620 Awenda Park Rd
Amik Council Fire
705 529 5653
Beausoleil First Nation
Chief and Council
11 Ogema Miikaan
Christian Island, ON L9M 0A9
705 247 2120
Awenda Park Superintendent
620 Concession 18 East
Tiny On P.O Box 5004, L9M 2G2
705 549 2231
Monday July 8, 2019
Re: Amik Council Fire’s Intentions in Awenda Provincial Park
I am writing you today to formally make first contact and summarize the history and
intentions of the Anishinabek Sovereignty Encampments that have reoccupied
traditional territory of the Wendat and Chippewas of Lake Huron and Simcoe that
Ontario’s Awenda Provincial Park has been caring for and managing since 1975.
After the 1600 Beaver Wars between the Haudenosaunee, Wendat, Anishinabek
influenced by European colonists our Confederacy’s developed a series of peace and
alliance treaties through Wampum Belts. These Agreements known as the Dish with
One Spoon, Ojibway Friendship Belt, 1701 Great Peace of Montreal, Western Great
Lakes Confederacy Belt established an alliance and resolved territorial issues among
our Nations where 5 Anishinabek Council Fires were affirmed and acknowledged.
These Council Fires stretch from what is known today as the Credit River to Sault Ste
Marie where this area is one of those Council Fires known as the Amik Council Fire.
The 1795 Penetanguishene Purchase where the British Crown wanted access to
Georgian Bay petitioned 5 Clan Chiefs for use of Penetang Bay for military use. This
Agreement evident through oral history, historical documents and etchings on a large
granite rock located in the park inform that the lands in question including a plot of
land where the current CNCC and Waypoint were lands not to be ceded within Crown
Treaty Number 5.
Three members of Beausoleil First Nation who self identify and assert themselves by
their Clans have been occupying lands in the park have constructed a cabin and
hosted gatherings since 2012 and have not been removed by the Park. The current
encampment that has shut off access to the main entrance of the park is under the
same collective and is working with and taking direction from a Clan Mother, Elizabeth
Brass Elson who is working with 13 other Clan Mothers and a grassroots working
group of Beausoleil First Nation Members.
In Assertion of Anishinabek Title and Jurisdiction through our Clan System the One
Dish One Spoon Treaty, Ojibway Friendship Belt, 1701 Great Peace of Montreal, 1704
Queen Anne’s Constitutional Order regarding Mohegan Tribe vs Connecticut, 1763
Royal Proclamation, 1764 Niagara Covenant Chain Belt declare our intentions of
currently holding ground at our current encampment are to:
– Holding Ground and Creating a Respectable Presence in current Encampment
– Organize Family heads to reestablish Traditional Clan Governance System and Amik
– Provide Educational Workshops, Healing Circles, Gatherings and Ceremonies
– Establishing an immediate Working Relationship with the Park Authorities and
– Taking Steps to develop a Partnership Agreement between the Park, Province and
rightful Title Holders represented by the Amik Council Fire
– Construction of a Cultural Centre/Governance Lodge
– Transferring Title of Lands in question back to Amik Council Fire
– Organizing against Federal Policies and Land Claim Settlements that breach said
Fundamental Nation to Nation Agreements that are extinguishing our Inherit Rights
and Indigenous Title to our Traditional Territories.
We are asking that you respect our space of our current encampments and in the spirit
of such Nation to Nation agreements and reconciliation extend a hand out in peace to
work together to address such historic injustice and our intentions. We have
documentation and research of our position of the lands in question that has the
potential to open up an issue of a much larger scale regarding the validity of such
Pre Confederation Treaties.
Michael Swinwood a well established Lawyer devoted to Indigenous Sovereignty, Title
and Inherit Rights is now representing us and we have support from a growing number
of Indigenous and Settler Communities. We will contact Park Representatives when we
are ready to sit and discuss further steps.
In the Spirit of a Nation to Nation Relationship,
Kaikaikons, Amik Dodem
A reclamation of Traditional Anishinabe Territory of the Amik Council Fire last represented by Hereditary Clan Cheif’s Aisance, Chabondashea, Wabenenguan, Ningawson and Omassanahsqutawah that is currently occupied by Ontario’s Awenda Provincial Park.
