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