MOHAWK MOTHERS GRANTED – INJUNCTION OCT 27/22

kanien’kehá:ka kahnistensera (Mohawk Mothers)

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November 14, 2022

Update on next steps – Mohawk Mothers vs SQI et al.

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On Thursday October 27, 2022 at the Quebec Superior Court, Montreal District, the Kanien’kehá:ka Kahnistensera (Mohawk Mothers) made history as Justice Gregory Moore granted an interlocutory injunction to immediately halt “any excavation in furtherance of the redevelopment of the Allan Memorial Institute or the Royal Victoria Hospital” until the parties have completed discussions regarding the best archaeological practices to be used.

 

 

This landmark decision was the first time in Canada that self-represented Indigenous people won an injunction without using attorneys and based on their own governance system, the Kaianerehkowa (Great Peace). In court, the Mohawk Mothers were facing numerous adversaries including top lawyers from McGill University, the Société Québécoise des Infrastructures (SQI), the McGill University Health Center (MUHC), the Royal Victoria Hospital, the City of Montreal, the Attorney General of Canada and the Attorney General of Quebec. 

 

Kimberly Murray, the Independent Special Interlocutor appointed by the Federal government to determine a new legal framework to address the unmarked graves of Indigenous children that are currently found throughout Canada, also joined the case as a “friend of the court”,  represented by lawyers Julian N. Falconer and Daniel Worme.

 

Justice Moore’s court order was issued on the basis of the plaintiffs’ (Mohawk Mothers) concerns that Indigenous children were used as test subjects in medical experiments at the Royal Victoria Hospital and were buried on the site scheduled to be redeveloped. These concerns were based on both archival evidence and witness accounts, including the first-hand account from Lana Ponting, an 81 year old survivor of the CIA-funded MK-Ultra mind control experiments that took place at the Allan Memorial Institute, the Royal Victoria Hospital and McGill University’s department of psychiatry. In addition, the Mohawk Mothers pleaded that the land is the exact location of the precolonial Iroquoian village of Tekanontak (Mount Royal), and was used as a burial site before the arrival of Europeans, which warrants the necessity of using appropriate archaeological means to preserve the history of Iroquoian peoples.

 

Throughout the hearing on October 26th and 27th, the defendants and promoters of the redevelopment project used an array of technical and legal arguments that attempted to convey the idea that the plaintiffs were

(i) in the wrong forum to lay their claims as other administrative processes exist for such questions in the province of Québec;

(ii) that the promoters have not broken any laws and are respecting the Quebec Heritage Act, which the plaintiffs ask to be declared unconstitutional at the future merits stage of the court proceedings, because it considers Indigenous heritage as the property of Quebec and does not include any mandatory consultation of Indigenous people regarding their heritage;

(iii) that most of the evidence submitted by the plaintiffs and the Special Interlocutor Murray, including the Truth and Reconciliation Commission’s report, was not eligible for technical reasons; and

(iv) that the six plaintiffs did not represent the Mohawk people – which the plaintiffs esteem as there is no “power of attorney” in Indigenous culture, where every individual is free and self-represented.

 

The Mohawk Mothers emphasized that it is their cultural duty to caretake their traditional territory and the children of past, present and future generations. They also argued that allowing excavation work on the site would cause irreparable harm to their identity, history, and trust as Indigenous people. They also stressed that the situation was urgent because all the other existing means to make their concerns heard were exhausted to no avail. As a matter of fact, the shovels had already broken the ground two days before the hearing with archaeological excavation starting in front of the hospital’s Hersey pavilion – an act which became illegal when the court ruling was issued. 

Justice Moore’s ruling, available online, acknowledged that the balance of convenience favored the plaintiffs, who would “suffer irreparable harm if the excavation work is not suspended for the time it takes to develop an appropriate archaeological plan to identify any unmarked graves”, following the best practices determined by the Canadian Archaeological Association. The ruling thus invited the parties to “speak out of court to settle their differences on an amicable basis”. The promoters were reminded of the Royal Victoria Hospital re-qualification project that the Call to Action 76 of the Truth and Reconciliation Commission encourages “public and para-public institutions like McGill University and the SQI” to respect the following guidelines:

“i. the Aboriginal community most affected shall lead the development” of the investigation;

ii. Input must be sought from Survivors and Knowledge Keepers in developing those strategies;

“iii. Aboriginal protocols shall be respected before any invasive technical inspection and investigation of a cemetery site”. The ruling also ordered the defendants to fund the investigation. 

