Native Judge Rules

BRITISH COLUMBIA HAS TO RESPECT TRADITIONAL GITANYOW GOVERNMENT - How Wii’litswx put “ the Crown” in its place! JUDGE TEKASTIAKS SAYS, “RIGHT ON!” MNN. Aug. 31, 2008. Canada is a colonial state and Canadian law is topsy turkey! The Indigenous hurricanes are coming. The Canadian levee has been breached. One of the last judgments of Madam Justice Neilson at the Supreme Court of British Columbia admits that the traditional Gitanyow government and social order has to be respected. Judge Neilson has just been promoted to the British Columbia Court of Appeal. There’s no doubt now. Her reasoning should stand unless Canada torpedoes it with another fit of the D.T.s [delirium tremens]. Why did this happen? The colonizers rely on the same earthly elements as we Onkwehonwe. The environment’s in a shambles. The air is polluted. So is most of the soil. We’re living on the last 10% of the fish in the oceans. We’re using up oil, gas and lumber like there’s no tomorrow. Everyone’s scared. Some members of colonial society are starting to wake up. If their destructive mania does not stop soon, we’re all doomed. Let’s take a look at Judge Nielson’s reasoning in Wii’litswx v. British Columbia (Minister of Forests) [2008 BCSC 1139].(You can find the full text by Googling “Canlii”). What did she do when the B.C. Ministry of Forests gave out timber licences on Gitanyow land without Gitanyow consent? Our nationhood has been violated by illegal timber licences ever since 1888 when Britain’s Privy Council decided St. Catherine’s Milling and Lumber Company v. The Queen. The colonizers didn’t consult the Saulteaux before deciding that the right to timber licences on Saulteaux national territory belonged to Ontario’s provincial government, not Canada’s federal government. As if! Neither colonial government had a right!! Britain’s Privy Council specifically said that it was not determining “the precise quality of the Indian right”. The colonizers relied on a legal delusion. They pretended that “Indians” had only a “personal and usufructuary right dependent upon the goodwill of the Crown”. What? We never heard of the Crown before contact. Our rights don’t depend on the Crown that came to town! St. Catherine’s Milling implicitly gave Ontario permission to manage Saulteaux resources. This was illegal. There was no explanation as to how the British Crown got jurisdiction in the first place. But the colonizers went crazy and their scramble for Indigenous resources escalated. The colonial pillage has continued for over a century. A few Canadian judges are beginning to come to their senses. They have finally recognized that we were here first. Wow!!! They finally found their glasses!!! The Supreme Court of Canada decisions in Haida Nation v. British Columbia [2004 SCC 73 (CanLii)] and Taku River Tlingit First Nation v. British Columbia [2004 SCC 74 (CanLii)] are still trespassing wholesale, but they have finally recognized that there is a “duty to consult” us before they take our stuff. (We’ve been saying this all along). Canada’s economy is totally dependant on stealing our assets – the resources that we hold in trust for our coming generations. That has to be the main reason why the “white” settler states have refused to sign the United Nations Declaration on the Rights of Indigenous Peoples. This ploy does not get them off the hook. They’ve signed all sorts of treaties and accords agreeing that humans are equal. They have to start doing this in practice. Wii’litswx gets down to the nitty-gritty. It forces them to take a first step. The text on Canlii is long and tedious. “Chief Justice Lamer described the import of s.35(1)…blah, blah,blah”; “The difference between the TSA and the TFLA is…blah, blah, blah”, “Sections 16.3 and 16.4 acknowledge that…blah, blah blah”. It’s got lots of quotes about Whereas, LUP, MoF, GFA, SRMP. 45 pages of dense bureaucratese!! You have to wonder. How did the Gitanyow manage the forest and turn it into an internationally coveted resource without using a single sheet of paper? Judge Nielson pointed out that there was “a long and troubled history of over-logging and unfulfilled silviculture obligations on Gitanyow traditional territory”. The Crown agreed that it had “a duty to meaningfully consult with the Gitanyow in good faith and to reasonably accommodate its concerns and interests”. It ignored them. As the judge said, “Meaningful consultation and accommodation” is more than just “thorough discussion”. She found that the Ministry of Forests should have come up with a plan “endorsed by the Gitanyow”. We can’t agree with her