1798 Penetanguishene Harbour Purchase: A Continued History of Dishonourable Relations

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(Above: 5 Week Blockade June 21 – July 28, 2019 of main entrance of Ontario’s assumed Awenda Provincial Park, Tiny Township. Hunting Grounds of Aisance Band not intended to be included in Penetanguishene Purchase, Crown Treaty 5)

“Brothers of the Western Nations, Sachems, Chiefs and Warriors; You have now been here for several days, during which time we have frequently met to renew and Strengthen our Engagements and you have made so many Promises of your Friendship and Attachment to the English that there now remains for us only to exchange the great Belt of the Covenant Chain that we may not forget our mutual Engagements.”

                      – Sir William Johnson, Superintendent of Indian Affairs, July 31, 1764                                        

By: Kaikaikons, Atik Dodem (Johnny Hawk)

The Upper Canada Treaties between the British and Indigenous Nations in the 1790’s permitted the Crown to establish military bases using strategic waterways and trade routes within Indigenous Territories; Such Land Surrenders were only authorized after a founding Crown-Indigenous Constitutional Agreement was to be ratified. These initial treaties that help create the legal fiction that is Canada demonstrates how Crown Representatives have not always been honourable where Imperial Statutes and International Law continuously are negated in this Nation to Nation Relationship. 

INTERNATIONAL AND CONSTITUTIONAL LAW

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Artwork by “Zig Zag” Warrior Publications https://warriorpublications.wordpress.com

Before discussing any specific historic and current injustices at the hands of Settler Governments we must first address the established Crown and Indigenous Relationship that permitted the Crown and its Subjects to be within Indigenous Lands. This Relationship affirmed by Imperial Statutes set out Constitutional Principals for Settler Governments in which they continuously are in violation. The attempt by Settler Courts such as the Supreme Court of Canada to reverse existing Imperial Statutes and International law are acts of misprision of treason and fraud (1) and complicity of genocide (2) that reneges upon the crown’s legally binding undertaking of protection towards Indigenous Nations as its allies whereas these Settler Governments and its Courts continually negate the rule of law.

International Law regarding Indigenous Nations was first initiated by the Doctrine of Discovery where the so-called New World was gifted by a Papal Bull Inter Caetera (1493) for division among the Spanish and Portuguese. Non-Christian savages had no rights according to the papacy. Albeit this was later superseded by the Papal Bull Sublimis Deus (1537) which declares the Indigenous Peoples of the America’s to be rational beings with souls and asserted their right to liberty and property. (3)

In 1704 the case of the Mohegan Indians v. Connecticut (4) Queen Anne’s Order in Council of 1704, 1740, 1773 (5)acknowledged the Sovereignty of Indigenous Nations in the British Colonies and established the principal of independent and impartial adjudication for Indian land claims throughout British North America. It began with a Royal Petition from the Mohegan Indians to Queen Anne. The Mohegan complained that they had made a treaty with the Colony of Connecticut that Connecticut had misinterpreted as a total surrender of the entirety of the Mohegan land to the Colony. Queen Anne obliged to appoint an independent and impartial adjudicator in lieu of the courts of the offending governments. This Special Court and Orders in Council has never been repealed and is an Imperial Statute with the same standing as the 1763 Royal Proclamation.  

In 1754-63 Anishinabek War Chief Obwandiyag (Pontiac) launched a campaign against the British with a loose confederation of tribes from the Great Lakes Region, Illinois Country and Ohio Country who were dissatisfied with British policies following the French and Indian War. In 1763 King George III issued a Royal Proclamation on October 7, 1763. This was an acknowlegdement that “several Nations or Tribes of Indians with whom we are connected.” (6) from the British recognized that outside the properly ceded colonies everything else belongs to the Indigenous Nations. The Proclamation explicitly states that Indigenous title has existed and continues to exist and that all land would be considered Indigenous land until ceded by treaty.

