MNN. Jan, 1, 2024. The McGill Mambo is very similar to the Toronto “two-step” where the provincial and federal governments dance amongst each other while absolutely ignoring the indigenous ways and court procedures.
McGill is not following the rules of the court. Judge Moore’s direction is being ignored. Also they are not giving us the data on their excavations of the Indigenous-owned McGill landscape. We must investigate every shovelful they take looking for our babies.
It is now over a month since the judge of the Quebec Superior Court made the order to restore the Expert Panel to find our murdered children, the victims of MKUltra and other experiments. McGill pays no attention. They fired the expert panel on July 6, 2023.
We have worked very hard to bring this application to the court and how duplicitous are McGill and SQI. In court on December 1 they said they were not applying it. In fact, they were appealing it! We want a court order to stop all work right now or they will land in jail!
McGill is taking the tuition fees of the students to stop us from finding our murdered children.
This investigation must be put back on track as soon as possible. This situation Is chaotic and shameful. They show no respect for us indigenous women.
It looks like they will do anything to stop the investigation and to prevent the expert archaeological panel from investigating. We won the appeal. We have no money nor lawyers to deal with this. Breaking the court order indicates to us that they are delaying any legal procedures that would delay their renovation of our lands, Mount Royal, Montreal and McGill University.
It’s detrimental for them to continue their ‘denialist’ approach. They dismiss what the search dogs found. Then they used mechanical sifters to break up the soil so that the bones could not be identified so it cannot be established as to whether they are human or animal. The material is now too fine to identify.
We have to go to court again on January 16, 2024.
Nobody has ever heard of this kind of treatment of human remains except for Jimmie Rodgers who was out in the field looking to get mules to skin for his family: “Good morning, Captain. Good morning to you, son. Do you need another mule skinner out on your new mud line. yodelayhee”…..[Sing along with Jimmie, “mule skinner blues”]:
Mister Justice, the Kahnistensera made a submission regarding that motion on Case Management, as follows:
MNN. Dec. 1, 2023. “Shekon Judge. I unfortunately have to remind you of a very grave matter about the Defendants TOTAL DISRESPECT for the law. There have been some exchanges between the Special Interlocutor, the Defendants and us since the latest Court Order that you issued.. Mr. Justice, on November 20th 2023, these exchanges are EXTREMELY concerning. One comes to wonder whether the Defendants consider themselves to be bound by the law as everyone else is in Canadian society. We wrote to the SQI and McGill immediately after we received your judgment, proposing that we write a joint message to the Expert Panel to share the Judgment and prepare updated information on the archaeological interventions that took place on the site since the Panel was wrongfully disbanded.
The Defendants responded on November 23rd 2023, that they were “currently studying Judge Moore’s latest decision”, and that “excavation work can continue without interruption”. The language is similar to the email McGill sent to all its students and faculty on November 21st 2023, where they said, “We will study the decision and its implications more fully in the days to come. In the meantime, as per the court’s decision, the work at the site may continue”. The main decision within the Judgment to reinstate the Panel was not mentioned.
Ten days after your Judgment was rendered, we still haven’t heard back from the Defendants. I don’t know how much time it will take them to study the 12-page Judgment you issued, Mister Justice. It took us a couple of hours, without any lawyers to help us. It might take them a few months, or a few years, after the New Vic Project is completed, to actually read the Judgment and contemplate ways to implement it! They seem to have all the time they needed to plan and execute excavation work on the site, which continued ceaselessly.
The patch in front of the Hersey Pavilion McGill where the dogs detected the scent of human remains has now become a huge hole. Ethnoscop produced a report regarding the investigation of the dog alert. They say they didn’t find a burial. More precisely, they say that they sifted 150 bone fragments most of which are too small to determine whether they’re animal or human, and ended up suggesting that they must be animal because of the “archaeological context”, not even explaining what the context was. As far as we know, the context is that search dogs smelled human remains there.
We recall the Defendants had decided to move the piles of soil excavated where the dogs smelled human remains to another location so they could start their project there. We opposed this because we feared that it would damage any bones contained in that soil.
So the piles were moved elsewhere against our consent. They were sifted using a huge machine normally used for mining. After being moved around and sifted in a huge machine, all that was left of the bones were fragments that are impossible to identify. This report was written on November 22nd, 2023 two days after the Court Ruling that reinstated the Expert Panel. But the Defendants were too busy to implement it. They just let everything continue in the meantime.
On November 21st, the counsel for the Special Interlocutor shared a letter with all parties suggesting to “work together to enable the Expert Panel to resume its work” by setting a meeting “to outline draft contracts for the Expert Panel” and to discuss whether to replace Justine Bourgignon-Tetrault or to continue with a two-person panel, in accordance with your suggestion, Mister Justice. What did the Defendants do? They never responded. Were they too busy rereading the Judgment? Your Judgment was clear, Mr. Justice, in stating that continuing the work without the oversight of the Expert Panel creates irreparable harm. It’s written in black and white.
So it’s obvious that if anyone receives a Court Order to have supervision of your excavation work by a Panel of Experts, your priority is to respect that Court Order and reach out to the Panel.