Amik Council Fire is one of 5 Anishinabek Clan Council Fires that stretch from Bawating, Manitoulin Island, Penetanguishene, Lake Simcoe and Credit River acknowledged within the Ojibway and Haudenasaunee Alliance Wampum Belt.
The Penetanguishene Bay Purchase registered as Crown Treaty Number Five May 22, 1798 surrendered Anishinabek lands for military purposes around Penetang and Matchdash Bay but did not include Chief Aisance’s Clan’s Gardens and these Specific Lands explained by Elders of Beausoleil First Nation and demonstrated by Council Rock a marker on the lands in question.
This Reclamation is also a Statement to oppose the Williams Treaty Settlement Agreement where 7 Indian Act Band Councils surrendered Indigenous Title to 13 Million Acres of Traditional Clan Territories which they have no authority to do as title to territory belongs to the future generations. This action also serves as a space for a Grassroots Reemergence of Traditional Community Clan Governance to hold Indian Act Councils accountable and to organize and oppose Federal Policies and Self Government Agreements that are extinguishing our Inherit Rights.
All other Indigenous Land Defenders, Water Protectors and Allies Welcome. Need Support especially at night. Lets Organize our Resistance and Remergence
670 Awenda Park Rd, Tiny, ON L9M 2J2
Look for Signs and Flags
MORE INFO CONTACT
Johnny Hawke 705 529 5653
A Road Block into Ontario’s Awenda Provincial Park is in its 5th Day set up by lone Anishinabek Land Defender Johnny Hawke in opposition to surrender of Indignous Title to 13 Million Acres of Traditional Anishinabek Territory. Here is a Press Release issued on Fri, June 21, 2019. This is also a Callout for allies and other land defender to help johnny on the ground. Contact Johnny Hawke 705 529 5653.
FOR IMMEDIATE RELEASE Friday June 21, 2019
INDIGENOUS ACTIVIST BLOCKS ROAD INTO AN ONTARIO PROVINCIAL PARK
TINY TOWNSHIP- An Indigenous Rights Activist blocked a road leading into Ontario’s Awenda Provincial Park this morning as an act to educate and organize opposition against Federal Policies extinguishing Indigenous Title to Indigenous Nations Traditional Territories.
Anishinabek Nation Activist John Hawke a member of the Beausoleil First Nation located on Christian Island says he is using today’s National Indigenous Peoples Day and the Park as a platform to address grassroots concerns.
“This day is used to celebrate token aspects of culture like song and dance where Canada continues to terminate our Title and Rights and exploit the Land” says Hawke
Hawke was part of a group who set up a Cultural Camp and built a cabin in 2012 in Awenda Park to oppose Canada’s Specific Land Claim’s Policy and says his community has strong ties to the specific land in the park.
“The 1798 Penetanguishene Purchase involving the Crown and Hereditary Chiefs of the Chippewas of Lake Huron and Simcoe ceded lands around Penetang Bay for British Military use but the Treaty did not include lands the current park is situated on. Elders along with a large granite rock bolder at the park known as Council Rock has Hereditary Chiefs Clan and Crown Representatives etched markings that speak of this” says Hawke.
Beausoleil First Nation recently was part of seven other First Nations that received $1.1 billion
in the Williams Treaty Settlement Agreement regarding 100 year old grievances regarding hunting and fishing rights and 12 million acres of traditional Anishinabek territory in which Hawke feels the settlement breaches a fundamental Nation to Nation Relationship.
“ The 1764 Niagara Covenant Chain Belt a Crown to Indigenous Nations Treaty laid the foundation that any lands we share our Nations are to be compensated as long as the sun shines. The Williams Treaty Settlement Agreement is only a one time payment where Elected Leaders governed by the Indian Act surrendered Indigenous Title to 12 million acres which they have no authority to do. We also shouldn’t have to purchase back our lands where so much Crown lands needs to be handed back over to our Nation.” Explains Hawk
Hawke also states issue with Self Government Agreements First Nations are ratifying under Federal Policies.
