constitutional jurisdiction, which is timeless. There must be a consensual treaty according to the Kaianereh’ko:wa. The U.S. Constitution specifies a treaty can only be made with the U.S. President. This never happened. According to our law, our land cannot be sold. All the colonial invented weapons such as “laches”, “Doctrine of Discovery”, “Manifest Destiny” and “Federal Indian law” are hoaxes enforced on us at gunpoint.

11. The rule of law is the antidote to genocide. It has been suspended while the indigenous people are being victimized.

12. The proposed claim to our land being reintroduced by NYS Governor George Pataki and the New York State Legislature is fraudulent. It violates our customs, practices and occupational rights. Modern international law seeks to protect small peoples from incursions by aggressive states who use military and economic force to impose their culture and ways on others. According to the U.S. Constitution no state can simply appropriate our land, resources and sovereignty (Western Sahara case). Our constitution, the supreme law of the land, does not provide a means for us to sell our land.

13. Any American or foreigner wishing to enter our territory for any reason must deal with us through the President of the United States. No individual or foreign entity can invite outsiders onto our territory.

14. We are once again registering our objection to this illegal assumption of jurisdiction by United States, New York State and St. Regis Mohawk Tribe. We are attaching No. 05-165: 2005. In The Supreme Court of the United States In re Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh, Non-party, Petitioner/Movant/Appellant, The Canadian St. Regis Band of Mohawk Indians, Plaintiffs, Respondents, v. The State of New York, Defendants, Respondents. Petition for Writs of Certiorari and Quo Warranto with Prohibition and Mandamus in Aid to Prevent Genocide. Rules 17.1 and 20.1; In the Supreme Court of Canada re Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh v. Attorney General of Canada and Her Majesty the Queen in Right of Ontario, Court File: 05-CV-030785.

FOR THE ABOVE REASONS WE REQUIRE CORPORATE NEW YORK STATE TO IMMEDIATELY:

1.Cease and desist usurping jurisdiction over our indigenous ter­ritory now called “New York State” and beyond;

2.Stop this fraudulent secret transfer of land into federal trust;

3.Undertake a transparent investigation into the questionable involvement of the Bank of Scotland and Bank of New York in Empire Resorts and St. Regis Mohawk Tribe’s illegal casino project in Monticello Raceway;

4.End its strong arm gangland style taxation of our labor and products which, plain and simple, is armed robbery;

5.Demand that stock exchanges worldwide stop listing and investigate these fraudulent corporations that solicit funds from the public on unceded Indigenous lands;

6.Conduct relations with us on a nation-to-nation basis.

7.Abide by the many international covenants that United States and Canada have pledged to uphold;

8.Finally, we demand to be officially informed of how international, federal, state and provincial entities can violate international law and the rule of law by forcing colonial jurisdiction over Indigenous territory that we never surrendered.

By Kanion’ke:haka Women Title Holders

Kahentinetha, Bear Clan /s/___________________

Katenies, Bear Clan /s/_______________________

Contact: P.O. Box 418, Akwesasne Kanion’ke:haka (New York) 13655 Akwesasne 1-613-575-1550

Att: Two court documents

Sent to:

New York State; United States; Canada; Her Majesty, Queen Elizabeth II; Governor General of Canada; United Nations; Governor George Pataki of New York State; New York State Senate; New York State Legislature; President of United States; Department of Justice Canada; U.S. Department of Justice; U.S. Attorney General; Department of Interior;

Stock Exchanges Toronto, Montreal, New York, London. Tokyo, Hong Kong and Zurich; European Union;

St. Regis Mohawk Tribe Inc., Barbara Lazore, Lorraine White, Jim Ransom.

Bureau of Indian Affairs officials, Oneida Indian Nation of New York Inc., Stockbridge Band of Mohicans, Oneida of the Thames, Seneca Indian Nation, New York Cayuga Nation, Department of Interior; Glen Feldman, Daniel French, William Dorr, Securities Exchange Commission, Monticello Management Inc., Empire Resorts Inc., Royal Bank of Scotland, Bank of New York, Group PLC, British Government, Abramhoff Investigations, European Union;

Posted by: MNN Mohawk Nation News: Notice: MNN is upgrading their technologies to provide you with additional services. Please go to http://www.mohawknationnews.com to subscribe to our email news. You can also subscribed to our news through RSS feeds. Visit our website for further information.

poster: Thahoketoteh

 

“The answer my friend is blowin in the Wind”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Kahentinetha Horn
MNN Mohawk Nation News

poster: Thahoketoteh

 

A Question of Jurisdiction

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The following is a letter send to Brian Haggith of the Ontario Provincial Police by Patrick Ellis, Saulteaux of Arborg [Manitoba]. It outlines two crucial issues. The question of jurisdiction which we never gave to the settlers over our land or over us. The other is the issue of Indian Title. Let us know what you think this means. It hits the issues of our constitutional jurisdiction over Turtle Island which no Indigenous people ever gave up. That the Indian Act is illegal. That Crown land is a hoax. Kahentinetha Horn, MNN
I thought I would drop you a note in the hopes of humping up your position against the hooples …

first of all, whatever Mr. J. Brant [Joseph Brant] and George the third conjured up then, doesn’t work today. … Brant was a Captain in the British Army, 33rd degree freemason and a traitor (see Joseph Brant :Man of Two Worlds).  George the Third owned no land when he and Captain Brant conspired to “give Indian land to Indians” … The haldimand treaty is bogus due to the fact that there would have had to have been amendments to the Royal Proclamation and there have been no such amendments and not even since 1776 or the first bankruptcy of 1789 down south …

The Charter does not apply to “Indians” but contains evidence that the powers-that-be know what their responsibilities are because they mention the Royal Proclamation …. Six Nations is right, square in the middle of Indian Territory, recognized as being such since 1763 and without benefit of any amendments thereto since that time …

I had sent Brian Haggith a three page letter outlining the facts of the ascertation of rights by the six nations….

