|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)  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  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.
|INDIAN AFFAIRS RATTLES COLONIAL SABRE AT SIX NATIONS TRADITIONAL PEOPLE – AGAIN! “WOLF IN SHEEP’S CLOTHING” MEDIATION PROPOSED
MNN. March 26, 2006. Michael Coyle, a professor at University of Western Ontario, has been duped into “undertaking” what Indian Affairs calls “a fact-finding” mission. He has plainly been hired to “bury” the facts. The current protest is against the theft of more of the Haldimand Tract belonging to the Six Nations Rotinoshon’non:we. Since mid-February the Rotionshon’non:we owners of this land have been opposing the illegal construction of homes on a large tract known as “Douglas Estates” of Caledonia Ontario.
It’s nice to know that Indian Affairs has finally decided to inform itself and dig up some facts. We hope they’ll finally start digging up some of the skeletons they’ve been burying over for over 200 years. If they do a proper job of excavation, it won’t take them long to find out that the band council they’re so keen on negotiating with is a twisted creation of their own dearly beloved Department. If they do a proper autopsy and DNA analysis, they’ll find out it ain’t “Indian”, it’s genetically “white”.
In 1924 Indian Affairs dug a mass grave for the Rotinoshon’non:we Confederacy. Even then the procedures they used would have been considered violations of international law, if anyone had known what they were up. It was pure unadulterated “might makes right”, the kind of skullduggery the League of Nations was designed to stop. To survive we all had to go “underground”. But we weren’t the dead corpses Indian Affairs wanted us to be.
In the 1920s, celebrated Canadian scoundrel, Duncan Campbell Scott, was the head mortician at Indian Affairs. Conniving with Joseph Pope in Canada’s makeshift Department of External Affairs, they managed to bribe League officials into derailing the Six Nations quest for a legal determination of their rights by a neutral tribunal. This left him free to depose their government in 1924. In its place a puppet government was set up using the Indian Act. Only 26 people voted in the election that replaced the 30 regularly participating members of the traditional council.
This illegal band council was given control of the Six Nations’ trust funds worth close to a million dollars. The coup effectively prevented the traditional Six Nations government from functioning as usual. To this day the Canadian government continues to negotiate with its puppet creation. A sober look at the “mediation” that Indian Affairs has announced reveals a number of problems.
1. The band council does not represent the Six Nations peoples according to international law.
2. The mediator, Michael Coyle, was appointed unilaterally by one party to the dispute rather than by agreement between both parties, as required according to standard mediation norms. The mediator is being paid exclusively by Indian Affairs. As such, he cannot function impartially. Because of the high stakes involved for both Canada and the Six Nations, this case requires a mediator who has no vested interest in the outcome. In order words, the mediator should come from outside of Canada. The Six Nations has been attempting to resolve this dispute on such neutral terms since the 1920’s, at the very least.
3. The mediator has been given a mandate to resolve legal issues when he has no training in either domestic Canadian law, international law, and the Kaianereh’ko:wa, the constitution of the Rotinoshon’non:we.
If Indian Affairs would like to understand why the protesters have been camping out in the mud and snow for so long, it is strongly suggested that they read their own archival files. Members of the Six Nations have expressed their concern in no uncertain terms in countless occasions in the past. Yet Canada continues to invade Six Nations jurisdiction and to hold onto stolen Six Nations assets.
The Six Nations People can see right through Indian Affairs’ bluff. They’re trying to give us purple Cool-Aid. We can see the strychnine bubbling. They’re talking in dulcet tones while they prepare jail cells, hospital beds and body bags for us. We know what this is about. This is why the Six Nations have decided to “deep six” this thinly disguised death sentence. We need properly conceived negotiations using a mutually agreed impartial mediator. In lieu of flowers, contributions to a genuine Six Nations mediator may be sent to Dick Hill.
Contact: Dick Hill, 519-865-7722, R.R. #6, Hagersville, Ontario, Canada N0A 1H0 firstname.lastname@example.org JanieJamieson 905-517-7006 Attached: Objection filed by Women Title Holders; and Mohawk Manifesto.
MNN Mohawk Nation News, email@example.com (coming soon daily news at http://mohawknationnews.com )
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