It’s now been 11 days since the Court Order was issued, and nothing was done to implement it. That’s in addition to the month that passed since the hearing on October 27, 2023, which was in addition to the almost two months that passed since the Expert Panel was unilateraly fired by the Defendants, transforming this investigation into a blatant insult to our intelligence. The Defendants proved these last 11 days, including the three months before, that they have no intention whatsoever of respecting our concerns and even respecting the law.
They now want to get rid of the Special Interlocutor to leave us without any oversight from any qualified person committed to the sacred work of protecting unmarked burials. The Special Interlocutor and her attorneys played an essential role in allowing the settlement agreement to happen and to bring some sort of agreement and legibility to this mess.
We’re sorry that it comes to that point, but we have no choice but to ask this court to act upon its own rulings and to compel the defendants to respect its decisions. The Court Order issued on November 20th clearly acknowledged the irreparable harm caused by the Defendants’ refusal to abide by the recommendations of the Expert Panel. Eleven days after the Court Ruling was issued we’re still at the same point. The Panel hasn’t even been told that it’s been reinstated because the Defendants keep postponing the very first step which is to announce the Court Ruling to them. It appears their bad faith is such that they won’t do anything cooperative if it’s not directly ordered in black and white.
If the Judgment doesn’t say that the Panel has to be contacted by the specific date, they’ll just never tell them that they’re reinstated! And during that time, we are being hurt and hurt and hurt every single day the excavation moves forward.
Here’s a story. We’re in the desert and we have a gallon of water for two people, and the court orders that we should share the water. But I actually have the water bottle, and when I learn about the court order I start saying that I have to read and re-read it and think about it. But, in the meantime I actually end up drinking the whole gallon of water. What would that mean? To me it’s crystal clear. It means that the law is breached. That’s all there is to it.
That’s all I have to say”. Kahentinetha of the Kahnistensera Mohawk Mothers.
Ted Nugent, the Motor City Madman, exclaims: “Sabotage on the downtown streets. Police cars overturned. Can’t do nothing to beat the heat. And if you don’t, you’ll get burned. Sleek women behind every door. Cost more money than you got. You best be up if you want some more cause if you don’t, you’ll be shot. Dog, dog eat dog. [4 times].
Kamikaze from the 100th floor, swan dive to the street. He couldn’t handle this mad house no more. He craved that sweeter meat. Yeah, dog, dog, dog eat dog…..”
MNN. Dec.2, 2023. In the “Admiralty law of the seas” the judge is the Captain of the ship, which is the courtroom, and the banker, who decides who will pay what to who. He decides who will be overthrown or put in the brig. On Friday he told everybody to “Figure it out” and left the ship. Everybody was put on “shore leave”! See Mohawk Mothers Statement.
On Nov. 1, 2023, the Mohawk Mothers went to Montreal Quebec Superior Court to ask the judge to help get the files on the genocide of the indigenous supposedly commissioned by McGill University and the province of Quebec. These documents are being kept in top secret vaults by the supposed perpetrators. The few who survived one of the biggest holocausts in all humanity are being grossly studied. Indigenous were given numbers, their names changed, they were moved all over, experimented on and “disappeared”. Now the state and its institutions whick are in charge do not want the indigenous to have this information. Shouldn’t the indigenous decide who can have this information about themselves? The so called perpetrators and their lawyers presently have total control!
The indigenous want to go into these vaults to review what is left in the stored boxes. Confidentiality clauses were enacted to allow only certain researchers they permit to see them. The indigenous never consented to their children being taken and never seen again. Now the perpetrators hide behind their confidentiality laws to create books and papers about the indigenous people.
The trauma only becomes worse with each betrayal. Each time Mohawk Mothers make agreements these promises are broken so the genocide continues to be hidden.
The historians and politicians of the corporation of Canada have been trying to wipe out the indigenous from their history. The land and resource owners, placed on onowarekeh, turtle island, by creation, just don’t fit into their ideological needs of the evolving ‘national’ identity of Canada. Free indigenous are not to be part of the public and educational memory. They are to remain hidden deep in the ground, never to be seen or thought of. The historian’s mission is to organize the historical information in a new way – without the indigenous.
Maybe we should be looking ahead like Zager and Evans:
In the year 2525, if man is still alive If woman can survive, they may find In the year 3535 Ain’t gonna need to tell the truth, tell no lie Everything you think, do and say Is in the pill you took today In the year 4545 You ain’t gonna need your teeth, won’t need your eyes You won’t find a thing to chew Nobody’s gonna look at you In the year 5555 Your arms hangin’ limp at your sides Your legs got nothin’ to do Some machine’s doin’ that for you In the year 6565 You won’t need no husband, won’t need no wife You’ll pick your son, pick your daughter too From the bottom of a long glass tube
In the year 7510 If God’s a coming, He oughta make it by then Maybe He’ll look around Himself and say Guess it’s time for the judgment day In the year 8510 God is gonna shake His mighty head He’ll either say I’m pleased where man has been Or tear it down, and start again
In the year 9595 I’m kinda wonderin’ if man is gonna be alive He’s taken everything this old earth can give And he ain’t put back nothing
Now it’s been ten thousand years Man has cried a billion tears For what, he never knew, now man’s reign is through But through eternal night, the twinkling of starlight So very far away, maybe it’s only yesterday
In the year 2525, if man is still alive If woman can survive, they may find
We indigenous are part of mother earth who continue to be targets of this ongoing genocide by foreigners.