If you would like the two maps send me your fax number and I would be happy to send them to you … if you wish to speak with me my number is on the Haggith letter …

Megwich

[Patrick Ellis]

CHALLENGING JURISDICTION:

In any action, both parties must give their clear and unequivocal consent to be without a Jury. Without that consent, the Court has no Jurisdiction to proceed summarily and the Jurisdiction of the Court must be challenged. This Challenge can only be judged by a Special Jury. Should a Judge or Magistrate disregard or dismiss this Challenge, then he or she is liable to imprisonment for 5 years. Should a Judge or Magistrate disregard or dismiss this Challenge, that is a violation of Due Process and the Rule of Law.

Due Process is a course of legal proceedings according to rules and principles that have been established in a system for jurisprudence for the enforcement and protection of private rights. Due Process derives from early English Common Law. The first concrete expression of the Due Process idea embraced by Anglo-American law appeared in the 39th Article of Magna Carta 1215. (Encyc. Brit.)

The Rule of Law is the supremacy of law and embodies three concepts: the absolute predominance of regular law, so that the government has no arbitrary authority over the citizen; the equal subjection of all (including officials) to the ordinary courts; and the fact that the citizen’s personal freedoms are formulated and protected by the ordinary law. (Oxford Ref. Dictionary of Law).

Challenges to the Jurisdiction of the Court are for (i) “Subject Matter” (ie: the power to deal with the matter to be tried); (ii) “Relationship” (ie: the power to deal with the Defendant); and (iii) “Competence” (ie: the power of the Court to act pursuant to the Laws of the State). (Britannica)

“Once jurisdiction is challenged, it must be proven.” (Jagens v. Lavine, 415 S.Ct.768). “Jurisdiction can be challenged at any time, even on final determination.” (Basso v. Utah Power & Light Co., 495 2nd 906 at 910). “Where there is an absence of jurisdiction, all administrative and judicial proceedings are a nullity and confer no right, offer no protection, and afford no justification, and may be rejected upon direct collateral attack.” (Thompson v. Tolmie, 2 Pet. 157, 7 L.Ed. 382; Griffith v. Frazier, 8 Cr. 9, 3L. Ed. 471).

– Compiled by John Wilson, http://www.rightsandwrong.com.au.

BY FAX

May 29th., 2006

TO: Brian Haggith
Inspector
Ontario Provincial Police
Cayuga Detachment
Cayuga, Ontario
n0a 1e0

AND TO: All Members of the Ontario Provincial Police

Via

Cayuga Detachment

Reference: Indian Title

Dear Brian;

In order for you to best understand what you are up against with respects to the Caledonia protests I feel compelled to write you in order that any misunderstandings may be avoided as well to enlighten you on some points of law that you may not be aware of.

First of all, I must say that those falling under the Police Act of Ontario, including those masquerading as “Indian Police” officers viz First Nations Police, subscribe to one of two oaths. One oath is to the “constitution” of CANADA, the other, to the QUEEN. In subscribing to an oath to the “constitution” of CANADA officers have pledged allegiance/alignment to a corporation. There is no “Canadian” constitution and there cannot be a constitution until such time as all Indians are murdered off and the people participate in the “constitutional” process. Pledging alignment to the QUEEN is also pledging allegiance to another corporation (sole).

In pledging allegiance to the QUEEN and opposing the Indians is the prohibited act of High Treason. To undertake allegiance to the corporation of CANADA would, in my view, constitute an undeclared act of war against the Indians, Turtle Islanders and Elizabeth Windsor.

Next up are the demarcation zones defining Indian Territory and lands that have been ceded, surrendered or Treatied. The zones appear on the attached map of Royal Proclamation 1763 territories. You can find reference to the Royal Proclamation within section 25(a) of your Charter of Rights and Freedoms 1982. Also, you may see another map, post 1923, athttp://anishinabe.org. The post 1923 map shows the so-called treaties post 1763 and they are problematic for the following reasons;

1. “Canada” is a corporation, a trustee, and not a sovereign entity therefore, incapable of entering into bona fide Treaties.

2. Parties to the first part signed for the second part. This violates the Statute of Frauds.

3. If the so-called Treaties were valid then the Royal Proclamation 1763 would have to be amended and there have been no such amendments since 1763 and certainly not consequent to the so-called American Revolution of 1776 or the first bankruptcy of 1789 when Congress was invented to deal with the bankruptcy. When you purchased your house did the lawyer advise you title was “free and clear” or that title was the subject of a lien, Indian Title?

If you happen to peruse the website you will also find my application of petition for writ of mandamus as against Michael Horgan, deputy minister of INAC. The questions posed to him ought to shed substantial light on what really going on. For example, the Royal Proclamation 1763 provides that the Indians are under the protection of the monarch. Can you tell me what part of the Criminal(‘s) Code of Canada provides for “Crimes Committed Against Indians”? Do you see my point? Perhaps it might not be a bad idea to seek an interlocutory injunction against the Legislature, on the subdivision, until such time as the mandamus has been dealt with.

You will also note the areas referred to as “Ruperts Land”. Rupert owned no land and the Treaties within that three million square mile area were between the Indians and the Hudson’s Bay Co’y. Even though the Hudson’s Bay Co’y surrendered its charter in 1870 there were no releases entered into between the Indians and the Hudson’s Bay Co’y at or prior to the surrender therefore, the Hudson’s Bay Co’y is still on the hook with the Indians to this very day.