“There are major issues regarding the fraudulent Canadian Constitution that needs to be addressed. The BNA Act and its 1982 Amendment is not a Constitution where all laws and agreements imposed on our Nations are invalid where both our Nations and Canadian citizens need to examine what this alleged constitution really is.” Says Hawke
Hawke hasn’t planned how long he intends to be blocking entry into the park but encourages allies and other First Nations community members to stop by and support and organize.
705 529 5653
Awenda Provincial Park, 670 Awenda Park Rd, Tiny, ON L9M 2J2
This is Kaikaikons aka Johnny Hawk. I stepped away from my Vision for this past few years which was pretty hard and was tested lots. I been asleep. I lost a good friend who helped me with camp, was in a rough relationship, my parents got sick and helped care for them and recently my Father passed away and lost another good friend due to my toxicity struggling with alcohol.
With the passing of my father and being with him in the hospital day after day for two months I’ve had lots to think about and carrying on his legacy of being a strong Anishinabek Nini. I am only strong when I am following my vision. I want to share the workshops I’ve developed in getting back to me and concentrating on ACTION and getting back to Camp and resparking that a Warrior Spirit. This Responsibility I have or we have to our clan and my vision I had a few years ago which is this vision of ACTION and asserting our Clan System, Title/Jurisdiction will help me get back to me. I apologize to those I may have hurt in my struggles.
Here are the Workshops I intend on delivering in our communities as a way to strong back up and build up the spirit and intent of ACTION. I fyou would like to help in any way feel free to contact me. Let’s help empower each other up and Wake the Sleeping Giant
As Canadians celebrate another anniversary of Confederation the Federal and Ontario Government along with seven First Nations in central Ontario are finalizing an agreement to settle outstanding injustices within the 1923 Williams Treaty where grassroots voices feel integral issues are still not addressed in the offer.
The proposed agreement will end decades of court litigation over the 1923 Williams Treaty which covers 13 million acres of the Traditional Territory of the Anishinabek Nation. The seven reserves have long argued the government unjustly crafted and implemented the treaty where there was unjust compensation for their land and that they never surrendered hunting and fishing rights.
All parties are under a confidentiality agreement until the process is finalized where members including a Chief leaked info to the media. This “gag order” is a tactic to prevent communities engaging in open dialogue and debate to catch provisions that extinguish inherent rights. In 1796 Lieutenant Governor of Upper Canada John Graves Simcoe made a policy preventing these Communities and the Six Nations of Grand River from associating during the distribution of gifts at British Forts. This prevented discussions relating to matter in their Agreements with the Crown. The confidentiality agreement also instills fear where communities feel they must accept this offer as they may not see a more justified settlement pursuing other means. The path chosen favours the Governments agenda where Indigenous Title to Traditional Territory is surrendered.
In other Treaties a standard provision is the inclusion of revenue sharing for occupied traditional territory which is not the case in this agreement which proposes a one time payout. It also extinguishes Indigenous Title to the traditional territory where Industry can now do as they please to the lands and water. Also a process to relinquish Federal and Provincial laws from being imposed upon these First Nations where Sovereignty is recognized and affirmed in Constitutional Law via 1764 Niagara Treaty and Royal Proclamation is also not in the agreement.
Funding to operate these First Nations and their Services is Canada’s fiduciary obligation through the BNA Act. These communities are also accepting Canada’s Self Government Policy through agreements regarding Education and Lands Management which are not Treaties and do not guarantee funding in perpetuity. These agreements help Canada can get out of it’s fiduciary responsibility to First Nations. Since the Williams Treaty doesn’t include a revenue sharing agreement for occupied lands these communities are taking a risk to create a self sustaining economy based on a one time payout with limited lands to eventually pay for operation of their communities and services.
It has always been the agenda for Canada to assimilate First Nations and turn their lands into municipalities which may be the very real future under this offer which can be seen in other Nations like the Nisga.