“Mohawk Mothers Win Superior Court Judgment.
McGill and SQI Ordered to Comply With
Settlement Agreement and to Reinstate Expert Panel”
Tio’tia:ke [Montreal]. After obtaining, one year to the day, a precedent-setting injunction halting excavation at the former Royal Victoria Hospital site to search for the unmarked graves of the victims of medical experiments, the Mohawk Mothers, also known as the Kahnistenaera, have won their bid for a safeguard order they presented at the Superior Court of Quebec on October 27, 2023.
On November 20, 2023, Justice Gregory Moore issued a judgment ordering McGill University and the Societe quebecoise des infrastructure [SQI] to abide by the Settlement Agreement they had signed with the self-represented Indigenous plaintiffs on April 6, 2023, and to respect the recommendations of the Expert Panel of archaeologists they had jointly selected.
Justice Moore’s statement that the SQI’s and McGill’s position ending the Expert Panel’s mandate “does not set a term for the Panel’s mandate on July 17th is “too restrictive,” as the settlement agreement “does not set a term for the panel’s involvement in the on-going search for unmarked graves” [para. 34]. According to the Judge, “The delay and costs of the overall project cannot justify the SQI’s and McGill’s unilateral reduction of their obligations under the settlement agreement, especially when doing so will cause irreparable harm to the plaintiffs” [para. 39].
For Mohawk Mother kahentinetha, the Judgment is a relief. “We’ve fought so hard for two years to search for these missing children. Our community was targeted for genocide and our children were used as guinea pigs in these horrific experiments by the CIA to see how to kill the Indian in them. But since McGill and the SQI fired the Expert Panel we had no way to keep track and trust the results of the investigation, which was now being controlled by the perpetrators of crimes against our children. The point in signing of the Settlement Agreement was to allow the Experts to do their job, and we were betrayed. We had to do it all alone without lawyers, facing such powerful institutions. It wasn’t easy but we made it. The Judge understood that the only way this can go is in a professional way, with independent experts to oversee everything and make sure our community is informed”.
The Mohawk Mothers submitted that McGill and the SQI had failed to implement numerous recommendations of the Expert Panel, notably refusing to share data from the Ground Penetrating Radar surveys, refusing to adopt forensic precaution to protect the chain of custody of evidence, and depriving the Mohawk Mothers of access to crucial information such as contracts with specialists.
Justice Gregory Moore found in favor of the Mohawk Mothers’ argument that the purpose of the Settlement Agreement was to rely on an independent and impartial Expert Panel to provide ongoing recommendations, in order to ensure that the New Vic Project would not result in the desecration of human remains, which survivors and search dogs indicated were on the site.
In August 2023, McGill and the SQI fired the Expert Panel, one of whom had recently resigned, after they asked to implement forensic measures and peer review data from Ground Penetrating Radar.
Although Historic Human Remains Detection Dogs had detected the scent of human remains in the area in front of the Hersey Pavilion, McGill and SQI declared that there was no evidence of burials there, suggested it was a false positive, and started large-sale non-archaeological excavation in the zone. The Mohawk Mothers were concerned that development work in the area could start before the source of human remains in the zone was established, especially inside the Hersey Pavilion, because the dogs signalled remains next to the building’s wall and because unexplained demolition work took place there.
Judge Moore’s court ruling will allow for the independent Expert Panel to provide updated irecommendations regarding the zone and the larger site, after being cut off from the investigation since August.
On November 5, 2023, search dogs detected the scent of human remains in yet another zone, close to the Allan Memorial institute, where the CIA’s MK-Ultra experiments on brainwashing took place in the early 1950’s and 1960’s.
The parties will be back in court on December 1st 2023. to address a motion ordering the release of records withheld by the defendants.
The Kanien’kehaka:ka Kahnistensera [Mohawk Mothers] is a Kahnawake based group that helps Indigenous women accomplish their traditional cultural duty as caretakers of the land, to protect all life, including their children and ancestors. They have been engaged in a legal challenge with promoters of the New Vic project to stall future excavation of the former Royal Victoria Hospital until a proper archaeological investigation is conducted, using the traditional protocols of the Kaianere’ko:wa. [Great Peace].
In 1990, not so long ago, the kanienkehaka Mohawks defended the land and people which speaks who hears their own way. This is our people. This is our song. It’s about peace:
THIS IS ONE OF MANY ‘GAZAS’ PERFORMED ON INDIGENOUS PEOPLE WORLDWIDE.
Republished
“AURORA TODAY’S SAND CREEK MASSACRE 1864
MNN. July 21, 2012. The Aurora theatre killer, James Holmes, grew up in San Diego California. His mother sent him to Denver to study for his Phd in neuroscience.
Americans are horrified about the chaotic, horrific, tumultuous and bloody mass murders in the movie theatre showing “Dark Night Rises”. Yet they live unconcerned on top of our graves. This hemisphere is soaked in our people’s blood, all killed by psychotic mass murderers.
