The collective mobilization of resistance that explodes across our Territories every so often eventually pacifies itself back into co-operating within the constructs of neo-colonialism where the populous engaged in the recent Wetsuwe’tin Solidarity Campaigns have now shifted into the “Stay The Fuck Home” Movement. This social conditioning is understandable for those influenced by group-think, fear, and the mass media entertainment propaganda machine but what is disheartening is Spiritual Leaders, Celebrity type Activists and Warriors who’ve become the face of Resistance are now following orders where the Resistance has become shockingly silent.
Where are our Movement Leaders? If we are not organizing as a collective to become self-sustainable and unified then we need to question what this pandemic actually is if we claim to be “woke.” I am not saying this virus is fake as the seasonal flu kills thousands each year and where bio-warfare has been waged on people by governments in the past but we need to question the fear that is being produced by the Government and Media. There are credible Scientists and Doctors sharing critical thoughts on this pandemic who are not being given a platform on corporate media and who are unattached to big pharma which is a huge red flag.
The Leaderships under the BIA and INAC system characteristically will continue to “hang-around-the-fort” propagating the oppressors narrative and go along with the government funded response to this pandemic in which they are only helping to turn our communities into sitting ducks. There is no community participation in discussing and making decisions that effect our lives which is taking a back seat as we are in “lock down.” There is no community meetings happening although many of our communities have the technology to make this happen. Many communities are in an election year which most are being postponed however it doesn’t matter who is elected in this system as it is only a tool to serve the on-going assimilation agenda’s.
We do need to protect our communities but there is a difference between being cautious and being careful. Being cautious is reactionary based on the emotion of fear which makes us unable to think clearly where we can be controlled easily where being careful is an action where we use our intelligence intelligently. We are a powerful and spiritual people where creator/creation gave us an intelligence where our spirituality is based on critical thinking to use our intelligence intelligently to put into action.
Critical Thinking has seemed to be under attack in the recent decade where our movements seemed to have become pacified or outright hijacked. The least likely place where critical thinking and free speech is being oppressed is by SJW’s cancel culture where a privileged white narrative is at the helm. This “cancel culture” is mostly made up of white fragile millennial’s who go to extremes to shame and oust people who do not think exactly as they do. In our communities due to effects of colonialism I’ve observed that a perspective does not become popular or considered legitimate until it comes from a white person in a position of influence.
The use of accusing others of Lateral Violence is something that is being misused that also needs to be addressed in the issue of a barrier to critical thinking. Those seeking accountability are often accused of lateral violence in an attempt to be silenced by those actual guilty of such behavior. There are also smear campaigns, false accusations in our movements where people play into taking sides without factual evidence and based on hearsay or opinion. These are all key factors why many won’t question things where it becomes unpopular to do so but fuck that shit; as who walks into struggle to become popular anyways? The reality however is our Movements and Spiritual Circles have become Fan Clubs and Popularity Contests and is hard for those to share critical thinking required in these times.
On the Spiritual aspect is recent responses I’ve seen from Spiritual People regarding this pandemic is that they’ve received messages through ceremony directly from Spirit and Creator. I do not discredit these messages but again only question. I question why these messages that come from another plane are so generic that all we need to do is be thankful and keep prayer and we’re in a time of change. There is no new ceremonies, medicines or dances being sent from Spirit for our protection but Spiritual leaders and Elder’s do continue to say “We must learn from our Past.” If we are to “learn from our past” then we need to acknowledge that bio-warfare was used on us to exterminate us and vaccines/sterilization imposed to lower our numbers. The Government, Military, Church and Police all engaged together in genocidal acts upon our people. Our Rights were taken away and we were given a Pass System to leave our Reserves so we can participate in society. Our history is not a Conspiracy Theory. Those who shame those of us who are justified in questioning what is going on should be the one’s considered the conspiracy theorists.
Those who serve in the military and police forces sadly will take orders which will only be a benefit to the “ruling class.” Those who served in the oppressors forces must use those skills to help mobilize in a resistance to benefit the people of what is coming. We have a choice to stand up and not be fearful. There is more of us as concerned People globally then there is of these global elites who only want to gain more profits from depopulation, quarantining and control, crashing economies, taking away our rights by bringing it all on through technocracy. Some Matrix and Skynet fiction is becoming reality very fast if there was every a time for a Resistance it is now.
(Below Dr and Scientist Shiva Ayyadurai who invented email at age 14 with credentials to the nine’s holds 4 degrees from MIT, a PHD in biological engineering who studies the immune system daily and unattached to big pharma and globalist elites share scientific/biological facts and critical thoughts on the fear being created for profits and control)
Let’s not compare our current actions with self defensive armed struggles within our past if we’re not prepared to first be armed ourselves. Blockades or even being Armed in Self Defence is not the Resistance but only tools of the Resistance as is the Sweatlodge, the Community Greenhouse and Food Cooperative.