The Proclamation was directed to the Kings subjects yet it would have no authority if Peace was not secured in the Great Lakes region. Sir William Johnson the first Superintendent of Indian Affairs was charged with the task to secure such an alliance with Indigenous Nations. In July of 1764 he met with 2,000 Chiefs at Niagara Falls.  The alliance was sealed by the use of Wampum Belts. The 1764 Treaty of Niagara confirmed and extended a nation-to-nation relationship between the Crown and Indigenous Peoples.

Anishinabek Scholar and Law Professor John Burrows asserts how the Royal Proclamation is in fact a Treaty as its is interwoven within the 1764 Niagara Treaty. This agreement at the start of the formal relationship between the British and First Nations, demonstrates the foundation of building constitutional principles of peace, friendship and respect, agreed to between the parties. (7)  At the 1764 event the two-row wampum belt was used by Indigenous nations to reflect their understanding of the Royal Proclamation and the Treaty as one of peace, friendship, respect, and non-interference in one another’s internal affairs. 

78761407_10156612289476003_2245196576345554944_o-1.jpgA statement found in Sir William Johnson’s Papers demonstrates the intentions of Crown Representatives from Day one which questions the validity of this Relationship and Agreements and Treaties.  Before they met to negotiate and hear the terms (articles) of the proclamation and exchange Wampum @ Niagara 1764 Sir Williams Johnson records in his own words that the Plan is to Pacify & Ruin us.

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Right to Left: Ojibway/Six Nations Friendship Belt, 5 Council Fire Belt, Dish with One Spoon BeltTHE BEAVER WARS AND BEAVER BOWLTHE BEAVER WARS AND BEAVER BOWL

THE BEAVER WARS AND BEAVER BOWL

The geographical area in question is what Settler Society now refers to as Simcoe County named after Upper Canada’s first Lieutenant Governer, John Graves Simcoe is located in the central portion of so called Southern Ontario. The first europeans to explore this area were the French who encountered the Wendat Nation and referred them to as the Huron; a French description of the style of hair the Wendat men wore. The Wendat a tribe of the Iroquoian Peoples have been known to be the original inhabitants of the area however archaeological evidence determined a Pre Iroquoian occupation dating back approximately as early as AD 1000. (8) is more characteristic of an Anishinabek Village.

The Amikwa “Beaver People” were Anishiabek Peoples and were one of the first recognized by Europeans in the 17th century. They inhabited the north shore of Lake Huron opposite the island of Manitoulin along the shores between Missisagi and French Rivers, and along Spanish River. They were a large, powerful group allied with the Nipissings.

In the 1630’s the Haudenasaune, the Five Nations of the Iroquois Confederacy (Mohawk, Oneida, Onondaga, Cayuga, and Seneca) began to push northward into this region in search of more lucrative hunting territories; This was known as the Beaver Wars. For two decades, the Five Nations plundered and destroyed Huron villages, and by 1650 the Huron had abandoned the territory. In the mid 1680’s the Ojibwa’s began attacking the Iroquois who, debilitated by disease and warfare retreated by 1701 to their lands south of the lower Great Lakes. Following this victory, increased numbers of Ojibwa people migrated south to occupy the territory bounded by Georgian Bay and Lake Huron on the north and west, and lakes Erie and Ontario to the south and east. (9)

The Haudenasaunee and Anishinabek would create Treaties to end Intertribal Warfare in a series of 5 Wampum Belts. (10) The Dish With One Spoon Wampum. (11) established an alliance between the Haundenasaunee and Anishinabek to share and protect their Territories known as the Beaver Bowl.  This treaty made between the Anishinaabe and Haudenosaunee nations at Montréal in 1701 as part of the Great Peace of Montreal includes part of the current province of Ontario between the Great Lakes and extending east along the north shore of the St. Lawrence River up to the border with the current province of Quebec. (12)

Another Wampum Belt between the Anishinabek and Haudenasaunee that solidified their Alliance was the Ojibway Friendship Belt and the 5 Council Fire Belt which acknowledged Anishinabek Clan Territories referred to as Council Fires that stretched from the Credit River to Sault Ste Marie. The Reverend Peter Jones, who was a Mississauga Anishinaabe from the Credit River (now Toronto), recorded the following proceedings of a council between the Anishinaabe and the Haudenosaunee held Tuesday, 21st January, 1840. The following reveals as late as 1840, the Anishinaabeg and the Six Nations were still renewing the treaties between themselves and acknowledging Anishinabek Council Fire Clan Territories. 