here. It is Gitanyow territory. It’s their right to decide whether foreign corporations can cut their trees. Judge Neilson recognized that the Gitanyow thought that ratification by their “Heredetary Chiefs” was essential. She said the Ministry of Forests could not issue the forestry licences without their opinions. This is confusing. British Columbia can’t prove its jurisdiction. It’s Ministry of Forests doesn’t have authority to issue any licences at all. Wii’litswx did not discuss why the government of British Columbia was giving licences to lumber companies that extract rare resources for private benefit. It disregarded the needs of the people who actually live in British Columbia. However, Judge Neilson did discuss the stumpage fees that are paid to the provincial government by the corporations for the trees cut. The evidence showed that the Gitanyow claimed 50% of these fees. The Ministry of Forests’ tried to get away with paying a few hundred thousand dollars, using their own per capita formula. Judge Neilson did not accept their idea that this was “economic accommodation”. She’s was right on here! From a Haudenosaunee perspective, Wii’litswx has a few good points. It is also disappointing. Why should the Gitanyow have to negotiate with a bunch of in-migrating colonists for “the right to harvest wood for domestic purposes”? It is their land and their wood!! Judge Neilson did recognize that the Gitanyow’s clan-based Wilp system and boundaries are “an integral and defining feature” of their society. She supported the Gitanyow’s right to decide for themselves how to structure their laws and institutions. This is a departure from the Supreme Court of Canada’s practice of setting out good principles at the beginning and violating them in its final decision. Like when it says ambiguities should be determined in favour of “the Indians” and then decides that these same “Indians” don’t know how to interpret their own culture. It’s time for the colonial junkies to kick their thieving habits. “Most are so stoned they’ve hit rock bottom and don’t even know it!” [A quote from Judge Tekastiaks “She-calls-it-like-it-is”]. Judge Neilson pointed out that recognition of Indigenous economic rights would have “wide-ranging repercussions for all citizens of British Columbia”. The joint planning process required is “evolutionary and long-term”. But if they don’t respect our rights, they are going to kill themselves. She did not quash the illegal licences. The Gitanyow had already agreed to let the licensees continue to operate. [Band council sell outs again!] Judge Neilson invited further submissions on what to do. The traditional people can file a written objection to the Court. In effect, the judge has already invited them. Back here on Kanienkehaka territory, we are in another world with rotten and out-dated judicial reasoning. Wii’litswx relied on Mitchell v. Minister of National Revenue [2001, SCC 33 (CanLii)] for the false idea that the Canadian Constitution aims to reconcile prior Indigenous occupation with “the Crown’s assertion of sovereignty”. This can’t be reconciled. There is no proof that the Crown’s sovereignty is legitimate anywhere. Mitchell was decided before Haida and Taku. It said nothing about how we were not consulted on the invention of Canada or the phony border that divides Akwesasne. It concludes that even though the people of Akwesasne were living on islands in the river long before the invasion by colonists, they never crossed to the north shore to trade for anything!! This is ridiculous! The Supreme Court of Canada seems to think that if you live on the part of Akwesasne claimed by the United States and you want to give your old washing machine to your sister who lives on the side claimed by Canada, you have to pay duty to Canada. This makes no sense! The imposed boundary that runs through the middle of Akwesasne makes normal life impossible. Canadian officials use this as an excuse for abuse. Sadistic Canadian Border Service Agency guards are constantly stopping, harassing and assaulting our people. [Judge Tekastiaks suggests, “The white people should have a “white lane” like we do except with Indian border guards”.] The “meaningful and reasonable process of consultation” relied upon by Judge Neilson in Wii’litswx is no where to be found in Canadian relations with the Kanienkehaka. Canadians have to start being lawful people. Every square inch of Turtle Island belongs to the Onkwehonwe. Canada and the United States have to sit down and talk with us if they want to survive the greedy and destructive habits they brought here.