The Black Panther Party for Self Defence was an Armed Vanguard for their Ppl and focused on delivering many social programming such as, Medical, Schools and Feed the People Programs to totally resist the System and be a Self Sustainable Organized Movement not dependent and in resistance to Govt programming.
In our teachings a Warrior is to provide for the people and is to eat last, there is nothing wrong with supporting our warriors or asking for help however today’s Warrior seems dependent at times on calling out for financial donations where those more “well known” are funded by NGO’s, Settler Allies to even Govt Grants and forget to empower or “feed” others who may not get the same attention and support like the Youth Suicide Crisis for instance. We tend to also create a celebrity out of “Activists” who then make careers off the Struggle where certain individuals and issues are given continued support over others which only creates divisions, sects, ego’s, popularity clubs preventing the empowering of creating more needed warriors and camps and a collective revolutionary organization.
As we organize we need to be careful not to recreate the loose Pan Indian Movements of the past to recent mobilization seen at Standing Rock and through Idle No More which opens us up to infiltration and is also limited to what we are trying to achieve and most times has issues of unaccountability. Organizing to make change starts first within our own families/clans and communities. An indigenous Nationalism type of Organization may be seen as Pan Indian however we had Confederacy’s among our Nations that were well organized.
Kwame Toure a Revolutionary talked about “the conscious and unconscious” in struggle and to know the difference between mobilization and being organized. I like to put it as, after the blockade, ceremony, march we go back to a way of life we say we’re against. Some even go back being employed to help keep us colonized. It seems every 7-10 yrs there is an individual cause that creates a national solidarity movement then it ends only to resurface to repeat itself. If we are sincere with our solidarity then we would commit to coming back into our communities to engage in revolutionary initiatives and remove ourselves from the “system” Fred Hampton of the Black Panthers spoke about the importance of being educated priot to Action. This is imperative as many give their blind allegiance to movements and people who look the part even to Hereditary Leaderships who are selling out and promoting things like Section 35 and UNDRIP and using the Supreme Court of Canada which all are based on the doctrine of discovery that put the Nation State as owner of the whole lands and jurisdiction over our Nations.
Not Tryna be a Hater but if we want to be Real than we got to speak some of these Realities. and I’m far from a FB Warrior as this is just one tool to be used just like the SACRED pIPE to the Gun in Self Defense. No Give Up!
When our People stand up against so called Canada to reclaim or in defense of our Territories it is not enough to just say these our lands but also to hold up their fictitious laws showing how they usurp our Jurisdiction as Clans and Nations under Tribal Law. We need to make constitutional challenges more often when we are charged under their law. The Revolutionist, Kwame Ture (Stockely Carmichael) said “Mobilization is temporary and based on reactionary emotions where Organization is Permanent.” This is key in learning from our past and current actions in our collective Resistance Movement where the majority of our People after the blockade, march, vigil, ceremony always go back to a way of life we say we’re against at these political powwow events. This critique may be harsh but when Hereditary Chief Namooks of the Wet’suwet’en; a Nation who has gained recent support in unity has been documented on APTN News as saying “We as Canadians, We as British Columbians, Our Judicial System” where activists and supporters shout slogans of UNDRIP and Section 35 are collectively putting the Indigenous and our lands under this fiction called Canada by doing so. The Unconscious need to be Conscious and know what you are standing under as in “under-standing”. Here is some inner-standing to help the unconscious become conscious.
The jurisdiction of Maritime Admiralty Law; The law of Water internationally governs commerce by chartered corporations (ships). This law was first implemented upon our continent as a Papal Bull in 1493 permitting the genocide of our Peoples and theft of our lands.
We never capitulated to any foreign or domestic Nations where Canada is attempting to do this by incorporating us under the same jurisdiction of the doctrine of discovery, the Indian Act and Section 35 through many “modern treaty” agreements.
We recognize the 1867 BNA Act was not a Constitution but an Act of the UK Parliament to unify four colonies as one; Whose only power was advising the Governor-General. Canada is not a legitimate Government.
We recognize the BNA ACT served as Letters Patent for a Governor General as Corporation Sole where jurisdiction over “Indians and Lands reserved for Indians” was fraudulently given to the Parliament of Canada breaching the 1764 Niagara Treaty. Canada’s Indian Act Bands are not the proper authority for our Nations and Confederacy’s.
We recognize that the UK’s Statutes Law Revision Act (1893) eliminated the succession rights of British Monarchs as the Monarch of Canada as was found in Section 2 of the BNA Act 1867. The Crown has no longer any authority in any agreements with our Nations.
