Archive | May 2013

Grand River Territory Calls for Return to Unity & Harmony: Ka-nyen-geh-ha-kah (Mohawks) Invite All Nations to Gathering @ Kanata

City of Brantford Refuses water services Mohawk Wokers of Kanata - yet Spiritual Fire Burns for Onkwehon:we and all to give thanks.

Saturday June 1st

11 am – 2 pm
Community Potluck

Thanksgiving – Unity Gathering – Spiritual Fire

All nations welcome.
Kanata – 440 Mohawk Street, Brantford

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The Great White Roots of the Tree of Peace


Roots have spread out from the Tree of Great Peace: one to the north, one to the east, one to the south and one to the west. These are the Great White Roots and their nature is Peace and Strength. If any man or any nation outside of the Five Nations shall obey the laws of the Great Peace (Gayanerekowa) and shall make this known to the statesmen of the League, they may trace back the roots to the Tree. If their minds are clean and if they are obedient and promise to obey the wishes of the Council of the League, they shall be welcomed to take shelter beneath the Tree of the Long Leaves. [WAMPUM #2]

The Great White Roots of the Tree of Peace

The Great White Roots of the Tree of Peace

Onkwehon:we farmer’s association representative calls for unity and harmony: 

Art Porter, 73

Art Porter – Elder, 6 Nations Farmer’s Association (Teka News – May 29, 2013)

Brantford City Council Tries to “Slap” – Elected Council Chair Slaps Back

2013 may 29 teka city of brantfrod vs montour

Haldimand Claim Showdown:
Onkwehon:we vs. Chris Friel & the City of Brantford
Mohawks of the Ouse - Haldimand Territory

Claimed Haldimand Territory

19 October 2012 Arrears Claim Invoice to City of Brantford

Kwitsel Tatel – freedom fighter stands up to crown for right to fish – and after 200 court appearances – WINS.

After 200 court appearances, Sto:Lo woman is free to fish again

Kwitsel Tatel - Freedom Fighter

Kwitsel Tatel – Freedom Fighter

 By: MARK HUME – VANCOUVER — The Globe and Mail

Published Wednesday, May. 29 2013, 8:00 AM EDT

Patricia Kelly’s long, hard road to justice began in the summer of 2004, when federal fisheries officers surrounded her outside a processing plant in the Fraser Valley.

After a five-hour standoff, in which Ms. Kelly says she refused to come down from atop a crate she had packed with ice and about 300 fresh Fraser River sockeye, she was charged with illegally possessing and selling salmon.

Now, after defending herself for nine years, in which she made more than 200 court appearances, Ms. Kelly has done just that – winning an absolute discharge in the process.

In a decision handed down in British Columbia provincial court in Chilliwack earlier this month. Ms. Kelly also got an order that the federal government must pay her about $2,500 for the salmon seized in 2004.

Federal Crown prosecutor Finn Jensen could not be reached for comment, but details of the verbal decision were reported by the Chilliwack Times.

In an interview Tuesday, the Sto:Lo woman alternately wept and sounded defiant, saying the marathon legal battle left her feeling “exhausted and broken.” But she said she has struck a blow for aboriginal rights and plans to move back to B.C. from her new home in Alberta to fish the Fraser River again this summer.

“Yes. I am going fishing again,” she said. “And I’m not going after a permit. … I don’t need a permit from Canada. I’m unceded. I’m unconquered.”

Ms. Kelly, who also goes by her native name, Kwitsel Tatel, argued throughout her legal battle that because the Sto:lo do not have a treaty with the government, she does not need the federal government’s approval to catch or trade fish. She said the fish she caught in the summer of 2004 were gathered on behalf of her large family, in preparation for ceremonies that were planned for that winter.

“We had cultural work to do as a family with those fish,” she said.

The Crown sought a fine and a conditional sentence, arguing she’d caught the salmon outside of a federally approved aboriginal fishery.

Ms. Kelly said she never doubted she would win the case, but she cried when she recounted how she was taken into custody at the courthouse on one occasion, for playing a drum and chanting. “It’s sacred and it’s right. Nobody can stop me from doing that,” she said of the native drumming ritual.

But court sheriffs did. “They detained me. They did two vaginal-anal checks on me,” she said, sobbing. “It’s so humiliating. This is ridiculing. It’s awful. It causes a big heartache to even say that.”

Ms. Kelly said she missed a court appearance during the legal fight, and in response the RCMP issued a Crimestoppers sheet with her mug shot on it. She said she was shocked when family members told her the Crimestoppers bulletin had appeared in the local newspaper.

“I felt criminalized,” she said. “I felt humbled before my family and to people I was looking to get work with. It hurt so much.”

Ms. Kelly said the case put her under immense emotional and financial pressure and took a toll on her family life. She moved to Alberta to have a fresh start, but now that the case has ended, she plans to move back to B.C. She said she learned of the May 9 court decision in an e-mail.

“I said amen. I’m thankful for the judge hearing me out,” she said.

Ms. Kelly said the legal battle was an ordeal, but she’s glad she stuck with it: “I feel proud I stood up. I stood in the house of law and I ruled.”

From: http://www.theglobeandmail.com/news/british-columbia/after-200-court-appearances-stolo-woman-is-free-to-fish-again/article12213412/

Beaver Lake Cree Nation Draws Line in the Tar Sand: Historic Court Challenge the Crown Continues to Obstruct

Carol Linnitt's picture

The Beaver Lake Cree Judgment: The Most Important Tar Sands Case You’ve Never Heard Of

From: http://desmog.ca (Fri, 2013-05-24) by: CAROL LINNITT

Sure they’re bad for the environment, for human health, and for wildlife, but we rarely stop to wonder if the Alberta tar sands are in fact unconstitutional.

But the constitutional standing of the tar sands – one of the world’s largest and most carbon-intensive energy projects – is just what’s at stake in a treaty rights claim the Beaver Lake Cree Nation (BLCN) is bringing against the Governments of Alberta and Canada in a case that promises to be one of the most significant legal and constitutional challenges to the megaproject seen in Canada to date.

Signaling the high-stakes of the whole dispute, it has taken five years of beleaguered fighting just to have the case go to trial. Canada and Alberta – the defendants – fought tooth and nail during those five years to have the claim dismissed outright, saying the case put forward by the BLCN was “frivolous, improper and an abuse of process.”

The BLCN is challenging these governments on the grounds of the cumulative impacts of the tar sands and has indicated some 19,000 ‘individual authorizations’ and 300 individual industrial projects in their claim. The governments of Alberta and Canada tried to have the case dismissed under Rule 3.68, a measure meant to protect defendants from cases that are…well…“frivolous, improper, and an abuse of process.”

But this case isn’t one of those.

Canada claimed the claim was “unmanageable” and “overwhelming,” suggesting the 19,000 authorizations were likely to have fallen within the relevant regulatory framework at the time of their approval and needn’t be bothered with. But, as one judge stated, a claim cannot be dismissed based merely on its scope. The courts agreed, telling Canada that no further “delaying tactics” should be permitted in this litigation lest the entire claim be “stonewalled at an early stage through excessive particularization.”

What is more, the court said Canada’s complaint “flies in the face of the Supreme Court of Canada” and its previous decisions, indicating Canada’s counsel was unsuccessful in its attempts to squeeze out of a tight legal position. Canada even sought to have its portion of the claim whittled down to “limit its exposure” in the case, a position the court said Canada’s “counsel candidly admitted to advancing…for strategic reasons.”

On April 30th, 2013, the courts told Canada and Alberta they’d had enough of the bickering. “The parties will be well-served by returning to their case management judge for the implication plan to advance this litigation through trial,” they wrote.

In other words: get your act together, you’re going to court.

The Rights

The Alberta Court of Appeal’s decision to uphold the claim against the crown, grants the BLCN the opportunity to argue the cumulative negative impacts of tar sands expansion may constitute a legal breach of the band’s historic Treaty 6 with the Canadian government, signed back in 1876.

And the significance of this judgment cannot be overstated. The BLCN’s claim now stands as the first opportunity for legal consideration of the cumulative impacts of the tar sands on First Nation’s traditional territory and the implications of those impacts on the ability to uphold Treaty Rights.

And First Nation’s Rights – enshrined as Aboriginal Rights insection 35 of the Constitution Act, 1982 – are arguably some of the most important emerging rights on the Canadian legal landscape and certainly the most powerful environmental rights in the country.

This, in part, has to do with the fact that what section 35 rights actually legally entail, is still being developed through case law. Dozens of important cases – like the precedent-setting R v. Gladstone and Mikisew v. Canada– have been decided by courts over the last 30 years, since the patriation of the Constitution, finding Canada in serious violation of the Constitution when it comes to treaty rights.

Despite the emerging nature of these rights, one thing is clear – First Nations have the inalienable right to hunt, trap and fish in their preferred manner, throughout their traditional territories and the province.

