Ontario Mohawks Facing Imminent Arrest

Urgent! Sudden temperature change at Six Nations - Canadian Court order defends corporate squatters – Ontario Provincial Police (OPP) to use guns to resolve constitutional jurisdiction issue

For background information, go to:

http://mostlywater.org/node/4393

http://mostlywater.org/node/4365

At noon, Wednesday, March 29th, four Ontario Provincial Police (OPP) cruisers were spotted at the nearby Unity Road School, three Jimmys, about 14 to 15 undercover cops, two cruisiers side by side above the site and on the other side at Canadian Tire; the cruisers face the site directly. A lot of media has suddenly converged. We are asking people to help by emailing the Attorney General of Canada and Ontario, the Prime Minister, the Governor General of Canada and worldwide. We welcome our brothers, sisters, friends and allies with open arms to stand in solidarity with us against this illegal invasion of Six Nations Land (Highway 6, Caledonia, Ontario).

Ontario Superior Court Judge David Marshall just changed his unilateral contempt order against Six Nations land owners. He took a second shot and missed the mark again. He didn’t correct the main defect in his order that it was made unilaterally at the request of one party in the dispute, Henco Industries. No notice was given to the true owners of the land, violating the principles of fundamental justice that are recognized in both Canadian and international law, such as the International Covenant on Civil and Political Rights. Canada has signed this covenant but...ignores it.
The Crown suggested Marshall’s first order was too vague for the OPP to enforce. We suggest it was totally illegal. The injunction should have been made against Henco Industries. Their right to change the character and use of the land is questionable, to say the least. A proper injunction would require Henco to immediately stop construction and alterations until the issue of who owns the land is resolved.

A Canadian person would not be required to respond if an American crossed their border, started building on their land and went to a U.S. court to defend this right.
Judge Marshall was irritated by the Crown’s complaint that his original order was “ambiguous” and needed “to be toughened up”. Isn’t the Crown supposed to represent both sides to a dispute? As Canada describes itself as a trustee of Indians, why is it taking the side of the other party?
The Attorney General of Ontario is not neutral. He has to side with the Province of Ontario which has been misleading Henco into believing it owns the land and can give out title. This violates the original Haldimand Declaration that the Crown would protect the Six Nations’ interests in the land 6 miles on both sides of the Grand River from its mouth to its source. In fact, one of the first surveys done in the area now called Ontario was done to mark out some of the boundaries of Six Nations Land.

Are these folks living in a fantasy world? They had only one thing in mind. They want the OPP to “Get over there and shoot the hell out of dem bad Injuns”. Hey! This ain’t no cowboys and Indian spaghetti western!

In the 1920’s Canada sent in the (Royal Canadian Mounted Police) to throw out the traditional Six Nations government and take all our funds. They had no authority to do this. The Six Nations government could never complete its negotiations with the OPP. The OPP does not have legitimate jurisdiction to conduct policing maneuvers on Six Nations land.

Marshall’s court order has no legal authority to make orders on what happens on Six Nations land. When the Six Nations people didn’t show up, he made them guilty of contempt of court. How can they be in contempt when they didn’t know about (it)? There’s a whole lot of crazy stuff going on here! Marshall, the court, Ontario, Canada and the OPP are showing a lot of contempt for the law. The Indians are right there for all the world to see. There would have been no problem finding someone to tell them about the court hearing.

This is “raw authoritarianism”, “We’re going to get you off your land even if we kill you doing it”.

This abuse of legal process is confusing the public. The Hamilton Spectator continually refers to the disputed site as a “construction site”. The ownership is in dispute. This misleading statement legitimizes squatting on Indian lands in the eyes of the public.

What are the options for the Six Nations People? Go to court and appeal this improper injunction, which may not be open to them as they may not have money for lawyers.

Another option would be for Six Nations to set up mediation with Canada, Ontario and Henco Industries under the Kaianereh’ko:wa, which is the law of the land that Henco is squatting on.

Squatter Henco Industries expects to see an immediate response by the cops. They’re going to arrest, fingerprint and shoot pictures of the Six Nations. Then they’re going to let them go with orders “to be good Indians” and stay off our land. “If we see you again, you criminals are getting free room and board (jail time) for 30 days”.

Native woman, Janie Jamieson, said the new order doesn’t change anything. It’s still illegal. Douglas Creek Estates is being built on Six Nations’ territory. "The whole issue is jurisdiction and title and we're allies, not subjects". Canada must stop using guns to resolve its legal disputes with the Indigenous People. They know they stole it, they have to give it back.

