Justin Trudeau’s Liberal government is seeking a judicial review of a ruling that ordered Canada to pay $40,000 to First Nations children who were taken from their homes on-reserve and put in care dating back to 2006.
The application was filed in Federal Court Friday. The Canadian Human Rights Tribunal found Canada guilty of willfully underfunding on-reserve child welfare and ordered each child be paid $40,000, a settlement that could amount to billions of dollars. Parents or guardians could also be eligible for payments.
The ruling followed the tribunal’s historic decision on Jan. 26, 2016 that first found Canada guilty of purposely discriminating against First Nations children. The government said in its appeal it wants the court to set aside the tribunal’s ruling for compensation or send it back to the tribunal to be reconsidered.
“Canada acknowledges the finding of systemic discrimination and does not oppose the general principle that compensation to First Nations individuals affected by a discriminatory funding model can be made in appropriate circumstances,” wrote Canada.
Cindy Blackstock says it’s another example of the government not owning up to its mistakes. “I think that is another sign that they are not accepting responsibility for their own behaviour,” said Blackstock, who is the executive director of the First Nations Child and Family Caring Society, which first launched the complaint at the tribunal more than a decade ago along with the Assembly of First Nations.
It took the Trudeau government more than two years to act on the tribunal’s initial order to increase funding. A recent APTN News investigation found that 48 Indigenous children–mostly First Nations–connected to Indigenous child welfare agencies in Ontario died during that time. In fact, over a five-year period between 2013-2017, 72 Indigenous kids connected to child welfare died in northern Ontario, where three Indigenous agencies covering most of the territory were underfunded by the federal government approximately $400 million in that same period.
The number of deaths jumps to 102 Indigenous children when looking at the entire province between 2013 to 2017. Read More: Death as Expected: Inside a child welfare system where 102 Indigenous kids died over 5 years ‘Wilfully and recklessly’: Human rights tribunal awards compensation for First Nation children in care “What they need to do is comply with the order, stop fighting us in court and do the right thing for these kids and their families,” said Blackstock.
Indigenous Services Minister Seamus O’Regan said the government wants the tribunal stayed until after the election. “The recent ruling from the Canadian Human Rights Tribunal is significant and raises important questions and considerations such as who is to be compensated and the role of the tribunal,” O’Regan said in a statement Friday. “In order to give us both clarity on the ruling and time to have these conversations with our partners, which are not possible during an election, we are seeking a judicial review and stay.
“We agree with many of the findings of the Canadian Human Rights Tribunal including the recognition of discrimination and mistreatment and the need for compensation,” he added. However, Blackstock questions why the feds are first asking for the tribunal’s order to be overturned. “Why even ask for that if you agree there should be compensation?” she said.
The Chiefs of Ontario, one of the interested parties in the proceedings at the tribunal, chastised the Liberals for the decision to appeal. “Canada says that it accepts there was discrimination against First Nations children and accepts that there should be compensation. But yet it also says this is not the appropriate forum to get that compensation,” said Grand Chief Joel Abram in a statement released Friday.
“Canada is saying we need to negotiate. We have been trying to negotiate about compensation for these children since 2016, and we never get responses. It is a frustrating situation, and meanwhile families are still waiting for justice.” Conservative leader Andrew Scheer has already said he wanted the order judicially reviewed, while both Green leader Elizabeth May and NDP leader Jagmeet Singh said they would honour the tribunal’s order.
The Temagami First Nation is located on Bear Island in the heart of Lake Temagami. The island is the second largest in Lake Temagami after Temagami Island. Its community is known as Bear Island 1. Temagami First Nation (TFN) members are status Indians under the Indian Act that live on and off Bear Island.
The Teme-Augama Anishnabai have utilized the Temagami region for over 9,000 years. Lake Temagami was free of glacial ice at about 12,150 cal B.P. There is scientific evidence that the Three Pines site, located at Sand Point on the hub of Lake Temagami near Bear Island, could have been occupied after 7,500 B.P
The Teme-Augama Anishnabai built homes on Bear Island in the 1880s in addition to homes on their own family lands. In 1943, Bear Island was purchased by the Department of Indian Affairs from the Province of Ontario, for the sum of $3,000.00, in order to be designated as a permanent reserve.