And there’s the rub. If you’ve got a megaproject that is destroying what you might otherwise be hunting, trapping or fishing, you’ve got a serious constitutional gaffe on your hands. The Constitution is the highest law in the land, and cannot simply be ignored.

The Cumulative Impacts

This puts Canada and Alberta in a tough spot. Over the last decade, as they’ve been welcoming a veritable cascade of new projects in the tar sands area, scientists and conservation groups have been raising the alarm as the consequent research began to show devastating effects on caribou populations and fish species especially hard done by the escalating development.

The BLCN’s traditional territories blanket an area about the size of Switzerland. Thirty per cent of tar sands production, or about 560,000 barrels of oil, are produced on BLCN every day. The oil industry has plans to grow this number to 1.6 million barrels a day.

The once-pristine forest and hunting grounds are now covered with 35,000 oil and gas sites, 21,700 kilometres of seismic lines, 4,028 kilometres of pipeline and 948 kilometres of road.

Perhaps it has taken Canada and Alberta by surprise that the cumulative impacts might be considered at a constitutional level. After all, neither the province nor the federal government have been particularly proactive in studying the cumulative effects of development in the area.

True, scientists have been fretting about loss of caribou herds and habitat for decades, even citing the Species At Risk Act as a potential legal cause to slow the pace and scale of tar sands development. But Canada ignored those pleas for caution as long at it could – until another legal action forced them to release the recent Federal Caribou Recovery Act last fall.

And it was only a few months ago that Environment Canada scientists announced tar sands pollution was present in bodies of water up to 100 kilometres from the centre of development. The accumulating toxins, they discovered, disrupt fish embryos at the developmental stage. The federal government worked overtime to downplay the significance of the research last fall, even preventing lead researchers from discussing their findings with the media.

Overall, the federal government has been just as culpable as provincial leaders in keeping these growing environmental effects under-reported, or under wraps. The BLCN’s upcoming litigation may be the change in tide that brings the cumulative impact discussion to centre-stage.

The Cause for Hope

5 years ago Crystal Lameman’s uncle Chief Al Lameman filed the original claim on behalf of the Nation.

“In 2008 I don’t think my uncle knew the attention this litigation would gain,” Crystal said. “His intent and purpose was to protect what little we have left but it has created this movement, this mobilization of a people and it’s a great feeling seeing people mobilize beyond the confines of race, color, and creed. This recent win means our judicial system is clearly standing strong in the law of Canada and it gives me hope.”

And Crystal has much cause for hope, according to Jack Woodward, renowned Native Law expert and lawyer on the case.

“The Beaver Lake case will define the point where industrial development must be curtailed to preserve treaty rights,” he said.

“At issue is the cumulative impact of industry, not each individual project. The court will be asked to say if the level of industrial activity in the hunting grounds has now crossed the line to make it impossible to reasonably exercise the harvesting rights. If the Beaver Lake are successful there will be constitutional controls on development to allow the land to recover and to prevent any further encroachments that might disturb wildlife populations.”

A precedent-setting ruling of that sort would have significance for any other First Nation making similar claims regarding the overall impacts of industrial development. This could have serious ramifications for other First Nation groups living near the tar sands or newly-industrialized zones like British Columbia’s northeast.

“This would be the most powerful ecological precedent ever set in a Canadian court,” says Woodward, “because it protects the entire biological system with a view to preserving its sustainable productivity.”

Other legal protections like the Fisheries Act or the Species at Risk Act, he says, amount to a “piece by piece approach.” The Beaver Lake Cree litigation “is based on protection of the entire ecosystem,” he adds, and determining that crucial point when that system “can’t take it anymore.”

“So the precedent that will be set by the Beaver Lake case is that it will be the first time a court is asked to draw the line defining too much industrial development in the face of constitutionally protected treaty rights.”

The Battle Ensues

Susan Smitten of Respecting Aboriginal Values and Environmental Needs (RAVEN), a non-profit group supporting the BLCN action since 2009, says just getting the case to trial has been tremendously difficult and expensive.

But the very importance of the case has brought help from all directions.

“We have raised something like $850,000 for the BLCN to cover costs,” she said, “plus we found pro bono lawyers from the UK to assist with the first round on the motion to strike.” People donated, lawyers worked at half-rate, and volunteers gave their time, all to keep the possibility of reaching trial alive.

“Canada and Alberta have done absolutely everything they can to delay and outspend” the BLCN, says Smitten. “This is particularly disappointing with respect to our federal government, which one would hope might support First Nations rights, and honour the promises made.”

However, she says, the tactics of perpetual delay are common practice when it comes to First Nations’ disputes. The government hopes the problem will fade away “because the band can’t keep up with the costs,” she adds.

Smitten estimates the costs could skyrocket up to $15 million once all is said and done.

“With this win, I hope everyone sees the value in assisting this band – morally, financially, emotionally, physically. This is doable. It’s going to trial.”

“I’m always so impressed and astounded that [the BLCN] stay with it,” Smitten said. “The energy it takes to keep this moving forward is incredible.”

The trail represent more than the preservation of First Nation rights and territory, to Smitten. The threat of climate change, she says, is something we all face collectively. Yet, average Canadians don’t have the special constitutional status of First Nations.

“Our Aboriginal peoples will be the ones that rescue Canada from the worst effects of the tar sands,” says Smitten.

“But it’s not fair to rely on the poorest people in our nation to stand alone and be the voice of reason in this effort. They have the power of their treaties to protect the planet, and we have the power of a nation to support them. I just encourage people to get behind the line they’ve figuratively and literally drawn in the tar sand.”

Lead image credit: Chief Al Lameman via The Co-Operative

From: http://desmog.ca/2013/05/23/beaver-lake-cree-judgment-most-important-tar-sands-case-you-ve-never-heard

Connect to #IdleNoMore.ca

Lakota Grandmothers to file U.N. Genocide Charges Against US, South Dakota

Human Rights Abuses on Native Lands
by JEFF ARMSTRONG

In April, a grassroots movement led by Lakota grandmothers toured the country to build support for a formal complaint of genocide against the United States government and its constituent states. Though temporarily overturned, the recent conviction of Efrain Rios Montt for genocide against indigenous Guatemalans should give US officials, particularly members of the Supreme Court, pause before dismissing the UN petition as a feeble symbolic gesture.

lakota march on UN

The tribal elders’ 12-city speaking tour culminated in an April 9 march on United Nations headquarters in New York and an April 18 press conference in Washington, D.C., where the Supreme Court had just heard arguments in a challenge to the landmark 1978 Indian Child Welfare Act (ICWA). Attracting support from Occupy Wall Street and other non-Native allies in the New York march, the Lakota Truth Tour delegation was physically blocked by UN security officers from presenting Secretary-General Ban Ki-Moon’s office a notice of charges against the U.S. under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.

An excerpt from the complaint, still being refined into its final, legal form, reads: “This letter serves notice as complaint, that the crime of genocide is being committed, in an ongoing manner, against the matriarchal Tetuwan Lakota Oyate of the Oceti Sakowin, an Indigenous First Nation people whose ancestral lands comprise a large area of the Northern Great Plains of Turtle Island, the continent known as North America.” As evidence, the Lakota cite systematic American usurpation of their land and sovereignty rights, imposition of third-world living conditions on the majority of Lakota, US assimilation policies that threaten the future of their language, culture and identity, and environmental depredations including abandoned open uranium mines and the proposed Keystone XL Pipeline slated to invade the Pine Ridge Reservation. The Lakota grandmothers and their allies in the Lakota Solidarity Project have even produced a powerful, full-length documentary, Red Cry, available on DVD or online at:
www.lakotagrandmothers.org/media/.

But the UN complaint is just one facet of a multi-pronged legal, political and educational movement within the indigenous Lakota (Sioux) nation to stop the state removal of Native children from their families into white foster homes and institutions, arguably the most salient and best-documented evidence of ongoing US violation of the genocide convention. Article 2 of the convention defines acts of genocide as follows:

“…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”

Historically, one could make a case for the applicability of most, if not all, of the above provisions to official US policies over more than two centuries. Certainly the Indian Removal Act of 1830, the Wounded Knee massacre (of which the perpetrators have yet to be stripped of their Medals of Honor) and Sand Creek slaughter perpetrated by the US military in the latter part of the 19th century, the General Allotment Act of the same time period, the Termination/Relocation policy of the 1950s, the FBI’s war on the American Indian Movement, and the cumulative legal decisions validating the above on explicit or implicit grounds of racial or cultural superiority, come to mind as constituting violations of contemporary international standards of crimes against humanity, if not genocide per se.