Economy Revisited

“HOLD ON! INDIGENOUS PEOPLES!”. IT’S GONNA BE A ROUGH RIDE. THE INTERNATIONAL ROBBERY OF OUR TERRITORIES & RESOURCES CONTINUE FOR NOW! MNN. Sept. 25, 2008. Who would have thought that artificial economies and their worthless paper currencies, based on theft of Indigenous resources, would come tumbling down? Greed and oppression can’t go on forever. These foreigners have been wheeling and dealing with goods stolen from us. Remember, they came here with nothing! Every inch of Onowaregeh, Turtle Island, they stand on is unsurrendered Indigenous territory. We are the caretakers. We will never give it up.These colonial money grubbers never treated us right. They killed, hurt and weakened us and then took advantage of us. It looks like payback time. Nature is getting even. The natural order has to be restored. The people have to face up to what they’ve done or allowed to be done. The rape and pillaging of our mother earth has to stop. She has to be cared for. Yes, it looks like we Indigenous will have to hang onto our hats and ride out the storm. We are still the trustees of everything over, on and beneath the land. We still have our lives. We still have our families. We still have the future generations to look out for. These rapacious thieves did not take care of mother earth as we did. They plundered her for instant pleasure and then moved on without thinking of the future. The colonists think they have to “conquer” nature and its caretakers, us. What are they afraid of? The European throngs swarmed to our territory for deceptive ends. The so-called “conquest” of the “New World” was a European concoction. These pirates embezzled the “ownership” our property and forced people into slavery to work for them for next to nothing. Onowaregeh was occupied and ruined by a class of white European men who set up an individualistic capitalist exploitation system. Even when they charged over here for the “gold rush”, they had no concept of leaving anything for the future generations, or even of sharing with anybody. The few elite made products with our resources, sold it and set up banking and monetary systems that were backed by the gun. Their highest ideals were racism, individualism, greed, grabbing other people’s property and accumulating more wealth than they needed. The driving feature is that the white race is superior and could enslave and kill Indigenous people. The lower order “settlers” were infected as well. They have a similar mentality of exploitation and victimization. Anyone who came here could grab our land and make a homestead. Today settler society is divided between the “parasites” and those who worked for them. Developers have been putting up our unceded territories as collateral on the stock exchanges to raise billions of dollars from the public. This is fraud. The U.S. economic system is based on stolen Indigenous goods, lands and resources to prop up its ailing dollar. Countries worldwide accepted the U.S. dollar as the international currency. Now they have to work together to keep this whole fake economic engine going. If they bring it down it will bring chaos to them. Their economic fantasy is that they think they can endlessly put value in the circulatory process they’ve created. They steal everything, create nothing and sell it to each other. The U.S. and Canadian production bases have been totally eroded. The reality is that you can’t consume what you don’t produce. The colonial entities have to take what they need through force, like oil from the Middle East. The dollar has to be back with armed force to steal other people’s resources. It’s all inter-connected. The corporations sell ‘air’ at inflated prices, paid for with worthless paper money based on “faith”. Wall Street is based on greed, investing money and watching markets here and there. The U.S. government looks desperate. They fear their delusional bubble will burst. The oligarchs have made an exit plan to run away with suitcases of money. When the Russian Czar’s regime went down in the early 1900s, people fled with cash that was later worthless. The Wall Street oligarchs have an army to cover their tracks.Despite the propaganda, the people are going to be alright. It can always get worse. The deprivation can go to a deep dark end. We need to resist their dire threats of medieval retrogression to torture chambers, burnings, hanging, drawing and quartering and impaling. It doesn’t have to happen. Now the U.S. government is going to take money from the taxpayers and give it to the bankers who caused the problems in the first place. When the people go to the bank to borrow money they will be told, “There’s no money. We had to give it to our banker friends.” The U.S. visible and invisible government is trying to control all the land and housing. Instead of charging them with criminal acts of treason and conspiracy, the buy-out is going to the head gangsters. The drafter of the buy-out is U.S. Secretary of the Treasury, Henry Paulsen, who worked for Goldman and Sachs on Wall Street for 35 years. According to the package, once he gets the money, he is not accountable. He is beyond all courts and legislation. This is a reversion to the “divine right of kings”. They want total control over society, a “coup d’etat”. The “wrecking ball” scenario is based on fear, intimidation and blackmail. The 3rd Infantry Division of the 1st Brigade Combat Team is being brought back to the U.S. from Iraq in case there’s a public “fall out”. John McCain suspended his election campaign. Next the constitution will be suspended. The election could be pulled. There will be no discussion or debate. An immediate decision on the package is being forced to serve the needs of the oligarchic ruling elite. The U.S. is the leading imperialist. Presently with outsourcing, unemployment, housing foreclosures and economic and social problems the base for consumption is getting narrow. The industrial base is shrinking. Its main production is military weapons, armaments and surveillance equipment. Scientific and technological research is aimed at creating more lethal weapons to kill innocent unarmed people. The second seller is high end luxury goods to a narrow elite market. The basic necessities of the majority is neglected more and more. The economy is being hallowed out through impoverishment and ruination of people. Other states are still tied to the U.S. monster. They are making new arrangements to separate themselves from this world crisis. The public is crying out for major change to end the colonial racist greedy system. They have to look at Indigenous culture and harmonize their society with ours to survive. They need to renew all their arrangements with us to live, think and govern themselves so that the parasites are pushed aside. Sacrifices are necessary or humanity will destroy itself. There is another world, a world of resistance. Our fate rests in our own humble hands. Indigenous people have survived. We kept our philosophy, our notions of governance, our duties to mother earth and our way of life which was terribly damaged. We have been able to resuscitate it and bring it back to a healthy life. We all have our strengths. We have an enormous evolved consciousness. People are beginning to see through this capitalist fraud. Do U.S. President George Bush, Republican candidate John McCain and Democratic candidate Barack Obama want to really re-arrange the economy and society on a new basis? Do they want to dig up the roots of the colonial past and harmonize relations with the Indigenous people and mother earth? Throughout, the colonists and their banker backers thought they could just ride rough shod over us while they devastated the planet. We are still here because we always resisted.

