Rule of Law

The following exemplifies how the royal proclamation is still in effect and how Canada is not a country but a defacto government where all it’s laws and treaties regarding the surrender of our inherit rights and land base are null and void including the modern day neo colonial self termination agreements, acts, and constitutions Indian Act Band Councils are establishing. 

Sublimus Deus, 1537; Queen Anne’s Order in Council of March 1704 in the matter of Mohegan Indians v. Connecticut; the Royal Proclamation of 1763; and the Convention for the Prevention and Punishment of the Crime of Genocide, 1948. The law recorded by these are simple, clear and plain:

(a) Natives have sovereign jurisdiction upon unsurrendered territory, under the protection of overarching crown sovereignty expressed constitutionally;

(b) The newcomers have sovereign jurisdiction upon surrendered territory, also under the protection of the same overarching crown sovereignty expressed constitutionally; and,

(c) 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” and, arguably, “Complicity in Genocide,” expressed constitutionally.

This rule of law where Indigenous Peoples in the settler courts of Canada have tried to address as being ignored in assertion of title and jurisdiction and access to a third party tribunal that is guaranteed constitutionally and internationally when it comes to disputes between Canada and our Nations demonstrates how Canada is not only in a conflict of interest but a defacto criminal government.

Legal Representative, Bruce Clark who resurrected this argument in these settler courts on behalf of our people in numerous cases has been the victim of documented smear and misinformation campaigns. In 1995, Clark tried to make this argument on behalf of the Ts’peten Defenders engaged in a defensive armed standoff initiated by the RCMP, FBI and the Canadian Army in Gustafsen Lake, B.C. In his effort Clark was taken involuntarily into custody and sent to an institution for a compulsory psychological examination and also faced numerous charges of contempt of court and been disbarred as a result of bringing up this argument.

The Royal Proclamation is a document that set out guidelines between the Crown and “the several Nations or Tribes of Indians” they are allied with. The Royal Proclamation was initially issued by King George III in 1763 to officially claim British territory in North America after Britain won the Seven Years War. The Proclamation forbade settlers from claiming land from the Aboriginal occupants unless it has been first bought by the Crown and then sold to the settlers.

 The Royal Proclamation further sets out that only the Crown can buy land from First Nations. It also recognizes existing Aboriginal rights and title, including the right to self-determination. The Royal Proclamation is enshrined in Section 25 of the Canadian Constitution Act; this section of the Charter of Rights and Freedoms guarantees that nothing can terminate or diminish the Aboriginal rights outlined in the Proclamation.

The Proclamation also states that any Settler Governments, Military, Agents of the Crown who breach these guidelines are guilty of Misprison of Treason and Fraud. The Royal Proclamation of 1763 was not repealed prior to 1897 and there was no repeal of it since that time. It continues in full force and effect.

1764 Niagara Covenant Chain Belt Treaty between 24 Indigenous Nations and the British Crown which is based on Peace, Coexistence and Non Interference. This Agreement set the stage for our Nation to Crown Relationship that is supposed to be honored from then to today and is also exemplified in the Royal Proclamation and the the defacto government that is Canada’s own fraudulent Constitution.

Pre Confederation Treaties: Before Canada was established Anishinabek in what is now known as southern Ontario were part of a larger group referred by the Crown as the Chippewa’s of Lake Huron and Simcoe, Missisaugas or Rice Lake and New Credit as well as Pottawatomi who were pushed out of their territories in the so called United States and amalgamated with our villages. These groups  traditional territories spans an area of 13 million acres in what is now known as the province of Ontario.

These groups were used to implement colonial policies and failed agreements that was tried, perfected and imposed on other Anishinabek throughout so called Canada. From 1785 to 1897 the Chippewas of Lake Huron and Simcoe were involved with 10 treaties that allowed the Crown use of specific portions of our territory in exchange for tools, goods, education, cattle. Title and Jurisdiction were never surrendered and some lands were to be given back after war of 1812 efforts. Regular annuities for use of these lands that was promised were also not upheld where there were also issues of outright fraudulence at the hands of the Crown in what was agreed upon in these treaties.