Ottawa sent an independent mediator, Michael Coyle of the University of Western Ontario, last week. The women sent him packing, “There’s the Eastern Door. Now get out!”

Kahentinetha Horn, MNN Mohawk Nation News, kahentinetha2@yahoo.com

Coming soon daily news at www.mnn.mohawknationnews.com

Six Nations contacts: jacqueline_house@hotmail.com ; Janie Jamieson: 905-517-7006; Dick Hill: 519-865-7722 thebasketcase@on.aibn.com ; Hazel Hill: 519-717-4292, 519-445-1351

Email the Ontario Attorney General: http://www.attorneygeneral.jus.gov.on.ca/eng lish/comments.asp

The rights of the Six Nations as an independent nation

Sago to all my brothers and sisters.Hello to any Canadian citizen who are educating your selfs on the rights of a free and independent Six Nations.I'll make this short.As a free and independent nation the Six Nations has shown a huge amount of patience over the constant tresspassing and invasions of OUR Six Nations country.Some people seem to think they have the right to just come and go as they please in and out of our country and when in a time of need and a call to attention a road gets blocked for awhile,oh how some Can. citizens scream about thier inconvenence.I say to them meybe the Six Nations should erect boarders as the same as any other INDEPENDENT NATION has the right to according to international law to protect against ANY enemy or security threat.You Canadian people must recognize that my nation has the same rights of independence as yours does.nawa thank you. p.s. im from the Mohawk nation could you imagine borders set up in Wata, Six Nations,Tyendanaga,Kanasatake,Kanewake,and Akwasane wow now that would be somthing.Nawa Brian the Bear

Caledonia Land Dispute

The following statements are my own views and do not necessarily represent the views of native or non native people.

There is a very simple solution to the crisis facing the people of Caledonia, Canada and ALL of North America. The solution lies in the phrase "Natives vs non natives". When a person or persons visit a foreign country, they are bound by the laws of the "natives" of the country which the "non natives" are visiting. Like it or not, "non natives" are visitors to North America, and thus are bound by the laws of the "natives" who are the sole, only and rightful owners and title holders of ALL of the lands, resources and commerce of North America. "Natives" have inhabited, legally owned and have an inherent right to govern what is now known as "Canada" and North America before, during and after "non natives" arrival. "Natives" were, are and always will be allies and not subjects of the crown and therefore are a sovereign nation and have every legal claim to ownership of all lands, resources of what is now known as North America and have every right to govern all commerce of what is now known as North America. Past, present and future "non native" municipal, provincial and federal governments are an illegal entity drafted, adopted, enacted and forced upon "native" people by "non native" people of North America! Municipal, provincial and federal "non native" governments of the past, present and future have been, presently are now and will be illegally collecting, administering and spending monies from all taxpayers. All levels of "non native" governments are guilty of, but not limited to the following offences: fraud, genocide, counterfeiting, money laundering, theft, false imprisonment, extortion, discrimination and in violation of international laws. This dispute can very easily be settled in a court of law, but unfortunately, the present Canadian (in)justice system is in itself an illegal entity drafted, created, enacted, administered and forced upon all peoples by "non natives". This is why Native self government is vital to the said sole, only and rightful owners of all lands, resources and commerce of what is now known as "Canada" and North America. The present Canadian government wants to lead the world in a crusade against human rights violations on a global scale. All I can say to the present Canadian governments is people who live in glass houses should not throw stones! The present Canadian government wants to lead the world in a crusade on a global scale against greenhouse gas emissions. A very noble idea. Just imagine what a significant reduction to green house gas emissions there would be if the laws pertaining to the earth, of the "natives" were implemented and adhered to! Now, the "non natives" of Caledonia are screaming and yelling "we want our town back, we want our roads back, we want our land back"! Sound familiar? The "non natives" of Caledonia are saying this has been going on for over 8 weeks now and enough is enough! WAKE UP! This has been going on for centuries. Henco Industries, the developers of the Douglas Creek Estates have made a bad business decision trying to develop "native" land and therefore are not entitled to compensation! After all, this is Canada, if you don't like it you can always go back where you come from. "Non natives" have this option. "Natives" do not! There is one thing we all must agree on and that is for a just, speedy and PEACEFUL resolution to this urgent matter! Now, put that in your peace pipe and smoke it.