 

Throughout the next months, the Mohawk Mothers will thus be working on developing an archaeological plan which they will submit to the other parties for review one month before the next case management conference with Justice Moore, in January or February 2023. The plan will follow the best practices determined by the Canadian Archaeological Association for searching unmarked graves, drawing on non-damaging remote-sensing technologies to assess what is under the soil without disturbing the remains, and basing the investigation on archival research and interviews with survivors. Kanien’keha:ka longhouse protocols will be followed throughout the process, which will also involve traditional knowledge keepers from other Indigenous peoples, whose own protocols regarding burial sites must also be respected. The Kahnistensera are looking forward to developing a comprehensive archaeological plan which will do justice to their families, ancestors and to all survivors of colonial violence. 

The humming of Sam Cooke’s  “It’s been a long time coming/ But I know a change is gonna come” resonates across Tekanontak, as the Kahnistensera’s legal endeavor makes changes for the children yet to come never to be denied anymore. Fear will be overcome, and the path will be cleared for Onkwehonwe to live in peace on their our land, as creation intended.

Kanien’keha:ka Kahnistensera, Kahnawake

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To help the Kahnistensera, donations can be provided at the following address: https://mohawknationnews.com/blog/2022/09/17/help-the-mohawk-mothers-protect-unmarked-graves-audio/

More articles on the court hearings:

McGill Tribune – Tuesday Nov. 1, 2022

APTN News –  Friday, Oct. 28th, 2022

Eastern Door – Friday, Oct. 28th, 2022

Eastern Door – Monday, Nov. 7th, 2022

CBC News – Friday, Oct. 28th, 2022

ICI Radio-Canada – Vendredi 28 octobre 2022 (Fr)

Le Devoir – Mardi 1er novembre 2022 (Fr)

City News – Wednesday, Nov. 2nd, 2022.

KAHNWAKE MOHAWK MOTHERS BLAZING A TRAIL

 

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MNN. Nov. 8, 2022. So glad this came out in the Eastern Door of Kahnawake. This is what is known as ‘balanced’ writing. 

Mohawk Mothers blazing a trail

JOHNNY CASH explains the kahnistensera’s situation pretty well in his song when the mother keeps telling the son not to take their guns to town. They don’t listen to their mother and end up dead. 

[Verse 1]
A young cowboy named Billy Joe grew restless on the farm
A boy filled with wonderlust who really meant no harm
He changed his clothes and shined his boots
And combed his dark hair down
And his mother cried as he walked out

[Chorus]
Don’t take your guns to town son
Leave your guns at home Bill
Don’t take your guns to town

[Verse 2]
He laughed and kissed his mom
And said your Billy Joe’s a man
I can shoot as quick and straight as anybody can
But I wouldn’t shoot without a cause
I’d gun nobody down
But she cried again as he rode away [chorus]

[Verse 3]
He sang a song as on he rode
His guns hung at his hips
He rode into a cattle town
A smile upon his lips
He stopped and walked into a bar
And laid his money down
But his mother’s words echoed again [chorus]

[Verse 4]
He drank his first strong liquor then to calm his shaking hand
And tried to tell himself at last he had become a man
A dusty cowpoke at his side began to laugh him down
And he heard again his mothers words [chorus]

[Verse 5]
Filled with rage then
Billy Joe reached for his gun to draw
But the stranger drew his gun and fired
Before he even saw
As Billy Joe fell to the floor
The crowd all gathered around
And wondered at his final words 

[Chorus]
Don’t take your guns to town son
Leave your guns at home Bill
Don’t take your guns to town

ka***********@ri****.net

 

INDIGENOUS BAR ASSN. ADDRESS – OCT. 14, 2022

 

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MNN. Nov. 2,2022.

 

TRUDEAU: “I APOLOGIZED FIRST!”  

POPE: “YEAH, BUT MY APOLOGY IS BIGGER THAN YOURS!”

 

October 14, 2022.

HOW CANADIAN PRIME MINISTER TRUDEAU

& THE POPE’S ADMISSION OF INDIGENOUS GENOCIDE CALLS FOR A

PARADIGM SHIFT.

The Pope came last July 2022. Lots of commotion. In the plane that was bringing him back to the Vatican, a young journalist from kahnawake asked him about genocide. He ended up admitting that what happened to us was genocide. As far as we’re concerned the cross on top of tekanontak mount royal is an admission of genocide. The term ‘genocide’ has legal consequences. Such as removing genocide regimes in Rwanda, Germany, Srilanka, South Africa and now Canada.