“That the Nahdooways made the road or path and pointed out the different council fires which were to be kept lighted. The first marks on the Wampum represented that a council fire should be kept burning at the Sault Ste Marie. The 2nd mark represented the Council fire at Manitoulin Island, where a beautiful White Fish was placed, who should watch the fire as long as the world stood. The 3rd Mark represents the Council fire placed on an island opposite Penetanguishene Bay on which was placed a Beaver to watch the fire. The 4th Mark represents the Council fire lighted up at the Narrows of Lake Simcoe at which place was put a White Rein Deer. To him the Rein Deer was committed the keeping of this Wampum talk. The 5th Mark represents the Council fire which was placed at this River Credit where a beautiful White headed Eagle was placed upon a very tall pine tree, in order to watch the Council fires and see if any ill winds blew upon the smoke of the Council fires.” (13)

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Chippewas of Rama First Nation located in the 4th Council Fire Territory where a “White Reindeer” would be placed uses the Deer for its Community flag. Last Hereditary Clan Chief Yellowhead was Caribou/ Reindeer Clan and holder of this Belt.

The decedents of the Beaver Council Fire and Rein Deer Council Fire consists of today’s Beausoleil First Nation, Chippewa’s of Rama and Georgina Island in which their last Hereditary Chiefs representing the Clan System were Chiefs Aisance, Musquakie and Kinaybicoinini whose Clans match these Council Fires.  Although Aisance’s Totem is Otter it is the same Clan as the Beaver; this parallel to how Yellowheads Totem is referred at times as Reindeer or Caribou. 

The Aisance Band lived around Matchedash Bay on the southeast shore of Georgian Bay by the late eighteenth century. Their hunting grounds covered “the vast tract stretching from Colins Inlet, on the north -eastern shore of the Georgian Bay, to the northern limits of the land claimed by the Missisauga’s.”(14)  Within this area the Band used the rich resources of the Beaver Valley and of the Nottawasaga River.

1798 PENETANGUISHENE HARBOUR PURCHASE:        Crown Treaty Number 5 

Upper Canada was the predecessor of modern-day Ontario it was created in 1791 by the division of the old Province of Quebec into Lower Canada in the east and Upper Canada in the west and by such Upper Canada Treaties as the 1798 Penetanguishene Harbor Purchase. In these Upper Canada Treaties there are three main problems: the description of the lands purchased were often vague; cessions from a specific group often covered lands used by others; and some groups surrendered lands to which they held no interests. (15)

The first Lieutenant Governor of Upper Canada was John Graves Simcoe and was anxious to secure land on Georgian Bay at the site of present-day Penetanguishene. He visited it in 1793 and following the receipt of a report from the surveyor A. Aitken he became very enthusiastic about the site as a harbour. He wanted to create a military establishment there in order to effect a British naval presence on Lake Huron. (16)

Oral Tradition as shared by former Leadership and Elders of the Beausoleil First Nation along with Ian Johnson; A Lawyer who spent many years as a researcher for the Band who has helped in the success of two major historic land claim settlements have always determined that this Treaty was only for Penetanguishene Harbour as understood by the signing Chiefs. This outstanding issue was the focus of a Claim being submitted to Canada’s Specific Claims Branch for negotiations which Canada rejected in 1997. 73513665_10157661237934938_1179489850177355776_o.jpg

On May 19th, 1795 representatives of the “Chippewa Nation” signed a provisional agreement at York; This document indicated that if they received goods worth 100 pounds in Quebec currency they would cede the lands “from the head of Opetiquawising to Nottowaysague Bay including the harbour of Penetanguishene. (17)

“Keewaycamekeishcan: who used the Otter totem as his mark” (18) meaning “He went in place of somebody.” This man likely signed the tentative agreement in the absence of one of the chiefs.(19)  The Government took no immediate action to fulfill the terms of the provisional agreement. While no money or goods were given no attempt was made to take possession of the lands.