Indeed, the ink was scarcely dry on the Genocide Convention before the US deliberately set out to violate Article 2(e) by arbitrarily removing Native children from their families as part of a comprehensive strategy of abolishing reservation boundaries and absorbing indigenous peoples into the states that surround and besiege them. In 1950 President Truman appointed Dillon S. Meyer, fresh from his experience administering the Japanese internment camps with an iron fist, as Indian Commissioner to carry out the final solution to the Indian Problem (i.e., their stubborn refusal to fade into the mists of history, itself a genocidal concept) that has haunted this nation since its inception. It was the formal policy and procedure of the United States at the time to forcibly transfer indigenous children to white homes and boarding schools as a component of a strategy to “terminate” tribes as distinct peoples, meeting the essential threshold of intent under the Genocide Convention. It would have been embarrassing to say the least if the Soviet Union or its allies would have initiated legal genocide charges against the self-avowed fount of human liberty at the United Nations. So it was that the US celebrated its victory over genocidal Nazi imperialism by rebranding the practice in Indian Country as emancipatory individualism and refusing to ratify the 1948 convention until nearly 40 years later.

Ironically, it was the Indian Child Welfare Act of 1978 that enabled the US to ratify the Genocide Convention by manifesting its intention to stop the wholesale removal of Native children from their families and tribes. ICWA established minimal protections of due-process rights for indigenous parents and recognized the exclusive jurisdiction of existing tribal courts to adjudicate child welfare cases within reservation boundaries, also allowing tribes to intervene in state cases. Ratified by the US in 1986, the Genocide Convention was not implemented until 1989, and then only after denying universal jurisdiction and limiting prosecutions under the act to a five-year statute of limitations for violations of the federal crime of genocide. As a measure of the government’s commitment to punishing the ultimate international crime, the federal offenses of arson, art theft, immigration violation and some crimes against financial institutions all carry a statute of limitations period longer than five years. Rios Montt himself would be immune from prosecution under the federal genocide act.

A remarkable 2011 National Public Radio series, Native Foster Care: Lost Children, Shattered Families, revealed that the federal government not only fails to enforce the baseline standards of ICWA against the states. but actually underwrites the removal of Native children in some cases with additional funds, adding an economic incentive to the racial and cultural ones. Focusing on South Dakota, a yearlong investigation by NPR reporters Laura Sullivan and Amy Walters found that 90% of the 700 Native children taken from their homes yearly in that state were placed in white foster homes or group homes, in blatant violation of ICWA provisions mandating that any Indian child taken into foster care be placed with a family member, tribal member, or other Native family in the absence of “good cause” to the contrary.

Far from punishing states for violations of ICWA, despite its finding that 32 states systemically violate its terms, the federal government effectively promotes the legal abduction of children by offering a $12,000 bounty to the state for permanently removing “special needs” children from their natural families to adoptive placement, a designation the state of South Dakota applies to all indigenous children, according to NPR. Foster families in South Dakota receive as much as $9,000 annually for each child. While the federal government also provides ICWA workers for each reservation, these typically serve as flunkies for the states, at most tepidly attempting to shift federal funds to tribal coffers. The NPR report quoted Crow Creek ICWA Director Dave Valandra saying, “I get along real good with the state and I have a good rapport with them.” This fraternal relationship is unhindered by the fact that none of the 13 cases Valandra is working on involve placement in Native homes, which apparently never occurred to the ICWA director before being confronted by a reporter: “”Of my cases right now, I think they’re all…right now, the placement of the children right now are…boy that’s, huh,” he said.

Perhaps the most damning revelation of the NPR report, however, is its tracing of South Dakota’s kidnapping for profit scheme to the state’s highest official:

“Critics say foster care in South Dakota has become a powerhouse for private group home providers who bring in millions of dollars in state contracts to care for kids. Among them is Children’s Home Society, the state’s largest foster care provider, which has close ties with top government officials. It used to be run by South Dakota’s Gov. Dennis Daugard. An NPR investigation has found that Daugard was on the group’s payroll while he was lieutenant governor — and while the group received tens of millions of dollars in no-bid state contracts. It’s an unusual relationship highlighting the powerful role money and politics play in South Dakota’s foster care system.”

If the federal government were to uphold its obligations under ICWA and the Genocide Convention, Gov. Daugaard would seem a fit candidate for the first indictment of a US-born citizen under the federal genocide statute. Thwarted by the five-year limitation, the US Justice Department indicted former Rwandan official Lazare Kobagaya in 2009 for allegedly lying about his participation in genocide on his application for citizenship, but the government failed to prove his involvement in the 1994 bloodbath and eventually dropped the charges. At a May 15-17 Great Plains Indian Child Welfare Act Summit, Daugaard declined to attend, despite a personal invitation from US Assistant Secretary of Indian Affairs Kevin Washburn, the top federal Indian bureaucrat. So Daugaard is not only aware, thanks to the NPR report, of the genocidal effects of policies from which he personally profited, but is unwilling to meet with the victims toward rectification of the crimes of his Department of Social Services, which include the coverup of cases of sexual assault in white foster homes and extensive pharmaceutical drugging of children without parental consent. Following the governor’s lead, no South Dakota officials attended the historic meeting, in which nine tribes and top federal officials participated, along with more than 200 aggrieved tribal members.

The tribal summit and the NPR series were spearheaded by the Lakota People’s Law Project (LPLP), which has relentlessly challenged the state legally and politically and is bringing increasing pressure on the federal government to act. Dan Sheehan, chief legal counsel for the LPLP and director of the Romero (formerly Christic) Institute, said South Dakota officials are “into a total dialectical, confrontational stance. They’re feeling like they’re under siege from the tribes, so they’re circling the wagons and getting ready to fight.” Sheehan said the South Dakota legislature recently appropriated $2.3 million to defend the state from an imminent class-action federal civil rights lawsuit.

Sheehan traced the institutionalization of state kidnapping of Native children back to the late William Janklow, a former South Dakota congressman, governor, and attorney general notorious for his role in what the the Lakota refer to as the “Reign of Terror” on the Pine Ridge Reservation in the years following the American Indian Movement-led occupation of Wounded Knee in 1973. According to Sheehan, members of the George W. Bush administration tipped off Janklow on a Texas strategy to grab millions of dollars in federal subsidies by administering a psychological test devised by the Eli Lilly pharmaceutical corporation to children taken into protective custody. Replicating the strategy, South Dakota developed a mental health test failed by 98% of Native children, who then become “special needs” cases under federal law, with the state receiving up to $79,000 for each Indian child and the child being placed involuntarily on psychoactive drugs.

“They ask questions like ‘do you feel like people are staring at you when you go out in public’ in racist Rapid City, or ‘do you feel you’re treated unfairly’ to a child who’s just been uprooted from his home and placed with strangers,” said Sheehan.

The immediate priorities of the LPLP, Sheehan says, are to effect the transfer of South Dakota child protection services to the tribes and to persuade the US Justice Department to serve as lead plaintiff in its civil rights suit against the state. The latter is currently on hold pending the Supreme Court’s decision in the atypical “Baby Veronica” case, which challenges the constitutionality of the Indian Child Welfare Act.

Sheehan says tribal officials have yet to determine whether they will support the Lakota Grandmothers’ UN genocide petition, suggesting their decision may hinge on whether the Justice Department exercises its responsibility to take up their cause domestically. And while it is exceedingly unlikely that President Obama or Chief Justice Roberts (who termed the minimal protections of ICWA placement standards “extraordinary rights” in oral arguments) will ever be called to account by an international tribunal for complicity in genocide so long as the US refuses to accept the jurisdiction of the International Criminal Court, they may wish to consider the potential damage to their personal reputations and that of their nation that even an unenforceable international verdict could bring.

Just ask Lazare Kobagaya.

Jeff Armstrong is a longtime journalist and activist in Fargo, North Dakota. He can be reached at armstrong@i29.net

From: http://www.counterpunch.org/2013/05/29/lakota-to-file-un-genocide-charges-against-us-south-dakota/

May 22 2013 – Ka-nyen-geh-ha-kah (Mohawks’) Voice Heard at United Nations

Click for full story from the Tekawenake News

Click for full story from the Tekawenake News

Ka-nyen-geh-ha-kah delegates describe the fruitful followup meeting in New York with UN officers and officials from Geneva including James Anaya, Special  Rapporteur, who was provided additional materials RE: the November 2, 2013 case against Canada, et al. respecting apartheid / genocide & restoration of a Homeland as having went “Very well.”

May 20, 2013 New York, NY
“Victoria Day” Meeting between the Mohawk Workers of the Ouse / Grand River representing the Ka-nyen-geh-ha-kah (Mohawks) of Grand River and UN Special Rapporteur James Anaya in respect of an apartheid / genocide case against Canada, Walton International, and other entities took place:

The Ka-nyen-geh-ha-kah seek a full accounting and compensation for all damages including apartheid, genocide and lands usurped and corrupted without color of right.

The fact that Canada has failed to reference or produce a single citation whereby Ka-nyen-geh-ha-kah principle chiefs endorsed any treaty or arrangement with Canada, including, inter alia, cessation or conveyance of land subsequent to the May 1st 1812 Governor’s Instructions,  nor indeed thereafter, etc., deserves particular attention.