Following this I wish to draw to your attention to the second attachment. This is the Royal Instructions by Victoria Saxe-Coburg-Gotha concerning Canada in 1867. As you will note, there was no confederation, there was no constitution what there was, was a consolidation of the three Provinces into four (?). Victoria authorized a consolidation and the only thing that was consolidated was the Indian Fund with the Consolidated Revenue Fund undertaken in order to cheat the Indians out of their royalties and to pay off the fictitious bank loans created for useless railways. After the consolidation Act of 1867 the House of Commons and House of Lords U. K. go on to debate the Canada Railway Loan Bill.

The Indians have contracts with several nations and those contracts were consolidated into the hands of George the Third in 1763. Again, there were no releases entered into between the Indians and the other nations nor did the Indians agree that George the Third was allowed to consolidate all Treaties into his hands. The Indians had nothing to do with the Royal Proclamation 1763. The Royal Proclamation is not the Indian’s “constitution” as it did not come to pass through any Indian surrender or capitulation.

Moving along, I do not know if you are aware of this or not but there appears to have been some sort of conspiracy between George the Third and Canadian Joseph Brant to set up a shell game with the Six Nations. It is unclear to me how “free”mason George the Third could give Indian Land to “free”mason Joseph Brant for the Six Nations Reserve. Again, referring to the attached map, Brantford is deep within Indian Territory.

The system of the elected chiefs in council at the Six Nations Reserve came to pass in 1952 when Louis St. Laurant forced his Indian Act on the Six Nations using armed force. The current elected system is in opposition to Indian Customs and Traditions therefore unlawful. The elected chiefs are “Canadian” and are not working for the best interests of the Indians as a whole. This is one of the areas you may be experiencing problems with.

Speaking frankly, I do not know what bullshit the likes of Murray D. Segal and General Michael Bryant are feeding, or have fed, members of the Ontario Provincial Police and in particular the late officer Deanes, but if I were a member of the Ontario Provincial Police I would be suing all those who had anything to do with Officer Deanes being fed lies for the murder of Dudley George and the crap Deanes had to endure consequent to those lies.

It is my hope that this letter sheds light on the reality of Indians and it is hoped that another Deanes/George tragedy can be avoided. It can be safe to say that the politicians do not serve the interests of the Indians or those, like you I presume, who are not Indian but are born on Turtle Island. To be born here and to work against the Indians and the Turtle Islanders for a foreign jurisdiction renders those traitors. The problems can be traced back to the banking/currency fraud and the monetary system which is the slavery.

It would appear that members ought to be pledging allegiance to either the Indians or to Elizabeth Windsor and not to corporations. Should you require further information please feel free to contact me. Should you wish my assistance in this matter I would be more than willing to assist the Ontario Provincial Police and the Six Nations. Should you require copies of the documents I rely and to present them to you and your brothers and sisters of the Ontario Provincial Police as proof of my position I would be more than happy to oblige at the nominal cost of copying, shipping and handling. A key document is; Indian Claims/Robinson Treaties, transcripts of proceedings, Exchequer Court, Ottawa, 1894, 509 pages. Although I was unable to attend the George enquiry I did furnish the Chair with a copy of those transcripts as well my five page notes from the document. What I have briefed you on David Ramsay is aware of. The land issue is squarely in the hands of Ottawa per s. 91.24 of the 1867 Act and cannot be delegated to the Provinces.

In closing, I strongly urge you and other members of the Ontario Provincial Police to undertake your own research on the aforementioned facts as lawyers for the Police are definitely not looking out for your best interests. The lawyers in Ontario work, directly or indirectly, for the Inner Temple within the country of London, or Londinium (please refer to ch. 11 Magna Carta 1215)

Thank you for your attention to this matter and I remain,

Yours truly,

Patrick Ellis

Saulteaux

(Mus Ka Say A Na Nee)

Administrator

Anishinabe Nations of Turtle Island

P. O. Box 608

Arborg, Manitoba

r0c 0a0

Ph: 204-364-2213

Fx: N/A

Email: turtleislandlien@hotmail.com

poster: Thahoketoteh

all news

 

Canadian Principles?

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The U.S. ATF has been here since April 2nd. There continues to be a police buildup.One of the paradoxes is that our Indigenous government and the Canadian government are supposedly founded on the same principles, that of human equality and mutual respect. Our way of understanding this is radically different. In our society everybody has always been equal. No one can make laws or impose laws or decisions on anyone else. Our laws are developed through consensual processes. We don’t have a head of state who makes decision for us or who orders us around. We have representatives who speaks on our behalf and only the decisions the people make. They are the go-betweens of our people and outsider that we have to deal with.

Canadian legality is totally different. It came to North America under Royal Charters by which the King of England authorized the theft of native land and the murder of native people. It has gradually tried to become more civilized. In the early 1800’s the colonists achieved what they called “representative government”. Instead of laws being made by England’s Parliament, where no Canadians could vote, they had laws made by representatives of rich Canadian men. The king in far-off England could still overturn their laws. Later they achieved what they call “responsible govenment”. The king could not overturn their laws anymore. They were still made only by rich men. In the early 20th Century they finally dared to experiment with the principle of human equality. After World War I the vote was extended to women and to all men over 21 who were “British subjects”.

Indigenous people were specifically excluded from the definition of a “person” in Canadian law until 1960. Canadians could not deal with the idea that personhood and voting rights should not be limited on a racial basis. In 1982 Canadians “brought home” their constitution. Canadians still don’t understand that “consent” is basic to the principle of equality. They think that by giving the vote to the Indigenous people, they have turned Indigenous people into Canadians. Not so! We never agreed to live under their laws. We have our own constitution. We never agreed to let them take all our land and resources and kill us. We never agreed that they could push us around and steal our children.