Aurora is 100 miles from the site of the Sand Creek massacre, November 29, 1864. Old Denver families were behind this mass murder of Cheyenne and Arapaho men, women and children.
In the spring of 1864 the Cheyenne and Arapaho were ready for peace. They met with US Officers, Evans and Chivington, at Camp Weld outside of Denver. No treaties were signed. The Indians were offered a sanctuary at Fort Lyon. Black Kettle and over 500 Cheyenne and Arapaho travelled south to set up camp on Sand Creek, near Eads, the town later built on top of the massacre site. Some dissenters headed north to join the Sioux.
General Samuel Curtis sent a telegram, “I want no peace till the Indians suffer more”. 700 Cavalry volunteers called “100 Dazers”, assembled in Denver. The camps of Chief Black Kettle, White Antelope, Left Hand and others, lay in the valley before them. Chivington, with mostly drunken troops, headed to Sand Creek with 4 Howitzers. Black Kettle raised both flags of peace. Chivington raised his arm for attack. Cannon and rifles pounded the camp. The Indians scattered. The frenzied soldiers hunted down and murdered the men, women and children. A few warriors managed to fight back. Silas Soule of Massachussets did not allow his soldiers to fire into the crowd.
Troops continued the murders all day. One bragged about killing 3 women and 5 children who were screaming for mercy. They murdered all the wounded, mutilated and scalped them. They cut open the pregnant women’s bellies and laid the fetus on the bodies. They plundered tipis and divided up the herd of horses. Black Kettle’s wife was shot 9 times and survived. The Cheyenne Dog Warriors who opposed the peace treaty provided sanctuary for the survivors.
The Colorado volunteers returned to Denver as heroes, with scalps of women and children. Colorado residents celebrated. Chivington appeared on a Denver stage telling war stories and displayed 100 Indigenous scalps, including pubic hair of women. Many of the elite of Denver society today are the children of these murderers.
Eye witnesses came forward and reported the murders. Silas Soule testified against Chivington, and was murdered by Charles Squires. It was found to be a carefully planned massacre. Asked why kids were killed, “Nits make lice”, said Chivington.
As word of the massacre spread, the Indigenous resistance to white expansion stiffened. This massacre led to the Little Big Horn battle on June 25-6, 1876 where General George Custer and his men were wiped out by the Lakota lead by Crazy Horse and Sitting Bull.
In December 29, 1890, the US 7th Cavalry commanded by Samuel M. Whitside lead the massacre of over 350 Lakota at Wounded Knee Creek.
We have had to live with these horrors since the arrival of the invaders, while they send their “cry babies” to doctors for counselling.
That mindset to slaughter people was brought here. 80 are shot and killed daily in the US, not counting stabbings and death by other means.
Orders always come from the top. On December 26, 1862 Lincoln sanctioned the hanging of 38 randomly picked Indian men and boys without trial, the largest mass hanging in US history. One week later, January 1, 1863, Lincoln signed the Emancipation Proclamation to free the slaves. The Blacks then formed the regiment called the Buffalo Soldiers who proudly massacred the Indigenous for their masters. Today both races celebrate their plunder with medals and the theft of our land.
Was James Holmes trying to mimic the mindset of those Denver people? If he is insane, then Washington, Grant and Lincoln, and all the other presidents who gave orders to totally annihilate us, are all insane as well.
The Americans must be reminded of this continuing genocide. If they don’t know their history, it is bound to repeat itself. The lesson is: be careful what you ask for, you might just get it.
The movie-goers went to the theatre to see murder, death, chaos and plunder. Then they got it for real!”
As Bob Marley sang about, “Buffalo soldier, dread-lock rasta.”
Photo: Debra White Plume, Oglala Lakota, in the film, “We Love Being Lakota,” which evolved into the film, “Spaces of Exception.”
Spaces of Exception Film Exposes Atrocities and Genocide of Native People and Palestinians
By Brenda Norrell, Censored News, November 17, 2023
MONTREAL — The film Spaces of Exception revealing the atrocities and genocide of Native people — Lakota, Navajo, and Mohawk — and of Palestinians — was shown in Montreal at McGill University. It is here at McGill that Mohawk Mothers have an ongoing court battle to search for graves of Native children at the hospital where the CIA conducted MK-Ultra torture experiments.
Among those who were involved in the series of films in the project were Debra White Plume and Olowan Sara Martinez, our Oglala Lakota friends of Pine Ridge, South Dakota, now in the Spirit World. Their bold stance as defenders of the water and people was manifest at the Red Warrior Camp at Standing Rock, during the resistance to the Dakota Access Pipeline in North Dakota.
At McGill University, the event included the co-editors of the book, The Mohawk Warrior Society: A Handbook on Sovereignty and Survival, with Philippe Blouin and Kahentinehta Rotiskarewake. The film showing was given a small room by the university in an obvious attempt to limit the number attending.
‘Spaces of Exception’ is the latest in a series of films, which began with ‘We Love Being Lakota.’
Alex White Plume says that the ancient people, the Palestinians, and Native people have been oppressed in the same way. “They are committing genocide after genocide over there.”