We recognize the UK’s Statute of Westminster (1931) relinquished the Crown’s authority in its Dominions; As a result all lands ceded within Treaties between our Nations and the Crown reverted back to the Indigenous Nations and whereas all laws, courts, court decisions and agreements in the name of the Crown are null and void.
We recognize the Bank of Canada in 1974 was turned over to the International Monetary Fund and Private International Banks that print Canada’s money loaning it out at outrageous rates of compound interest to the Defacto Government of Canada. Canada’s Bank Act permits that these Banks do not require anything to back up it’s money. Stats Canada reported in 2006 that $160 Million per day goes towards interest owed to these Banks. This International Banking Scheme is fraud and counterfeit. Canada Financial Reports state $26 billion a year is made from our Natural Resources for their De facto Government where Canada has no Natural Resources and all profits created comes from the exploitation of our Territories. Ratifying Agreements that rely and utilize such Banks and acceptance of Canadian currency is complicit in this Fraud.
We recognize that the 1982 Constitution Act; the Charter of Rights and Freedoms is only the incorporation document for a maritime ship (corporation) and not a Constitution. Queen Elizabeth II was never Canada’s Head of State via the UK’s Statutes Law Revision Act and had no authority over the development of the Constitution Act 1982. The UOI asserts it’s ANGA to be under Section 35 of a fraudulent Constitution in which ratifying such an Agreement with a defacto Government is suicidal. Any Agreements between this defacto government and its subordinate Indian Bands have no legal standing.
“Our task is not to teach the people to be conscious but to make them conscious of their unconscious behaviour” Kwame Ture.
NORTH BAY ON – A Grassroots Collective representing Anishinabeg Clan Council Fires gathered outside the Union of Ontario Indians Head Office on Thursday February 6th to demand the scrap of the organizations Anishinabek Governance Agreement being made under Canada’s Self Government Policy.
They are not happy with the agreement that is to be voted on this month and wanted to bring their concerns, but when they showed up for their meeting, they say they were denied.
Organizer Johnny Hawk says they were set to meet with the Grand Council Chief, but got the runaround, even after confirming with multiple emails and locked out of the Head Office.
“This week, I got five emails already that confirmed for us to meet. So they just reneged on our meeting and this is a red flag for what the future holds under the Self Government Agreement, if our people can’t even talk and meet. We’ve even extended to meet through ceremony and by our pipes” said Hawke.
Former Assembly of First Nation Grand Chief and of the Union of Ontario Indians, Del Riley of Chippewa of the Thames who was influential in incorporating Section 35 Aboriginal Rights in the Constitution Act 1982 was in attendance and fully opposes the organization and the agreement.
Organizer Johnny Hawke says they want to put a stop to the self-governing agreement because he feels it extinguishes underlying title of Indigenous territories and puts us under the jurisdiction of Canada.
“It is also not reflective of meaningful working relationships with the people, and the denial of this meeting exemplifies that perfectly.” says Hawke
Hawke from the Beausoleil First Nation also says his community does not have the required ratified Constitution to participate where he says his community should not even be participating in a vote.
“What the Indian Act Council is doing in my community is not listening to its people on many issues which is the case in many First Nations. No proper ratified documents are being used which may be issues of fraud where we feel Canada is pushing this Agreement to finally extinguish who we are as a Nation.” says Hawke
“We’ve never capitulated under any foreign or domestic jurisdiction where Canada and the Union of Ontario Indians are doing that by incorporating us under the same law as the doctrine of discovery.” explains Hawke.
Only 15 First Nations of the 39 Communities the Union of Ontario Indians advocates for are participating. Hawke is also concerned with the UOI’s negotiating teams.
“Martin Bayer, lead negotiator for the UOI on this agreement is linked to mining companies and is concerning where mining companies want full access to our lands. This agreement is an empty contract and same old historical tricks” says Hawke
(Dish With One Spoon Territory) A Grassroots Collective representing the Anishinabeg Clan Council Fires recognized by the Anishinaabeg and Haudenasaunee Wampum Belt Treaties and PreConfederation Treaties with the Crown will be meeting with Grand Council Chief of Union of Ontario Indians at its Head Office on Thursday February 6th to demand the scrap the Anishinabek Governance Agreement.
“We acknowledge only 15 communities remain in this ratification process and feel UOI has lost touch with our People and feel they do not represent us as true Anishinabe under our own laws, the Clan System which is our Constitution.” Says Johnny Hawke one of the Groups Organizer’s
“We never capitulated to any foreign or domestic Nations where Canada and the Union of Ontario Indians are attempting to do this by incorporating us under the same jurisdiction of the doctrine of discovery, the Indian Act and Section 35 through this agreement” – Says Hawke
The Group is comprised of the North Shore Cannabis Association, Robinson Huron Treaty Hunters and Elders and Community Organizers and members the Union of Ontario Indians claim to represent who have agreed to meet at their head office to hear these concerns.