Canada’s recent so-called “magnanimity” hits us the same way a woman who has been abducted and raped would feel. It’s as if her abuser suddenly starts talking sweet to her while he keeps her tied up in the basement. The claim that Canada has “responsible government” sounds strange to us. Canada has never taken responsiblity for what it did to us. We have tried to sit down and discuss matters with Canadian officials on a lawful nation-to-nation basis. Even their documents, recorded by their colonial officials, supports us. Canada continues to refuses to talk to us on the basis of their own historical records. They keep pretending that we are in a good partnership, even as they keep their guns pointed at our heads.

Canada just can’t seem to bring itself to behaving in an honest, consistent and transparent way. Canada still runs things based on the ability to command, bully and scare people into submission. Look at Stephen Harper! He’s planning to hire 1000 new RCMP and build more jails!

poster: Kahentinetha Horn

 

JUDGE WANTS “QUICKIE” SOLUTION:TO 200 YEAR OLD SIX NATIONS LAND ISSUE!

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02.06.2006 18:19:00
JUDGE WANTS “QUICKIE” SOLUTION
TO 200 YEAR OLD SIX NATIONS LAND ISSUE!

MNN. June 2, 2006. Yesterday Six Nations Caledonia was invaded. Everything came out of the military toy cupboard: choppers, paddy wagons, extra Ontario Provincial Police, four wheelers, ambulances and vans. Everywhere people turned there was no relief. When we looked up to the sky, looked to our right or left, we worried whether it was safe to get the groceries or send our kids to school. Everybody was on alert – and apprehensive. Why was this happening? According to the police, this “uber presence” was to keep a “garage sale” in Caledonia from blowing up into a “riot”. Have you ever seen this kind of attention paid to a garage sale before? What were they selling? Surplus pepper spray, baseball bats, cherry bombs, M-80’s ?? Does anyone want a used tank to plant geraniums in?

Is this where the van load of arms like the ones they sent to Kanehsatake on January 12, 2004 ended up? Harper keeps saying he’s is going to build more jails and get more police. Obviously their weaponry will have to be updated and they have to get rid of the old ones. If the aim of this operation was crowd control, why were the cops hiding behind buildings and in the woods so heavily armed? The situation was so weird that Indigenous people all across Canada were on the alert. That’s not the only strange thing that happened yesterday.

Judge David Marshall held court in Cayuga County. He was going to demand that the OPP serve the warrants that he issued way back in March to kick John Doe, John Doe, (times 17) Jane Doe and Jane Doe (times 17) off our land. These improperly filled warrants are illegal in their law. He was appointing himself as judge, jury and executioner by trying to convict unnamed people for unnamed crimes – because they had not done anything yet and may not even be there. This was the twilight zone. Getting back to reality, we have reclaimed our land since February 28th. As we don’t have a big police force at our disposal, we have had to sit there permanently in occupation to stop squatters from taking over.

In a fit of megalomania, Marshall gave everybody who attended his hearing two weeks to get their act together. He sent out a judicial order to the Minister of Indian Affairs, Jim Prentice, and the Attorney General of Canada to get involved in the case, which so far they say they have nothing to do with.

Everyone, except the Six Nations People, showed up to watch the circus in court. They babbled all kinds of suggestions on how to resolve what he called a “conflict”. There is no conflict. It’s clear! We own the land! Lawyers for Henco Industries, the construction company, and the town of Hagersville, wanted immediate police action so they can go ahead with their illegal developments on Six Nations land. They still think there is a market out there for stolen property. Dream on! They should start following the law. Henco is barking up the wrong tree. Their problem is with the Ontario government, not with us.

The OPP said they did take action on the injunction by attacking the Six Nations People at the site on the morning of April 20th 2006. That’s what they call their illegal uncalled for attack. They said, “Now it is up to the politicians”. Congratulations! This is one time we agree with the OPP. It should be resolved by legal and political means and not by armed force. The band council was there as part of the colonial federal government apparatus that works with the court. They were speaking on their own behalf. Keep in mind that the vast majority of Six Nations People have always boycotted the illegal band council elections in protest over Canada’s illegal attempt to depose the Confederacy Council in 1924. In most Mohawk communities historically only 3% of the eligible voters have ever voted in these puppet government elections.

The only problem with this scenario is that the court represents one of the parties to the dispute. Because of this it cannot be impartial. Also the sovereign Six Nations people refuse to enter the foreign Ontario court. Judge Marshall even acknowledged that he could not force the Confederacy Chiefs, who are dealing with the land issue, to come into his court because it has no jurisdiction over them [or us]. All the parties in court are all on one side, the one in opposition to the Six Nations People. What we really need is an international mediator who is impartial and acceptable to both sides. We can put out our documents and Canada can put out theirs. We already know where the chips are going to fall. That’s why Canada doesn’t want a public display of their empty table.

What a back slapping party that must have been at court yesterday! Marshall must have done a little bit of research. Six Nations sovereignty was well accepted at the turn of the century. Canada and Ontario have no jurisdiction over us and our land. Talks with us will have to be conducted on a nation-to-nation basis. He should do more research and take himself off the case. He’s in a conflict of interest because he has some of that stolen Six Nations land on the Haldimand Tract.

Judge Marshall said, “It is indeed (the federal government’s) constitutional responsibility and, right now, they’re shirking their responsibility.” Actually, the remedy is for us to assert our legitimate constitutional jurisdiction over our land and our people. Simple!