Debra White Plume says the connection goes beyond solidarity.
“It is a spiritual connection.”
Debra said that the genocide is rooted in the quest of the oppressors to separate the people, for occupation, and to take the minerals and the land — both in Palestine and on this continent.
The filmmakers said, “Profiling the American Indian reservation alongside the Palestinian refugee camp, Spaces of Exception was filmed from 2014 to 2017 in Arizona, New Mexico, New York, and South Dakota as well as Lebanon and the West Bank. It is an attempt to understand the significance of the land—its memory and divisions—and the conditions for life, community, and sovereignty.”
‘Spaces of Exception’ Standing Rock, Oceti Sakowin Camp, water protectors resisting Dakota Access Pipeline in North Dakota.
Filmmaker Matt Peterson said ‘Spaces of Exception’ includes the Dine’ battling relocation because of Peabody Coal at Black Mesa, the Mohawk Warrior Society and the people of Palestine.
“The film investigates and juxtaposes the struggles, communities, and spaces of the American Indian reservation and the Palestinian refugee camp. It was shot over the course of three years in the West Bank and Lebanon, as well as in Arizona, New Mexico, New York, and South Dakota,” Peterson said.
Spaces of Exception film trailer
“Spaces of Exception features interviews with members of the American Indian Movement, the Mohawk Warrior Society, and Diné families resisting displacement on Black Mesa, as well as members of Fatah, Palestinian environmental and media activists, autonomous youth committees, and the families of political prisoners and martyrs.”
“The film is an attempt to understand the significance of the land – its memory and divisions – and the conditions for life, community, and sovereignty.
Akwesasne Mohawk ‘Spaces of Exception’
The first Native land that the filmmakers visited was Pine Ridge in South Dakota, and through activists, were able to reach Olowan Sara Martinez, whose mother had visited Palestinian refugee camps in Lebanon in 1979 as part of a delegation with the American Indian Movement.
“Once she heard about our project she was excited to meet and talk with us, and from that first trip we made the short video We Love Being Lakota with Ojibway artist Adam Khalil,” the filmmakers said.
“The video became something of a calling card to introduce and explain our project and approach. As we continued traveling, meeting people, making and showing short films, it became easier and easier.”
We Love Being Lakota is the first in a series of videos and texts from our documentary project The Native and the Refugee, connecting the struggles taking place on Indian reservations in the United States with those in Palestinian refugee camps in the. Middle East.
Olowan Sara Martinez, Oglala Lakota, Pine Ridge
Olowan says in the film, “For us, as young Tokalas, we don’t wanna be stuck in the waiting process, waiting for a handout, waiting for something to go our way. Waiting, waiting, that’s what Fat Taker did was he trained us to wait, trained us to stand in line.”
“Watch out. Join or get the hell out of the way.”
The filmmakers said, “RIP Olowan Sara Martinez (1974-2022), who was instrumental in inviting us to film at both Pine Ridge and Standing Rock, and who appeared in our films We Love Being Lakota (2015), Indian Winter (2017), and Spaces of Exception (2019). She was a brilliant, eloquent, inspiring, courageous, and incredibly strong woman who will be greatly missed.”
‘Spaces of Exception’
In Montreal, Spaces of Exception held its Canadian premiere at McGill University.
We Love Being Lakota Adam Khalil, Matt Peterson, Malek Rasamny, 2015, 12 min This video was taken during our December visit to the Pine Ridge Indian Reservation in South Dakota. Home of the Oglala Lakota, “the fiercest warrior tribe on the continent”, the film takes a meditative look at Lakota identity in the face of US colonialism, and their relationship to the sacred land they have been pushed out of after two centuries of warfare and theft.Men’s Council of the People of the Way of the Longhouse
Adam Khalil, Matt Peterson, Malek Rasamny, 2015, 12 min
Taking place on the Mohawk territory of Akwesasne–on the borders of New York, Ontario and Quebec–this video juxtaposes footage of a special January gathering at their longhouse, featuring elder Paul Delaronde; archival footage of the Mohawk Warrior Society; and shots of the polluted, decaying industrialized remains surrounding their territory.INAATE/SE/ (excerpt)
Adam and Zack Khalil, 2015, 10 min
“Adam Khalil and Zack Khalil (both Ojibwe) provide a raw take on their ancestral community within the Sault Ste. Marie area — documenting the harmony and debauchery of the Indigenous experience today. This experimental film, now in the works, juxtaposes the voice of the romanticizing settler with contemporary Ojibwe perspectives.” — Gloria Bell, First American Art Magazine.
Censored News
Ry Cooder reminds us everybody has a natural home provided by creation:
MNN. Nov. 13, 2023. As Phil Montour says: “Six Nations land rights are historic and big. Our funds were used to build Canada as it is today” He said those wanting to do business with us said we had to extinguish all the land rights of our children. Our agreement was to share those lands only, that we are to enjoy them forever. All the facts in this video are from Canada’s own records of our funds and were never paid back. Such as:
The Upper Canada Bank Stock; offsetting government debts; Episcopal Church; Cayuga Bridge Co.; Canada war debt; Desjardin Canal Co.; Erie & Ontario Railroads; Simcoe District; City of Toronto; York Roads; Wellend Canal; Law Society of Upper Canada; Various Public Works; McGill College and University; Municipal Council of Haldimand; Upper Canada Building Fund; Montreal Turnpike; To operate Upper Canada; Niagara District Debts.