Simcoe left the colony in July 1796 and in his absence Peter Russell became the Administer of the Province. Although a representative for Assance signed the tentative agreement of 1795 and he himself signed the Treaty of 1798 ceding their land stretching from Thunder Beach to both shores of Penetanguishene Bay

In November 1796 two chiefs from Lake Simcoe and the Matchedash region, “Keubegone onene, and Escence,” reminded Major Samuel Smith, Commander at York of promises which Simcoe made to them and felt they may have been deceived. “ Father I am sorry we are thrown away and that our Great Father Governor Simcoe should have a sweet mouth” (20)

The Penetanguishene Harbour Purchase, Crown Treaty 5 signed May 22, 1798 by “Chiefs, Warriors and People of the Chippeway Tribe and Nation of the Indians” ceded all that tract or space containing land and water, or parcel of ground covered with water, be the same land or water or both lying and being near or upon the Lake Huron, called Penetangushene, and butted and bounded as follow: Beginning at the head or South-Westernmost angle of a bay situated above certain French ruins, now lying on the east side of a small strait leading from the said bay into a larger Bay called Gloucester or Sturgeon Bay; the head or South-Westernmost angle of the said bay being called by the Indians Opetiguoyawsing; thence North 70° West to a bay of Lake Huron, called by the Indians Nottoway Sague Bay; thence following the shores of Lake Huron, according to the different courses and winding of the said Nottoway Sague Bay–Penetangushene Habour and Gloucester or Sturgeon Bay, sometimes called also Matchedash –to the place of beginning: containing all the land to the Northward of the said line running North 70° West and lying between it and the waters of Lake Huron, together with the Islands in the said Harbour of Penetangushene..(21)

“The description of the ceded territory was vague and the maps accompanying the treaty demonstrated the extent to which the surveyors were unfamiliar with the area.” (23)

“Band Members also speak on traditional hunting grounds south of Nottawasaga Bay in lands covered by the 1815 cession of Lands.”(24)  

It his still of Chief Aisance family’s oral tradition that still holds that there were family hunting grounds within the area of today’s Thunder Beach

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Above: 1795 Provisional Agreement 100 Pound in Goods in Quebec Currency. Goods were Not yet distributed.
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Above: 1798 Penetanguishene Harbour Purchase (101 Pounds in Goods in Quebec Currency)
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Above: (In Blue) 1798 Penetanguishene Harbour Purchase, Crown Treaty number 5 as per Ontario’s Treaties Maps. – Notice how much Original Treaty Maps differ from Ontarios Map.78261794_2370410223269315_5791163451854290944_n.jpg78274714_519756631909871_8546366744397086720_n.jpg

Throughout this period, Aboriginal lands were constantly described as “hunting grounds” in official documents and correspondence of the Indian Department. In light of this usage, did British colonial officials make any distinction between the “hunting grounds” and Aboriginal title in their policies and their practices of treaty-making? (25)

Francis Gore became Lieutenant-Governor of Upper Canada in 1806 and he believed that before the Penetanguishene Peninsula could be developed, the government would have to build a road leading to it from Lake Simcoe. In June 1811 he sent Williams Claus, Deputy Superintendent of Indian Affairs to negotiate yet another provisional agreement with the Ojibwes of Lake Simcoe and Matchedash Bay. This Treaty was seeking the Ojibwe to cede 250,000 acres of land situated between Kempentfelt Bay on Lake Simcoe and Penetangusihene Bay on Lake Huron.