Marshall’s decision came after daylong submissions from provincial police, the provincial attorney general’s office, Indigenous people, and railway, developer and community representatives on how the court should handle the occupation. This is much ado about nothing. The issue they should be looking at is the Ontario government?s involvement in issuing unfounded certificates of title to our land. We are on our land and we are staying. Can you handle that? Just get used to it.

David Marshall went on, “Hopefully, within 14 days, we’ll have an agreement with the (provincial) government… to purchase the subdivision (from us) at fair market value… and we’re not going to have to be back here again.” Eek! This is stolen land that belongs to us! The provincial government can’t buy it when it’s not for sale? And we cannot sell it according to our law. Henco wants to sell our land to Ontario who will turn it over to us. Forget that step. It’s already ours!

The day before, on Wednesday, May 31st, the Six Nations People set up an information picket at the Brantford Casino. Oh! Oh! Another worry! We wanted to show that our fight is more than a housing development occupation. The Casino was built on land we never sold or gave up. We protested right at the start. It is part of our whole Haldimand Tract of almost 1 million acres. Gamblers, don’t cry! We’re sure you’ll keep on coming because you don’t really care who owns the casino, do you?

Ontario is worried this will turn into Caledonia “Two”. What are you talking about? This is Six Nations “One”!

In the meantime Buck Sloat, a Haldimand County councilor, said on CTV: “They need to bring in the necessary authorities to end this dispute immediately. Whether they bring the provincial OPP or the army, this needs to be ended immediately”. Is he taking over from Caledonia’s closed mind-open mouthpiece, Mayor Marie Trainor? They probably put her on vacation again. Is that all the high priced Toronto public relations spin doctors can dream up for their bird-brained politicians to say?

Think of all the employment we’ve created: the PR, the cops raking in overtime, the judges, the legal advisors, the corporate media, the consultants working to keep the true story out of the press slinking around in the background, and the expansion of the jail industry. Harper has already announced another 1000 RCMP who are probably going to sit around keeping an eye on us and listening to our phone calls. Or are they going to farm that out to a call center in India? This seems to be getting out of hand. Before we know it, policing and surveillance of Indians will be an industry bigger than General Motor, if it isn’t already since GM has lost out to Japanese cars.

We think they should say things like, “We just love how all those Six Nations people are so restrained even though we are spending millions of dollars trying to provoke into a fight so we can put them in jail and shut them up for another couple of generations”.

This all goes back to Duncan Campbell Scotts’ plan to let the settlers move onto our lands and, after two or three generations, the Indian problem will be gone. No way, Jose!

Kahentinetha Horn http://www.mohawknationnews.com

poster: Thahoketoteh
 

 

TO THE ARMED FORCES STANDING BY AT SIX NATIONS

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TO THE ARMED FORCES STANDING BY AT SIX NATIONS
MNN, June 1, 2006 Have you consulted your legal counsel on the latest Supreme Court rulings? It is crucial that you do so. The Supreme Court of Canada has clearly stated that Aboriginal issues must be resolved by negotiation. You have no legal authority for making an armed attack on the Six Nations who are on our territory. We have selected a few of the recent decisions that support the Six Nations position and set out the format that is to be followed for the “consultation” and “accommodation” that is supposed to take place when Indigenous land title is at issue. Why don’t you send this to your legal department and they can confirm to you that your plan to attack Six Nations people is illegal.

Haida Nation of British Columbia (Minister of Forestry) [2004] 3 S.C.R. 511. “There is a legal duty to consult and accommodate when there is a dispute over title to land”. It is a government-to-government negotiation.

R. v. Badger [1996] 1 S.C.R. 771 at paragraph 41 at 2 S.C. Judgments. “It is always assumed that the Crown intends to fulfill its promises”. The OPP stance is violating this. There is a buildup of cops. It looks like someone acting on behalf of Canada is planning to violate the law that land issues are supposed to be conducted on a government-to-government basis.

Justice McLaughlin says, “Injunctions are not the best way to go in a land title dispute. There is a duty to negotiate and to accommodate”. The Six Nations has been “talking”. We have been accommodating. We opened a road. There is traffic flowing through our land. Now Ontario and Canada have decided not to keep their promises.

Canada and Ontario may have forgotten that the court is moving into a “decolonization” direction. Is only the top level of the court aware of this? The lessons have not sunk in yet at the lower levels. They should go back to law school.

The Haldimand Proclamation is part of Britain’s fulfillment of their obligation to their allies, the Six Nations. There was an oral treaty between Six Nations and our British allies which cemented our alliance based on oral agreements. Haldimand is part of this agreement.

P. 26, Haida Nation. “Honorable” negotiations implies a legal duty to consult with Aboriginal claimants and concluding an honorable agreement reflecting the claimants’ inherent rights”.

“The Crown, acting honorable, cannot cavalierly run rough shod over Aboriginal interests where claims affecting those interests are being seriously violated in the process of treaty negotiation and proof”. It must respect that there is potential but yet unproven interests.

Where is the right coming from to attack us? It is old fashioned, archaic, colonial, violates domestic and international law. The Crown wants to pretend that our interests are unproven. They are very well proven. They cannot pretend they don’t have the legal duty to respect our interests. They have a legal duty to consult and accommodate us. Do the cops know what they are doing? Are you aware that if you violate us by running and trampling onto our territory, you will be violating recent Supreme Court decisions?

Haida paragraph 35: “But, when precisely, does the duty to consult arise? The foundation of the duty on the Crown’s honor and the goal of reconciliation suggests that the duty arises when the Crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates the title that might adversely affect it”. There’s no doubt that the Crown knows very well that we have rights and title and they have to respect it.