How can a functioning Ka-nyen-geh-ha-kah administration be permitted to be mocked, marginalized, dismissed, attacked and plundered in concert by state and state-derived entities and such others who derive benefit directly and indirectly therefrom?

While with one hand the Queen, Elizabeth II pens best wishes to her ally the Principle (Wolf Clan) Mohawk Chief, another awards the likes of  Gary McHale a diamond jubilee medal for merit of outstanding regard.

The rule of continuity must prevail.

A state does not disappear and reappear; it remains the same actor and is bound by past obligations.

Just as Germany is responsible for the acts done by Nazis; South Africa is responsible for apartheid government crimes; so too is Canada responsible for apartheid government crimes. The binding force of obligations is normative – by way of relations with other states. 

There are numerous other prima facie examples of government apartheid and other violations of recognized human rights including Canada’s policy of imprisonment by race as evidenced by inter alia, former Supreme Court Justice Frank Iacobucci’s “alarming” February 26, 2013 report recognizing that our people face “systemic racism” within the Ontario provincial justice system, etc. Great Britain and Canada’s shared and depraved residential school genocide co-venture includes Canada’s current unlawful policy to conceal and destroy evidence thereby obstructing and otherwise perverting the course of justice,  and policy to neglect to prosecute plain and obvious crimes against humanity constitutes perhaps the most egregious example of deviousness and repugnancy demonstrated by a state in our peoples’ history.

May 21, 2013
Keynote Address of the Queen, Elizabeth II’s
Governor General in Canada on official visit to
Witwatersrand RE: Canada-South Africa Relations

As governor general, it is my privilege to represent Canada abroad on State visits. We arrived in Cape Town yesterday, and already we are getting a sense of contemporary South Africa, of its great beauty, creativity and promise.

We have also had an opportunity to glimpse some of the ways in which Canadians and South Africans are working together.

And we are looking forward to learning more about our partnerships and potential for further collaboration for the remainder of our visit.

Of course, Canadians and South Africans have been working together for many years.

Despite our distinct histories, geographies and cultures, the people of our two nations have a shared vision.

That vision is one of diversity and dynamism, of societies comprised of smart, caring communities where equality of opportunity and excellence coexist.

Canada, for example, is known the world over for its commitment to multiculturalism. In Canada, we strive to accommodate difference, and we proudly view diversity as a source of strength, not a weakness.

And here in South Africa–the “Rainbow Nation”–you are home to 11 official languages, a truly remarkable expression of your values.

Without a doubt, Canadians and South Africans both have work to do in achieving equality of opportunity and excellence in full measure. But these are the democratic values that unite us, and that we aspire to live up to.

As you know, the roots of our modern-day relationship were formed during a very difficult period in South Africa’s history.

The government and people of Canada first demonstrated their support for today’s South Africa–for your South Africa–in the early 1960s, when we insisted on an end to apartheid in exchange for South Africa’s re-admission to the Commonwealth.

And we stood in solidarity during the dark days of the 1980s, when we backed the anti-apartheid movement.

…Put simply, South Africa is one of Canada’s most important partners in this vast and diverse continent.

Today, we stand on the cusp of a new era in our relationship, a fact that is borne out by the growing number of partnerships between Canadians and South Africans.

Allow me to highlight a few specific examples of our co-operation.

As members of the Commonwealth, our two countries are working together to strengthen respect for human rights in Africa. We have also worked as partners in peace-building and conflict prevention. Examples include our support of joint African Union-United Nations operations in Darfur, as well as our backing of the African Union’s Mission in Somalia, or AMISOM.

Just this week, South Africa advised Canada that it is willing to join a working group on mediation chaired by Canada under the Malta Process that addresses child protection issues in cross-border cases where Muslim law differs from other legal traditions.

Sometimes, we co-operate with each other indirectly through our work in different fora.

Through the Southern African Development Community, South Africa has played a key role, for example, in advancing the return of democracy to your island neighbour, Madagascar. Canada too has a strong interest in Madagascar due to important people-to-people and commercial ties.

Besides our own efforts, we have worked through the councils of La Francophonie to achieve the restoration of constitutional order in a country with which we have great potential for partnership.

Also, like South Africa, Canada seeks to diversify its relationships in ways that knit the world together in mutually supportive networks. South Africa’s participation in the BRICS (the organization of Brazil, Russia, India, China and South Africa) represents a significant diplomatic achievement for this country.

Canada for many years has had a partnership with the Association of Southeast Asian Nations (ASEAN). Canada is also a strong member of the Asia Pacific Economic (APEC) forum and is joining the negotiation for a Trans Pacific Partnership.

Clearly, Canada and South Africa both understand the importance of building international networks in this era of globalization.

We have demonstrated this understanding through our actions.

Over the past several years, Canada and South Africa have signed or made progress on a number of bilateral agreements, ranging from air services to customs to nuclear co-operation. These and other agreements and negotiations reinforce the fact that, for an increasing number of Canadians, South Africa is seen as the gateway to the African continent.

Canadians and South Africans are partners in new and exciting initiatives in research, education, mining, aerospace, agriculture, food services, transportation and energy.

Another example of our collaboration involves a number of South African post-secondary institutions, including the University of Cape Town, the University of the Western Cape, Stellenbosch University and, of course, this impressive university where we gather this evening.

Earlier today I had the privilege of visiting faculty and students from these universities at the Cape Town campus. They are involved in a wonderful partnership, which sees Canadians and South Africans working together in the building of the Square Kilometre Array Telescope.

Though still in the early stages, this project is a symbol of international co-operation for the benefit of all humankind. The building of this telescope has drawn in a wide range of partners. It boosts our collective knowledge, has positive impacts on our economies, and brings us closer together.

It also reminds us that, in today’s world, new discoveries are rarely made in isolation. Rather, they more often occur as the result of collaboration between schools and research institutions, the private sector and governments.

Another great example of Canada-South Africa collaboration is our work in establishing and nurturing the African Institute for Mathematical Sciences and the Next Einstein Initiative. This idea came from physicist Neil Turok, a South African who now heads up the Perimeter Institute for Theoretical Physics in Canada–and whose father, Ben, is, of course, a member of the national assembly.

Permit me a small digression to say that I have quoted Neil Turok in my speeches on a number of occasions. He is a close personal friend and a brilliant and humane individual. The institute he set up with support from the Canadian Government and others here in Cape Town is truly innovative. The aim is to help build a critical mass of scientific and technical talent on this continent, and I am delighted to see the idea catching on in other African countries.

I am very hopeful of its success. I believe that they will produce the
next Einstein from Africa.

What a remarkable example of the positive impact our partnerships can have!

That which is true for scientific discovery applies to so much in our world today. A curious feature of globalization is that it both enables and requires collaboration.

Working together, we can help one another to develop, grow and diversify.

As governor general of Canada, I can assure you that our country is eager to strengthen ties with South Africa. This is true, not least in higher education, a sphere of particular interest to me as a former teacher and university administrator.

Last year, Canada was pleased to host 615 post-secondary students from South Africa, and we would, of course, welcome many more.

Similarly, I never hesitate to encourage Canadian students to study, teach or volunteer overseas as all of my five daughters have–in 17 different countries, and counting. As someone who strongly believes in the power of learning to bring people together, I am hopeful that our students, teachers and schools will embrace what I like to call the
diplomacy of knowledge.

Time and again in my life, I have seen how remarkable things can happen when people from diverse backgrounds and communities come together to learn, innovate and share knowledge and experiences.

The diplomacy of knowledge works on many levels, through governments, institutional contacts and people-to-people ties. We have so much to learn from each other.

Let me share with you one last example of how our respective experiences are helping us to build smarter, more caring societies.

I am speaking of South Africa’s experiment in truth and reconciliation following the end of apartheid.

This country’s innovative Truth and Reconciliation Commission was widely viewed as a model for addressing the injustices of the past while laying the foundations for a brighter future.

Canadians noticed, and today we are attempting our own journey of reconciliation using a similar truth-telling commission, which aims to address the historic injustices of the Aboriginal residential school system.

Learning from our mistakes, while seizing the opportunities before us, are the means by which we can create the better world we all desire.

For two countries situated at opposite ends of the planet, we have much to offer each other. Our relationship is politically, commercially and culturally significant.

As leaders of our respective nations, we must ensure that every one of our partnerships achieves prosperity, sustainability and social responsibility in equal measure. When it comes to increasing wealth and well-being in the 21st century, our choice is not “either/or,” but rather “and/both.”

Canadian poet and lawyer F.R. Scott once wrote:

“We grow to one world / Through enlargement of wonder.”

And he also said “I am a citizen of the world living in a country of the mind”.

How apt for this time in history and for our young.

