Tag Archives: Federal court of Canada

MNN: REVOLUTION BACK TO RULE OF LAW

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REVOLUTION BACK TO RULE OF LAW – KANEKOTA UPDATE.  

MNN.  Oct. 25, 2012.  Canada has a duty to abide by the rule of law, that is, to follow their own laws.  Above all, their constitution. Their following their constitution and agreements with Indigenous peoples is their visa to live here.  Ordinary statutes like the Indian Act that breach the constitutional guarantee of protection of us are not “law”.  This breach makes it void. 

The Royal Proclamation 1763 is the first general constitution for all of North America, giving the newcomers a right to live here.  It is the foundation of Canada.  It defines its relationship with the Indigenous People and our land, based on the Guswentha/Two Row Wampum.  We are to remain separate in all ways, unless we make a treaty agreeing to some variation.  We did not.  The newcomers proclaim a “duty to protect us” from encroachment.   Sections 91[24] and 109 of the Constitution Act 1867, affirm this duty.  Furthermore, this was confirmed by the Order in Council of Canada 1875 by which Canada expressly and explicitly confessed this duty of protection.  

 

The Royal Proclamation 1763 provides: 

“…  that the several Nations or Tribes of Indians with whom We are connected and who live under our Protection should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as not having been ceded to or purchased by Us are reserved to them or any of them as their hunting Grounds —“. 

“…  And we do further strictly enjoin and require all Persons whatever who have either willfully or inadvertently seated themselves upon any Lands … not having been ceded to or purchased by Us are still reserved to the said Indians as aforesaid forthwith to remove themselves from such Settlements. 

The Royal Proclamation affirms our territorial sovereignty and independence.  The Guswentha provides that there shall be no interference in our ways, languages and lands.  Nor shall they make rules for us or have any rights to our possessions. They may live here and feed their people and be of one mind with us on the environment.  

Section 109 of the Constitution Act, 1867 further elaborates:    

109. …  all … Lands, Mines, Minerals, or Royalties, [are] subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province… 

In 1897 the Privy Council in Britain, at that time the highest court of appeal for Canada, defined the trust and interest as a legal duty to protect the nations or tribes of Indians, which pre-exist their administrative bodies known as Indian Act band councils.  Canada is absolutely bound by this.  The duty to protect predates the country. 

The constitution has been broken and thus the rule of law has been trashed.  It has been replaced by political opportunism that has infected the courts, politicians and almost all of non-native society.   In 1880 Canada illegally declared a formal act of genocide, the Indian Act, Section 72, to remove the life chiefs.  Then on October 25, 1924 Canada illegally set up concentration camps called “reserves”.   

Quebec cannot impose a statute such as French language Bill 101 forcing Indigenous to speak French in order to work.  Otherwise we are forced to leave our homeland.  It is a genocidal colonial statute that violates the rule of law and Canada’s duty to protect. 

The crown falsely alleged that their settlers have our land, resources and can legislate to us.  The visitors illegally interfere with our life and lands. Canada and its courts must protect the several nations and our lands from being molested or disturbed.   

Any Ongwehonwe/Indigenous as natural persons of Onowaregeh/Great Turtle Island require proof of treaty that relinquishes this constitutional agreement.  None exist.  All the land is Indigenous.  Canada’s duty is to never allow any encroachment by subsequent statutes of Canada and its provinces. Any federal or provincial imposition is unconstitutional and therefore void.  Canada has voided its own existence here. 

The rule of law does not function in Canada.  The trust has been broken.  It needs to be repaired to rescue all human kind and the environment.  

Instead of protection Canada has attacked us and our mother, the earth.  The foreign corporation of Canada must be dissolved as it does not follow the rule of law, making it illegal.  They must follow the Guswenta or leave Great Turtle Island.   

This is the basis of the Federal Court case T-1396-12, The Queen v. Thahoketoteh of Kanekota.  We need your donations now for filing, printing and mailing costs.  Those who donate today will become of one mind with us as per the Guswentha.  Go to PayPal. www.mohawknationnews.com.  Contact:  Thahoketoteh@hotmail.com; MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to sign up for MNN newsletters, go to www.mohawknationnews.com  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0  Nia:wen

Federal Court Case T-1396-12…

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FEDERAL COURT JUDGE KEVIN AALTO GUILTY OF TREASON FOR BREAKING ROYAL PROCLAMATION 

MNN.  Oct. 5, 2012.  On October 1, 2012 we went to Federal Court in Toronto to remind Canada of the law and the lawbreaking that is going on in Kanekota.  Kanekota is a British Protectorate. Trespassers must stop breaking the law.     