“We extended and offer to smoke pipe with our Clan Heads and Elders in which UOI declined to smoke pipe with us the People at the meeting. This demonstrates a red flag on how they connect with the people where they as an organization are trying to be the head Government for our People.” Says Hawke
This is critical information for Anishinaabe nationals to know in considering the state of the ANGA (Anishinabek Nation Governance Agreement) – do you know who the negotiator is? Is the intention behind the ANGA whether conscious or not, really about the people’s interests? OR, is it about clearing off the underlying title of the land for the benefit of mines and resource development interests?
(See for example: ” ‘Despite over a decade of talk and more than $20 million invested, real progress on the Ring of Fire has been met with delay after delay,’ Rickford said in a statement. ‘That’s why Ontario is taking a new, pragmatic approach to unlocking the Ring of Fire’s potential, one that includes working directly with willing First Nation partners.’ The region … holds one of the world’s richest deposits of chromite … as well as nickel, copper and platinum, valued at anywhere from $30 billion to $60 billion.” Shawn Jeffords, The Canadian Press, “Ontario government rips up Ring of Fire agreement with First Nations to pursue individual deals.” posted August 27, 2019 1:16 pm)
There was a panel held on January 28 by the Union of Ontario Indians promoting its ANGA (Anishinabek Nation Governance Agreement).
It was revealed there that R. Martin Bayer, a lawyer at the Ontario law firm Weaver Simmons LLP, is the negotiator. The law firm still lists him as an active lawyer, so it can be presumed that he has been billing legal fee rates for his services on the ANGA. (Lawyers in general typically charge hundreds of dollars per billable hour where a minimal .2 hour is recorded for everything done on a file, even if it’s only that a thought turns to the client, say, while in the bathroom.) But that’s minor in the scheme of things – read on. Bayer is a member of the Canadian Aboriginal Minerals Association and of the Prospectors and Developers Association of Canada (PDAC). “The PDAC is one of the world’s most respected and successful mineral industry associations. With more than 7,500 members, it is committed to furthering and supporting the mineral exploration and development industry and the people and companies working in it.”
Bayer is also a Laurentian University Goodman School of Mines Advisory Committee member. Also according to the law firm, Bayer took this course in 2015: Course Detail: CERTABLAW – The Osgoode Certificate in Foundations in Aboriginal Law (this course no longer has sessions scheduled) Note, that was a day or few days course and not a term like at law school. For example, on March 3, 2020 to March 7, 2020, Osgoode Professional Development Centre offers a certificate session, Course Detail: CERTIDLAW – The Osgoode Certificate in Fundamentals of Indigenous Peoples and Canadian Law.
Bayer also took this 4-day course in 2014: Course Detail: CERTNEG – The Osgoode Certificate in Negotiation, next offered November 23, 2020 to November 27, 2020, Osgoode Professional Development Centre. In 2012, the firm says, Bayer took the course, The Osgoode Certificate in Mining Law. “Weaver, Simmons LLP is the largest law firm in Northern Ontario. For over 85 years we have proudly served northern interests … At Weaver, Simmons LLP, over 30 full-time lawyers practice in the areas of … corporate, commercial, real estate, aboriginal law, mining and natural resources, …” This is a very politically well connected law firm, as the King’s Counsel and Queen’s Counsel designations show:
“Since 1929, Weaver, Simmons LLP has been supporting the North. Founded in 1929, the firm was originally named McKessock, Wilkins and Facer. In 1946, Cecil Facer continued the office with a new partner, William Shea. Facer was awarded King’s Counsel in 1945 … One of the first female lawyers and believed to be the first female partner, was Mary Patricia Weaver. Ms. Weaver came to Sudbury in the 1950s … . She … joined Facer Shea as an associate in 1962. Ms. Weaver practiced in corporate and real estate law and was awarded the honourary title of Queen’s Counsel.” In the law firm’s Mining and Natural Resources law practice, R. Martin Bayer is listed with Queen’s Counsel (appointed in 1982) James C. Simmons, Q.C., ASM.
Simmons is a Director of Mirarco Mining Innovation, which holds that “We are the innovative research partner of choice for mining and related industries.” Where do the loyalties actually lie? Is it any wonder the ANGA ended up structured as it is? (See YouTube channel Switlo: Sheds the Light episode “The ANGA Special” and the episodes that follow: https://www.youtube.com/watch?v=XlYSXX4xzDQ
Mines, other resources industries, I don’t think I need to spell it out how those corporate interests are at odds with the interests of Indigenous nationals. This doesn’t mean no deals can be done but consider the significant difference between having to deal with an Indigenous nation carrying full economic sovereignty and continuing to own the land and resources (subject only to any permissions of use granted to the Crown by treaty) and only needing to “consult and accommodate” a domestic ethnic minority “group” under sec 35 doctrine. BIG difference in terms of the cost of doing business, if allowed to. And remember, aboriginal law is domestic Canadian law – hence the title of that course above mentioned that is offered in March. People might want to ask R. Martin Bayer some questions about this? Here is his publicly available email: email@example.com
Popularity Contests, Red Privileged, Social Capital, Activism Careerists, Celebrity Activism, are just some terms being used to define the frustrations of those within our grassroots circles who feel their voices are not being heard or valued when attempting to seek accountability. Yes even the circles we think are to be representative of humility and spirituality have hierarchy, positions of privilege and same toxicity we find with Government Indian Structures.