Legal Liabilities of 6 of Some Validated Claims from 1807 to 1846:
$2,169,696,141,168.63
As the Tribe Called Red [Halluci Nation] remind us how we feel about the land we belong to: “They have to kill us because they can’t break our spirit.”
A judge found that White and Montour were exercising the rights of the Mohawk nation to direct its own economy.
Derek White was convicted of fraud, conspiracy to commit fraud and profiting from organized crime for not paying federal excise tax on tobacco that was imported from the United States. A judge ruled those charges are invalid.PHOTO BY CHERYL SENTER /The Associated Press files
The Two men won’t face criminal charges thanks to ancient treaties written in the 1600s and 1700s, a Superior Court judge ruled Wednesday.
In a much-anticipated and precedent-setting trial, Judge Sophie Bourque ruled that the Crown was wrong to charge Derek White and Hunter Montour with criminal charges related to smuggling tobacco.
The pair were among 60 people arrested as part of Operation Mygale on March 30, 2016, an investigation into alleged tobacco smuggling from the United States and evasion of millions of dollars in taxes that should have been paid to the provincial and federal governments.
Police alleged tobacco was traded between North Carolina, New Jersey and Canada. They claimed more than 20 shipments totalling nearly 2,300 tonnes of tobacco were shipped to warehouses in St-Jean-sur-Richelieu and St-Rémi. White was charged with defrauding Quebec of $44 million in tobacco taxes.
In 2019, White, a former NASCAR driver, was acquitted on one of the two charges of fraud and conspiracy to commit fraud. However, he was found guilty of fraud, conspiracy to commit fraud and profiting from organized crime for not paying federal excise tax on the tobacco that was imported from the United States. Montour was found guilty of aiding organized crime.
White was facing up to 14 years in prison, while Montour was facing up to five years.
Tobacco is used to communicate with creation.
The pair launched a constitutional challenge to that ruling, arguing that Excise Tax Act tariffs on imports are not applicable to Mohawk people based on Section 35 Constitution Act rights as well as the United Nations Declaration on the Rights of Indigenous Peoples and rights to trade tobacco tax-free.
They argued that the Mohawk nation has the right to control its economy based on ancient agreements with the British colonial powers.
To argue their case, the pair referred to 10 treaties drawn up in between 1664 and 1760, as well as the Covenant Chain, a 1764 agreement between the Haudenosaunee or Iroquois Confederacy and the British colonies. The agreement states that Indigenous people have the right to control their economies and lawyers for White and Montour said that includes the tobacco trade.
On the other side, the Crown argued that the Covenant Chain was never considered to be a treaty that is protected under the rights of Indigenous people to self-government.In her 365-page judgement, however, Bourque found that the Covenant Chain was still valid, and that it superseded the other 10 treaties. The Covenant Chain concludes that the Mohawk nation has the right to freely develop its economy, she said. This right is inherent for all Indigenous people and it is protected by the Haudenosaunee traditional justice system. She found that White and Montour were exercising those rights, so the criminal charges against them were not valid.She also found that Article 42 of Canada’s excise law was an unjustified violation, giving the Ministry of Revenue a large discretionary power on issuing licences on the tobacco trade without considering ancestral rights.
Bourque said the trial served as an opportunity to re-evaluate ancient agreements with Indigenous communities in light of Canada’s adoption of the United Nations Declaration on the Rights of Indigenous Peoples, the Universal Declaration of Human Rights and the Truth and Reconciliation Commission.
The trial lasted from October 2021 to April 2022. It took Bourque an additional 18 months to render her judgement. The ruling is considered to be an important and precedent-setting one, and as such it may be appealed.
The Kanien’kehá:ka Kahnistensera (Mohawk Mothers) appeared at the Montreal Courthouse for a five-hour case management hearing on Oct. 27. The hearing came as part of the Mothers’ ongoing investigation into McGill’s New Vic Project site—where the Mothers fear that there may be unmarked Indigenous graves—alongside McGill, the Société québécoise des infrastructures (SQI), the Royal Victoria Hospital (RVH), the City of Montreal, and the Attorney General of Canada.
The Mothers gave the first statement before Justice Gregory Moore. Beginning with Mohawk Mother Kwetiio, the Mothers urged the court to enforce the settlement agreement, which, in Kwetiio’s interpretation, states that all parties are bound to the recommendations of the court-appointed expert archaeological panel. Kwetiio further alleged that McGill had sent contracts to the three members of the panel—which disbanded on Aug. 3—with three-month termination dates. The Mothers were not informed of these contracts until they had already been signed and were irreversible.
Kwetiio argued that Ethnoscop—the archaeological firm hired for the investigation—did not use appropriate methods to protect the forensic chain of custody of any potential evidence, as they were touching evidence with their bare hands and not using tamper-proof bags. She also stated that the defendants were strategically choosing which information they would share with the Mothers in order to continue the investigation without delays.
