Grand River Territorial Air Space

E-mail to: holly.dickson@tc.gc.ca

October 11, 2012

Holly Dickson, Aviation Enforcement Officer
Transport Canada – Aviation Enforcement
344 Edmonton Street
Winnipeg, MB, R3B 2L4, Canada

RE: OUR FILE NO.: 20121002NFZ – NOTICE OF COMPLAINT – UNAUTHORIZED INTRUSIONS / TRESPASSES OF AERONAUTICAL NATURE WITHIN MOHAWK (GRAND RIVER) TERRITORIAL AIRSPACE – REQUEST FOR ENFORCEMENT ASSISTANCE – NO-FLY ZONE

Dear Holly:

Pursuant to our October 3 telephonic conversation with regards to the subject of unauthorized intrusions / trespasses of an aeronautical nature within the Kanienkahagen (Mohawk) Ouse / Grand River territorial airspace, and our request for assistance with respect enforcement of same, I write to you on behalf of Bill Squire, (who is the spokesman for the Kanienhagen Mohawks of the Grand River Territory), as his special assistant. I wish to first express my thanks to you for taking time to learn about our situation and for allowing me the opportunity to express our concerns as they pertain to these issues. As we discussed, the following summary will provide Transport Canada with an overview of who we are, and the challenges we face in respect of enforcing our no-fly zone within our territorial airspace. We hope to work with relevant regulatory and enforcement authorities in order to resolve this situation in a timely and effective manner.

History and Background
T
he ka-nyen-geh-ha-kah (Kanienkahagen) people of the Mohawk Nation of the Ouse / Grand River territory represent the ‘head’ and leaders of the Iroquoian League of Five Nations Confederacy, and are trustees and protectors of the Haldimand Proclamation of 1784 which states the outright ownership to these Mohawks (and such others that wish to follow) of the lands “six miles deep from the mouth to the source of the Grand (Ouse) River”, or the Haldimand Tract. The Kanienkahagen people of the Mohawk Nation of the Ouse / Grand River territory are Onkwehonweh (sovereign / real people) living within the Grand River territory under what some call ‘The Great Law of Peace’. Our land base of nearly 1 million acres (the Haldimand Tract) was given to us by the British Crown as a war reparation for our military service and loss of our homeland in New York State, as we fought for the British in the American Revolutionary War (this reparation is called the Haldimand Proclamation – See: https://rotinonshonnionhwetkanatahere.wordpress.com). We also fought as allies for England during the war of 1812 against the Americans including the “Six Nations Indians”.

The Kanyen’kehake (Mohawks) of the Ouse / Grand River Territory are not now, never have been, nor ever will be subject to the influence / manipulation of outside government(s) including evolved arms of such. However, our territorial homeland remains subjected to title frauds, encroachments, intrusions, trespasses, corruption and pollution at the unclean hands of belligerent occupants and entities. Imposters and other unauthorized parties have persisted in engaging in unauthorized dealings pertaining to our people and our territorial homeland for many years; indeed these belligerent acts continue to plague our people to this day, notwithstanding the continued best efforts on our part to hold such parties to account and to enjoy life within our territorial homeland unmolested and free from outside intrusions. As allies of the British Crown, The Kanyen’kehake (Mohawks) of the Ouse / Grand River Territory are to enjoy supreme, independent authority over and within our territory. We have retained power to rule and make law which rests on our “Great Binding Law” or “Great Peace”, and which is proclaimed clearly within the Sir Frederick Haldimand’s 1784 proclamation. Indeed, our “sovereignty” has always necessitated a moral imperative on the Mohawk statesmen to exercise it; as such, we are obliged to assert and maintin our territorial integrity. 

Grand / Ouse River Territory No-fly Zone
The Kanyen’kehake (Mohawks) of the Ouse / Grand River Territory have always designated their entire territorial airspace as a “no-fly zone”. Air and noise pollution, interference with migratory birds and other wildlife, and perilous hazards to our people including crashes and the continued authorized practices of “fuel dumping” and aerosol toxic chemical disbursements all constitute reasons, as well as form the basis, for our rationale for ensuring that our territorial airspace remains free from all unauthorized aeronautical activity. We have identified twenty-six (26) sites within our territorial jurisdiction where unauthorized activities of an aeronautical nature currently take place. See attached list entitled “Haldimand Grand / Ouse River Territory Airports, Heliports, Aerodromes & Airstrips”. We contend that each of these sites currently operates illegally and lieu of authorization from our people.

Commencing at 12:01 A.M. on November 1st, 2012, the The Kanyen’kehake (Mohawks) of the Ouse / Grand River Territory shall commence enforcement of our territorial no-fly zone by the issuance of fines to parties and entities who are found to have violated terms of same pursuant to the attached “Enforcement Fine / Fee Schedule”.

Waivers of Authorization to Enter Kanyenkehagen Ouse / Grand River Territorial Airspace
The Kanyen’kehake (Mohawks) of the Ouse / Grand River Territory are prepared to issue waivers to individual parties and entities who apply and qualify for authorization to enter our airspace. For example, we plan to issue waivers of authorization to parties and entities engaged in medical air transport including the Dunnville (Haldimand War Memorial Hospital) Heliport, Kitchener-Waterloo (Grand River Hospital) Heliport and Fergus (Groves Memorial Hospital) Heliport.