This rant is an attempt to stir the pot and create a dialogue as a result of some things that have spilled out on to social media recently and periodically when those of us on the bottom of the societal ladder are denied accountability from those on top and have to call things out publicly. While not to name names I only intend to create an awareness on the issue as we need to start a dialogue to help us unlearn such colonial behaviors controlling and hijacking our movements growth.
There has always been an attempt to neutralize our movement by the invader in which there will always be divisiveness within our grassroots organizing where we can guarantee colonial agent tactics will always be at play however; learned colonial behaviors has made it so that agents are not always needed to infiltrate such movements. Those leading our communities and movements and those put up on pedestals most times unknowingly do the job of the colonizer or are so programmed that they manipulate our values and teachings in such a way that pacifies the spirit of resistance which is even more dangerous then the agent as they are major “influencers” to our people.
In this social media era Facebook has become predominantly a tool that is used to organize our movements and to create awareness and mobilize the people as witnessed in the #IdleNoMore campaign that birthed a new generation of activist and organizing style; With this studies show that social media has been creating a type of mental disorder referred to as narcissism which is bleeding over into our movements. Social Media has created issues that intensifies ego and self gratification of instant activist credibility in our movements. This is akin to those who do not always know popular “fly by night healers” and give their trust up to them because they play the part but eventually end up getting hurt.
Social media has also created a sense of “slacktivism” and “virtue signaling” in which posting a hashtag or engaging in activist tourism; touring a camp for selfies gives one social capital and an image of being involved but only fills one’s ego at times. It’s easier to partake in social justice by posting a hashtag a selfie or showing support by saying you donated to a cause.
How often does the Youth Suicide Crisis get the same support and financial donations as some of these Celebrity Activist who are always visible on Social media popping up all over Turtle Island each week or constantly asking the people for financial help while sitting on healthy grants? Warriors are to provide and eat last no? Some have made pretty good careers off the back of our impoverished people donating to the cause. Go Fund Me Sovereignty is an oxymoron that has come to help define these “Warriors” with their perpetual handout. We need to be self sufficient not only in talk but practice and live it if we are to preach it to others no?
What is Social Capital? Social capital is defined by the value of your social networks. It informs the opportunities and resources you have access to, including who you know and what opportunities you can access. Social Capital is not always afforded to those on the bottom of the social totem pole where Popularity Clubs arise as a result. Those more visible and popular exploit their privilege to attain more resources not afforded to those in poverty and less popular just as in the capitalist world.
These Popularity Clubs and Movement Celebrities with their Fan Clubs enjoy the privilege to silence those who seek accountability and in turn discredit those with valid concerns who are not as popular. Many of us “nobody’s” have these stories.
Resistance Incorporated? We are now seeing those profiting off our collective movement and becoming a form of capitalist and benefiting individually or for their own individual cause and forgetting about the collective fight. Social capital should always be used to uplift folks not because we feel guilty, but because the work of liberation and genuine love for our fellow comrades involves reworking societal norms.
Support and Attention also needs to be redistributed to other individuals and causes if one is seeming to constantly benefit from support and donations of the people. Merchandise I noticed also is creating a BRAND for individuals and individual causes and I feel some activists are blurring the lines of BRANDS and an Authentic Movement.
Government Funding through Social Service Organizations and Programs also is a tool being used to pacify and hijack our movement. We need to be vigilant that Social Services Orgs and Programs are not in the business of social change but to perpetuate the status quo with the illusion that they are creating change. Social Service Organizations and Programs are implemented to create dependency on the System we are fighting the same System that creates much of our social ills. Being Funded by Governments and NGO’s compromises the integrity of our grassroots movements.
Many of us do have imperfections and myself do struggle also at times and take responsibility for any of my bullshit to be accountable whereas others however choose not to even address their own toxicity and hide behind their fan base. It is only by reemergence of our clan/family council fires within our communities where we can find true accountability when we need to call out certain concerns. Pan Indian Movements prevent this where anybody can come and go and where anybody can be uplifted without fully knowing who they are.