“There’s been a lot of cherry-picking of what [the defendants] are going to use to help themselves to further their construction, and not the investigation,” Kwetiio said in a press conference after the hearing.
The court then heard from Mohawk Mother Kahentinetha, who shared that potential anomalies were excavated on the site in rapid time which did not allow for proper significance and care to be given to each anomaly. She said that on one day, nine anomalies were excavated with a mere 45 minutes allotted to each anomaly. Kahentinetha claimed that the soil was not sifted properly, and any bone fragments found were immediately deemed to be of animal origin.
In a written statement to The Tribune, the SQI asserted that all excavation is being carried out in accordance with proper archaeological regulations by expert firms, with proper methods used to ensure soil is not mixed or contaminated.
Kahentinetha also shared that after facing verbal assault from SQI security guards on July 25, the Mothers had asked to be accompanied by Indigenous security personnel from T.D. Security while onsite. However, it took three weeks before the defendants complied with this request.
Kwetiio continued, asserting that the Mothers deserve to be treated with respect on the site and should not be subjected to “uncontrollable anger” from the defendants when they ask questions. She ended the Mothers’ statement by contending that the defendants had breached every part of the settlement agreement.
The court took a fifteen-minute break, after which Julian Falconer—the lawyer for the Office of the Independent Special Interlocutor, Kimberly Murray—gave his statement, alleging that the defendants were being denialistic. He stated that the Mothers already had an insurmountable burden placed on them throughout this case, and this burden had “quadrupled” the day the panel was disbanded. He condemned the disbandment of the panel and alleged that McGill and the SQI had replaced the panel with their own archaeological experts so that they could inform the public that they were relying on the advice of experts.
“Today was about bringing back the experts that know how to do this work, to find unmarked burials,” Murray said in a press conference after the hearing. “We have a lot of companies that can do scans. We don’t have a lot of people that have expertise in analyzing the data.”
Later, the court heard from the SQI. Their statement was delivered in French and translated for the Mothers by anthropologist and associate of the Mothers Philippe Blouin. Members of Take Back Tekanontak—an advocacy group in support of the Mohawk Mothers—were stationed outside of the courthouse after the hearing to show solidarity. In an interview with The Tribune, an organizer of Take Back Tekanontak, Diane, who chose not to give her last name, shared her belief that the lack of a court-provided English translation of the SQI’s statement for the Mothers was appalling and oppressively exclusionary.
“The Kanien’kehá:ka Kahnistensera come to court, and they speak Kanyen’kéha, their own language, and their colonial language is English,” Diane said. “It’s not okay to ask them to learn French as a second colonial language, and yet there is no translation provided for them. I cannot believe my eyes.”
McGill’s lawyer, Doug Mitchell, provided the next statement before Justice Moore. He stated that the university believes that it has abided by the settlement agreement wholly and respectfully, arguing the occasional disagreements between parties are not an indication that the agreement is being violated. He asserted that the defendants are bound by the recommendations of techniques by the panel, not to anything else.
Mitchell additionally claimed that Falconer had “theatricized” his speech to the court so that Justice Moore would rule in the favor of the Mothers. He stated that the Mothers needed to take the emotion out of the investigation, alleging that the Mothers and Murray only wanted to enforce their interpretation of the contract and were not suffering any irreparable harm by the way McGill was carrying out the investigation.
Falconer responded to Mitchell’s statement, saying that Mitchell should apologize for asking the Mothers to be less emotional about the investigation. He also argued that all parties should acknowledge that the panel’s recommendations have not been followed, as the panel itself believes its suggestions have not been entirely executed.
“It is absolutely essential that McGill, the Quebec government, [and the] SQI come to their senses and understand that it is very short-sighted to essentially terminate a panel they agreed to be bound by in order a further a development,” Falconer said in a press conference after the hearing. “I promise you, whatever few dollars [the defendants] make on their development, the [societal cost] and the [further erosion] of trust is absolutely innumerable in terms of the size of the expense.”
Kwetiio also replied to Mitchell’s statement, stating that Mitchell’s words were “deeply offensive,” and reiterating the fact that all parties would not be back in court if the recommendations of the panel had been respected.
“I think it was pretty disgusting that the defendant said ‘Oh, there’s no irreparable harm done here.’ […] There’s never a situation where any one of us is going to bargain without children of the past, present, and future,” Kwetiio said in response to Mitchell’s comment in a press conference after the hearing.
Justice Moore adjourned court with no decision made, explaining that he would need some time to review all submissions and testimonies. McGill media relations officer Frédérique Mazerolle told The Tribune in an email that McGill will provide a comment on the hearing once Justice Moore makes a decision. A tentative subsequent court date is set for Dec. 1, during which all parties will discuss the issue of archives and records related to the investigation.
“We demand that we have a proper best practice investigation for our children and for those that were disrespected on that site,” Kwetiio said. “I think our children are looking for us to find them, and this is what’s important, and I’m so glad that all these people are here today in support.”
Led Zeppelln knows the way of betrayal; “Lying, cheating, that’s all you seem to do. Messing around with every guy, putting me down for thinking of someone new . . . Your time is gonna come. Your time is gonna come. Your time is gonna come. Your time is gonna come. . . .