Enforcement and Regulation
The exclusive jurisdiction of the Canadian Parliament over aeronautics in Canada was settled in 1951. Since then provincial legislation of various sorts has been enacted which, if allowed to stand, would have circumscribed that jurisdiction significantly. Regulatory Affairs is responsible for the Canadian Aviation Regulation Advisory Council (CARAC), by assessing and recommending potential changes to the Canadian Aviation Regulations (CARs) and their associated standards, through cooperative rule-making activities. It provides functional advice to the regional and headquarters personnel and advises stakeholders on the consultation process. The approved changes are then published in the CARs. As well, Regulatory Affairs manages and publishes the Transport Canada Aeronautical Information Manual (TC AIM). The Kanyen’kehake (Mohawks) of the Ouse / Grand River Territory expect that relevant authorities and regulators will assist in the timely dissemination of accurate information to relevant parties and entities including relevant stakeholders in order to facilitate the enforcement of the territorial no-fly zone. We commit to making our regulators available for consultation and negotiations.

Consultation
Kanyen’kehake (Mohawks) of the Ouse / Grand River Territory invite all relevant regulators to consult with us in respect of these matters prior to October 25th, 2012 in order to provide input and feedback prior to the commencement of enforcement on November 1. Contact the Mohawk Aviation Bureau at 1-888-278-4188 ext. 7 in order to obtain more information and to provide feedback pertaining to these matters.

I trust that this has served to help you to understand our situation. Please contact me at extension 103 to discuss.

Thanking you in advance for your assistance and understanding,

Jason Bowman Special Assistant to Bill Squire

_____________________________________________________________

D R A F T

Enforcement Fine / Fee Schedule

Grand / Ouse River Territory No-fly Zone

Kanyen’kehaken Ouse / Grand River Territorial airspace consists of a corridor extending from 6 miles from each side of the Ouse / Grand River from the shores of Lake Erie to its source at / or about Dundalk.

$1,000.00 Pilot of Aircraft – Unauthorized Take Off, Landing or other entry.
Each person who pilots and takes off or lands any aircraft from within the Kanyen’kehaken Ouse / Grand River Territory, or otherwise enters territorial airspace in lieu of issuance of a waiver of authorization shall be liable to a fine in the amount of CAD 1,000.00 per incident.

$2,000.00 Owner of Aircraft – Unauthorized Take Off / Landing
Each person or entity who owns any aircraft found to take off, land or otherwise enter territorial airspace in lieu of issuance of a waiver of authorization shall be liable to a fine in the amount of CAD 2,000.00 per incident.

Owner of Airports, Heliports, Aerodromes & Airstrips – Unauthorized Activities
Each person or entity who owns an airport, heliport, aerodrome or airstrip from which aircraft found to violate the territorial no-fly zone originates or terminates its flight shall be liable to a fine in the amount of CAD 5,000.00 per incident, or CAD 50,000.00 per 24 hour period, which ever is less.

Application for Waiver of Authorization
Parties and entities who wish to enter territorial airspace must be issued a waiver of authorization by the Mohawk Aviation Bureau prior to entry. Waivers issued may be valid for up to 1 year and remain subject to revocation by the Mohawk Aviation Bureau. Interested applicants can make inquiries and obtain more information by contacting the bureau at 1-888-278-4188 ext. 7.

_____________________________________________________________

Haldimand Grand / Ouse River Territory Airports, Heliports, Aerodromes & Airstrips

Municipality                  Name                          ICAO TCLID IATA              Coordinates

Dunnville Dunnville (Haldimand War Memorial Hospital) Heliport CPA9 42°54′50″N079°37′41″W
Dunnville Dunnville Airport CDU9 42°52′20″N079°35′45″W
Selkirk Selkirk/Kindy Airstrip CTK7 42°51′04″N079°52′45″W
York York Aerodrome CPP6 43°02′15″N079°51′09″W
Caledonia Caledonia/Grand River Water Aerodrome CNC6 43°05′10″N080°03′06″W
Brantford Brantford Airport CYFD YFD 43°07′53″N080°20′33″W
Regional Municipality of Waterloo Kitchener-Waterloo (Grand River Hospital) Heliport CNK9 43°27′10″N080°30′13″W
Regional Municipality of Waterloo Region of Waterloo International Airport
(Kitchener/Waterloo Regional Airport)
CYKF YKF 43°27′32″N080°22′39″W
Elmira Elmira (East) Airport CPG4 43°35′31″N080°30′44″W
Elmira Elmira Airport CNT6 43°35′05″N080°36′11″W
Fergus Fergus (Groves Memorial Community Hospital) Heliport CPB2 43°43′18″N080°22′32″W
Fergus Fergus (Holyoake Airfield) Aerodrome CPY9 43°43′43″N080°16′59″W
Fergus Fergus (Juergensen Field) Airport CPG7 43°44′06″N080°26′50″W
Fergus Fergus (Royland Field) Aerodrome CPR9 43°44′31″N080°23′07″W
Fergus Fergus (Vodarek Field) Aerodrome CVF2 43°43′23″N080°17′21″W
Arthur Arthur (Arthur South) Aerodrome CAR5 43°46′59″N080°26′01″W
Arthur Arthur (Metz Field) Aerodrome CMZ2 43°48′38″N080°26′09″W
Arthur Arthur (Walter’s Field) Aerodrome CPC3 43°51′00″N080°27′00″W
Belwood Belwood (Baird Field) Aerodrome CBF2 43°48′30″N080°18′43″W
Belwood Belwood (Ellen Field) Aerodrome CEF2 43°50′15″N080°22′09″W
Belwood Belwood (Wright Field) Aerodrome CBW6 43°47′38″N080°24′09″W
Orton Orton/Smith Field Airport CPS7 43°46′30″N080°13′41″W
Grand Valley Grand Valley (Black Field) Aerodrome CGV5 43°51′36″N080°17′19″W
Grand Valley Grand Valley/Luther Field Aerodrome CGV2 43°58′35″N080°23′07″W
Grand Valley Grand Valley North Aerodrome CGV3 43°57′45″N080°21′15″W
Grand Valley Grand Valley (Martin Field) Aerodrome CGV6 43°52′29″N080°17′12″W
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