Six Nations land Repatriation

The reclaiming of traditional and legally owned lands by the Six Nations should be a loud and clear message to the Crown in Right of Canada that enough is enough and that Canada must in true partnership with the First Nations of Canada agree on an expedient, meticulous fair and transparent process to settle all land issues with the First Nations of this land.

This Native expropriation of land started receiving media attention at the eleventh hour. Why is it that it is allowed to get to the point of physical confrontation before Canada will act on these land issues? The land in question was illegally taken by Canada and should be returned to the Six Nations and Canada should give financial compensation for loss of use retroactive to the land appropriation by Canada in 1835. This was allegedly a land lease with lease payments forthcoming and this is something that was not honored by Canada. Why did Canada wait until their unethical treatment of the Six Nations forced these sovereign people to act in their future generation’s interest and take matters into their own hands?

The Six Nations submitted a land claim in 1987 in which the Six Nations irrefutably proved that there was no surrender of the land, no fair and equitable compensation for the land and no trust for the alleged lease payments. Canada has steadfastly ignored this very valid land claim and to date have not responded to it.

The Six Nations are taking the land back so that their future generations can have a land base that they can call their own. Canada has always employed delay tactics with all First Nations in the land claims process. The First Nations have limited fiscal resources and any delay tactics utilized by Canada can force the First Nation to frustratingly put their land claim in an indefinite state of abeyance.

What is obviously needed here in an independent, neutral international body that would hear the case from both sides, decide the merits of the case and award any compensation that is owed to the First Nation by Canada. This body should also have the binding authority that must be recognized and followed by both parties in question.

I am a band member from the Sandy Bay First Nation in Manitoba Canada as it is presently known and in the past have worked on my First Nation’s land claim. The biggest problem I saw through being involved in the land claim process through the Indian Claims Commission is that the Department of Indian Affairs (INAC) is the defendant in all land claim cases. INAC is in a blatant conflict of interest as they allegedly have a fiduciary responsibility towards the First Nations. This means they must act in the best interests of the First Nations and yet are working against the First Nations in either stalling or attempting to refute minute details of every claim, incurring legal cost that the First Nations cannot afford.

The Crown in Right of Canada and the Governor-General of Canada must be the ones that actually sit down with the First Nations and negotiate the claim and work with the First Nation on a “Nation to Nation basis and settle the outstanding land issue.

The situation in Caledonia should be a waking call to Canada that First Nations want justice and need land for their growing memberships. Does Canada need another OKA? Ipperwash? Williams Lake? Sun Peaks in British Columbia will be ignored until something happens. But what needs to happen? Does there have to be bloodshed before Canada will start meeting legal domestic and international obligations regarding Treaty Rights?

Why do our First Nation people have to keep on suffering in substandard, third world conditions while mainstream Canada lives off the wealth created through the revenues generated from the sale of resources? The resources and land still legally belong to the First Nations of this land and this issue will be brought to light in the near future as First Nation frustrations are increasing, our populations are growing, the cost of living is growing and yet we as the true owners of this land do not get a fair and equitable share of the vast resources and revenues while mainstream Canada continues to rape and contaminate our lands.

I wholeheartedly support the Six Nations in their endeavor and I realize that this is only the beginning. Canada, take heed, the First Nations are waking up and you will be held accountable for all of your genocidal processes and policies that you have imposed on us. We are supposed to be in partnership with Canada and we ended up as subordinates. (Peasants in our own homeland). Go Six Hundred and thirty four First Nations Go!

Gerald McIvor
Indigenous Citizen of Turtle Island

Back To Square One

I truly believe that ALL the treaties, proclamations, land sales/leases are illegal and invalid, signed by the aboriginals under duress and fraudulent means. Do any of you fine people here honestly believe that the Indians who "allegedly" signed the papers actually understood and/or were honestly explained the meaning of all that legal mumbo-jumbo? NOOOOOOO!!! The white man took advantage of that fact for his own colonialist gain. The signatures of the Indians were obtained under fraudulent circumstances and therefore are invalid and illegal. All proclamations, treaties, land sales/leases have to be re-negotiated and fair restitution, with 500+ years of interest needs to be paid to the aboriginals on top of any newly negotiated settlements. Aboriginals need to be the governing party of all the lands, resources and commerce of North America. If it was possible to take this case to an independent third party court, North America would be a very different place. We ALL know the aboriginals are right in what they are fighting for but we are all scared of losing what is not really ours. Maybe it's time to walk a mile in their moccasins?

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