Perhaps some things were unclear in the past, but now there is no doubt. The proper way to solve Indigenous land claims is not to ignore us and not to use force. You are required to enter into meaningful negotiations. Our inherent rights are protected. If you try to invade us again like you did on April 20th 2006, you will eventually get yourself into a legal mess.

Kahentinetha Horn
MNN Mohawk Nation News
http://www.mohawknationnews.com

poster: Thahoketoteh

 

THE POWER AND THE PEACE IS IN THE PEOPLE

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THE POWER AND THE PEACE IS IN THE PEOPLEMNN. May 27th 2006. During the past 88 days of Six Nations activism to reclaim our land near Caledonia, we have received thousands of emails and calls from people all over the world. There were days when we just could not answer them. The support and ideas that we’ve received have been tremendously gratifying and helpful. We thank you all. Without this solidarity from natives and non-natives, the Ontario Provincial Police would have had their way. Blood would have been spilt. Never mind the return of our land, though we are still waiting on that one.

This solidarity that we are experiencing between natives and non-native people is a revival. The British promised to protect the Six Nations on the Haldimand Tract that our people are defending began with this solidarity. The Six Nations were allies of the British. It was this alliance that lead to the formation of modern Canada. Because of this alliance we were pushed out of the Mohawk Valley in what is now New York State where our people had lived since the beginning of time. The Mohawks were valiant allies of the British during the American Revolution. Mohawks have always been on the front line every time Britain needed defending – in the Battle of Queenston Heights 1812, in World I and World War II and other actions. The Haldimand Tract is on traditional Rotino’shon:ni/Iroquois territory. The tract was guaranteed to the Mohawks in 1784. The Six Nations have always been willing to put ourselves on the line for our Canadian allies. It is gratifying to see that the majority of people support this alliance and are willing to stand up for us.

Our tradition has been to work together. Unfortunately, the Canadian government, particularly Indian Affairs, was taken over by people who did not want us to work together. They wanted to be boss, kings of the castle. So they betrayed us and the Canadian people. Instead of treating us honorably like allies, they abused us. They stole our land, stole our resources and schemed to kill us off. They pretended that we were children who could not look after ourselves. They depleted our trust funds with illegal investments in flaky financial schemes run by their friends.

Instead of treating us like allies, they pretended that we were British subjects. You may wonder why we did not protest over our lack of rights in Canada. That’s because we aren’t Canadians. We were minding our own business. We organized everything on our territory and paid for it ourselves.

We thought the problem was just the people in Indian Affairs and that our relationship with the Queen remained on an honorable footing. We were wrong.

The original Haldimand promise was that there was to be no encroachment ever. In the end the Canadian government, not the Canadian people, was the source of our beef.

Ontario, and the rest of Canada for that matter, is intent on diminishing Indigenous land holdings not only on the Haldimand Tract but everywhere. It is being diminished through outright theft. The aim of not giving one inch of land back is not for the benefit of the people of Ontario. It’s to support the business interests that are intent on exploiting our resources with no regard to the environment or the present and future generations of the people who must live on it. It is the billionaires who really run the governments. Welcome to the pretend democracy of Canada.

We now assume stewardship over our illegally occupied lands. Until now we have invested a lot of resources into historical and legal research and actions for the last 200 years. Anytime the facts were put on the table Canadian officials were shown to have mismanaged Canada and mistreated Indigenous people. We’ve borne the brunt of it. It is over now! This rot also affects the Canadian people. They do not have a government that looks out for them and the future generations. That’s the heart of the problem.

What is government and what are their functions? Is it a vehicle that allows a few greedy individuals to live parasitic lives off the work and possessions of others? Or should government bring people together so that we can put our minds together, solve problems and make a better life for everyone? The basic rift is between our Indigenous philosophy coming from our constitution, the Kaianereh’ko:wa/Great Law, and the philosophy of the people running the government. We’ve learned in dealing with the Canadian government that the Canadian government does not represent the Canadian people.

We never lost jurisdiction over our ancestral lands. We’ve had a deep sense of betrayal and anger over our horrific historic experience with the colonizers. Would giving us back our illegally occupied land be ”too disruptive” to the parasites lodged in the Canadian government? Never mind that the government allowed and encouraged its own citizens to encroach on our land and gained private and institutional land titles in violation of the laws. They let Americans come up and take our land too! It’s all part of their 100 year plan to get rid of the “Indian problem” as described by that complete maniac, Duncan Campbell Scott of Indian Affairs. A lot of the early settlers on our land were Americans who had taken part in pushing us off our land in the Mohawk Valley. They came up here and liked what they saw here too and began squatting!

It’s also interesting that a large percentage of Canadians consider that we got robbed and that we deserve our territories free of colonial jurisdiction. In the Six Nations issue the public in Canada, the United States and worldwide have given us strong support. We hope, for the sake of Mother Earth, it is because many in Canada realize how important our philosophy of caring for the land is?

Unless, of course, we are in the way of corporate “progress”, that is, exploitation of our lands and resources by a few foreign based interests who operate through corporations. They operate with no obligations to anyone but themselves and no concern for the people, native and non-native. We are all just pawns in their schemes. The way to overcome all this is to assert our title to Turtle Island and to turn it back to its proper role as a “cornucopia” for the people.

Even though there is wide support for us, there is tremendous opposition by the corporate interests which function through the governmental quagmire. They put pressure on any of their institutions that could give us justice. These interests manage to brainwash and manipulate their “flag-waving” super nationalists to make a lot of noise in the media and to attack us. This is what happened at the “Bread and Cheese Fight” in Caledonia on May 22nd 2006 when government instigated rioters came and tried to attack us. But the general public isn’t buying it.