At this meeting of this tentative agreement Deputy Superintendent of Indian Affairs William Claus told the Chiefs “I do not consider that we have a right to take possession of the land until the deed of conveyance shall; be executed and there is no objection to you occupying the garden grounds at Penetanguishene Bay. (26)

Although the goods were sent from England the following summer, they were needed by the government for other purposes and therefore were not used to purchase the land. With the outbreak of war with the United States in 1812, the government believed it could no longer postpone creating a naval base in the area. Claus assured the Chiefs that although the government had sent troops “to open roads and form an establishment on Lake Huron,” it recognized that “all the Lands north of Lake Simcoe” were “still the property of the Indians.” (27)

Above: Georgian Bay Band Territories around 1849. 1850 Robinson Huron Treaty ceeded 50,000 acres of lands of Chippewas of Lake Huron and Simcoe in which these 1923 “Williams Treaty” Bands are not signatories or benefit from such compensation and annuities.

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In November 1815, “Kinaybicoinini, Alsace and Musquckey, the principal Chiefs of the Chippewa Nation of Indians” signed a treaty agreeing to cede 250,000 acres which was the final ratification of the provisional agreement in June 1811. This Treaty however did not contain no reference to the blacksmith which these chiefs had requested in 1811; no mention was made of the promise Claus had made in that year that they could continue to use their gardens at Penetanguishene. 

This is how substantial lands were misappropriated through this Treaty. The “Hunting Grounds” and “Gardens” were never defined only that through Oral Tradition that the 1798 Penetanguishene Purchase was only for the Harbour. 

 In the text of these treaties the language is obviously not that of the Chiefs which is problematic even though it says they understand the embodiment of the agreements by including such provision in these treaties as; “having first heard this instrument openly read and rehearsed in our own language and fully approved by ourselves and our Nation.” (28) 

Even in the Settler Government Courts through Supreme Court rulings there are principles that require the understanding of both parties. The case is the rule in Nowegijick that “treaties and statutes dealing with Indians should be given a fair, large and liberal construction and doubtful expressions resolved in favour of the Indians, in the sense in which they would be naturally understood by the Indians.” Many decisions in Settler Courts set precedent that treaties constitute a unique type of agreement and attract special principles of interpretation should be liberally construed and ambiguities or doubtful expressions should be resolved in favour of the aboriginal signatories.(29) 

It is absolutely inconceivable that these Chiefs would surrender so much land without thinking of their connection to the land, water, inherit rights, future generations and a place to call home.

RELIGHTING OF AMIK COUNCIL FIRE

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John Hawk and Richard Peters decedents of Kaikaikons and Kidegewegon whose families were both together at 1830’s Coldwater Narrows Reserve; Canada’s First trial of the Indian Reserve System. The two men occupied Coldwater Canadian Heritage Muesum with Greg King all from Christian Island in April 2012

In 2012 the Chippewa Tri Council of Beausoleil First Nation, Georgina Island and Rama descendent’s of the Council Fires of the Chippewas of so called Lake Huron and Simcoe represented by Aisance, Snake and Yellowhead accepted a settlement regarding the Coldwater Narrows Reserve. 

In an action to oppose Canada’s Specific Claims Policy where Indigenous Peoples are made to by back stolen lands with compensation; funds which are created by the exploitation of Indigenous Territories in the first place and as a part of relighting these Clan Council Fires three men from Chimnissing so called Beausoleil First Nation set up an occupation in Coldwater on a Heritage Museum. This was also to oppose the First Nation as they are not the true authority to make such agreements as they are part of the colonial Indian Act system and representatives of the Crown since 1880 where the Indian Act section 72 replaced the Indian national hereditary governments with an elective system governed by the Indian Act.

The Occupation at the Heritage Site then moved into Ontario’s assumed Awenda Provincial Park. Within this Park is a Large Granite Stone that has the Markings of the three Clan Chiefs and Crown Representatives and dates that refer to time around the 1798 Penetang Purchase and is known as Council Rock. The Camp are was as a spiritual and peaceful occupation and a Cabin and Traditional Lodge were built and went unbothered by Park Staff for 7 years.