1830 Coldwater Narrows Experiment was the first trial of the Reserve system in so called Upper Canada and implemented by Lieutenant Governor of Upper Canada to assimilate the Chippewas of Lake Huron and Simcoe as a way to further claim our territories by displacing us from accessing our traditional territory and lifestyle and to move onto a 10,000 acre reserve to adopt farming and Christianity. In 1836 our Chiefs were led to believe they were signing ownership of the reserve however it was an outright fraudulent surrender. The three Chiefs of the Chippewas of Lake Huron and Simcoe again were displaced onto smaller tracts of land and split up to where they currently reside as three separate communities known as the Beausoleil, Rama and Georgian Island First Nations.

The Fraudulent 1867  British North America Act/Constitution Act is how Canada fraudulently became a Country and how illegally the responsibility of Indigenous Peoples was transferred from the British to the Canadian government. The Canadian government now had the presumed sole authority to negotiate treaties with the Indians and purchase their land. Yet, at the same time, the Canadian government was supposed to be looking after the Indians’ best interests. It was a huge conflict of interest that led to many abuses however this BNA Act only gave the perception that Canada was a Country which it is not.

In 1864 an assembly of such unelected “colonial representatives of the Crown” (appointees and careerists) con­vened in Que­bec and began to draft the Quebec Resolutions under the wise guidance of the Hon. John A. Macdonald all of them men of sub­stance, inspired by self-interest. The original draft was created by an unelected assembly of colonial appointees without the knowledge of the general public.

In 1867 the “Que­bec scheme of 1864″ was submitted to the Colonial Office in London for Royal assent, to be enacted by the British legislature. In between readings in the House of Lords and the House of Commons the wording of the preamble (the most important page of a constitution) was changed (a fraudulent slight of hand), with­out the knowledge of the delegation from Canada or anybody in both houses, into the oxy­moron it has remained to this day. At this point there existed no printed copy of the original.

The list of experts who attested to this fact in 1935 is impressive, indeed:

Dr. O. D. Skel­ton, Under-Secretary of State for Exter­nal Affairs; Dr. Ollivier, K.C., Joint-Law Clerk, House of Com­mons; Dr. W. P. Kennedy, Pro­fes­sor of Law, Uni­ver­sity of Toronto; Dr. N. McL. Rogers, Pro­fes­sor of Polit­i­cal Sci­ence, Queens Uni­ver­sity; Dr. Arthur Beauch­esne, K.C., C.M.G., L.L.D., Clerk of the House of Commons.

The British North America Act only created a central legislature for a United Colony, a legislative body whose only real power was aiding and advising the governor general as an agent of the Imperial Parliament. The Interpretation Act of 1889 section 18 paragraph 3 states: The expressions of “colony” shall mean any of Her Majesty’s dominions, exclusive to the British Islands and of British India; and where parts of such dominions are under both a central legislature and local legislatures, all parts under the central legislature for the purpose of this definition be deemed to be one colony.

“ The British North America Act is not an understanding between provinces it is an act of parliament which does not even embody all the resolutions passed in Canada and in London prior to its passage in the British parliament where certain clauses that had not been recommended by the by the Canadian provinces were added.”  – Doctor Beauchesne, Clerk of the House of Commons, Special Committee of the British North America Act 1935 Page 125 of Report

This exemplifies that the Act, Laws, Treaties and Surrenders made with our people under the de facto government that is Canada are null and void including their own laws and country

1931 Statute of Westminister was a British law clarifying the powers of Canada’s Parliament and those of the other Commonwealth Dominions. It granted these former colonies full legal freedom except in those areas where they chose to remain subordinate to Britain. Since 1931 the people of so called Canada have been trying to govern themselves federally under an instrument that is nothing more than an act of an imperial parliament for the purpose of governing a colonial possession.

Not only has this anomalous condition obtained since 1931 but it has done so without any reference whatsoever having been made to the Canadian people. They have been not consulted on anything pertaining to constitutional matters.  Before they can be a federal union and a federal government the provinces of so called Canada must be free and independent to consummate such a union. They have been free to do so since 1931 but have not done so.

1876 Indian Act is an illegal act that authorizes the Canadian federal government to regulate and administer in the affairs and day-to-day lives of registered Indians and reserve communities. This authority has ranged from overarching political control, such as imposing governing structures on Aboriginal communities in the form of band councils, to control over the rights of Indians to practice their culture and traditions.

The Indian Act has also enabled the government to determine the land base of these groups in the form of reserves, and even to define who qualifies as Indian in the form of Indian status.