It is from my vision the we invoke and what I am working on to relight our CLAN COUNCIL FIRES in our own communities. This is where “call out culture” needs seek accountability rather then online but most times we need to do this publicly as those who hide behind their groupies are not being held accountable. Medicine and Warrior Societies and Grassroots Movements are not exempt from same colonial behaviors we see in the Band Office or Tribal Government Office.
The Indigenous Resistance Movement it seems is now a Fad and big business created by the Pan Indianism and Social Media that hijacked the true essence of our long history or resistance. We can see the same attack waged on Hip Hop Culture which started out as the voice of the grassroots and is now Celebrity Puppets controlled by the industry. Many activist and camps and groups who claim sovereignty also have side accounts where they get thousands of donations from private funders.
One of the biggest pieces of understanding social capital is that you may, at times, be unaware that you have it. Being unaware of your social capital may result in hierarchies in organizations that you may not notice.
The goal is to always step back and listen to folks who may be dealing with the harsh end of these hierarchies and uplift those in ways that are progressive to the work being done.
If you see yourself becoming the focus of a movement and you know folks who haven’t been given an opportunity to do an interview, facilitate a workshop, or organize a community meeting maybe it’s time to step back and allow others to be placed into that role.
If this hit a nerve and you consider me wrong well fine. I am just another everyday nobody not a part of the Popularity Clubs so this rant shouldnt matter to you and your cool kids club
(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
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 allieswhereas 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.
A 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.
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)
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.
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
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.
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
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.
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.
For 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.
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?
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.
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
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
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)
Peter S. Schmalz. The Ojibwa of Southern Ontario. (Toronto, University of Toronto Press, 1991), p. 126.
R. Surtees Indian and Northern Affairs Canada (1984) Indian Land Surrenders in Ontario 1763-1867
Peter S. Schmalz. The Ojibwa of Southern Ontario. (Toronto, University of Toronto Press, 1991), p. 126.
R. Surtees Indian and Northern Affairs Canada (1984) Indian Land Surrenders in Ontario 1763-1867
Indian Treaties and Surrenders: From 1680 to 1890 Vol. I pg. 16-17
Ibid. map inserted between p. 26 and p.27
A History of Christian Island and the Beausoleil Band, University of Western Ontario, (1990) Volume III pg. 22 (Interview with Doris Fisher, April 1989)
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
Indian Treaties and Surrenders: From 1680-1890, p. 15
A History of Christian Island and the Beausoleil Band, London On: Department of History, University of Western Ontario, (1990) Volume III pg. 26
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)
Morin, Jean-Pierre, “Concepts of Extinguishment in the Upper Canada Land Surrender Treaties, 1764–1862” (2010).
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)
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
Indian Treaties and Surrenders: From 1680-1890, p. 15
R. v. Sundown, 1999 CanLII 673 (SCC),  1 S.C.R. 393, at para. 24; R. v. Badger, 1996 CanLII 236 (SCC),  1 S.C.R. 771, at para. 78; R. v. Sioui, 1990 CanLII 103 (SCC),  1 S.C.R. 1025, at p. 1043; Simon v. The Queen, 1985 CanLII 11 (SCC),  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.
Canada: A Country without a Constitution, A Factual Examination of the Constitutional Problem. Walter F Kuhl (1977)
Exerpt from HIDDEN FROM HISTORY: The Canadian Holocaust
Published by The Truth Commission into Genocide in Canada, a public investigative body continuing the work of previous Tribunals into native residential schools:
The Justice in the Valley Coalition’s Inquiry into Crimes Against Aboriginal People, convened in Port Alberni, British Columbia on December 9, 1994, and The International Human Rights Association of American Minorities Tribunal into Canadian Residential Schools, held in Vancouver from June 12-14, 1998.
APPENDIX VI: Evidence of ongoing crimes against aboriginal children in British Columbia, including institutionalized pedophilia
In early November, 2000, the shocking appointment of Edward John, a suspected agent in the west coast child sex trade, to the BC provincial cabinet as Minister for Child and Family Services brought to light the extent of official protection for pedophiles in public office, and the systemic nature of this crime.
Termed “institutionalized pedophilia” by BC Supreme Court Justice Douglas Hogarth in his 1995 sentencing of Alberni residential school sex criminal Arthur Plint, the system to provide native children for sexual and sadistic purposes to powerful figures did not end with the closing of the last BC Indian residential school in 1984. Rather, it has become more covert and shielded from scrutiny by its operation through Indian reserves under the auspices of particular aboriginal leaders who apparently enjoy special protection from the federal government and senior judges in BC.
The first documented evidence of this native pedophile system appeared in April, 1994 when a native lawyer in Vancouver, Renate Auger, filed a writ in the BC Supreme Court which charged judges, lawyers, and officials of the Law Society with criminal acts including aiding and protecting pedophiles. Auger and her own lawyer, Jack Cram, claimed to have photographic evidence that at least two Supreme Court judges were engaged in pedophilia and were using their office to shelter other pedophiles who were preying on native children. Auger separately named the prestigious Vancouver Club as a major site for this criminal behaviour. (see Documents, Writ of Renate Auger dated 6 April, 1994, No. C941542).