The political divisions among community members and its effects...

For some time now the 'Longhouse' people have been divided in beliefs resulting in the splitting of the house. This is due to some say 'Handsome Lake', and others say disagreement of ideas. Well, if these people are to get anywhere they need to put the petty diffrences aside and work together and carry-on the way our ancestors did not so long ago. There is much at stake here regarding land, rights, education, health, and overall wellbeing of the generations to come. The ones who are to take the reigns are not in place yet and if they are then they better get a move on and start somewhere. As far as I see it the way things are going we are where the government wants us to be; trapped and fighting amongst eachother. Divide and conquer, that's the motto. Hence the blood count with bogus percentiles!

As far as I'm concerned the government owes the First Nations half of all monies made from the natural resources they stoled and sold, full right to free and compensated education due to their "colonization" tactics, full medical coverage since they like to infect with foreign deseases, and full coverage of medications perscribed and not the "generic brands" they issue by 'Indian Affairs' making Natives lab-rats. The right to live anywhere they want on Turtle Island and not stuck in one spot (concentration camps) including maintaining all rights no matter where they reside. Hunting and fishing rights shouldn't even be a question of having to get a permit...as if!
There are other things as well, but I'll leave it at that for now.
Its like a divorce but not really!

Why aboriginal leaders should have an education...

This past friday, the Grand Chief of my community of Kahnawake was doing the 'MCK friday' political corner on K103.7fm radio. I called to ask the question "should Natives vote in the upcoming federal election?". His answer, "no, its not our place and I don't believe we are part of that system". What kind of answer is that? Out of 10,000 community members only 1,100 people (family members of the candidates) vote for "band council" elections. The band council system is enacted under the 'Indian Act', that racist piece of legislature that says Natives are not able to make their own decisions and are considered "wards of the state". Its a foreign entity and he's part of that entity. So therefore, its an oxymoron. He's an idiot! My second question was under what constitution was he enacting all these new "Mohawk laws and community hearings", he answered ILLC. The correct answer was a possible of two choices, the Canadian Constitution or the Kaienerakowa (Great Law), under which he has no authority to act on. His answer came from a form of corporate law...This is not "leadership", this is dictatorship and idiotic. How are the people supposed to exercise rights if they are told not to do something that will benefit them in the longrun? Even if its not "our way", we have to take everything that we got to fight for what little we have left. Please NOTE: The Indian Act allows for a "band council" system, making Natives "puppet leaders". The so-called leaders do nothing but embezzle monies for themselves and their personal enterprises, leading to an abuse of "rights" given under the 'Indian Act'. The supposed "self-governance" entrusted to First Nations is carried out in such a way that major enterprises and illicit indutries are "legally justified" under "Traditional Law" which is bull. Whatever suits their purpose for those times is what they consider "law" to benefit and gain monetary status off the backs of those who get nothing in return.So who's line is it anyways? No wonder why the Grand Chief said not to vote in the Federal elections...if Natives vote for the Federal government, then there is no need for a band council!I rather have no "band council" system and eliminate the bureaucracy to save money and go back to having the 'Indian Agent' (as long as its another Native with brains)to deal directly with the government instead of a bunch of nepotistic criminals protected by their own "laws", making us all look bad.