The whole legal genocidal framework of Canada has to be done away with. Only kaianerekowa can protect us. We have a way of life that is real. We don’t have an illusion of freedom. The circle of the family wampum does not allow the power of an attorney to represent us. Everyone is sovereign, tewatatewennio. No one can speak for someone else. No one can make decisions for another. There is no power of attorney.

Judge Moore’s decision recognizes our way of self-representation. We are finally  able to raise the issue of the murders of our children and their disappearances. The business plan for the corporation of Canada is to carry out the genocide of the onkwehonweh, the original people of turtle island, as if we never existed.

I am kahentinetha, wakskarewakeh, bear clan. I live in the Prisoner of War Camp known as Kahnawake. I am not a citizen slave of Canada. Our culture comes from creation and we are free. The rotinoshonni live in a way that the United States, Canada and Britain do not want. We don’t own onowarekeh, turtle island. Turtle island owns us. To enslave us we were cut off from everything that is natural and our right to choose as we wish to live.

Today those who study law learn a set of ever changing man made rules under the Admiralty Law of the Seas system. We were aware when the first law of the seas ship approached our land, as it brought Admiralty Law to take our land and eliminate us. That is why we developed the guswentha, two row agreement. all land and water is ours. We stay in our canoe and the invaders stay on their ship. We realized they brought with them a land grab and killing culture. We shall always stand with the truth wherever it leads. We ask all those reading this to stand and use their own judgment and let the truth guide you. Those who make the laws of Canada benefit from what they stole from us and from hiding their crimes and murders. 

We are not governed by man made law. We are free with our own constitutions, our own minds, our own structures and systems that came from time immemorial.

There is no sense in being a British colony or run by a European banking and court system. We have to assert or natural way, our birthright. Parliament and the courts work together to implement, interpret and run a corporation for the profit of a few shareholders of the Crown. It’s time for the people of Canada to finally vote on whether they need a king, governor general or a privy council. We natives will never swear to foreign monarchs. We pursue justice for the crimes committed against our people and our lands. 

All corporations are artificial entities. Our birth certificate forced on us makes us a corporate, artificial entity. We can’t get a bank account number without a social insurance number. In this artificial world that has been created, the bankers own all the people in their municipalities.

Being a part of creation we must do what we are suppose to do.  In essence we kahnistensera Mohawk Mothers are acknowledged as the “caretakers of Mount Royal, tekanontak, that we may represent ourselves and care for turtle island for the future generations”. [The Quebec Superior Court #500-17-120-468-221]:

We went to court as individuals who have a personal responsibility to watch over our traditional territory of the kanienkehaka people and to protect the children of the past, present and future. We protect the public interest when we fulfill our individual obligations. We are concerned that the forthcoming renovation of the Royal Victoria Hospital and the Allen Memorial hospital will disturb or destroy unmarked graves and indigenous artefacts. We want them to fund an independent forensic archaeological investigation lead by us.

Tekanontak is part of our inalienable traditional land which has been stolen and then bought and sold many times. Our land can’t be sold as it belongs to the unborn children and we are the caretakers. We declare that McGill University and the AGC have committed crimes against humanity by funding and conducting the MKUltra and other mind control programs on indigenous people. Our hearing is on October 26, 2022. We wish to watch over the traditional territory of the kanienkehaka peoples and to protect our children. The court has confirmed that we will represent ourselves.

On October 5 McGill, Quebec and Arkeos demonstrated what they call “consultation’. At 6.00 they “invited” indigenous people from throughout the confederacy to attend an information meeting at the Golden Agers Club in Kahnawake to be told about the renovation. Around 12 white McGillers came. Five indigenous people were paid to be there. No one else got an invitation. It was more like a Mcgill, Quebec and Canada Dog and Pony show. Two Mohawk Mothers went to this private meeting . Unmarked graves were not mentioned. The Mohawk Mothers asked direct questions like “Where are the buildings where McGill murdered our children” and “Where are the bodies of our children?”

Their reaction was to get a band councillor of the Canadian government to call the Kahnawake police to force us out of the building. The next day McGill reported by zoom McGill that a wonderful meeting was held at the 207 longhouse attended by a huge number of people. The McGill Board of Governors immediately gave the contractors the authority to start constructing the Royal Vic project. 

Nothing has been on the media about how they are disrespecting the indigenous people. Indigenous rights are acknowledged by sections 35 and 52 of the Constitution of Canada 1982. 95% of indigenous are those recognized by creation. Section 35  provides that the existing aboriginal rights of the aboriginal peoples of Canada are hereby recognized and affirmed. Meaning kaianerekowa and other indigenous laws are the law of the land as they supercede all corporate laws of Canada. 