The final issue not addressed is the issue of a Nation to Nation Relationship First Nations have with Canada in relation to the outstanding Constitutional issue. A Special Committee to investigate the British North America Act at the House of Commons on Feb 26, 1935 and a
a Speech called Constitutional Problems in Canada delivered in the House of Commons on Nov 9, 1945 by Walter Kuhl Member of Parliament for Jasper Edson stated that: The Dominion of Canada did not become a Federal Union under the BNA Act only a Central Legislature for a United Colony.
The 1931 Statue of Westminster stated that the Crown had no more authority in Canada where the people were free to make a proper Constitution and become a Sovereign Nation but failed to do so. The 1982 Amendment to the BNA Act was not created nor ratified by Canadian citizens. The amendment included that Parliament no longer requires the Monarch to amend the BNA Act and also included the Charter of Rights and Freedoms as well as Conferences with Indigenous Peoples which failed.
It seems history is being repeated through this agreement and we must ask ourselves what has Canada got to celebrate?
81 Ogema Miikaan
Christian Island, ON
L9M 0A9 705 247 2120 email@example.com
Beausoleil First Nation Chief and Council
11 O’gema Miikaan
Christian Island, ON
L9M 0A9 705 247 2051
Re: Open Letter to Beausoleil First Nation Chief and Council
Monday May 28, 2018
I am writing to request a written Public Apology before your term is done relating to failure to uphold your Policies and Procedures where I was assaulted by a Council Member.
To remind you Clayton S King was charged for assault while on Council and placed on a 12 month Peace Bond in October 2016. The First Nation’s Policies and Procedures 2.2(a), 3.14, 14.1, 15.1(i), 9.4 prohibit Employees or Council from committing assault during work hours or on their own time; where in such an instance the person is to be removed from their position. Despite this a conscious effort was made to use a provision within the discriminative Indian Act to protect this Councillor demonstrating adverse differential treatment.
Within this elected term I’ve exhausted all proper avenues to hold you accountable to your own Policies such as a request to be on the Agenda for a Council Meeting where I was rudely denied by Council’s Secretary and also filling a Human Rights Complaint. This matter falls on your specific group as Chief and Council and not any future leadership or the community; a public apology is integral if you wish to restore faith into this Public Office especially when Self Governing Policies to get out of the Indian Act exist and continues to be a goal.
Recently Council signed an agreement of “mutual respect” with the Town of Midland where I see no reason why an apology also can’t be made public in the same spirit of “mutual respect” for your own community. It is a great injustice when We the Community are subject to policies and face consequences when Council or Employees do not have to. I trust you will comply with this request or further demonstrate how you as individuals account to the Community in such positions of privilege.
In Community Spirit,
By Johnny Hawk
Prime Minister Justin Trudeau announced a proposed “Framework for Indigenous People” as the family of Colten Boushie wraps up their visit to Parliament Hill, where reports claim the announcement is unrelated to the timing of the acquittal of the man charged in Boushie’s death which has raised a national outcry from Indigenous Peoples and their experiences within the legal system.
Trudeau explained the framework intends to create mechanisms to fully implement Indigenous rights where Indigenous people are continuously having to turn to the courts to have their rights honoured. The framework intends to complete the unfinished business from failed talks following the repatriation of the Constitution in 1982 that left Indigenous rights undefined. Trudeau also stated that Canada will however will not be reopening the Constitution, where Section 35 already recognizes these rights.
CROWN LAW REGARDING INDIGENOUS NATIONS IN SETTLER COURTS
The Holy See or Roman Catholic Church set up the legal system founded on Canon Law. The Crown is not the British Monarchy but has always been the Holy See or Roman Empire. The origin of the word catholic means “universal” and definition of church is the political force of an institutionalized religion, where the word religion means “to bind.” The Holy See is the Universal Roman Empire.
Canon Law is also known as the Law of Water or Admiralty Law and Merchant Law in which sea going vessels needed a law on how to conduct business which today is referred to as commercial law or corporate law. This law governs so called countries and their courts which are just corporations of the Holy See.