Canadians are interested in learning more about South Africa and discovering its great potential. And the gracious welcome South Africans have shown to us can be taken as a sign that the people of this country, as well, are ready to discover the promise of Canada.

Let us therefore seize this opportunity to work together for a more fair, just and prosperous world.

Thank you.”

 

Nov. 2 2012 Genocide / Apartheid Information Submission to the U.N. Special Rapporteur on the rights of indigenous people by: Ka-nyen-geh-ha-kah (Mohawk) Workers of Grand River – Kanata

Information to the Special Rapporteur on indigenous rights from Mohawk Workers

November 2 2012 Information Submission

c/o OHCHR-UNOG
Office of the High Commissioner for Human Rights
Palais Wilson
1211 Geneva 10, Switzerland

Source: Jason Bowman (for Bill Squire)


Summary of Events:

On-going violations of indigenous peoples’ rights over lands and natural resources, including dispossession and removal, lack of prior consultation regarding development projects, and other transgressions including violations of treaty and human rights at Tutela Heights and elsewhere within the Haldimand (Ouse / Grand River Territory).

To: Special Rapporteur on the rights of indigenous peoples

c/o OHCHR-UNOG
Office of the High Commissioner for Human Rights
Palais Wilson
1211 Geneva 10, Switzerland

Source: Jason Bowman (for Bill Squire)
Source Contact Information: Address: Kanata Village – 440 Mohawk Street
Brantford, Ontario, Canada, N3T 3C4E-mail: greatwhiteroots@gmail.comWebsite: https://rotinonshonnionhwetkanatahere.wordpress.com
Description of Submitting Organization: The Kanienkahagen people of the Mohawk Nation of the Ouse / Grand River Territory (as the Mohawk Workers) represent the ‘head’ and leaders of the League of Five Nations Confederacy, and are trustees and protectors of the Haldimand Proclamation of 1784
Alleged Victims or Community Affected: The Mohawk Workers as the Kanienkahagen people of the Mohawk Nation of the Ouse / Grand River Territory
Alleged Perpetrators: Bill Doherty, Walton Development and Management GP Ltd., Riverbend Asset Management Corporation, the County of Brant, the Province of Ontario, the County of Canada, and others to be named.
Summary of Events: On-going violations of indigenous peoples’ rights over lands and natural resources, including dispossession and removal, lack of prior consultation regarding development projects, and other transgressions including violations of treaty and human rights at Tutela Heights and elsewhere within the Haldimand (Ouse / Grand River Territory).
Additional Comments: Canadian federal and provincial legislation and policies have directly impacted the Kanienkahagen people of the Mohawk Nation of the Ouse / Grand River Territory as indigenous peoples in ways set out within the attached preliminary synthesis of allegation information.
Documents: [See: Attached November 2, 2012 Preliminary Synthesis of Allegation Information from Jason Bowman]
Please see attached synthesis of pertinent information as per Mr. Anaya’s direction.

November 2 2012 Information to the Special Rapporteur

The Mohawks of the Ouse / Grand River territory plan to submit these allegations to the Ontario Superior Court on Friday including a motion for directions, and also to the Federal Court of Canada shortly thereafter.  We have copied the Ontario Ministers of Environment, Culture and the Attorney General as well as forwarded our complaint allegations to Ontario’s Private Security and Investigative Services Branch of the Ministry of Community Safety and Correctional Services. We are thankful for the opportunity to have submitted same to the U.N. Special Rapporteur’s office.

Our hope is that the alleged offending entities including branches / arms of Canadian governments may be compelled to respect relevant international protocols commencing on Friday domestically.  We understand that mechanisms take time to work. Our fear is that further disturbances, digging and disruption / corruption of these sacred sites and other irreparable harm will be permitted to occur at the hands of the Ontario Superior Court and / or other Canadian entities notwithstanding our allegations and objections.

May 20, 2013 – New York, NY

Ka-nyen-geh-ha-kah (Mohawk) Workers address redress and followup at UN with James Anaya, Special  Rapporteur, and human rights officials RE: November 2, 2013 case against Canada, et al. respecting apartheid / genocide & restoration of a Homeland.

May 20, 2013 “Victoria Day” Meeting between the Mohawk Workers of the Ouse / Grand River representing the Ka-nyen-geh-ha-kah (Mohawks) of Grand River and UN Special Rapporteur James Anaya in respect of an apartheid / genocide case against Canada, Walton International, and other entities took place:

Seeking: Full compensation for all damages including apartheid, genocide and lands usurped and corrupted without color of right.

Our hope is that the alleged offending entities including branches / arms of Canadian governments may be compelled to respect relevant international protocols commencing on Friday domestically.  We understand that mechanisms take time to work. Our fear is that further disturbances, digging and disruption / corruption of these sacred sites and other irreparable harm will be permitted to occur at the hands of the Ontario Superior Court and / or other Canadian entities notwithstanding our allegations and objections.

INM and Defenders Call to Action

May 20 IdleNoMore  Call to Action

May 20 IdleNoMore
Call to Action

https://www.box.com/s/b4nliy1q8u1f0v8n3j9g

2013 may 20 idlenomore call to action defenders of the land may 20

IdleNoMore Call to Action: Defenders of the Land

2013 may 20 idlenomore call to action defenders of the land may 20 why and how2013 may 20 idlenomore call to action defenders of the land may 20 our water is not for sale

Sovereignty Summer

Sovereignty Summer

Ka-nyen-geh-ha-kah (Mohawk) Workers Seek Redress at UN for Years of Oppression Including Apartheid / Genocide & Restoration of a Homeland #INM

May 20, 2013 “Victoria Day” Meeting between the Mohawk Workers of the Ouse / Grand River representing the Ka-nyen-geh-ha-kah (Mohawks) of Grand River and UN Special Rapporteur James Anaya in respect of an apartheid / genocide case against Canada, Walton International, and other entities takes place:

Manhate New Amsterdam 1664 Wall Street Slave Trade

Manhate New Amsterdam 1664 Wall Street

A statement was given by the the Mohawk Workers’ delegation at in the lobby of the UN Millennium Plaza Hotel in New York at 7:00 pm where delegates were available in order to answer questions in respect of the attached letter to the UN Special Rapporteur, as well as the preliminary outline of UNDRIP allegations. #IdleNoMore co-founder, Sylvia McAdam and other supporters were invited to take part as well.

UPDATE from New York (8:30 p.m May 20):

Ka-nyen-geh-ha-kah (Mohawk Workers) Delegates Rakwirehawi and Ratsiahawe described the meeting as having developed “very well”, and expressed their gratitude to the Special Rapporteur for meeting with the delegation.

2013 May 20 o-e Letter RE Meeting with James Anaya – Special Rapporteur on the rights of indigenous peoples

Ka-nyen-geh-ha-ka (Mohawks) of Grand River – Submission of UNDRIP Violations Chart with UNDRIP Article, Issues / Evidence of Contravention or Violation, and Redress Sought

manhate slave trade

1600’s Dutch / British Corporate Slave Trade on Manhate (Manhatten)
(Taking place within un-ceded Onkwehon:we lands under alien state/corporate/church coventures into expanding and evolving systems of apartheid and genocide).

UNDRIP Article
1. Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.

NOTE: Due to the rule of continuity, a state does not disappear and reappear; it remains the same actor and is bound by past obligations.1

Just as Germany is responsible for the acts done by Nazis; South Africa is responsible for apartheid government crimes; so too is Canada responsible for apartheid government crimes. The binding force of obligations is normative – by way of relations with other states.2

diorama iroquois village nysm

Onkwehon:we Unity and Harmony

Issue / Violation:
The Indian Act – Section 20 – Possession of lands in a reserve 20. (1) No Indian is lawfully in possession of land in a reserve unless, with the approval of the Minister, possession of the land has been allotted to him by the council of the band.

Evidence / Preliminary Submission
20. (4) Where possession of land in a reserve has been allotted to an Indian by the council of the band, the Minister may, in his discretion, withhold his approval and may authorize the Indian to occupy the land temporarily and may prescribe the conditions as to use and settlement that are to be fulfilled by the Indian before the Minister approves of the allotment.

6 Targets Wanted for Questioning (Observed at Subject Property on Wed. Sept. 12, 2012)

6 Suspected Walton Corp.  Targets Wanted for Questioning by Mohawk Workers – Kanata
(Observed at Tutela Heights  on Wed. Sept. 12, 2012 within Ancient Tutelo Longhouse, settlements & Burial Site area without Ka-nyen-geh-ha-kah (Mohawk) authorization.

There are numerous other prima facie examples of government apartheid and other violations of recognized human rights including Canada’s policy of imprisonment by race as evidenced by inter alia, former Supreme Court Justice Frank Iacobucci’s “alarming” February 26, 2013 report recognizing that our people face “systemic racism” within the Ontario provincial justice system. Great Britain and Canada’s depraved residential school genocide including Canada’s current policy to conceal evidence and neglect to prosecute plain and obvious crimes against humanity constitutes perhaps the most egregious example of deviousness and repugnancy demonstrated by a state in our peoples’ history.