Auger’s case was dismissed and she was quickly disbarred from the legal profession without any explanation or due process. While attempting to defend her, Renate’s lawyer, Jack Cram, was dragged from court by sheriffs, sedated against his will, and confined in a psychiatric hospital for over a week, during which time his office was ransacked and the evidence of judicial involvement in pedophilia disappeared. According to his former law partner, Elayne Crompton, “Jack was stomped on big time because he had the proof that could put away Supreme Court judges, and the powerful men they protect. This goes to the highest levels of power.” (Statement to Kevin Annett, Langley, BC, September 12, 1998)
Both Renate Auger and Jack Cram subsequently fled Vancouver under death threats, and they now live in hiding, respectively, in Saskatchewan and Princeton, British Columbia.
Separate accounts of a Vancouver Club-based native pedophile ring surfaced at the same time as Renate’s attempted lawsuit, in connection to the first public inquiry into Indian residential schools, in the fall of 1994 in Port Alberni, BC.
Justice in the Valley, a multi-racial coalition that organized this inquiry, documented for the first time testimonies of native survivors of the United Church residential school in Port Alberni during the latter part of 1994. In so doing, this coalition stumbled across evidence that present-day officials of the Nuu-Chah-Nulth Tribal Council are engaged with associates of Chief Edward John in drug trafficking on west coast Indian reserves, and in supplying native children to influential pedophiles at the aforementioned Vancouver Club.
According to two women elders of the local Tseshaht band, who gave their testimonies to members of the Justice in the Valley coalition on December 12, 1994, Edward John and Nuu-Chah-Nulth Tribal Council officers Ron Hamilton and Charlie Thompson have continually embezzled money from the Union of BC Indian Chiefs and the federal Department of Indian Affairs to finance an extensive drug trafficking and pedophile network.
“These Tribal Council guys are just like the mafia. They have a hell of a lot of protection from the RCMP and some pretty high-up judges. They deal the overseas narcotics that come in through the coastal reserves, and they use the same system to provide local kids for sex in Vancouver and Victoria. Our own Tseshaht band council chairman is a convicted child abuser who just got out of prison this year, but he resumed his position right away even though Indian Affairs regulations say that convicted felons aren’t allowed to serve on a band council. The government’s just looking the other way and letting these crooks run our reserves. We all live in terror of them because they can do whatever they want and no-one will ever touch them, even when they’re pimping our children to rich assholes at the Vancouver Club.” (Statement of “Sarah” to Kevin Annett and Krista Lynn, December 12, 1994, Port Alberni)
It isn’t only the government that “looks the other way” when it comes to pedophilia among native leaders. John Mayba, a non-native employee of the Nuu- Chah-Nulth Tribal Council’s child welfare department in Port Alberni, stated to his minister, Reverend Kevin Annett, in June of 1994,
“I never investigate allegations of sexual abuse when they point to chiefs or their families. Nobody wants to step on their toes. I’d lose my job if I ever checked out those complaints against the chiefs, and there are a lot of them.”
Nearly identical accounts of links between these very native officials and the Vancouver Club were shared by separate eyewitnesses during and after the Tribunal of the International Human Rights Association of American Minorities (IHRAAM) in June, 1998 in Vancouver. Frank Martin and Helen Michel, Harriett Nahanee, and four other aboriginal eyewitnesses corroborated the testimony of the Tseshaht elders to Tribunal judges, and provided even more details of the pedophile network.
Nahanee, who lives on the Squamish Indian Reserve in North Vancouver, told
members of a downtown healing circle in September, 1998,
“I saw two children down the road put into a white stretch limosine one night last week. My son
followed it and it took them to the back door of the Vancouver Club. The girl was ten and the boy was maybe eight. They were well-dressed and had make-up on, like they were made to look older.”
According to Nahanee, an aboriginal reporter named Noel had obtained interviews with some of the children who left the Vancouver Club at about three a.m. “sometime in the fall of 1997”, but within minutes he was overpowered by unknown assailants and his tape recorder was stolen.
As described earlier in this report, these aboriginal testimonies have also been attested to by non-native journalists and investigators. One of them, Leo Knight, was a reporter with The North Shore News and works as a private investigator. He told Kevin Annett in April, 1999,
“All I can say is that you are definitely on the right track. This kiddy sex ring involves top judges and other people you wouldn’t believe if I told you all their names. But I’m not going to because I don’t want to get killed.”