This matrix placed upon our land is toxic, artificial and unsustainable as it goes against the laws of nature and kaianerekowa. We have land, children and nature that are real. Not man-made reality. 

Connie Francis is singing about a phone call from Justin Trudeau to his Papa:

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MOHAWK MOTHERS COURT VICTORY Oct. 27, 2022

MNN. 31st October 2022, 

Just got the judgement from the Quebec Superior Court:  

Ka***********@ri****.net

MOHAWK MOTHERS: EXCAVATION STOPS & INJUNCTION STARTS

 

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QUEBEC SUPERIOR COURT DECISION –  JUDGE GREGORY MOORE. OCT. 27, 2022. THE ORDER :

 

MNN. Oct. 28, 20220.We are happy to announce yesterday’s successful court decision for the Mohawk Mothers in #500-17-120-468-221 kahentinetha et al v. Societe quebecois des infrastructure et al. This landmark decision halts all excavation work at the Royal Victoria Hospital site. This is the first injunction granted to self-represented indigenous people based on our way of representing ourselves, using our great peace to achieve concensus.  The judge decided that the two parties shall spend 4 months together to do this but will convene out of court to determine together the best archeological practices to respect the land and remains. 

Judge Moore decided that both parties will use good relations and dialogue to achieve concensus the way kanienkehaka achieve it in the longhouse.

Mohawk Mothers will continue to represent ourselves. 

Kimberly Murray, the newly appointed Interlocutor on Unmarked Graves in the case is forming a new legal framework for dealing with unmarked graves and the genocide of our children.

We have demonstrated a strong possibility that  our children and others were experimented on and murdered at Royal Victoria Hospital. This ruling is a start in the right direction towards a new legal framework consistent with the two row wampum and kaianerekowa.  

This is a turning point on Canadian legislation so indigenous people and the legal system can foster a new relation based on respect and dignity. Once McGill is transformed by this new relationship with onkwehonwe, other institutions will take inspiration and also be transformed.  

The court decision will be posted on Mohawk Nation News as soon as it is available. If they understand our process, we will come to one mind.  The judge saw that it is time to find another way to deal with what happened to our children by using this ancient process of the longhouse.

Shorty Long “Here Comes the Judge”Niawen to everyone who helped us accomplish our duties and responsibilities as kahnistensera.

Shorty Long sings, “Here comes the Judge”: Here ye, hear ye, the court’s in session, the courts in session. Now here comes the judge. Here comes the judge. Stop eating that fudge, cause here comes the judge. Dont nobody budge, cause here comes the judge. Judge Shorty is presiding today and he don’t take no stuff from nobody. No kind of way. Hey boy take off that hat. Where do you think you’re at. I know were you’re gonna be if you don’t heed my plea. Court’s in session. Order in court. Now court can’t nobody smoke cause here comes the judge. Here comes the judge.

MOHAWK MOTHERS GRANTED INJUNCTION

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HAIL MARY PASS

 

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She:kon everyone. We are bracing for the hearing tomorrow at the Quebec Superior Court while the excavators and backhoe are already digging up our land at the Royal Victoria Hospital. We want to thank everyone that supported us in our struggle to protect our land and children. We will post updates shortly. Stay tuned.

Kahentinetha

p.s.: I have been notified that I have made a factual mistake at a recent speech at Concordia by stating that the minister of Crown Indigenous Relations Mark Miller had served in the Canadian military in the Oka crisis. While Miller was effectively an infantry commander in the Canadian Army Primary Reserve, he was not present in Oka as he was 17 years old and his military duty was allegedly peeling potatoes. I was misinformed, and if the Prime Minister and the Pope can apologize, so can I. kahentinetha

As Late Kurt Cobain apologized for leaving this world, 

What else should I be?
All apologies
What else could I say?
Everyone is gay
What else could I write?
I don’t have the right
What else should I be?
All apologies

MOHAWKNATIONNEWS.COM 

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MOHAWK WARRIOR SOCIETY BOOK LAUNCH

MNN. Oct. 20, 2022.

We are due in quebec superior court at 9.00 a.m. on Wednesday, October 26, 2022 for our attempt to get an injunction to stop the excavation of McGill’s Allen Memorial Institute and other areas of tionni tiotialkon and tekanontak, now called Mount Royal, where there are serious suspicions of unmarked graves of our indigenous children. 

This is a book about Louis Karonhiaktajeh Hall of Kahnawake and other areas of kanienkehaka’onwe. Niawen’kowa.  

 

 

kahnistensera@@riseup.net