The main anti-Indian argument to stop Indigenous jurisdiction from being asserted is because they don’t want us to grow, expand and become independent. Why do they think that expanded Indigenous jurisdictions would be disruptive? Would it be a problem if Indian affairs would no longer be getting a cut? They’d have to take their feet off their desks and do a day’s work. Are they afraid that it would be environmentally and economically stimulating and rewarding not just for us but for everyone else?

We all need to take a unified approach, native and non-native. We are all being abused. We need to work together. But we need to be wary of those who try to shut us up in the name of unity. We need to respect our laws and adhere to the original arrangements that were made between us. Let us assert our jurisdiction. Don’t keep us mired in legalistic strategies which take up our time and money. We need to be free from the shackles of useless diversions.

Maybe what’s needed is a massive “Condolence Ceremony” in which we wipe our eyes with a soft leather so that we can see clearly and have a good look at the issues; then we need to take an eagle feather to clean out our ears so that we can hear each other; and then we need to drink a glass of water so that we can speak truthfully and as clearly as the purest water. Sometimes the solutions to difficult problems are simple. Sometimes all that’s needed is to show respect.

In the end, there’s no need to give us back the Henco Industries land. It’s ours already. It always was. All Ontario needs to do is to respect that. We need to assert the legal government-to-government relationship. We do have broad support from the public to do this. We must bring out the truth. We must stop Canada from continuing to live in sin? Grow up Canada! Colonialism is over! We’re never going back!

Kahentinetha Horn
MNN Mohawk Nation News

poster: Thahoketoteh

 

Dr. Phil?

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DEAR DR. PHIL: ARE INDIGENOUS PEOPLE IN AN “ABUSIVE RELATIONSHIP” WITH CANADA?

MNN. May 21, 2006. They say “love is blind”. When friends and relatives think your relationship is in trouble they start dropping you hints and sending you clippings from the newspaper. An alert Maliseet reporter sent this one our way. “Doesn’t this sound like Canada?”, she asked. Let’s take a look.

After all, according the Royal Commission on Aboriginal People, we are “partners in confederation”. Marriage is a partnership? So let’s see how this partnership stacks up. Canada did not ask for our hand in marriage. So it must be common law! We were never given an opportunity to accept or reject their colonial advances. They came, they saw and they moved right in. To use the legal terminology, Britain assumed “sovereignty over us and our lands”. We had one hell of a dowry, didn’t we?

Marriages often begin with a honeymoon. When was ours? Marriage often creeps up on people and then they find themselves trapped. People used to think marriages lasted forever. Now they say you should get out if it’s abusive.

How can you tell if you’re in an abusive relationship? Let’s look at the list so we can decide for ourselves. Is this marriage worth saving?

1. Does your spouse stop you from talking to or prevent you from seeing family or friends? Geez! Remember the law that said we couldn’t leave the reserve and we had to get passes from the Indian agent if we wanted to visit anyone? Does the way they listen in on our phone conversations today count? We can tell that a lot of our phones and our emails are bugged. Where do people talk in this constitutional marriage partnership? Is it in Parliament? We don’t have elected representatives there. In fact, we don’t want elected representatives in a “foreign” government. Are they sure we’re married?

2. Does your spouse embarrass you with bad names and put-downs? Omygawd! Wasn’t the Indian Act called the “act de sauvages” in French? Omygawd! Remember how the Indian Act defined a person as anyone but an “Indian” right up to 1952? Didn’t Indian Affairs call us “children” and “wards of the state”? They pretended we were not capable of conducting our own affairs. Didn’t Canadian textbooks and the media present us as childlike, primitive, dirty drunken demons whose ancestors were naked, war-painted braves and princesses, kemosabes, big chiefs, squaws, flesh eaters, torturers who attacked innocent pioneers, wasted resources, whooping wagon-circling warriors, who should have died out instead of becoming gutter drunks and gun toting drug and cigarette smugglers and peace disturbers who blocked roads and bridges and burned tires? In fact, doesn’t the Canadian government have a special department of the JTF2 which bragged that “smear campaigns are our specialty”?

3. Does your spouse look at you or act in ways that scare you? Well, as a matter of fact, yes. It is rather scary to have all those guns pointed at us every time we try to talk to them.

4. Does your spouse treat you roughly, grab you, shove you, push you? Well, as a matter of fact it does. If we stare at them long enough, they’ll jump us and beat us up. In fact, they have lots of torture toys, like the latest taser guns, pepper spray, M-16’s, rubber bullets and helicopters that hover over our houses that disturb our sleep. If we don’t do as we’re told, they get court injunctions and beat us up. This happens all the time. We get stopped by the cops for potential
driving infractions and disturbing the peace. The jails are full of Indigenous people. In fact, going to jail is part of growing up for the average Indigenous youth in Canada. Many are finally murdered there.

5. Does your spouse control what you do, who you see or talk to, or where you go? Do they stop you from seeing or talking to friends and family? As a matter of fact, Canada thinks it can decide who our friends and family are! Look at the Indian act! It was passed without our knowledge or consent. Canada and the US also stuck borders right in the middle of our territories. About four out of five times when I try to cross to visit friends and relatives, I am stopped, searched, detained, harassed and reported on. They never find anything and have to let me go. They’re harder on our younger kids who often find themselves arrested. At Akwesasne there are 19 different policing agencies patrolling the community.

