|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)
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.
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.