Finally someone is trying!

In the debate this past week the NDP has acknowledged the needs for the First Peoples, and has done the right thing in addressing these issues. Obviously it turned into an attack on Mr. Harper which turned in his favor from what I hear. Perhaps addressing these issues means nothing to the average Canadian but it means alot to the First Nations. As far as the Conservatives/Liberals go they are the oppressive governments of past and present. I personally would like to see a change in government with real democratic values. People are so caught up with destroying eachother's image and worrying about the economy however, that's not what is going to feed your children when they are hungry. Natives always lived off the lands and waters, now they are becoming poisoned and seeds are biochemically engeneered to produce once so that people depend on the government to supply them with food. When Natives take a rightful stance within governement forums and have proper repesentation then Canada will see major changes in the way things function around here. The First Peoples did not creat the nightmare politicians are losing their hair over, that's their problem. All the greed is finally catching up; the U.S. can only run on I.O.U.'s for so long, Canada is next in line. All the resources that were here upon the arrival of the Euro-settlers was a gold mine to them essntial to their survival here as well as overseas. First Peoples were almost exterminated but managed to survive and learned the games they play. Now the time has come to address eachother, fix what needs to be fixed, and then worry about the rest of the world. It would be ignorant to go into someone else's home and critisize them when your own house is a filthy mess.

And we wonder why?!!!

Just wondering if anyone knows about the Battle of Chateauguay, The Lachine Massacre, Wounded Knee 1 & 2, Sitting Bull, Crazy Horse, the story of Geronimo, and the Trail of Tears. These should help draw the out-line of what the First Nations have had to deal with not so long ago. Also, the residential schools from the 1800-1980's. This is where Native children between 5 and 16 were puposely infected with tuberculosis, sterilized under x-ray exposure according to Canada's Charter 59 of 1933 (Sterilization Act), and were psychologically tortured.Mothers had to sign away their children to the state or be arrested and have their children taken anyway. My maternal great-grandmother fell victim to this in the 1930's. She spoke no English or French, only Mohawk. She was a 'bear clanmother'. Her children raised according to orthodox customs and spoke no english or french either. She didn't understand why her children were taken from her. My maternal grandfather escaped and made it back home from the 'Spanish Residential School' in Ontario. My paternal grandfather was severely abused by the Catholic priests in the local school, as well as my older aunts and uncles. Their hair was cut, they were forbidden to speak their language (kanienke:ha, aka Mohawk), and were randomely beaten for fun. These cycles of abuse are in the healing process now.We wonder why Natives have issues? The 'Scalping Proclamation' of 1789 or 98 adds more fuel to the fire. There is still a scalping proclamation in the U.S.(Me), that congress never took out of the books yet. Now is this how you treat people and expect them to like you?! Now we see the Innu on the streets of Montreal, wandering around aimlessly trying to make sense of where they are and what they want out of the surreal life they see on TV, movies and music videos. Beer is like 200$ for a case of 24, 60$ per gram of marijuana, and we wonder why they lose their minds when they come to Montreal when the beer is like 5$ a pitcher and 10$ per gram of marijuana! Of course they're going to take advantage! Then strange people in blue uniforms (MUC) come to take them away when they try to walk to where they are staying and become criminals for "public intoxication", leading to "resisting arrest", when they don't even know why they are being arrested. This is where all the suicide numbers come into play...So again I ask, is this fair? Is it just? Is the 'Indian Act' necessary making Natives "wards of the state"? Is there a 'Black Act' or a 'Jewish Act'? Of course not! Did they think they were smart by creating this piece of legislature to try to appease the First Nations? Its done nothing but cause problems, and the only reason why people are affraid to get out of it is because of the money it promises them. Hence, the 'Band Council' will not bite the hand that feeds them. This illusion of "sovereignty" we're all living under is a lie in itself.