On October 5, 2012 Judge Aalto confirmed that their Royal Proclamation supercedes all Admiralty Statutes, statutory law and rules.  Then he told us they have no jurisdiction or will to respect it.  He clearly violated his oath to their Queen, making him guilty of high treason.  The penalty is death, which we did not ask for.  The last thing Thahoketoteh of Kanekota told Judge Aalto was, “You be careful of your decision.  If you break a royal proclamation, you will be guilty of high treason”.  Now he is. [Thahoketoteh of Kanekota v The Queen T-1396-12.] 

The Royal Proclamation confirms the Guswentha/Two Row Agreement, the supreme law of Onowaregeh/Great Turtle Island.  The 1701 agreements with the French and English are the only laws that give the newcomers the right to live on our land.  They broke these and now illegally reside here.   According to the Royal Proclamation 1784 their subjects must respect the Guswentha in all matters.   

The Federal Court agreed that in 1784 Captain General Frederick Haldimand signed on behalf of the king a proclamation to protect Mohawks from white encroachment forever.   Canada can no longer pretend ignorance of the laws.  The Federal Court put on the public record that Canada openly admits its criminality and refuses to follow the law. 

Judge Aalto erroneously proclaimed that the Federal Court overrules a Royal Proclamation. [He should be kicked out of law and put in jail]. This is all gobblety-gook to sidestep the lawbreaking and gives more time for corporate destruction of Kanekota.  He also ruled that “as this court has no jurisdiction to deal with these issues, leave to amend is also denied.” Meaning he decided that we could never appeal his wrong decision.  He showed that the Federal Court is nothing more than a kangeroo court.  

We do not accept this law breaking.  Under Wampum 44 of the Kaianerekowa/Great Law, the Women Title Holders have the duty to notify all settlers that as their proclamation supercedes all their rules and statutes, all their settlements, developments and permits violate the proclamation and the Guswentha.   

Judge Aalto did not dispute any of our arguments, that: 

1-The Nanfan Treaty is the Guswentha agreement with Great Britain.  

2-The Haldimand Proclamation is their order that there shall never be any encroachment by their people on our land.  

3-The Indian Lands Act 1924 is illegal as it was never taken to the Indigenous people, passed in any legislature nor brought to the Queen.  It was a side deal of the Minister of Indian Affairs of the Colony of Canada and the Minister of Mines of Ontario.  All Ontario settlers rely on this illegal statute for their title.  

4-The seizure of Canadian Hydro Developers windmills built in Kanekota without our consent belongs to the Mohawk Nation.  Canada broke its laws on “Aboriginal consultation” at the Ontario Municipal Board OMB hearings regarding these illegal eyesores.  http://www.youtube.com/watch?v=iR-jbTGh87g  The Municipal, Provincial and Federal governments must be notified of this ruling.   

5–The Outdoor Education Center by the Etobicoke Board of Education was stolen.  Now they are trying to illegally re-sell it.  

6-Enbridge Gas has illegally built a pipeline through Kanekota.  

7-Minister of Finance Jim Flaherty has illegally built a multi-million dollar estate on Kanekota. 

The Shareholders of the foreign Corporation of Canada have set up the Admiralty court system, to keep what has been stolen from us.  The courts make and manipulate its rules to make profits for the shareholders. For them the Royal Proclamation exists but they don’t have to follow it if they don’t want to.    

Dekanawida, the Peacemaker, showed us the path.  He knew that we had the mind to figure out the solutions.  Change for peace starts in each person’s mind. 

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

 

 

 

 

MNN: MOHAWKS V. THE QUEEN. KANEKOTA.

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

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

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

 

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

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

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

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

 

 

KANEKOTA DISPUTE GOES TO FEDERAL COURT OF CANADA

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KANEKOTA DISPUTE GOES TO FEDERAL COURT OF CANADA

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

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

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

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

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

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

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

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

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

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

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

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

BIG F–K UP AT AKWESASNE.