99 years ago on Oct. 25, 1924, the Indian Lands Act was enacted as part of the Indian Advancement Act called the “100 year business plan”. Next year is the 100th year when Canada plans to eliminate the Indian problem forever by killing us and taking our land. According to the “Admiralty Law of the Seas” we are supposed to be signed away. But it might be the perpetrators and their beneficiaries who will be eliminated. Not us.
Historically the slaughter of us was wholesale. Those laws passed by the colonists to genocide us are part of Canadian colonial law, which is legalized murder to take everything from us, particularly our lives. The formation of Canada is based on genocide, therefore Canada is illegal. The genocidal policies and laws are made to look legal, but they are not! They cannot be punished for squatting on our land, their ‘blood quantum” laws, stealing our land, creating POW camps called “reserves”, kidnapping our children, doing experiments on them and then murdering and burying them. Our languages and culture were outlawed.!
2024 will be the 100th year of their insidious plan for the corporation of Canada to be rid of the “Indian problem” to incorporate us into the Canadian body politic. Duncan Campbell Scott, the Superintendent of Indian Affairs, called it the ‘final solution to the Indian problem’. it’s a corporate “business plan” disguised as law. The prime minister enforces that law on behalf of the people of Canada. The first remedy may be to have the body of John A. Macdonald disinterred from his grave and shipped back to Scotland where he belongs. All statues and monuments of him can be shipped back home. The onkwehonweh will take our proper seat at the table of nations.
Canada thought it was right on target with the “Framework Agreement” to finalize the annihilation of the indigenous people. With the stroke of their colonial pen, there would have been no more Indians. They think they can force us to become Canadians. But they did not factor in the internet in their planning. Now everyone in the world is watching while this colonial enterprise called “Canada” is coming to an end. The whole colonial system will be gone forever. Back to where they came from. The Dominion of Canada will end next year. All our land and resources will be returned to us. Canadians can make this right by becoming a model for the world by adopting the kaianerekowa, the great peace, as the basis for their constitution.
Canada is a Nazi project. 700 top Nazis were brought to Canada through “Operation Paperclip” and placed in high positions within the bureaucracy.
Canada recently showed its hand by presenting one of its Operation Paperclip heroes, Nazi war criminal Yaroslav Hunka Vet. of Waffen S.S. Every Member of Parliament stood up and gave him several rousing standing ovations, while the world watched. The applause was akin to giving the ‘Heil Hitler’ salute. Welcome to Canada! Parliamentarians showed their love and allegiance for the Nazis when the world watched them giving accolades to Hunka.
Department of Indian Affairs is a department of the army. Some of us have seen the “War Room” on the 14th floor of the DIA in Hull/Ottawa. Their job is to keep the indigenous as prisoners of war because the war for our land has never ended. We want them out of our land. We live under military law which is enforced by the army. The government hopes that we will die out. Our people continue to be disappeared.
Those who take an oath to the foreign autocrat King Charles and his corporations [Canada}, ancestors and heirs forever can either leave on the ship with their masters or they can rescind that oath and take a new one to the onkwehonweh. It is still legal for the government to kill indigenous people. Canadians need to follow the natural law also known as the great peace of this land. Their Admiralty Laws are enacted to protect them from their crimes so the perpetrators will never be held responsible.
Canadians want to celebrate the end of the Indian problem which is that they occupy Indian land free of indigenous occupation. They rely on the ‘Doctrine of Discovery ‘ for their false occupation of our land.
The first Prime Minister John A. Macdonald wanted to make us ‘white’. He failed so he set up the “Indian Plan”. Now it is in the hands of prime minister Trudeau and his gaggle and are now the biggest criminals in Canada. They have never condemned these criminal laws and policies. In 2024 they will do it.
Mr. Trudeau, I invite you to explain how is it possible to have these genocide laws on the books? You are just another prime minister criminal that we have to deal with. Aren’t you and everyone who gets a benefit from the murders of and theft from our people embarrassed by this legislation enacted to kill us? You and everyone who benefits from these murders is guilty.
And then to bring in and praise a Nazi to remind us of who owns the corporation/dominion of Canada. The Admiralty Law and all of their courts are no longer valid because they get their right to exist from the Doctrine of Discovery which never existed in the first place. Canadians got away with murder by classifying us as non human beings with only the rights of an animal.
We cannot reconcile with murderers. 2024 will be the best year for us and the worst year for the corporate entity called Canada.
Nobel Laureate, Bob Dylan, hammers the message home: “Come, you Masters of War. You that build the big guns. You that build the death planes. You that hide behind walls. You that hide behind deaths. I want you to know I can see through your masks… I hope that you die and your death will come soon. I’ll follow your casket in the pale afternoon. I’ll watch while you’re lowered onto your death bed and i’ll stand over your grave till i’m sure that your’re dead.
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It’s detrimental for them to continue their ‘denialist’ approach. They dismiss what the search dogs found. Then they used mechanical sifters to break up the soil so that the bones could not be identified so it cannot be established as to whether they are human or animal. The material is now too fine to identify.