The Indian Act also dropped the phrase “the several Nations or Tribes of Indians” that was entrenched in the Royal Proclamation and replaced it with the term Indian “bands.” “Bands” were defined as municipal government groups as opposed to sovereign or quasi-sovereign Nations. And “Indians” were re-defined as persons listed in a register of individuals regarded by the federal government as subject people.

In the Indian Act, 1880, section 72 replaced the Indian national hereditary governments with an elective system. The “life chief” system that defined old-style Indian government was made illegal. In 1927 the Indian Act was further amended to make it a criminal offence for lawyers to raise funds to conduct “land claims.” Indian dances and ceremonies of the national governments were themselves made criminal offences.

Indian Act Amendments: The Indian Act was unconstitutional and should have been stopped by the legal establishment. The opposite occurred: the whole illegal system was and still is administered and enforced by the legal establishment. When Aboriginal political organizing became more extensive in the 1920s and groups began to pursue land claims, the federal government added Section 141 to the Indian Act. Section 141 outlawed the hiring of lawyers and legal counsel by Indians, effectively barring Aboriginal peoples from fighting for their rights through the legal system. Eventually, these laws expanded to such a point that virtually any gathering was strictly prohibited and would result in a jail term. These amendments presented a significant barrier to Aboriginal political organizing and many organizations had to disband.

Residential Schools The federal government furthermore in the 1880s invented the Indian Residential School system. It operated for 100 years. Indian children were taken from their families at ages 4 to 16 and shipped far away from their homes to mass boarding schools and were physically and sexually abused that has caused major intergenerational trauma. In these schools the Indian languages were forbidden and replaced by English or French. The intent was “to kill the Indian in the child.”

All of these changes under the Indian Acts were unconstitutional, because not enacted by the Imperial Parliament of Great Britain. They were also criminal. The crimes were treason and fraud or misprisions of those crimes.

1923 Williams Treaty was established between the Crown and 7 Indian Act Bands of the decedents of the Chippewas of Lake Huron and Simcoe and Mississauga’s and not under the authority of our Anishinabek Jurisdiction under Clan System. This Treaty was to settle our grievances involving the failure of payments return of lands in the Pre Confederation Treaties. This Treaty signed also involved a continuing fraudulent surrenders of lands as well as our hunting and harvesting rights within our territories.

 Fradulent Constitution Act 1982 and Section 25 of Charter of Human Rights was “patriated” by Prime Minister Trudeau a term coined by his cabinet. Patriation was the political process that allegedly led to Canadian sovereignty, culminating in 1982. Until that date, Canada was governed by a constitution composed of British laws that could be changed only by acts of the British parliament, albeit only with the consent of the Canadian government. The Fact though this was not ratified by the Canadian People; and by the inclusion of  the “notwithstanding” clause, totally negates it as a constitution. Canada is not a Country but a corporation owned by the global elite who are funneled profits from our resources by this corporation and illegal banking system that is also owned by international bankers.

Neo Colonial Self Termination:  Canada’s Self Government Policy where INAC Bands are negotiating Self Government Agreements to get out of the Indian Act adopting acts and agreements such as; First Nations Lands Management Act, Education Agreements, INAC Band Constitutions, Land Claims, Specific/Comprehensive Land Claims Process. Also the acceptance of Govt of Canada Court Cases and Decisions, Modern day treaties, Economic Resource Extraction Agreements are all being established illegally and in treason, complicity of genocide and fraudulently by factions of our own people who are agents of the crown as Indian Act Bands

Court Cases and Land Claim Settlements: Supreme Court of Canada decisions try to remedy injustices however they do not acknowledge the rule of law that Canada continues to breach. The supreme courts of both Canada and the USA ignore the rule of law and the corresponding sovereignty of the people by means of adopting “the rule of judicial discretion” as an alternative to legislated constitutional amendment ultimately making judicial decisions political and again illegal.

Correspondingly the constitutional law of Indigenous territorial sovereignty is ignored by the North American judiciary, as recently illustrated by the decision of the Supreme Court of Canada in the case of Tsilhqot’in Nation v. British Columbia, The Court held that section 35 of the Constitution Act, 1982, and its own recent decisions discussing that section, has vested in the non-native courts the jurisdiction to expropriate indigenous sovereignty in the public interest, as an alternative to a constitutional amendment.