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Oshkimaadiziig Unity Camp. John Hawk and Richard Peters built a Cultural Cabin in so called Awenda Park. Cabin was destroyed and removed by Ontario Parks who violated a Supreme Court of Canada ruling in R v Sundown, R v Meshake and the rights retained in 2018 Williams Treaty Settlement Agreement where Indigenous have rights to their traditional territory; Hunting, Fishing, Harvesting, Cultural use and establishing Structures for such use 
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Richard Peters and John Hawk at Council Rock. 3rd Council Fire area within 5 Council Fire Belt. Chippewas of “Lake Simcoe and Huron” Traditional Territory

In 2018 another historic Land Claim Settlement was finalized regarding the Williams Treaty that included 7 First Nations. On June 21, 2019 on Indigenous Peoples Solidarity Day John Hawk blocked the main entrance of Awenda Provincial Park by felling large pine trees. He initiated this action for the same reasons as the previous Land Surrender or “Settlement” and also to attempt to reclaim these lands which were misappropriated in 1798 and 1815 Treaties fraudulently which are unsurrendered Indian Lands. 

66279195_10217846554051509_7939818221471793152_nFor 5 Weeks Hawk kept this blockade going until he was removed from the OPP. The Park Warden fabricated a complaint that Hawk was uttering threats. Hawk asserts he was only informing the warden on issue of the Ipperwash inquiry. This fabricated accusation is all the Park needed to send in the OPP to  remove Hawk and his blockade. He was taken into another Township and held in custody for a day in a half and released on Bail. During this time the Park Staff removed the Cabin that was in a forested area that had been up for 7 years at a sacred area known as “council rock” which was never a disturbance. 

With the 2018 Williams Treaty Settlement the 7 First Nation’s retained their hunting and fishing rights back to the traditional territory which were allegedly surrended in the 1923 Williams Treaty. This agreement reinstated such rights to the 13 Million Acres of traditional territory of the 7 First Nations. The removal of the Cabin by Ontario Parks is already in violation of infringing upon such rights as well as Canada’s own laws in Supreme Court decision R vs. Sundown which declares Indigenous Peoples right to erect cabins without permits on so called Crown land. 

During this action Hawk also brought a compound bow as a symbol of Anishinabek Right to Harvest and Food Sovereignty within his peoples Traditional Hunting Grounds. The OPP confiscated the bow which also is an infringement on Indigenous inherit rights.

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Hawk is currently within Ontario’s provincial court which started on August 22, 2019. He is not addressing the fabrication of the charge of uttering threats but has brought forth a Constitutional Challenge bringing forth evidence which is a position rarely used in Canada. The position Hawk is taking was successful in 5 other occasions with other Indigenous Activists.  Hawk asserts he is upholding Constitutional and International Laws where the Ontario Provincial Courts, OPP and Indian Act Band Councils usurp the jurisdiction of Indigenous Clan Council Fires. In this challenge he is also questioning the Canadian Constitution which does not exist and is legal fiction.

FEDERAL MINISTERS IN CONFLICT OF INTEREST?

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The Liberal Government Federal Minister’s; Minister of Indigenous-Crown Relations, Carolyn Bennett and Minister of Finance Bill Morneau both own property on lands in question.

Carolyn Bennett — who issued an apology for historic wrongdoing in November 2018 to seven First Nation signatories to the 1923 Williams Treaties owns a cottage on said lands in Tiny Township on Thunder Beach. These lands are part of the lands that were not to be included within the 1798 Penetanguishene Harbour Purchase and fraudulently surrendered by the 1815 Lake Simcoe Purchase and 1850 Robinson Huron Treaty.

The 2018 Williams Treaty Settlement does not clarify if these misappropriated unsurrendered Indian Lands in this issue of the Penetanguishene Harbour Purchase, Crown Treaty 5 were settled and lands surrenderd.