Redress / Assurances Sought:
1. Acknowledgment of the title I carry for my people, and the Ka-nyen-geh-ha-ka of Grand River’s inherent right to full autonomy including sovereign self-governance (true democracy according to our tradition and beliefs, pursuant to the Law of Great Peace) within our Grand River allodial territorial homeland as pledged, without interference, of any kind on the part of the state of Canada including derived entities and corporations.

Onkwehon:we Community Culture and Teaching of Children before alien TB and Flu epidemics and assimilation genocide.

Onkwehon:we Community Culture and Teaching of Children before alien TB and Flu epidemics and assimilation genocide.

2. Full recognition of Canada’s obligations in respect of succession of Great Britain’s covenants and treaty obligations; in particular the Royal Proclamation of 1763, Haldiamnd’s Pledge of 1779, Haldimand’s Proclamation of 1784, and the 1713 Treaty of Utrecht.

Haldimand Proclamation of 1784  (Original Copy Held by the Mohawk Workers)

Haldimand Proclamation of 1784
(Original Copy Held in Trust by Mohawk Workers)

3. Full compensation for all damages including apartheid, genocide and lands usurped and corrupted without color of right.

1713 Treaty of Utrecht   s. 15  "No Molestation of Hindrance" of Five Nations Onkwehon:we

1713 Treaty of Utrecht s. 15 “The Subject of France and others inhabiting Canada shall hereafter 
Give no Hinderance or Molestation to the five nations” Onkwehon:we

UNDRIP Article

2. Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.

NOTE: “Indian” according to the Indian Act, means: “A person who pursuant to this Act is registered as an Indian or is entitled to be registered as an Indian.”

Ohrerekó:wa, known as Edwin (Ted) Squire Hill, Principle Chief for  Ka-nyen-geh-ha-kah Wolf Clan (Mohawks) of Grand River carries Chief’s antlers and a title for our people as set out within the foundation of what is known as the 5 Nation Confederacy or League of Great Peace.

Ohrerekó:wa, known as Edwin (Ted) Squire Hill, Principle Chief for Ka-nyen-geh-ha-kah Wolf Clan (Mohawks) of Grand River carries Chief’s antlers and a title for our people as set out within the foundation of what is known as the 5 Nation Confederacy or League of Great Peace.

Our people are Onkwehon:we – original people and custodians of our lands by birthright, yet Canada’s apartheid policies render our people landless tenants and virtual state wards robbing us of equality and our identity due to our racial origins. Widely-published facts including statistics indicate that racist / sexist stereotypes deny the dignity and worth of Indigenous people–women in particular–which conditions increasing numbers of predators to engage in violent / hateful acts against them. This is increasingly aggravated by inflammatory / racist media commentary, and is clearly and abundantly evidenced in hateful commentary / rhetoric published in on-line comment sections operated and controlled by SunMedia and certain other corporate media entities.

Corporate Cyber Propaganda

Corporate Cyber Propaganda Belittling Mohawk United Nations and Brantford Council delegations.

In addition, decades of racist state policies have impoverished and broken apart Indigenous families / communities, leaving many Indigenous people extremely vulnerable to exploitation / violence, incarcerated, or otherwise wards of the state. In instances within this territory and throughout the lands, police forces and indeed many state and state-enacted entities have failed to institute necessary measures such as training, appropriate investigative protocols and accountability mechanisms, to eliminate bias in how they respond to the needs of Indigenous victims of hatred, violence and discrimination, particularly women and their families. In the Northwest Territories, 95% of children in foster care are indigenous. [2011 National Household Survey]

Redress / Assurance Sought:

Tien Tan Pham beaten in his home by police after he called 911 to request assistance for police warrantless intrusion into his dwelling.

Tien Tan Pham beaten in his in home and heaved into a door by police after he called 911 to request assistance for police warrantless intrusion into his dwelling. It’s Pham and his guests who are charged and before the courts for the vicious police intrusion into a private dwelling place.

4. The enactment of meaningful legislation which includes efficient and effective mechanisms to seek redress, preventing Canada including derived entities and corporations from interfering with our peoples’ right to full enjoyment of life, liberty and freedom of the person.

5. Acknowledgement and reorganization of the Gayanerekowa, the foundation and constitution of our system of order and governance on the part of the state and state-enacted entities.

UNDRIP Article
3. Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Evidence / Preliminary Submission
On October 7, 1924, the RCMP stormed the Six Nations Council House, dissolved the Confederacy, and forcibly imposed an elected Band Council in its place, forcing traditional chiefs who carried titles for our people to assimilate – or face persecution. A “homogenous culture” was promoted, and forced assimilation has increasingly become Canada’s endorsed and implemented acculturation strategy. The elected band council system remains in place to-date notwithstanding persistent unsuccessful attempts to return to our traditional system which remains fractured and suppressed.

May 17 2013 CBC News The National - Comments on silly story and conern of corporate propaganda / state cover-up / blackout

May 17 2013 CBC News The National – Comments on silly story and conern of corporate propaganda / state cover-up / blackout

Redress / Assurance Sought:
6. Assurances that Ka-nyen-geh-ha-kah will no longer be forced and expected to adhere to alien laws without our prior and informed consent in accordance with Queen Anne’s Order in Council dated 10 July 1704 recognizing my people’s original jurisdiction.

Gayanerekowa  "Great Harmony"

Gayanerekowa
“Great Harmony”

UNDRIP Article
4. Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

5 Nation League of Great Peace

5 Nation League of Great Peace circa 1712

Notes: Queen Elizabeth recognized most recently in 2013 that the Ka-nyen-geh-ha-ka (Mohawks) of Grand River as her allies and conveyed her greetings to our people distinctly. She has agreed to act within the capacity of her Governor General on the advice of her Canadian ministers in respect of our territorial appeal in respect of inter alia, our Grand River Homeland, an accounting for the period 1784-1867, etc.

Evidence / Preliminary Submission

The Rising of the Ongwehonwe - Sovereignty Identity and Representation

Under the forcibly imposed Indian Act and elected Band Council regime, our people must struggle in order to exercise any right to meaningful self-determination or traditional self-governance. Aside from our ally, Queen Elizabeth, recognition by Canada and on all state levels remains obsolete. Autonomous traditional functions were dissolved and utterly eliminated and an oppressive and discriminatory practice of Federal funding maintains and fosters nepotism, corruption and discrimination.

The Rising of the Ongwehonwe - Sovereignty Identity and Representation - Mohawk Workers charge corruption

Mohawk Workers charge corruption

The elected council and our communities must thereby adhere to all Federal and Provincial polices without the opportunity to participate in decision-making at such levels. The Six Nations Elected Band Council’s municipal-modeled assimilation regiment enacted, controls and currently funds a Ceremonial “Haudenosaunee Confederacy Council” which in turn controls an entity known as “Haudenosaunee Development Institute” or HDI who employs Ontario Lawyer Aaron Detlor. Despite expenditures of millions by both State-funded councils annually in legal costs in respect of Grand River territory dispute negotiations without our people’s consent, to-date neither a scintilla of land, nor a single reparation payment has been achieved.

Invoice and debts approach 1 Trillion - City remains in obstructive denial mode despite promises and acknowledgments that claims are "totally valid"

Invoice and debts approach 1 Trillion – yet city of Brantford remains in obstructive denial mode despite promises and acknowledgments that claims are “totally valid”

Redress / Assurances Sought:
7. Compensation and redress for damages and suffering caused at the unclean hands of the states of Canada and Great Britain, including the delivery of an accounting, and proportionate return of all “Indian Trust” monies taken or otherwise derived by the state from the part of our people enabling our people to exercise self-determination, autonomy and independence.

8. Undertaking on the part of the State of Canada to Queen Elizabeth to act within the the rule of law including customary and obligatory British covenants, treaties and proclamations and introduce / demonstrate measures including a functional mechanism to hold relevant levels and derived entities to these obligations within its federal capacity in respect of our territorial appeal in respect of inter alia, our Grand River territory, an accounting for the period 1784-1867, etc.

UNDRIP Article
5. Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

City of Brantford Refuses water services Mohawk Wokers of Kanata - yet Spiritual Fire Burns for Onkwehon:we and all to give thanks.

City of Brantford Refuses water services Mohawk Wokers of Kanata – yet Spiritual Fire Burns for Onkwehon:we and all to give thanks.

Evidence / Preliminary Submission
Our constitution, the Gayanerekowa pre-dates European law and imposed jurisdiction. The Ka-nyen-geh-ha-ka, who are the founders and head of the League of Great Peace have been prevented from maintaining this system of order by the state, thereby destroying our entire way of life including peaceful co-existence with other people and our natural environment. We have never consented to assimilate or abandon this codified system of natural harmony, peace and order.

