FATALLY FLAWED DECISION
In Thahoketoteh of Kanekota and the Queen, T2007-12, the decision went against the constitution and “the rule of law”. Federal and provincial laws are applied to Six Nations by violating constitutional law, such as the Royal Proclamation being superseded by Corporation of Canada statutes. Canada is not a constitutional democracy as s. 109 of the British North America Act 1867 is being deliberately ignored. No legal reasons were given other than that Thahoketoteh did not state strong enough facts, for them to hear the issue.
In 2004 Thahoketoteh carefully chose an empty property in Kanekota, Lot 1 Concession 11, Clearview Township. Jim Flaherty, Minister of Finance, illegally claimed it, through a numbered company, probably with off-shore ties. He built a sprawling estate on it. Thahoketoteh pleaded constitutional injury headed by a minister of the government? What could be stronger than that?
Judge Snider ignored Thahoketoteh’s sufficient evidence of residency and Mohawk-ness. She accused him several times of being “fatally flawed”!
The court ruled the existence of a trust relationship between Kanionkehaka/Mohawk Nation and the crown, which has been breached.
The Royal Proclamation is merely a royal prerogative that may be illegally displaced by a subordinate admiralty statute, violating their constitution. The proclamation was revoked by the subordinate Quebec Act 1774 UK, as it relates to the government and administration of justice in Quebec and Southern Ontario. Their written and oral arguments did not prove this. Our land remains unsurrendered and cannot be taken without our knowledge or consent.
The court ruled that, “The Royal Proclamation cannot preclude the application of federal and provincial law”. Constitutional law does not have to be followed, if it doesn’t suit the corporation’s interest. Canada is a pretend democracy with no real constitution.
“The Royal Proclamation was revoked and cannot override federal and provincial law” at Kanekota, that Thahoketoteh’s interest made “the proclamation irrelevant”. The 1784 Royal Proclamation protects the Mohawk from encroachment forever.
In principle Canada must provide peace and protection to the Mohawk of Kanekota. The court said that this dispute resolution mechanism crafted over three hundred years ago [Mohegan 1704] does not apply to disputes between First Nations and the Crown. According to the 1932 Westminster Act Canada was supposed to create a constitution ratified by the people. This never happened. Canada remains a colonial corporation, without a constitution or Bill of Rights.
The court respects our arguments, then says, “Even if it did, s. 109 and s. 129 of the Constitution Act 1867 would not preserve this right of protection. Any appeal to the British Privy Council created by the 1704 Order in Council was abolished in 1949 by the Supreme Court Act. The Supreme Court has given itself exclusive ultimate appellate civil and criminal jurisdiction within and for Canada”, in their Admiralty court system.
As Thahoketoteh explained to Captain Brown of the British Military, all courts in Canada are Admiralty ”law of the seas” courts. They claim jurisdiction of 250 miles from the coast and all inland waterways, except the water under the Grand River. The British military will protect this water for “us and our posterity forever”, as they are under military order to do so. Indigenous law has been violated since the fake war of 1776 and 1812. Military rule remains in place. General Sir Peter Wall, Chief of General Staff of the British Army is put on notice to enforce a standing Order left by the highest ranking general in the history of the British military. He must come and physically retake Kanekota.
The court struck down Thahoketoteh’s action and he was ordered to pay $500 court costs. He will appeal. This carefully crafted decision to evade the rule of law means we are right. The court is following along the same old path and and avoiding the elephant in the living room, breaking the rule of law.
ROYAL PROCLAMATION 1763
Royal Proclamation of 1763 is a guideline for European settlement on Great Turtle Island. It guarantees Indigenous independent nationhood, sovereignty and ownership of Onowaregeh. We are not part of the settler colony. All lands must be ceded by treaty. So far none has been. No law of the settlers overrules it. Our rights can never be terminated. We never consented to the Indian Act and other Admiralty “law of the seas” statutes that violate our sovereignty. The British North America Act 1867 put “Indians and lands reserved for the Indians” in a subservient relationship with Britain and its colony.
A fiduciary responsibility and international trust were set up. Settlers could live on our land and never own it. It was rental payment. The fiduciary obligation does not conflict with Indigenous title. They co-exist together and cannot be repealed. There is no mechanism to give up our inherent rights. Only murder or assimilation of every Indigenous person would jeopardize our tie to Onowaregeh. As long as one walks across the territory, it is Indigenous land.
An independent neutral third party is required to fairly settle issues between us and Canada concerning our land, resources and ever-growing $60 trillion Indian Trust Fund.
This third party adjudication procedure was established by the Mohegan in 1704 concerning a land dispute between them and the settlers in Connecticut. The Mohegan applied to the Court of Queen Anne and were granted an impartial third party adjudication. Colonial governments of British North America could not legally adjudicate this or any dispute as they are one of the parties. This follows the two row of honor, respect and non-interference.
Canada deals only with their corporate Indian band and tribal councils, not with our true sovereign governments. Indigenous people should ask about the deals being made on our behalf by these corporate Indians. They and the Assembly of First Nations AFN represent only their followers. The traditional people are independent, have our own laws and chose our own representatives.
The International Covenant on Civil and Political Rights provides that Canada has no say on how we govern ourselves: “All people 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”. Canada undermines our governments. We are held hostage. Canada owes us and wants to deal only with their band council nominees.
AFN pretends that we are part of the corporation of Canada. They have no jurisdiction over us and our land. AFN betrays us every day and sells out our inherent right to self-government for because they are in an advanced stage of the “owistah” disease. We Indigenous nations have a right to deal with all issues of common concern. The settlers have violated the Royal Proclamation of 1763. We are thus illegally occupied. If they allow this theft to continue, they are complicit in the genocide.
The settlers cannot prove their right to live here as they have usurped our land and resources which we never ceded to anyone. A violation of a royal proclamation is high treason and the penalty is death by execution. The military have the responsibility of maintaining this proclamation. The settlers have a choice. They can become of one mind with us and together we can bring peace to the world.
MNN Mohawk Nation News firstname.lastname@example.org For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com More stories at MNN Archives. Address: Box 991, Kahnawake [Quebec, Canada] J0L 1B0