6. Does your spouse prevent you from getting a job, take your money, make you ask for money or refuse to give you money? Yeah! Didn’t it all begin with the great land grab! This spouse thinks it owns ALL of our land and resources, and even us! They always called us “our Indians”. They think they “gave” us our reserve. They think “self-determination” isn’t an inherent human right. Just the other day the new Great White Father, Jim Prentice, gave a talk about ,”How much self-determination should we give the Indians”!!! We guess he hasn’t the UN human rights protocols that Canada has signed and pledged to uphold. They’ve tried to take away our essential humanity. They like to keep us on welfare so they can keep us under control. There are lots of jobs for their “house Indians’ like band councilors to help them do this. You can be sure you’re fired if you don’t tow their line. They do everything they can to stop us from developing economic independence. They claim the right to expropriate our land to develop our resources in a way that only benefits them.

7. Does your spouse make all the decisions? You bet! We aren’t allowed to make any decisions. In 1982 Canada’s new Constitution Act claimed to affirm “existing Aboriginal and treaty rights”. The Supreme Court of Canada interpreted this to mean that before 1982 it was legal for Canada to extinguish our rights if they showed a “clear and plain intent”. What? After 1982 the Supreme Court declared that Canada can only infringe our rights if it has “valid justification”. Valid to who?? Them, of course! That’s how you rob people. Our involvement in decision making of any kind seems to be completely irrelevant in Canada’s mind. Anytime we have tried to assert our rights, we’ve been attacked and Canada’s courts have shot us down. A good marriage is supposed to be based on equal partnership. Canada should deal with us on the legal nation-to-nation basis. In this “partnership” Canada is the only one that gets to be a “nation”. They have taken to calling us “first nations”. Don’t be fooled. It’s double faced sweet talk. They think they still have us on a short leash.

8. Does your spouse prevent you from leaving after a fight? Hey, aren’t they are on our land? Shouldn’t they leave? Look at what’s happening at Six Nations. We’ve seen it all before. They come and attack us. We defend ourselves. They shove us into their paddy wagons, ambulances and take us off to their hospitals, jails and sometimes the morgue. We are not free to go to our homes. We have to be on guard and protect each other all the time.

9. Does your spouse tell you you’re a bad mother or threaten to take away your children? Well, Canada’s official state policy qualifies as genocide. [read the UN Convention on the Prevention of Genocide]. Our children were routinely taken from us to be raised in an alien culture. First, our children were killed. Then the survivors were snatched from their parents and sent to residential schools. We call them “death camps”. There they were beaten, raped, abused, malnourished, exposed to diseases and subjected to medical experimentation. About half died. Then there were the “sixties scoop” and the “seventies sweep”. Whole Generations of our kids were kidnapped and given to “nice white families”. Some were nice. A lot were not.

10. Does your spouse Act like abuse is no big deal, it’s your fault, or even deny he did it? The whole nasty business began with the pretence that Canada was going to “civilize” and “protect” us. They focused on what’s wrong with us and our behavior. Instead of of setting up treatment for them, the abusers, Canada puts us in “healing circles” and all kinds of other therapies to try to “pacify” us as if we’re the ones with the problem. They don’t want to notice what they’re doing to us. We’ve been studied to death to justify their views on us so they can continue to hold us in bondage. Canada has always denied that is has carried out genocide of 99% of our people. Imagine! It just got itself on the Human Rights Commission at the UN so it can supervise the external international agencies that are available to receive complaints from the Indigenous Peoples of the world! This is a classic case of the fox guarding the henhouse.

11. Does your spouse destroy your property, use violence against you or threaten to hurt pets or things you care about? Look at the destruction from one end of Turtle Island to the other. When the colonists arrived this was a land of plenty. Our ancestors had a relationship with the environment based on mutual respect for mother earth and all of the natural world. We managed the environment so that everything was in balance. The fish in the Grand Banks were so thick you could pull them up with a bucket. The earth was full of nuts, big berries and all kinds of game. Turtle Island was a beautiful park. In a short time the European abusers ravaged almost all of the land. In 1720 the King of England passed a law saying “no more cutting of the white pine” [our Tree of Peace. Only one strand remains in Algonquin park.] They rolled across the land cutting down old growth trees and destroying the habitat of the animals. The dug up the earth to get minerals, poisoning the water and air, leaving toxic waste everywhere that will take thousands of years to repair. Today the Grand Banks are fished out. All kinds of natural food resources are depleted. In some places fish in the St. Lawrence River can qualify as toxic waste. Lake Erie is a cesspool. The prairies are turning into a desert. Southern BC is almost all clear cut. In the north the caribou have been decimated. The ice is melting and the polar bears are drowning. The land is scarred, poisoned and becoming increasingly unlivable. Anytime we try to protect it, we are faced with threats or violence. Look at what’s happening at Six Nations right now.

12. Does your spouse intimidate you with guns, knives or other weapons? The latest! Take a look at item 4. Remember the weapons cache that was found just this spring at Kanehsatake. Remember the 77,000 rounds of ammunition shot at the 26 Indigenous people attending the Sun Dance at Gustafsen Lake. Remember the way the army was deployed around three of our territories during the Mohawk Oka Crisis of 1990?

13. Does your spouse force you into sexual acts that you don’t enjoy? This is really “undercover”. In Vancouver and other western cities there are streets where men go to pick up child prostitutes. These are our children. There are 500 native women missing. Their disappearances have not been investigated. What more can we say.

14. Does your spouse threaten to kill himself? Well, we finally found something on this list that Canada doesn’t do. If it did, could you blame us if we just let it happen?

So what do you think, Dr. Phil? What kind of therapy do you suggest for this abusers? Shouldn’t Canada sign up right away? If this is a marriage, we want a divorce! 

Kahentinetha Horn
MNN Mohawk Nation News

poster: Thahoketoteh