The Papal Bulls are Charters that granted authority and rights issued by the Holy See. In 1095 the Papal Bull Terra Nullius gave the kings of Europe the right to “discover” or claim land in non-Christian areas. In 1537 a papal bull entitled Sublimus Deus repealed Inter Cetera the Inter Cetera was the Papal Bull where Spain claimed any lands discovered that did not belong to a Christian. It is here where natural law and international law came to recognize and affirm that aboriginal people are human with souls, jurisdiction and property, which must be respected as a matter of law. Sublimus Deus concluded any laws in breach of this shall be null and void.
In 1704 Queen Anne’s Order in Council was in regards to Mohegan Tribe vs Connecticut is where a Constitutional Order in Council was established. Queen Anne created a special permanent court to adjudicate as an independent third party to settle issues whenever it should arise between Tribal Nations and Settler Governments. This special court has never been disbanded. The Constitutional Order establishing it has never been repealed.
The 1763 Royal Proclamation recognizes and affirms the Sovereignty of the Tribes and Nations that the British is in alliance with. It states that the premature encroachment of the newcomers upon the sovereign jurisdiction of the Indians upon yet unsurrendered territory prima facie constitutes “Misprision of Treason” and “Fraud.” Settler Governments, their Courts, Laws and Agents have no jurisdiction upon unsurrendered lands. The Royal Proclamation is still a Constitutional Oder for the British Colonies in North America.
If we wish to remain as Sovereign Nations we have no business within Settler Courts where their laws, agents have no jurisdiction over us and our Tribal Laws and Territory unless we make such voluntary surrenders. The Settler Governments have always been in breach of the said Crown Law.
THE MYTH OF TREATY
Peace and Friendship Treaties such as the Two Row Wampum, 1764 Niagara Covenant Chain Belt established the Nation to Nation Relationship between the Colonies of the Crown and our Nations. Once we allowed the Law of Water or Crown Law to be
established on Turtle Island through these Peace and Friendship Treaties we’ve allowed our Law of Land, Tribal and Natural Laws to be threatened. Crown Law and Tribal Law are two very contrasting systems of laws where evidently the two can’t co-exist. Crown Law is Hierarchal, Submissive, Patriarchal and Colonial where our two laws naturally are in opposition.
The Preconfederation Treaties and Numbered Treaties are agreements that surrendered lands within our Territories under the myth of peace, friendship and coexistence. These Treaties however were made under duress, coercion and fraud. Many of these Treaties are fraudulent and invalid and still being dealt with illegally within the biased Settler Court System to remedy historic injustices where we are guarded a third party judiciary to settle such grievances until that happens our Territories are still ours and the laws being imposed within our territories are illegitimate.
THE CONSTITUTIONAL QUESTION
The British North America Act was simply a scheme to scam the Indian Trust Fund to pay for establishing the colony of Canada’s infrastructure.
In 1862 the Duke of Newcastle, the Secretary of state for the Colonies makes loan “arrangements” with British Investors, the UK Parliament for the Colonies proposed Railway. The loan was for 12 million pounds sterling. (this can be found in the Canada Railway Loan Bill of 1867. The Loan was due in December 1867. While the Colonies had no real Wealth of their own and were becoming more in major debt they had to come up with a scheme to refinance the loan for the railway due in Dec 1867.
This 1864 Quebec Conference which banned the Press nor involved participation of our Nations or ratified by Citizens is where 32 unelected representatives of the Crown drafted 70 resolutions to establish a Federal Union under the Crown.
The 1866 London Conference, The British North America Bill was submitted to the Queen on February 11. The Queen made no mention of Confederation. When the delegates returned from the UK they brought no original BNA Act back or a certified copy with signatures. The BNA Act was only a Private British Bill that created the “Dominion of Canada” a corporation of the Crown governed by a United Colony.
During this time there were tensions between Britain and the United States where Britain didn’t want to loose its Colonies to the States. The Queen directed John A MacDonald to diffuse these tensions where he officially became a knight on July 1 1867 with the title as Sir a privileged reserved only for British Subjects. How can a British Subject become Head of an independent Country?