Food for thought...an article

From: MohawkNationNews Subject: MNN CANADA IS NOT A "STATE"To: legalbeaglejustice@yahoo.caReceived: Tuesday, September 2, 2008, 12:49 PMWHY CANADA IS NOT LEGALLY A "STATE"By Ieri’wa:onni and MNN Mohawk Nation News StaffMNN. Sept. 2001. Since the dawn of time, we Indigenous people have beenconscious that we exist as part of the natural world. We belong to the land. We co-exist with the animals and vegetation that sustained our ancestors andthat continue to sustain us today. We are born or adopted into clans. Theseform the foundation of our nations. Our society is based on equality, whereeverybody has a voice. Our constitution, Kaianereh:kowa [Great Law of Peace],embodies these relations. This is the law of the portion of Onowaregeh, TurtleIsland, which has been put into our trust. Before European “visitors” floated over the ocean and stumbled onto ourshores, we formed a federation according to the Kaianerehkowa. TheRotinoshonni:onwe Confederacy is made up of Mohawks, Oneidas, Onondagas, Cayuga,Seneca and Tuscarora. Hundreds of Indigenous nations formed alliances with usand became our friends and allies. No non-Indigenous nation ever joined our confederacy or accepted to liveaccording to our constitution. Though a few individual Europeans have beenadopted into our society, most have proven unwilling or unable to live accordingto the social, political and economic philosophy of the Rotinoshonni:onwe. All Euro-Canadians know and understand that we were here, on Onowaregeh, first.The Supreme Court of Canada has acknowledged this fact as part of Canadian law.We did a lot of work to create the paradise that the Europeans found when theyarrived. So far Canadians do not understand or acknowledge that we never agreedto join their colonial regime or to give up our original law or nationality. We did form nation-to-nation alliances with various European colonists. Someof our nations were allies of the British during many famous battles. However,we were NEVER British subjects. We always dealt with colonial visitors as anindependent political organization. We even sent ambassadors abroad as seen inthe famous paintings of the “Indian Kings” who visited the court ofEngland’s Queen Anne in 1710.The internationally accepted legal definition of a “state” was establishedby the Montevideo Convention of 1933. Article 1 states that: “The state as aperson of international law should possess the following qualifications: a ) apermanent population; b ) a defined territory; c ) government; and d) capacityto enter into relations with the other states.” We have a permanentpopulation, a defined territory, and an established capacity to enter intorelations with other states. THE ROTINOSHONNI:ONWE CONFEDERACY IS LEGALLY ASTATE. Under international law, as set out in United Nations Resolution 1541XV, andconfirmed by the International Court in the Western Sahara case, relationsbetween peoples may be organized on the basis of independence, free associationor incorporation. No state may legally incorporate another without the freeand informed consent of the majority of the population as expressed in a freeand fair election.This standard was endorsed by the Supreme Court of Canada in the Reference rethe Secession of Quebec. Quebec could not separate from Canada without theconsent of a clear majority of its people in response to a clear question. Quebec had been fully incorporated into Canada because it plays a major role inCanadian institutions. It’s elected representatives agreed to join with otherBritish colonies to form Canada. It has representatives in Parliament and onthe Supreme Court. It has supplied many Canadian Prime Ministers. TheRotinoshonni:onwe Confederacy never agreed to join Canada. It has norepresentation in Canada’s parliament or on Canadian courts. Between 1876 and1951 Canadian law excluded “Indians” from the definition of a “person”. THE ROTINOSHONNI:ONWE CONFEDERACY HAS NEVER BEEN LEGALLY INCORPORATED INTOCANADA AND REMAINS INDEPENDENT.When the Rotinoshonni:onwe Confederacy first established diplomatic relationswith European colonists, the Europeans were organized in monarchical states. The people were called “subjects”. Under British law, the relationshipbetween the subject and the monarch was considered to be a personal bond. Thesubject owed the monarch obedience and in return the monarch owed the subjectprotection. You could become a subject either by conquest or by swearing anoath of allegiance. The Rotinoshonni:onwe were never conquered. Only a feweccentric or deluded individuals ever voluntarily swore an oath of allegiance tothe British Crown. THE ROTINOSHONNI:ONWE NEVER BECAME BRITISH SUBJECTS. TheRotinoshonni:onwe Confederacy has issued its own passports since theinternational passport convention was passed in 1920. The “Dominion of Canada” was formally established when Britain’sParliament passed the British North America Act, 1867. It was founded topromote the interests of the British Empire as part of an administrativere-organization that united some of the colonies established on Onowaregeh. (British North America Act, 1867, Preamble). A “Dominion” is legally defined