Draft Notice to Judge Marshall (any Suggestions?)

Mohawk News - Aug 5, 2006

ORDER DEMANDING THAT JUDGE MARSHALL OF THE ONTARIO SUPERIOR COURT OF JUSTICE, 55 MUNSEE STREET NORTH, CAYUGA CEASE AND DESIST ISSUING ULTRA VIRES ORDERS, INVADING ROTINO’SHON:NI JURISDICTION, TRESPASSING ON HALDIMAND TRACT LAND AND REFUSING TO RECOGNIZE THAT BOTH CANADA AND ONTARIO HAVE BEEN GIVEN NOTICE OF THEIR VIOLATIONS ON NUMEROUS OCCASIONS IN THE PAST.

DATE: AUG 6, 2006

FROM: WOMEN TITLE HOLDERS OF THE ROTINO’SHON:NI

According to Wampum 44 of the Kaianereh’ko:wa, the Women Title Holders are the
“progenitors of the soil” of the Rotino’shon:ni/Iroquois. We are the Caretakers
of the land, water and air of Turtle Island. We are trustees of the land under an obligation to preserve and protect its integrity for the future generations.

RE: Court’s violation of Rotino’shon:ni jurisdiction, the Two Row Wampum and Haldimand Proclamation.

TO:

Judge David Marshall, Ontario Superior Court of Justice, 55 Munsee Street North, Cayuga, Ontario;
Ontario Premier;
Queen Elizabeth II;
Governor General of Canada;
President of the United States;
Council of the European Union;
Attorney General of Ontario;
Attorney General of Canada;
Supreme Court of Canada;
Supreme Court of the United States;
nited Nations;
Department of Justice Canada;
Department of Indian Affairs;
Stock Exchanges of Toronto, Montreal, New York, Tokyo, London, Hong Kong, Zurich, Australia.

WHEREAS the Charter of the United Nations requires respect for the principles of equal rights and self-determination of peoples. Its members have committed themselves to abide by its terms. They have agreed to not use force and to use peaceful and legal means to settle differences;

WHEREAS Canada has ascribed to the internationally recognized standards for respecting political rights of the People as set out in the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, The Convention on the Prevention of Genocide, United Nations Convention on Economic, Social and Cultural Rights, and other international legal instruments;

WHEREAS according to the Supreme Court of Canada the Crown must always act in good faith;

WHEREAS General Assembly Resolution 1541 (XV) requires the informed consent of a people before they are included in another state; the International Court of Justice affirmed Resolution 1541 in the Western Sahara case;

WHEREAS the courts of other colonial states like the Supreme Court of Australia in Mabo have formally repudiated past colonial reasoning and practices;

WHEREAS the United Nations Committee for the Elimination of Racial Discrimination found on March 6, 2006 that the United States was denying the Western Shoshone people “their rights to own, develop, control and use their land and resources”; warning the U.S. to respect the Convention; and to “freeze”, “desist” and “stop” their actions immediately and to abide by the committee’s “Early Warning and Urgent Action Procedure”;

WHEREAS international law is firmly committed to affirming the equal and inalienable rights of all peoples and rejecting colonial encroachment on other peoples, including Indigenous nations;

WHEREAS both the U.S. and Canada must abide by the international law principles that there can be no development on Indigenous land without consulting the Title Holders; ignoring the true Indigenous people is now universally recognized as being Illegal; Indigenous people must be consulted; and our perspectives on the issues can no longer be ignored;

WE SEEK TO INFORM YOU THAT: This is full and fair notice despite any misinformation or miseducation that may have mislead you in the past.

1) There is no evidence to support your claim to jurisdiction on the Six Nations land. The Six Nations were allies of Britain and never subjects of Britain and never agreed to be absorbed into the Canadian polity.

2) In the 1920’s Ontario officials recognized that orders could not be served on our Grand River territory. If our jurisdiction is no longer being respected, it is due to the systematic policy of genocide and assimilation that governed Canadian policy in the 20th century. According to the Royal Commission on Aboriginal People Canada has put aside these abusive policies in an attempt to negotiate a fair reconciliation. It is no longer acceptable for Canada to violate international law as it did in the past when it deposed our government in 1924. (see Lixiu Woo (Grace Emma Slykhuis) “Canada v. the Haudenosaunee (Iroquois) Confederacy at the League of Nations: Two Quests for Independence (LLM).

University of Quebec at Montreal, 1999). Our government was deposed using procedures that were illegal in 1920 and illegal today. Judge Marshall is misinformed if he thinks he has jurisdiction now.