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GANG WAR BY CBSA, RCMP, OPP & MOHAWK POLICE ENDANGER LIVES AND VIOLATES HAUDENOSAUNEE JURISDICTION

MNN. Nov. 17, 2008. On Friday night November 15, 2008 around 8 p.m., an elderly couple, both 77, was returning from a trip to Montreal. They had to go through the Akwesasne Cornwall Island border checkpoint, a few minutes away from their home in Massena, New York. After crossing the bridge from Cornwall, they approached the intersection of International and Island roads just before the Canada Customs building, before heading to the U.S. Customs. Meanwhile the Akwesasne Mohawk Police were chasing a 21 year old non-native youth in a minivan on the Island. The youth from St. Jean sur Richelieu, Quebec, sped through the stop sign at the intersection and smashed into the car of the elders. All three were killed in the crash and resulting fire.

Island Road passes through a residential part of Akwesasne known as “Kawehnoke”. It has no lights, no sidewalks, and the posted speed limit is 40 km/h.

The cops set up this lethal event with their usual disregard for the right of Indigenous peoples to live in peace and quiet. Their internal investigations will probably show that the cops and border guards were following “standard procedure” when they created this deadly catastrophe.

The youth was flagged as a “cigarette smuggler” by the Canada Border Services Agency CBSA and undercover intelligence that were in the community in unmarked cars and just standing around. He crossed the bridge over to Cornwall. There, RCMP and OPP were waiting for him. The youth saw them, turned around and headed back over the bridge to Kawehnoke, chased by the OPP and the RCMP. They called off their chase and told the Akwesasne Mohawk Police to take over, according to Ron Moran, President of the Customs & Excise Union.

The Mohawk police claimed they had called off the chase. Witnesses said the cop car lights were still flashing when they came down the hill in pursuit; after the mortal impact, the police ran to the van going after cigarettes; and they made no attempt to rescue the elders. A witness tried to open their car door. It was jammed. The car was already on fire and then became engulfed in flames.

The border agents and cops at this checkpoint are well-known for their lack of judgment, their brutality and their cavalier approach to the law. They have been violently attacking the Mohawks who have to go through this checkpoint on a daily basis. They use the “Akwesasne Residents’ Lane” that is supposed to make movement easier for residents as target practice. On June 14 2008 CBSA attempted to murder two grandmothers they had pulled over. One suffered a trauma induced heart attack. The two women tried to get the RCMP and OPP to investigate the attempted murders. Both agencies said they had no jurisdiction. It was the responsibility of the Akwesasne Mohawk Police, who have done nothing.

All these agents, CBSA, OPP, RCMP and Akwesasne Mohawk police, “without jurisdiction”, are fighting their gang wars in Akwesasne! We have documentary proof that all of these agencies claim they have no jurisdiction here. In fact, Madam Mireille Tabib of the Federal Court of Canada has recognized that Akwesasne is not part of Canada [Kahentinetha & Katenies v. The Queen, T-1309-08, October 23, 2008].

Guess who’s investigating this one? The OPP and the RCMP! Though they have no jurisdiction, they think they can perpetrate crimes! It looks like the families of these three victims could launch a big lawsuit against this IBET posse [Integrated Border Enforcement TaskForce]. Maybe Homeland Security should get involved as the elders are U.S. citizens. Sgt. Kristine Rae told the Ottawa citizen that the Akwesasne Mohawk Police Service asked the OPP to investigate the collision.

The Special Investigations Unit SIU, an Ontario civilian law enforcement agency, usually investigates any incident involving police that results in serious injury or death. The Akwesasne Mohawk Territory is out of the SIU’s jurisdiction. The almost death and serious injury of the two women caused by the CBSA doesn’t count! They only investigate the death and injury of non-Ongwehonwe by their agents!!! It’s called racism!