The 1982 Amendment of the British North America Act also known as the Constitution Act 1982 did not create a Constitution. An Act that requires permission to be enacted by a Foreign Monarch and not ratified by the People is not a Constitution.
This Act is only continuation of the BNA Act which amendments included Parliament no longer requires the Monarch to amend the BNA Act and also included the Canadian Charter of Rights and Freedoms as well as conferences with Indigenous Peoples which failed.
The BNA Act and Indian Act also were in breach of the said Crown Laws in regards to authority over Indians and Lands Reserved for Indians. Canada is not a Country but a United Colony with no Constitution. Justin Trudeau does not reopen the Constitution because Canada does not have one. So called Canadians are still subjects of the Crown where in the courts it is not the People of Canada at the helm but the Crown.
THE WHITE PAPER 2.0
Social Justice Principles have always been guised as a way to assimilate us from the creation of the civilization act to the education through Residential Schools to making us “equal” citizens in Pierre Ellitot Trudeau’s 1969 White Paper.
Canada’s Self Government Policy where Education Agreements, First Nation Lands Management Act, Band Constitution’s and this new Framework are being accepted and are created for the eventual municipalization, of Indian Lands and termination of our Rights.
Since Canada has no Constitution they require our Nations to accept such illegal frameworks, self government agreements and resolving of such treaties to legitimize their fraud as a Country and their continued withholding of our Indian Trust Fund and illegal occupation of our Territories and theft of the Resources.
If Trudeau is sincere about recognition of our Title, Jurisdiction and Rights then he first must acknowledge Canada has no Constitution and is not a Country but still a United Colony of the Crown that is illegally occupying Indigenous Territories and I highly doubt he is ready to unleash these facts.
In his Speech on Wednesday Justin Trudeau acknowledged his Father’s inclusion of Indigenous Rights within the 1982 Amendment to the BNA Act who was not going to include them initially and also mentioned that his father only included them after the strong organizing by our People. During this time our “Rights” were not clearly defined where our Peoples have had to participate within their systems such as courts which have been being used to define what our rights are which only benefit so called Canada and is erodes our Title and Jurisdiction.
Today the majority of Indigenous champions being recognized, celebrated by the majority of our People and who determine the narrative of the direction we need to take within our Communities are those successful in the institutions of the Settler society such as Justice Minister Judy Wilson Raybould and others within such structures who adopt the assimilative agenda.
We need to organize as Tribal People, Clans on Clan Territories representing Tribal Laws and reestablish our own Institutions and Justice Systems again which are already recognized and affirmed by Crown Laws. We have no business within settler courts where the only business in such structures is those who wish to voluntarily surrender.
I am a no Justice Minister, Lawyer or even a Chief but I can educate myself on such facts of the Law and have to ask the question, Where are all the “educated Indians” we celebrate who are not speaking these truths in their positions and platforms of privilege? I ask you not to take my word in these facts I shared but to do your own research so we can all be stronger in the Truth. It is time to Organize our Council Fires and Forgotten Societies which is not a Protest Movement or a Hashtag.
By: Johnny Hawk
The Anishinabek Education Agreement between the Union of Ontario Indians and Canada is one of 93 agreement’s by 403 Indigenous communities being negotiated under Canada’s Self Government Policy and Comprehensive Claims Process referred by the grassroots community as the Termination Tables. This summer the Union of Ontario Indians are initiating a second vote on the Anishinabek Education Agreement to ratify their right to self termination.
The Agreement will recognize First Nation jurisdiction over Primary, Elementary and Secondary Education. It will create a First Nations Education Board which will distribute Canada’s offer worth about $100,000,000 a year. First Nations who ratify this for their community require the establishment and implementation of a Band Constitution.
This Agreement stems from 20 years of negotiations between the Union of Ontario Indians and Canada. The Union of Ontario Indians are a political advocate for 40 member First Nations governed by Canada’s Indian Act and were incorporated under Canada’s corporations laws in 1949.
Some of the key provisions in the Anishinabek Education Agreement are;
– Each First Nation must create and implement a Band Constitution – The Indian Act will continue to apply with the exception of the education provisions.