3)Violating terms of the Haldimand Proclamation of 1784 in which there is to be no encroachment whatsoever;

4)Violating Indigenous jurisdiction as respected by the conjunction of our constitution, Kaianereh’ko:wa, the Canadian Constitution and the U.S. Constitution. According to Section 109 of the British North America Act 1867, Indigenous people’s “prior interests” supersede that of Canada and its provinces. According to Section 132 the only way to surrender Indian title is through a treaty made with the sovereign constitutional people of the nation with a clear question and a clear majority. The Canadian constitution does not allow foreign federal, provincial and local laws on unsurrendered Indigenous land. The land on which this court is situated was never ceded by our people. The court building violates our jurisdiction. Strictly speaking, according to the principles of your law, you are trespassing.

5)Violating our relationship according to the Guswentha/Two Row Wampum Agreement, which is an alternative to war. The Kaianereh’ko:wa and the Constitution of Canada must respect nation-to-nation protocol in any dealings with us. Judge Marshall, your court and agents are breaking both by attempting to force our people onto your ship and trying to steer ours. Use of armed agents to enforce the colonial will on our people is an act of war.

6)Violating international law. The colonial Canadian court and its agencies are attempting to override the rights of the Rotin’shon:ni by trying to use our land for your interests without our consent.

7)Misuse of our sovereignty. The court has valid jurisdiction over the settler population. To us it is an outside entity that is squatting on our land and oppresses our people. Any individual or foreign entity wishing to enter our territory must get permission from the Governor General of Canada, as the representative of the Queen, whose duty is then to inform us.

Illegal assumption of jurisdiction by Canada and its agents. We took an action in the Supreme Court of Canada – Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh v. Attorney General of Canada and Her Majesty the Queen in Right of Ontario, Court File: 05-CV-030785. We also brought this constitutional jurisdiction issue before the U.S. Supreme Court. See No. 05-165: 2005. In the Supreme Court of the United States in re Kanion’ko:haka Kaianereh’ko:wa Kanon’ses:neh, Non-party, Petitioner/Movant/Appelant, The Canadian St. Regis Bank of moahwk Indians, Plaintiffs, Respondenhts v. The State of New York, defendants, Respondents.


We the WOMEN TITLE HOLDERS and the PEOPLE of the Rotino’shon:ni also known as the SIX NATIONS IROQUOIS CONFEDRACY accordingly respectfully demand that:

a)You immediately cease and desist your practice of issuing orders to be effected on our people and on our territory. Such orders inflict a serious breach of the peace. We urge you to live up to your own laws and the solemn commitments that have been made by your country.

b)Valid relations between us and the colonial state were founded on the Two Row Wampum and the Covenant Chain which require mutual respect and cooperation in accord with both ancient and modern principles of international law.

c)On October 25, 1784 General Frederick Haldimand pledged on behalf of Britain protection for the Rotino’shon:ni people on a tract of land within our traditional domain extending six miles deep on either side of the Grand River running from its mouth in Lake Erie to its source, “to them and their posterity forever”.

d)Britain and its colonial agents failed to respect and protect the agreements that have been made between the Rotino’shon:ni Six Nations and the British Crown. Today we have possession of only 5% of our original tract. The rest is illegally occupied. Canada allowed most of our land and resources to be occupied and taken by squatters, illegal land transfers and fraud. When we tried to defend our rights in the courts of Upper Canada and later in the courts of Canada, we were persistently abused and subjected to diversionary tactics to avoid recognition of our legal rights and the full restitution to which we are entitled according to law.

e)Scores of cities and towns were established on our land without our consent. Indian Affairs dissipated our trust funds to speculative investments over our objections or through gifts to outside institutions, including the Law Society of Upper Canada (the bar association of Ontario) and several universities. Judge Marshall, you too happen to be squatting on our land. If you do not believe it, we challenge you to do your legal homework and find the documents showing that we turned this land over to you. If the documents existed they would have been produced long ago. We know they do not. It is known that it is illegal for us as the trustees to give away the inheritance of our future generations.


f)We have been allies of Great Britain. Should both parties wish to maintain this alliance, we strongly recommend that the Crown honor its side of the agreement. Should you disregard this recommendation and continue to deliberately breach this agreement, then you will force us to take the necessary measures to correct the injustices that have been committed against us.

g)In 1982 Britain enacted Canada’s Constitution Act which includes formal recognition and affirmation of “Existing Aboriginal and treaty rights” in Section 35. However, Canada continues to violate our sovereignty and our right to self-determination, insisting on dealing with us only through its puppet Indian Act government. Canada continues to block all our attempts to rectify these injustices, to obtain the return of all our lands and compensation for the assets that were taken fraudulently.

