Crown Keeps Faltering on 6 Nations' Claims

Hazel Hill

MNN. Jan. 27, 2006. This is Hazel’s update on the goings on at Six Nations:

On Thursday we had the main table meeting as scheduled. If you watch CH TV 11, you'll see that the position of the Crown hasn't changed. They've once again utilized the media as a negotiating tool as if to proclaim something new or great. It's nothing great! It certainly doesn't offer any new evidence of any sale or lease. For that matter, it doesn't even refer to any factual cases of Canadian law. Their document is nothing more than an OPINION! It is not FACT, nor is it the LAW to which we have agreed to for the negotiation process. It is not surprising. It is exactly what we expected. Did anyone really think they were going to make some great announcement and admit that they had in fact stolen our lands, the lease monies, and made up deeds for all the fraudulent land sales and leases throughout the years for all those living within the tract. Not likely!

They will continue with their tactics of using the threat of courts to try and discourage us. What they failed to mention was that within that court system there are numerous cases in which the Department of Justice ('DOJ') has been found WRONG. This includes cases such as Guerin, Sparrow, Badger, and Dalgamuuk. All of these cases deal with indigenous rights.

In a press release earlier today, Chief Allen MacNaughton reminded the world that "Canada is trying to rely on a Department of Justice "legal" opinion, which in reality is a political position on Six Nations land rights." He further says, "The Department of Justice has taken the position, wherever possible, to limit the assertion of rights and claims by indigenous peoples to protect the Canadian public purse."

Well, we too have our own opinion on what the Crown has tabled. We have our own "legal experts" that have helped us to provide points that we tabled with the Crown on the same day. We’d like to share those points with you:

1. Relying upon the position of the Department of Justice is inconsistent with the spirit and intent of the Two Row. The Two Row sets out a Nation-to-Nation relationship. The DOJ is not a Nation.

2. Relying upon the DOJ position requires an assumption that the Canadian legal system is to apply to the resolution of disputes further to the Treaties and the relationship between the Haudenosaunee and the Crown. This is inconsistent and contrary to Two Row which does not allow one party to place itself in the others canoe nor to pull another into its ship.

3. Even IF the position of the DOJ was relevant, it would not be of assistance. DOJ takes the position that Haudenosaunee are 'Indians' or 'First Nations' which we are not.

4. DOJ takes “political” positions not “legal” positions. They have a political agenda to limit, wherever possible, the assertion of rights and claims by 'First Nations' in North America and to protect the public purse. In trying to push this political agenda through the courts, they have been consistently found wrong.

So the LAW which they are obligated to follow, according to our relationship and ancient covenants, IS the Two Row. They have just as much responsibility to it as we do. They have many generations of neglect, manipulation, corruption and genocide to answer to. There is nothing on that Two Row that leaves room for their DOJ opinion. There is nothing on the Two Row that allows them to defend their actions of the past. There is nothing that they can say to absolve themselves for violating the Laws of Creation. They can only begin to right the wrongs, IF they are serious, and continue with the process of re-polishing the covenant chain as we work our way through this peaceful negotiation process.

Does their position worry us? Not one bit. Does our position worry them? What do you think! Do you think the fact that we've had a complete oral history, backed up and supported by written documentation and historical evidence of facts presented to them; against their pathetic position of "we believe the courts would find in our favour", without an ounce of documentation to back it up - it certainly should worry them.

Their action and attitude of tabling this document is like being in a school yard fight when the bully gets busted for his actions. He desperately tries to deflect away from his own actions by pointing fingers at everyone else. He makes an issue of everything else but the issue at hand. They try to deter from the TRUTH. And that's all this is. Another smoke screen.

They need to get honest with their citizens. They know that they have frauded the Onkwehonweh, They know they have frauded the people of Caledonia, as well as the rest the people living in the municipalities, towns and townships along the Grand River. They know they can't continue to try and bully their way through this. This isn't the playground or school yard! They can no longer hide behind their unilateral acts and presumptuous law. If the Crown wants to continue to challenge the Creator by undermining the Law that we are standing in defense of, so be it. They better understand the consequences of such actions. As I've often said, The Eye of the Eagle is Upon You, Govern Yourself Accordingly!

This morning, the Confederacy Chiefs and the Elected Band Council had another meeting together. It was a good start at looking at the issue of governance in our community. By no means do they agree on all things. It was a good beginning. By sitting down and looking at things that they do agree on, brings them another step closer to the Unity that we envision for all the Onkwehonweh. It was like the first step in a process of healing. For generations we have internalized the oppression that has been created by the Crown through its genocidal practices (including the implementation of the Indian Act). We've allowed the divisions that were created as a result of that oppression to perpetuate into the weaknesses and divisions within our community. We've turned on each other and we've blamed each other for not being able to move forward. We should have been directing that energy and dealing with the originators of that oppression.

Today, we ARE dealing with our Oppressors. We are doing so in Unity & Peace. We are doing so in accordance with the Kaierenekowah, [our constitution]. Unlike them, we do so with respect and honour, even toward those who sit across the table from us at negotiations, who, all the while, continue to enforce genocide, through the Indian Act, forcing our people onto the deck of their "ship" in their court house, and by constant interference in our canoe.

If we truly believe in doing what is right, if our heart is sincere, our mind is clear and our intent is what it does for our children and our grandchildren and the generations to come, then we do have a commonality that can move forward. We can speak with one voice for the highest good of all concerned. And that really is all we can ask of each other. It’s that simple.

In Love, Light and Peace,

Hazel