Redress / Assurances Sought:
8. The implementation of a hybrid system whereby our traditional systems of order can be re-instilled within our Grand River territorial homeland providing options for our people to also participate fully within Canadian state systems outside of the jurisdiction if and as any of our people choose freely to do so.

MOHAWK logo600dpi Article:
6. Every indigenous individual has the right to a nationality.

Evidence / Preliminary Submission:
Indian Act policies and practices enable the state to unilaterally and arbitrarily label our people with false “nationalities”. From 1867 to present day, Canada refuses to officially recognize Ka-nyen-geh-ha-kah as a people or nation. Often Ka-nyen-geh-ha-ka are falsely registered within “Band Lists” as Cayuga, Seneca, or other nationalities with no meaningful method of obtaining redress which is tantamount to administrative genocide.

Redress / Assurances Sought:
9. Official recognition of the Ka-nyen-geh-ha-ka as a distinct people on the part of all levels of the state within Canada.

UNDRIP Article:
7. (i) Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.

Contact us & help to stop the further corruption of Mohawk Lands by unauthorized parties.

Contact us & help to stop the further corruption of Mohawk Lands by unauthorized parties.

Evidence / Preliminary Submission:
See: February 26, 2013 Report on First Nations Representation on Ontario Juries; “I have called it a crisis, a serious crisis. And I am not an alarmist. We are talking about the lives and liberties of people. I don’t know if you can get more of an important issue subject than that… We can’t continue to treat First Nations as objects. We have to be partners. I don’t care if it is in the justice system or economic development. It is going to take time.” – Former Supreme Court Justice Frank Iacobucci, February 26, 2013.

Child / Plastiras Ignore Notice From Mohawks of the Ouse - Corporate Frauds and Currency Crimes Fail to cause a single investigation by Canadian authorities who accept donations and paybacks from corporate gravediggers and taskmasters.

Child / Plastiras Ignore Notice From Mohawks of the Ouse – Corporate Frauds and Currency Crimes Fail to cause a single investigation by Canadian authorities who accept donations and paybacks from corporate gravediggers and taskmasters.

See also: “Close to one-in-four inmates in federal penitentiaries today are of Aboriginal ancestry, yet Aboriginal-specific legislative provisions are chronically under-funded, under-utilized and unevenly applied by the Correctional Service. In failing to fully meet Parliament’s intent, my review concludes that the federal correctional system perpetuates conditions of disadvantage for Aboriginal people in Canada.” Howard Sapers, Federal Correctional Investigator, Office of the Correctional Investigator March 7, 2013 – Spirit Matters

Onkwehhon:weh Rising

Onkwehhon:weh Rising

According to the Canadian Institute of Child Health, our indigenous youth commit suicide five to six times more often than their non-indigenous peers. Our males (aged 15-24 years) die from suicide at a rate of 126/100,000 vs the national average males of the same age who are lost at 24/100,000. Our young women (aged 15-24 years) are lost to suicide at 35/100,000 compared with 5/100,000 National. Research reveals relationships between cultural factors, such as self-governance, land claims negotiation, local control over education and health services, and lower rates of youth suicide in Indigenous populations.

A March 7, 2013 Special Report on Aboriginal Corrections by Federal Correctional Investigator, Howard Sapers states: “Close to one-in-four inmates in federal penitentiaries today are of Aboriginal ancestry, yet Aboriginal-specific legislative provisions are chronically under-funded, under-utilized and unevenly applied by the Correctional Service. In failing to fully meet Parliament’s intent, my review concludes that the federal correctional system perpetuates conditions of disadvantage for Aboriginal people in Canada.” The report found that an “alarming” upward-trending (40%) increase in the Aboriginal incarcerated population between 2001-02 and 2010-11, and “worst of all, no progress in closing the large gaps in correctional outcomes between aboriginal and non-aboriginal inmates.” The report found that such destructive social policies have marginalized indigenous people and that such an on-going and institutionalized practice “defines systemic discrimination.”

The cumulative effect of untold volumes of similar and related state and state-derived commissions, reports, study, and co-called “consultation” strewn over many decades at all state-levels is a failure to curb Canada’s persistent attacks upon the rights and lands of our people, notwithstanding persistent clear and compelling evidence of systemic racism, apartheid and genocide time after time.

“I am of the view once Canadians see the truth of what is going on, they’ll be convinced we need to do something about it.” – Former Supreme Court Justice Frank Iacobucci, February 26 2013

Redress / Assurances Sought:
10. Commitments from the United Nations to take all necessary steps, on an urgent basis, toward the immediate appointment, deployment and instillation of United Nations peacekeepers and / or observers within our territory and in Brantford in order to document and report upon progress in respect of achieving meaningful transition from the current repugnant crisis to peaceful and respectful coexistence within our Grand river territorial homeland.

11. Implementation at all state levels of proportionate funding formulas sufficient to deal appropriately with our people’s physical and mental health crisis, as well as social and economic inequalities resulting from injustices perpetrated on our people by the state.

12. The immediate return to our communities of all children who have been taken by the state, and compensation provided to all families devastated by such inhuman acts.

13. The imposition of a deadline of July 1 2013 for Canada to provide a commitment with assurances to our people that it shall adhere to the UNDRIP in both spirit and good faith and in practice including by the enacting of measures sufficient and necessary to effectively compel all state levels and state-derived entities to same.

UNDRIP Article:
7. (ii) Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

Evidence / Preliminary Submission:
Our people continue to endure on-going systemic genocide at the unclean hands of the state and state-derived entities on many fronts at Federal, Provincial, and municipal levels both inside and out of our Grand River territory. Increasing instances of targeting and forced removal of our children by dysfunctional both Native and Non-native “social services”-guised entities is not only utterly inconsistent with our traditions, moreover, it causes an exponentially-cumulative effect of expanded genocide.

Politician (Brantford Mayor) Friel admits claims are massive - legit - and must be paid in August 28 2000, but now says he's not squatting.

Politician (Brantford Mayor) Friel admits claims are massive – legit – and must be paid in August 28 2000, but now says he’s not squatting.

Redress / Assurances Sought:
14. Economic sanctions against the state of Canada may be only stimulus sufficient to motivate this regime to respect and indeed adhere to the rule of law in these grave and urgent circumstances and realities as presently exist. Our children – our future generation is held in the balance facing increasing threats evidenced by diminishing survival odds.

UNDRIP Article:
8. (i) Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.

Evidence / Preliminary Submission:
Canada’s recent history of passing unpopular, controversial federal omnibous legislation without consultation with our people has an increasing net effect of further assimilating us into undesired systems, destroying our environment and culture, and increasingly subjecting us to foreign and inhumane ‘welfare-state’ existences in place of recognizing, respecting, and protecting our distinct spiritual connection to our environment including lands and resources.

Redress / Assurance Sought:
15. The repeal or nullification of legislation at all state levels which is evidenced to be inconsistent with prevailing humanitarian standards and law, or which has been enacted in lieu of meaningful consultation / participation with our people if it affects us either directly or indirectly.

Baltimore Orioles seen at Kanata meters from a toxic City pay-dump & sewage methane facility.

Baltimore Orioles seen at Kanata meters from a toxic City pay-dump & sewage methane facility.

 Article:
8. (ii) States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;

Evidence / Preliminary Submission:
Canada’s current regime has become increasingly hostile to mechanisms which protect human rights. “Human rights commissions, as they are evolving, are an attack on our fundamental freedoms and the basic existence of a democratic society. It is in fact totalitarianism. I find this is very scary stuff.” – Steven Harper, 1999

Redress / Assurance Sought:
16. Technical assistance from the United Nations in order that true copies of all relevant records and documents in the possession of all state-levels be secured without delay in light of Canada’s historical violations of disclosure obligations and bad faith.

UNDRIP Article:
8. (ii) (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

Evidence / Preliminary Submission
Canada as a state today, lacks any meaningful mechanism which can adequately protect our land and resources from increasing plunder. All directly or in-directly federally-funded entities guised to effect meaningful protections remain subject ultimately to the increasingly totalitarianistic regime. There is not a single instance of any attempt undertaken by my people to-date, throughout the course over 200 years of persistent struggles, which has achieved any significant measure of success in respect of curbing the dispossession of our people of our lands and resources.

Up to 50,000+ L of jet fuel is suspected to have been dumped subsequent to 1:21 a.m. EDT On Oct 10 from United Flight 934 - Canada refused to talk about it and yet wrongfully asserts jurisdiction - without consultation, responsibility, or accountability whatsoever.

Up to 50,000+ L of jet fuel is suspected to have been dumped subsequent to 1:21 a.m. EDT On Oct 10 from United Flight 934 – Canada refused to talk about it and yet wrongfully asserts jurisdiction – without consultation, responsibility, or accountability whatsoever.