– The fiduciary relationship between Canada and First Nations will continue, Canada’s fiduciary obligations may change over time.
– The Canadian Charter of Rights and Freedoms applies to each Participating First Nation as it exercises its authority under the Education Agreement.
– The Education Fiscal Transfer Agreement is a contract between the Participating First Nations and Canada. It is not a treaty.
– First Nation education laws will exist along with federal and provincial laws. Participating First Nation law-making powers do not extend to matters not specifically addressed in this Education Agreement.
A SECOND VOTE TO RATIFY
In December 2016, 29 of the 40 First Nations of the Union of Ontario Indians participated in a vote to ratify the agreement. Canada required a minimum of 12 First Nations to ratify the agreement to proceed. Canada also required each community meet a 25% plus 1 threshold of eligible voters to legitimize the outcome of the vote. 13 First Nations met the threshold and voted yes, 2 voted no and 14 didn’t meet the threshold of voters needed.
Canada didn’t accept the outcome of the First Nations vote results to proceed and is allowing a second vote. Currently 14 First Nations throughout the summer are in the process of having a 2nd vote where this time there will be no threshold required and a simple majority of ballots cast will determine the outcome.
SELF DETERMINATION OF OUR OWN TERMINATION
Anishinabek already have a Constitution which is our Clan System which gets its authority from the people and is accountable to the people. We have our own governance structure, institutions, laws, dispute resolution processes in assertion of our title and jurisdiction on our traditional territories given by Creation.
These proposed Band Constitutions under this agreement are made to acknowledge the authority of Canada over the Bands where the Indian Act will continue to apply. Law making authority is limited which negates any document under these restrictions as a Constitution which only converts these Bands into a municipal government rather than a Sovereign Nation.
We already can make laws regarding Education if Leaders act accordingly. We already have agreements with the Crown that recognizes and affirms our Sovereignty and Inherit Rights through the 1764 Niagara Covenant Chain Belt that is recognized and affirmed by the Royal Proclamation and Canada’s fraudulent Constitution section 25 and where our “existing” Aboriginal and Treaty Rights are protected in section 35. The Anishinabek communities that the Union of Ontario Indians represents are beneficiaries of Pre-confederation Treaties where funds from the lease of our Territories are put into the Indian Trust Fund. This Fund is there for our benefit for such needs as Education. We already have an agreement by Treaty that guarantees our right to access our monies created from the lease of our Territories.
The Anishinabek Education Agreement states the fiduciary relationship between Canada and First Nations will continue however in the same sentence says Canada’s fiduciary obligations may change over time. This statement expresses already a broken promise. This agreement helps define our Constitutional “Right” in regards to education but at the same time legally releases them constitutionally and financially by this statement. If such fiduciary obligations may change over time then at that time we will have no option left but to become dependent on the province of Ontario for education services ultimately becoming an ethnic municipality.
The agreement states this is not a Treaty. So if this is not a Treaty then we have no right to be entering in any agreements in regards to self government, rights, land, title and jurisdiction as we are franchised corporate entities legally defined as “Indians” under Canada’s illegal Indian Act. Blacks Law Dictionary defines a Treaty as; In international law an agreement, league, or contract between two or more nations or sovereigns. Until we assert ourselves not as “Indians” or “Bands” but truly as Anishinabek then these types of agreements are just more fraudulent illegal documents like the BNA Act, Indian Act that breaches the rule of law that further disregards our title and rights and legitimizes Canada’s theft, fraud and treason.
In 1704 Queen Anne’s Order in Council in a ruling between the Mohegans vs Connecticut which has the same standing as the Royal Proclamation has never been repealed. It states disputes between Settler Governments of the Crown and Indigenous Nations require a Third Party Judiciary and not judiciaries of the jurisdictions involved. This is integral as we should not be defining Title and Rights in Canadian Courts or through these Agreements.
In 1982 “existing” Aboriginal and Treaty rights have been “recognized and affirmed” in Section 35 of Canada’s Constitution however they are subject to being defined by Canada’s court’s in breach of the 1704 Queen Anne’s Order. Today First Nations either go to court or are agreeing to these biased Modern Treaties and Self Government Agreements Processes that breach the rule of law.