Policing is supposed to be a service requested by the people to take care of issues within the community. These four colonial mob agencies have brought their violent conflicts to our community without our consent because they think it’s a “no man’s land” for the colonizers and they can get away with it. The truth is that it’s the Haudenosaunee peoples’ jurisdiction. These mobs serve “outside racketeers” and extortionists who try to impose non-Ongwehonwe mayhem. They are “tax” extortionists with guns who rob on behalf of the colonial state. Some surmise that they may have been trying to rob the youth, grab his load and sell it themselves. Then they put these kids through their court system.

Everyone knows that cigarettes are legal. We are free to trade as we always have been since time immemorial. Neither the youth or the 77-year old couple deserved to die. What did the “border squatters” who have set up their illegal shop in the middle of our community want? To extort a share of our legitimate commerce! The colonial society has deliberately debilitated us so that we have no economy. It’s no coincidence that Canada created a situation that killed old people. It’s a culture that disrespects elders. It claims us as citizens but it has taken the Old Age pensions from our elders here.

We Mohawks feel deeply saddened by the tragedy that took place in our midst. We are outraged by the remorseless gangsterism of the colonial thugs that caused it. These hoods knew this poor young guy was not a native. They set him up because he was alone and unprotected. He died because of a failed economy and having no prospects in his own society. Poor people buy the cigarettes because they can’t afford the state taxes used to support their parasitic government officials. There is hardly anything left over for proper education or health care for their people.

These thugs should leave Akwesasne. They are now using twisted logic to try to blame us for their gangland style “hit”. They claim it all happened because we didn’t support them! What a bunch of sickos! The only involvement of our people were the witnesses who tried to save the lives of the victims. People were out and about. The Mohawk Police officers showed no common sense when they conducted this lethal high speed chase through the middle of our community.

Anger and frustration about the accident and the chase is simmering across Akwesasne and beyond. If Canada wants to call trade in our cigarettes contraband, that’s their business. It doesn’t make it so. We think their gang wars are to get a piece of the action, as they see it. We don’t want any part of them. We want them to get their fake border, goons and dangerous behavior out of our community. If they want to do s–t like this, let them do it in their own bedroom community. We’ve had enough.

All these people were killed over a load of cigarettes. Their creed is commercial greed before human life! The blame for this tragedy can only be laid at the feet of all these criminal entities, CBSA, OPP, RCMP and the Akwesasne Mohawk Police Service.
http://www.canada.com/story.html?id=965549&p=1

Karakwine & MNN Staff – Mohawk Nation News http://www.mohawknationnews.com
katenies20@yahoo.com kahentinetha2@yahoo.com

Note: These challenges of CBSA abuses at the border require support and money. Your financial help is needed and appreciated. Please send your donations to PayPal at http://www.mohawknationnews.com, or by check or money order to “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Nia:wen thank you very much.

Some of the ‘borderline’ culprits involved: Prothonotary Mireille Tabib, 284 Wellington TSA-6032, Ottawa ON Canada K1A 0H8 613-992-4238 Fax 613-952-3653; Phil Fontaine of the AFN is a partner in CBSA’s Sustainable Development Strategy 2007-9; Chris Kealey, Canada Customs Excise, Immigration Taxation Board, CBSA Media Relations 613-991-5197; President CBSA 613-952-3200, 613-957-0612, CBSA-ASFC@Canada.gc.ca; National Aboriginal Initiative CHRC 204-983-2189 1-866-772-4880 info.com@chrc-ccdp.ca; Canada Customs Port of Entry at Cornwall Island Ontario; Gaetan Cousineau, Quebec Human Rights presidence@cdpdj.gc.ca; Akwesasne Mohawk Police 613-575-2250 ex 2400; Mohawk Security at the border 613-932-5183, 613-575-2340; Lance Markel, District Director CBSA 613-930-3234, 613-991-1214; Brent Lafave, Investigator CBSA; Susan St. Clair, Canadian Human Rights Commission, 344 Slater, Ottawa 613-995-1151, 1-888-214-1090, 613-943-5188; CBSA National Spokesperson 613-957-6500; Quebec Media Relations CBSA 514-350-6130; Chief Mohawk Council Akwesasne 613-575-2250 nbenedict@akwesasne.ca; Minister Stockwell Day, Ottawa 613-995-4432; Melissa Leclair Communications Pub. Safety 613-991-2863.

Go to MNN “Border” category for more stories;

poster: katenies