h)Canada and the province of Ontario have continued to issue permits for the use of our land even though they know they do not have legal title. As a result, a private company called Henco Industries began building a subdivision on the Haldimand Tract for sale to non-Indigenous people.

i)On February 28th, 2006, the Rotino’shon:ni decided to stop this new encroachment on our land by blocking the entrance to the housing project known as the “Douglas Creek Estates”. We have never surrendered our sovereignty or given Canada jurisdiction over us or our land. Haldimand Tract

j)On April 20th 2006, the people protecting our land, including grandmothers and small children, were attacked by a heavily armed force of the Ontario Provincial Police. None of our people were armed. Many were severely beaten up and assaulted with batons, pepper spray and taser guns. 16 were arrested. However, many reinforcements arrived and the police retreated. We are still occupying our land. These and all court orders are illegal.

k)Canada had planned a serious assault against us. Neighboring jails and hospital wards were cleared before the attack. A convoy of ambulances and paddy wagons appeared. An unknown number of police and military forces were marshaled in support. The procedures being used were a blatant violation of the international covenants and agreements that Canada has signed and are contrary to the principles and purposes of the United Nations.

l)After the attack the Indian Act band council voted to turn land issues over to the people and the Confederacy chiefs of our traditional government.

m)Canada has appointed “negotiators”, but our land is not negotiable. At least one of the appointees, Jane Stewart, is in a conflict of interest because she and her husband are involved in another mega housing project on our land.

n)At the current talks we’ve been told point blank by a “negotiator” from Ontario that we must leave our land and take down our barricades. The barricades are all down. Meanwhile a build-up of armed forces around us continues. Our delegates carry our voice to the table following the protocol set out in the Two Row Wampum Agreement/Covenant Chain to which we are both bound. Canada’s representatives have met our delegates with ultimatums and threats of war while we send them in peace.

FOR THE ABOVE REASONS, WE, THE WOMEN TITLE HOLDERS AND THE PEOPLE OF THE ROTINO’SHON:NI - IN ORDER TO PROTECT OUR PHYSICAL INTEGRITY AND OUR LEGAL RIGHTS -ORDER THE FOLLOWING:

i)that Canada withdraw its police and military forces and stop its armed siege at the Six Nations Grand River territory;

ii)that Canada and Ontario carry out their pledge to uphold freedom, justice and peace in the world, including the inherent right of all people to self-determination;

iii)that Canada deal with us on a nation-to-nation basis and uphold its commitment to ensure that all unresolved issues are determined in conjunction with a mutually agreed third party;

iv)that the Rotino’shon:ni Six Nations people have never surrendered our sovereignty and our land is inalienable;

v)that Judge Marshall and the Ontario Superior Court of Justice has no jurisdiction over us or our land as we never consented to give up our land or sovereignty as required under both our law and international law;

vii)that Canada stop breaking their law and international law and our agreements with the Crown. Canada unlawfully forced their laws on us without the fully informed consent or consensus of our people;

viii)that Canada has no right whatsoever to charge or criminalize any of our people under Canadian laws because we are not Canadian. Our people are upholding our obligations according to our constitution to preserve our land for our coming generations. Our acts have been totally defensive. The aggression has always been against us by agents of the state and people who have been incited to act against us through state funds.

ix)Your aggression must cease immediately. An open and public process of dialogue between our nations must be commenced so that we can reach solutions by consensus. The Rotino’shon:ni will no longer tolerate the violations of our constitution, ancient customs, traditions and agreements. We will not tolerate Canada’s representatives threatening us with guns, violence and misrepresentations to squash our inherent rights and to steal our possessions. Your attempt to pacify us through time-wasting and meaningless “negotiations” is an insult to our historic relationships with Canada and Great Britain.

x)For over 200 years Canada has tried to impose its institutions on us. Canada, it is never too late to polish the Covenant Chain. We would like to invite Canada to take part in renewing the spirit of the Two Row Wampum, which has since been affirmed in international law. We would like the settler population to experience the power of our Great Law, the solemn relations that were established and to enter the kind of talks that will make consensus possible, the kind that were used in the beginning when the settlers first arrived and the kind the inspired modern democracy.

Rotino’shon:ni Women Title Holders

Kahentinetha /s/ __________________________

Katenies /s/ ______________________________

Ayantwahs /s/ ____________________________

Gaayetweh /s/ ____________________________

Lagotalona s/s _________________________