Frank Martin, a member of Ed John’s Carrier-Sekani Tribal Council, gave IHRAAM investigators the following statement in a closed videotaped interview on July 16, 1998 in Vancouver:
“Eddie John sponsors drug trafficking on northern reserves using Treaty Commission and Indian Affairs money. He’s the power up there. The only way for multinational corporations to make land deals is through him. But for Ed John to keep power he needs to manipulate drugs and the cops. He’s forced our family to surrender their trap lines to his family so that he could log off the land for his own timber company. Ed John even arranged to have my wife Helen’s cousin suffocated to get his trap line.
“When Helen and I complained about it, and about Ed John taking away our housing and giving it to his own relatives, at his Tribal Council meeting in Prince George in 1994, his private goon squad roughed us up. Eight of them surrounded our car and started beating us up. Cops like Jack Lasert of the RCMP just looked the other way and wouldn’t let us press charges.They were all working for Ed John.
“He’s behind the disappearance of ten virgin girls from Moricetown. They were brought down for prostitution to two houses in Seattle and Vancouver. Helen’s own nephew Phillip was kidnapped in the Alcan area and used in that pedophile ring. The Vancouver Club uses mostly little boys, since a majority of our leaders are faggots. Men like Edwin Newman and Cecil Reid from Bella Bella; they’re all pedophiles, and they all work for Ed John.”
Ed John’s political power is attested to by the legal counsel who act for him, like federal lawyer and APEC Inquiry legal counsel Marvin Storrow.
After an article reporting the allegations against John appeared in a small newspaper in Quesnel, BC in September, 1999, Marvin Storrow of Blake, Cassels and Graydon Law firm of Vancouver wrote to the newspaper and the article’s author, Kevin Annett, and threatened a lawsuit against them unless the story was retracted. Neither the newspaper, The Radical, nor Kevin Annett retracted the story, since it was based on public testimony. Annett demanded in writing that Storrow “cease from impeding a public inquiry into pedophilia in British Columbia”. Storrow then never followed through on his threat to sue on behalf of John.
The same Edward John, an unelected private citizen, was appointed by Premier Ujjal Dosanjh to the BC provincial cabinet as Minister for Child and Family Services on November 3, 2000, despite this evidence of John’s involvement in pedophilia and other crimes – evidence which Premier Dosanjh was well aware of when he appointed John. For both Dosanjh, as former Attorney-General for BC, and Ed John were subpoenaed by the IHRAAM Tribunal on May 22, 1998 to answer charges of crimes against native people, and both men refused to obey this U.N. Summons. When asked in writing to investigate the allegations against Ed John by the IHRAAM Tribunal on June 20, 1998, Dosanjh refused to launch such an inquiry into Ed John and the growing evidence of native-run pedophile rings in BC.
Dosanjh’s protection of a suspected agent in pedophilia, and his elevating him to the cabinet portfolio for children (!), seems to be a standard practice within Dosanjh’s former Ministry of the Attorney-General. Doug Stead, founder of Entrepreneurs Against Pedophiles, began to investigate the judicial and political protection offered known pedophiles in BC in 1994. Stead established that the BC Attorney-General’s Office under Ujjal Dosanjh continually and openly exonerated notorious pedophiles, like John Robin Sharpe, who publicly advocates legalizing child pornography, and Dr. William Gossich, who was charged with twenty-two counts of sexually molesting children in 1994 and yet never prosecuted.
“Gossich got off on the recommendation of a special prosecutor appointed by Attorney-General Dosanjh, Peter Leask. But Leask had just served as the defense lawyer for William Benest, a convicted pedophile. So we weren’t surprised when Leask exonerated Gossich.” (Statement of Doug Stead to Kevin Annett, New Westminster, BC, February 14, 1999).
In addition, the judge in the Gossich case, Justice William Esson, was accused by several Vancouver-area newspapers of “protecting” Gossich during his trial when Esson banned reporting of the case and allowed the facts of the twenty-two separate charges against him to remain concealed. Justice Esson was one of the judges named in Renate Auger’s lawsuit of the same year as a suspected accomplice in a Vancouver pedophile ring. (see The Province and The Vancouver Sun, Feb. 11, 1994, and The Royal City Record, Oct. 26, 1994).
Under revisions to the legal principles governing the International Criminal Court of the United Nations, crimes of sexual violence, rape, and pedophilia are now considered to constitute Crimes Against Humanity. These very crimes are continuing to be perpetrated in British Columbia at the highest levels of power, with informal protection from politicians, judges, police, and officials of churches and aboriginal organizations. And since, in classic colonial fashion, it is the Attorney-General’s office, and thereby the executive branch of the provincial government, which is responsible for laying criminal charges in British Columbia, instead of the police themselves, it is unlikely that the very department which is aiding and abetting pedophilia will investigate or prosecute itself, or those wealthy criminals it is protecting.
As in any closed society, justice in Canada must be imposed from without.