If Minister Bennett and Finance Minister Bill Morneau did not declare a conflict of interest in cabinet and government approval of the William’s Treaty settlement, they are guilty of an offence under Ethics and should be investigated by the RCMP. Bill Morneau for obvious reasons of the property they on misapproporated lands that needs to be properly dealt with.

In 2017 CBC learned Finance Minister Bill Morneau waited two years to disclose to Canada’s ethics watchdog of a private corporation; A villa in southern France that he and his wife own.

CONCLUSION: Violations of Constitutional and International Law by Canada

Pre Confederation Treaties, 1867 BNA Act, Indian Act, Numbered Treaties, 1931 Statute of Westminster and 1982 Constitution Act were not created in the Spirit of Peace and Non-Interference of the founding Constitutional 1764 Nation to Nation Law.

The British North America Act of 1867 was never a Constitution it was only a British Act of the Imperial Parliament where Canada never became the government of Canada. It became merely the central legislature of a united colony, a legislative body whose only power was that of aiding and advising the governor general as an agent of the imperial parliament. (30)

In 1931 the UK issued Statute of Westminster. It is where the Crown gave up authority within its Dominions. It gave legal recognition to the independence of the British Dominions recognizing that “the Parliament of a Dominion has full power to make laws having extra-territorial application.” As such, it acknowledged Canada’s legislative independence and sovereignty. This Statute without the consent of the Indigenous Nations is in direct violation of the 1764 Niagara Treaty where the Crown reneged on its legal duties to protect us as its allies from Settler Governments. This fact demonstrates the Crown as an ally to the Indigenous gives up its responsibility therefore reneges on such Treaties where all agreements are null and void and the so called Canadian Land Mass reverts back to the Indigenous.

In 1982 the so called “patriation” of the Constitution was only an amendment of the 1867 BNA Act now referred as the Constitution Act where in 1867 and 1982 was never ratified by the people. It is only a Parliamentary Act not created by and for the people. 

Canada as a legal entity does not Exist. These are all Indigenous Lands where title and all benefits of the resources are that of the Indigenous Families/Clans and Confederacies of Great Turtle Island.

Hawk goes to Court for a Judicial Pre Trial for his Constitutional Challenge on December 16, 2019 in Midland ON.

Citations:

  1. The 1793 Royal Proclamation https://www.aadnc-aandc.gc.ca/eng/1370355181092/1370355203645
  2.  The Convention for the Prevention and Punishment of the Crime of Genocide, 1948.
  3. Pope Paul III. “Sublimus Dei, 1537, Papal Encyclicals Online
  4. The Governor and Company of Connecticut and Mohegan Indians (London: 1769; 5 Acts of the Privy Council of England , Colonial Series 218; (London: 1912); Smith, Appeals to the Privy Council from the American Plantations 
  5. Appendix Archival Legislation, Case Book of Constitutional Orders in Council, Mohegan Indians v. Connecticut, Order in Council (U.K) of 9 March 1704, Order In Council (U.K) 31 July 1740, Order In Council (U.K) 15 Jan 1773 
  6. The 1793 Royal Proclamation https://www.aadnc-aandc.gc.ca/eng/1370355181092/1370355203645
  7. Constitutional Law From a First Nation Perspective: Self Government and The Royal Proclamation, Borrows, 1994 
  8. The Methodist Point Site: A Middle Ontario Iroquois Camp on Georgian Bay, Smith 1979
  9. The Role of the Ojibwe in the Conquest of Southern Ontario, 1650-1701 Vol. 76, No 4, P. 19, P.S. Schmalz (1984) 
  10. International Treaties: Anishinaabeg and Haudenasaunee, Alan Corbiere (2011) 
  11. “A Dish with One Spoon: The Shared Hunting Grounds Agreement in the Great Lakes and St. Lawrence Valley Region”Papers of the Twenty-eighth Algonquian Conference. 28: 210–227.  Lytwyn, Victor P. (1997)
  12. A Dish with One Spoon: The Shared Hunting Grounds Agreement in the Great Lakes and St. Lawrence Valley Region”. Papers of the Twenty-eighth Algonquian Conference. 28: 210–227.  Lytwyn, Victor P. (1997)
  13.  Peter S. Schmalz. The Ojibwa of Southern Ontario. (Toronto, University of Toronto Press, 1991), p. 126.
  14. R. Surtees Indian and Northern Affairs Canada (1984) Indian Land Surrenders in Ontario 1763-1867
  15.  Peter S. Schmalz. The Ojibwa of Southern Ontario. (Toronto, University of Toronto Press, 1991), p. 126.
  16.  R. Surtees Indian and Northern Affairs Canada (1984) Indian Land Surrenders in Ontario 1763-1867
  17.  Indian Treaties and Surrenders: From 1680 to 1890 Vol. I pg. 16-17 
  18. Ibid. map inserted between p. 26 and p.27
  19. A History of Christian Island and the Beausoleil Band, University of Western Ontario, (1990) Volume III pg. 22   (Interview with Doris Fisher, April 1989)
  20. A Speech of Keubegone Onene and Escence to Major Smith, 25 November 1796, in The Russell Papers; The Correspondence of the Honourable Peter Russell with Allied Documents Relatives to His Administration of the Government of Upper Canada During the Official Term of Lieutenant-Goveror J.G Simcoe while on leave of Absence. Vol 1 1796-1797. ( Ontario Historical Society (1924), p.98
  21. Indian Treaties and Surrenders: From 1680-1890, p. 15
  22. A History of Christian Island and the Beausoleil Band, London On: Department of History, University of Western Ontario, (1990) Volume III pg. 26
  23. Ibid pg.5
  24. A History of Christian Island and the Beausoleil Band, London On: Department of History, University of Western Ontario, 1990, Volume III Pg. 5 (Interview with Merle Assance Beadie, April 1989)
  25. Morin, Jean-Pierre, “Concepts of Extinguishment in the Upper Canada Land Surrender Treaties, 1764–1862” (2010).
  26. Proceedings of a Meeting with the Chippewa Indians of Matchedash and Lake Simcoe at Gwillembury, 8-9 June 1811, C.O.42,351, P.132 (mfm. Ontario Archives)
  27. NAC, R.G.10,vOL.4, Indian Affairs, Lieutenant-Governor’s Office, Upper Canada, Correspondence, 1809-1814, William Claus to Edward Macmahon, 29 December 1814, pp. 1624-1625
  28.  Indian Treaties and Surrenders: From 1680-1890, p. 15
  29. R. v. Sundown, 1999 CanLII 673 (SCC), [1999] 1 S.C.R. 393, at para. 24; R. v. Badger, 1996 CanLII 236 (SCC), [1996] 1 S.C.R. 771, at para. 78; R. v. Sioui, 1990 CanLII 103 (SCC), [1990] 1 S.C.R. 1025, at p. 1043; Simon v. The Queen, 1985 CanLII 11 (SCC), [1985] 2 S.C.R. 387, at p. 404.  See also: J. [Sákéj] Youngblood Henderson, “Interpreting Sui Generis Treaties” (1997), 36 Alta. L. Rev. 46; L. I. Rotman, “Defining Parameters: Aboriginal Rights, Treaty Rights, and the Sparrow Justificatory Test” (1997), 36 Alta. L. Rev. 149.
  30. Canada: A Country without a Constitution, A Factual Examination of the Constitutional Problem. Walter F Kuhl (1977)

2 thoughts on “1798 Penetanguishene Harbour Purchase: A Continued History of Dishonourable Relations

  1. This is a great article, from an historical standpoint, which helped to clarify many questions with regard to the messy and dysfunctional relationship that the Brittish Crown and the Canadian corporation have used for several hundred years to keep ANNISHNAABE from what is rightly their birthright!

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  2. keep up all the great work you are doing for all of us JON.. your a great man and only great thuings to come…i am with you on all of the aritcales in the posting in this paper..we all have our stuggle and this “Matters”…………..

    Like

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