under British law as “a colony”. Thepeople of the colonies that joined the Canadian confederation remained“British subjects”. The Queen of England remains the Queen of Canada.Britain continued to manage all international matters. Britain has onlyauthorized Canada to conduct international relations on behalf of “theempire” (British North America Act, 1867, s. 132). All treaties signed withIndigenous peoples on Onowaregeh were negotiated on behalf of the Britishmonarch. Canada did not sign any international treaty until Britain allowed itto sign the Halibut Treaty with the United States in 1923. CANADA DID NOT BEC0MEAN INDEPENDENT STATE IN 1867.Britain’s “Dominions”, which also included Australia, New Zealand andSouth Africa, contributed so much money and lives during World War I (1914-1918)that they wanted more control over their imperial obligations even though theydid not want to leave the British Empire. The Balfour Declaration of 1926 gavethem equality with Britain under the monarch. This became British law whenBritain’s Parliament passed the Statute of Westminster in 1931. Canada and the other “Dominions” remained under the same British monarchand legal system. Their passports continued to be issued by the Britishmonarch. Canadian citizenship was not established as a legal status until 1947.Britain’s parliament kept the power to change Canada’s constitution andCanadians remained British subjects.In 1982 Britain’s parliament renamed the British North America Act, 1867 asthe Constitution Act, 1867. Britain gave Canada permission to amend itsconstitution by passing the Canada Act, 1982 and appending Canada’sConstitution Act, 1982. It took effect on January 1st, 1983. Britain formallyterminated “British Subject status” without the informed consent of theCanadian people. According to the Preamble to Canada’s Constitution Act,1867, CANADA IS STILL LEGALLY PART OF THE BRITISH EMPIRE.The Rotinoshonni:onwe Confederacy never gave possession of any territory to anyEuropean people. The Kaianerehkowa does not allow this because the land is heldin trust for the coming generations. The Rotinoshonni:onwe cannot speak for theother nations of Onowaregeh. There is no evidence that any of them ever gavetheir free and informed consent to come under British dominion or to becomeBritish subjects.According to s.91(24) of the British North America Act, 1867, the Britishmonarch gave Canada’s parliament authority to make laws regarding “Indians,and Lands reserved for the Indians”. No state can give something it does notpossess. Britain only possessed authority to make alliances and agreements withthe people it called “Indians”. Britain did not own any land on Onowaregeh.So s.91(24) only grants Canada authority to negotiate with “Indians”concerning international relations and land use. The Rotinoshonni:onwe neverceded any land or authority to Canada. The Charter of the Hudson’s Bay Company was issued by the British monarch. It granted protection for a British trading monopoly. It could not grant landon Onowaregeh because the British monarch did not own any. When the Hudson’sBay Company assets were transferred to Canada, Canada only gained a tradingmonopoly. It did not legally acquire any land on Onowaregeh because the HudsonBay Company did not legally own any.There is no evidence that Canada has any land. Canada does not meet therequirements of the Montevideo Convention. CANADA IS NOT A “STATE” ACCORDINGTO THE PRINCIPLES OF INTERNATIONAL LAW.TOP 3 REASONS WHY CANADA IS NOT A STATE:1. Canada does not have a permanent population. The people it claims ascitizens are transients who come and go. They are not a “nation”.“Nationality” is not defined in international law. European dictionariesdefine “nationality” as having a common birth and parentage. Canadians comefrom all over the world. They have no common origin or heritage to distinguishthem from other human beings in general. Most have in common the experience ofsettling on our territory without legal permission from us. Canada’sexploitive and environmentally destructive habits prove that few have anycommitment to future generations.2. Canada does not have a “government” of its own. Its constitution actsof 1867 and 1982 are acts of the British Parliament. Its other constitutionaldocuments are proclamations of the British monarch.3. Canada does not have a territory. None of our land that it claims waslegally ceded to Britain. We never agreed to become part of the British Empireor the Canadian state.So quit your bitchin’ Canada! Face the facts of life. Every square inch ofland you’re standing on is ours. We are holding it in trust for our futuregenerations. You have no authority over us or our land. You can only bossaround your subjects. No us! Stop attacking us! Just about everythingyou’re doing is illegal! We ask you “How did you get authority over us and our land?” If you arehonest, you will have to answer, “Legally, we don’t. We have some badhabits. We have to stop threatening, assaulting, abusing, jailing and killingyou. We have to stop lying to you and about you. We have to learn how to followthe laws and live like civilized people.”
Ieri’wa:onni and MNN Staff