Redress / Assurance Sought:
17. Economic sanctions against the state and guilty state-derived entities could deter on a punitive basis, while at the same time providing for compensation to our people, for the corruption and wholesale theft of our lands and resources from our future generations. Entities which respect our land and resources ought not to be punished for the wanton acts of individually depraved and reckless plunderers.

Mohawk Haldimand Tract

Lands Proclaimed in 1784 by Haldimand to the Mohawks “forever”.

UNDRIP Article:
8. (ii) (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;

Evidence / Preliminary Submission:
NOTE: At the time of our settlement at Mohawk Village at Brant’s Ford in 1784, the land was inhabited by nearly all indigenous peoples pursuant to our customs. According to 2011 NHS data, the population has been obliterated with Brantford non-indigenous occupants currently making up 91.7% of the population.

joseph brant

Joseph Brant

Redress / Assurances Sought:
18. Impose an immediate moratorium in respect of unauthorized development and resource extraction on lands claimed by our people pending a binding disposition.

19. Commitment to a transition protocol which acknowledged that the return of Ka-nyen-geh-ha-ka lands usurped by the state at Brant’s Ford and Tutela Heights, and elsewhere within our territory is necessary, just, and far past-due.

UNDRIP Article:
8. (ii) (d) Any form of forced assimilation or integration;

a walton chart

Evidence / Preliminary Submission:
NOTE: Net effects of mass alien immigration within our territory has resulted in less than 400 individuals who can still speak an indigenous language living in Brantford. Indigenous only among the 380 Aboriginal people who reported an Aboriginal language as mother tongue, 26.3% could no longer conduct a conversation in this language, despite the fact that they still understand it. The current regime continues to openly advocate for and implement increasing forced assimilation and integration strategies upon our people. This is evidenced by its racist “Aboriginal Skills and Employment Training Strategy, which is an integrated approach to Aboriginal labour market programming that links training to labour market demand.” While the assimilation scheme supports some 80 indigenous organizations in the delivery of “programs and services to increase Aboriginal participation in the Canadian labour market”, it focuses on three strategic assimilation agendas: supporting skills development only for those indigenous participants who willingly integrate or assimilate into the Canadian workforce; offering the private sector with subsidized assimilated indigenous peoples and the provinces and territories; and accountability and results. The program was launched in April 2010 with funding of $1.6 billion over five years.

Redress / Relief Sought:
20. Clarification from the United Nations including assurances that having been deprived of our ancestral lands under colonialism and apartheid, access to land for the dispossessed ought not be equated with the protection of property acquired under apartheid, and as a consequence of genocide. This entails a commitment to ensuring a full accounting and truth and reconciliation with the collective dispossession suffered by the Ka-nyen-geh-ha-ka.

UNDRIP Article:
8. (ii) (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Evidence / Preliminary Submission:
“Mr. McHale’s urging of Douglas Fleming to ignore police requests and to take further steps to block the road only served to increase the volatility of an already dangerous situation unfolding that day.” – Crown attorney Brent Bentham, April 2013.
“But for you, Caledonia would have been a relatively peaceful place.” Ontario Provincial Police Commissioner Julian Fantino.

Especially disturbing was the appropriation of Martin Luther King’s words to support an anti-native cause: “These right-wingers say that they’re anti-racist, that they’re fighting for equality for all. But what they’re really calling for is an end to all land rights and treaty rights for all First Nations people…They’re taking some of the most important principles that we hold dear and are misappropriating them in order to increase tensions and divisions between Six Nations people and Caledonia. Whether they admit it or not, their activity increases the potential for violence against First Nations people.” Niki Thorne of CUPE 3903 First Nations Solidarity Working Group (FNSWG)

On April 21, 2010 the Crown stayed a charge against self-proclaimed Canadian Advocates for Charter Equality executive director and notorious provocateur, Gary McHale – a man the Crown still contends was attempting to incite civil disobedience at a protest against an indigenous people in Caledonia – stating publicly that it was still the Crown’s position there is a “reasonable prospect of conviction”, notwithstanding its unexplained act and despite having accused McHale of being behind numerous confrontations against Indigenous people and police. Fantino, while on the stand in April 2009, accused McHale of being an agitator who provoked confrontations and baited
police.

In 2009 McHale took part in attempting to establish the “Caledonia Militia”, and on March 21st, 2010 his organization organized a rally for what it described as “race-based policing” that discriminates against white people on the same day anti-racist and Indigenous solidarity activists organized to denounce the escalation of racism and colonial violence on both occasions.

McHale and his group perversely appropriated the language of “Truth and Reconciliation” and further mocked “Indian Residential School” survivors by publicly demanding that an official apology be issued to the people of Caledonia from the Ontario Provincial Police (OPP), Ontario government, and Indigenous peoples. Escalating tensions, McHale’s group announced it intended to erect an “apology monument” on Kanonhstaton (Indigenous reclaimed land) and demanded a similar apology from the government as that given to the Indigenous people in respect of the residential school system.

Canadian Advocates for Charter Equality executive director, Gary McHale received a Queen’s Diamond Jubilee Medal on February 18, 2013. “This medal sends a strong message that the OPP and all political parties should take note (of)… Citizens will not surrender their rights and freedoms on the altar of political correctness.” – McHale, 2013. 21. An undertaking to investigate how McHale came to become one of only 60,000 “deserving Canadians recognized for their contributions to Canada or to a particular province, territory or community, or for their outstanding achievement abroad that has brought great credit to our country”, – and which contributions specifically contributed to his award.

Redress / Assurances sought:
22. Assurances that the United Nations will engage this situation in order to fully investigate same – and to protect our people from racial / ethnic discrimination which the state appears to reward.

NOTE: The shock of the Holocaust served to signify a change in prevailing conceptions of law – return to Natural Law which is founded in harmony and where the notion that sacred values exist and an elementary level of humanity that cannot be transgressed. It further served to illustrate why violence required moderation by an international system. Our current situation illustrates the urgent need for dialectic and the increasing levels of hatred and violence being fostered against our attempts to obtain redress within domestic and now international legal systems.

UNDRIP Article:
9. Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

Evidence / Preliminary Submission:
Apartheid in South Africa was based upon the Canadian reserve system experience. The punitive effect of internationally-imposed sanctions finally brought about an end to South African oppression. Meanwhile Canada’s assimilation, genocide and apartheid remains unaddressed, uncurbed, and unacceptable in that our people continue suffer the denial of the right to our own Nation in accordance with our traditions and customs.

Redress / Assurance Sought:
23. A declaration and commitment to end apartheid within Canada at all state levels.

UNDRIP Article:
10. Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

Evidence / Preliminary Submission:
During our early history with Great Britain, it was the Crown who protected our people from the likes of non-indigenous land speculators, fraud, trespassers, squatters and racism victimizing us. Currently, the state of Canada (at all levels) maintains obstructive and oppressive policies which frustrate our attempts to resolve past and on-going violations of our rights. Canada’s official “Land Claims Policy” is fundamentally flawed and inconsistent with the rule of law.

Redress / assurance sought:
24. An acknowledgement that laws / policy in existence past or present, under Canada’s apartheid system legitimizes neither the unlawful acts of forced removal and relocation, nor can it in any way justify discrimination, apartheid and genocide under any circumstances or guise.

(Opening) United Nations Permanent Forum on Indigenous Issues, 12th session – ECOSOC 20 May 2013

Opening ceremony of the Twelfth session of the United Nations Permanent Forum on Indigenous Issues

Mohawk Workers Invited to U.N. to Raise Apartheid & Genocide Allegations at Historic Meeting in New York with James Anaya, UN Special Rapportur on the Rights of Indigenous Peoples

2013 may 15 - teka news - Mohawk Workers invited to UN

April 29, Letter to the Office of the High Commissioner for Human Rights
James Anaya, Special Rapporteur on the Rights of Indigenous Peoples

Greetings,

We wish to pre-register the Mohawk Workers of the Ouse / Grand River for possible participation and consultations with James Anaya at this event in New York next month.  We also hope you are able to visit our Grand River Territory in order to meet with Ohrerekó:wa, Principle Chief – Ka-nyen-geh-ha-ka (Mohawk) Wolf Clan, and others from our community when you are in Canada in order to better understand our situation.

Our mission is to seek redress for years of oppression including apartheid and genocide and the restoration of a Ka-nyen-geh-ha-kah homeland within our Haldimand Territory.

We expect to engage all relevant parties in the hopes of commencing resolution discussions in advance of the Special Rapporteur’s visit to Canada which we understand is finally set to occur within the coming months.  At this time we expect to further raise concerns of gross violations of the U.N. Declaration of the Rights of Indigenous Peoples, apartheid and genocide, and follow up on our preliminary submission made in 2012.

The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity “committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.”

On 30 November 1973, the United Nations General Assembly opened for signature and ratification the International Convention on the Suppression and Punishment of the Crime of Apartheid. It defined the crime of apartheid as “inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them.”

2013 may 15 - teka news - First Nations welcome scrutiny of United Nations