Court Cases that define and protect Indigenous Title and Rights such as the Tslihquotin Case have created a “judicial discretion” where our Title and Rights are affirmed, defined and acknowledged but if they get in the way of industry then Canada follows “the rule of judicial discretion” instead of “the rule of law.”
These Modern Treaties and Self-Government Agreements only contribute to emptying out Section 35 of Canada’s Constitution of any significant legal, political or economic meaning. These Land Claim and Self-Government Agreements all require the termination of Indigenous title and rights for some land, cash and delegated jurisdiction under the existing federal and provincial orders of government converting “Indian Bands” into municipal type governments.
The first groups in Canada who have agreed to compromise their section 35 Inherent and Aboriginal rights through Modern Treaties have created an organization called the Land Claims Agreement Coalition. The Land Claims Agreement Coalition came together because the federal government wasn’t properly implementing any of their Modern Treaties. So the Coalition essentially became a lobby group to collectively pressure the federal government to respect their Modern Treaties where implementation problems persist today.
The fact that Canada has already broken these Modern Treaties demonstrate the dangers of accepting Canada’s Comprehensive Claims and Self-Government Agreements such as this Anishianbek Education Agreement.
In the Anishinabek Education Agreement Canada’s threshold requirements to ratify it were 25% plus 1 of eligible voters in each community. Canada didn’t accept the Union of Ontario Indians results so asked for a second vote in this second vote there is no threshold only a simple majority vote. It is disheartening that 25% plus 1 eligible voters in each community determines something as important as title and rights whereas a second vote there is no threshold requirements.
As the 1982 Canadian Constitution was being developed the Union of B.C. Indian Chiefs learned in June 1980 that the constitution agenda did not include any mention of our title or rights and so took legal action to block repatriation. The Grassroots people and Leaders initiated a campaign to ensure our title and rights would not be left out of the Constitution and were successful.
After the Constitution was “patriated” there were meetings with Indigenous organizations and the First Ministers to define what our Title and Rights meant within the Constitution which ended in failure. The strong national political organizing by our people dwindled down and Leaders began to compromise their section 35 Inherent, Aboriginal and Treaty rights by entering into Modern Treaties and/or Self-government Agreements under Canada’s unilateral negotiation terms. The strong assertive organizing by the leaders became co-opted by government funding which created the Aboriginal Industry.
As we entered the 90’s grassroots people demonstrated more assertive actions to fight for our title, jurisdiction, rights and land at Oka, Ipperwash, Gustufson Lake to actions of Native Youth Movement where our Warrior Spirit and Warrior Societies reemerged. The Royal commission, inquiries, empty promises and this new social media, go-fund-me generation of activism helped pacify the momentum of the reemergence of self sufficient assertive Warrior Societies and traditional governance was gaining.
Today the passion of Leaders of these First Nations Organizations and Bands are failing to fight as leaders of recent past decades and are acting only as Indian Act administrators helping to pass these cleverly disguised surrenders. If Education is something we value, promote and protect then we should use our education intelligently and know what these agreements are really about.
Today leaders do provide their community with a balance educating on what these agreements really mean nor provide a critical analysis or opposition but only promote the people need to vote to accept it. Any opposition by the community is referred to as members being misinformed, lateral violence or dismissed with propaganda that misdirects facts. These Agreements come with funding to ratify and gives people jobs within our community so it is hard to speak against as poverty against us. Any sincere organizing and assertion of our title, jurisdiction and rights comes with no money or government support.
The only rights most leaders of these “Indian Bands” are willing to stand up for and assert is the right to Self Determination of our own Termination in Canada’s illegal Processes. Anishinabek need an alternative representation and advocacy for Sovereign hearted, minded and thinking people where this is the vision of ACTION; Anishinabek Clans to Invoke our Nation. Those who wish to continue making surrenders need to be respected but need to be free to do so individually and not representing the collective Title and Jurisdiction on behalf of our People and Future Generations.