The Teme-Augama Anishnabai refused to accept Bear Island as a reserve until they were denied housing subsidy funds in 1968 until it was agreed, under duress, that Bear Island would become an official Reserve in accordance with the Indian Act of Canada.
Official reserve status was granted in 1971 and the establishment of the Band Office occurred shortly after in the former Department of Lands and Forests building which had been constructed in approximately 1903.
In 1973, Chief Gary Potts of the Temagami Indian Band registered a land caution against The Crown, in Ontario, to stop development on the traditional territory of 10,000 square kilometres, which had been appropriated as Crown land. The Attorney-General of Ontario pursued legal action against the Band for this caution. While the Teme-Augama Anishnabai lost this court case in 1984, the Band proceeded with an appeal to the Supreme Court of Canada where in 1991 it was adjudicated that the Crown had breached its fiduciary obligations to the Teme-Augama Anishnabai and adhered the Band to the 1850 Robinson Huron Treaty.
In 1988, the Ontario Minister of Natural Resources, Vince Kerrio, approved the expansion of the Red Squirrel logging road, directly through disputed territory. This prompted a series of roadblocks by the TAA in 1988-1989. Environmentalists and allies provided strong and continued public support.
In (Attorney General) v. Bear Island Foundation, [1984 ] , Ontario Court of Appeal 1989, Supreme Court of Canada 1991 there are major issues of Fraud.
The Union of Ontario Indians in this case intervened on behalf the Teme-Augama Anishnabai in doing so helped extinguish Teme-Augama Anishnabai Indigenous Title to their Territory.
This Case also justified the use of the Doctrine of Discovery. The Lawyers for the UOI and Teme-Augama Anishnabai did not include known evidence to back up their arguments such as Mohegan Indians v. Connecticut Order in Council (U.K) OF MARCH 1704, 1740, 1773 which orders any land disputes to be settled in a third party judiciary where Canada is not in a Conflict of Interest. A Constitutional Challenge was also not a position taken in this case in which Canada has no Constitution.
This Case set a precedent and is being used across Canada to extinguish Indigenous Title to other Territories of other Nations. This Case needs to be adressed for its major issues of Fraud. All those involved in this case on both sides are guilty of Fraud, Misprison of Treason and Complicity of Genocide via Constitutional and International law.
PAUL WILLIAMS was a Lawyer for the Union of Ontario Indians. This is a Magazine started in the 1980’s that he would write. In this magazine he wrote about Queen Anne’s Order in Council an Imperial Statute that requires any land disputes with Settler Govt and Indigenous need to be settled in an impartial third party judiciary. He knew this yet was a Lawyer for the UOI who was an intervener for the Bear Island Case where this case set a precedent to use Doctrine of Discovery despite this Rule of Law and is currently being used to extinguish Indigenous Lands, Title and Jurisdiction. He knew this Imperial Statute and was clearly writing about it but did not assert it in Bear Island Case. Lawyers for Chief Orgs such as the UOI are sellouts and not upholding the laws. What good is being educated in their system if you all SELLOUT?
Today the Union of Ontario Indians’ Restoration of Jurisdiction, it’s proposed Constitution, the Anishinabek Education System and individual Band Constitutions and First Nations Lands Management Act all fall under Canada’s Self Government Policy that further extinguishes our Inherent Rights, Title and Jurisdiction; demoting us as a 4th Level Government under Federal and Provincial jurisdiction under their fraudulent BNA Act/Constitution Act. Canada’s Bill C86 passed in December 2018 where for any issues that need community consent it is 25%+1 that means 5 people show up at a band meeting to vote on issues 3 ppl can decide or extinguish all and our future generations inherit rights
The Union of Ontario Indians is an Indian Act political organization representing 40 “First Nations” under Canada’s illegal Indian Act. The Union of Ontario Indians claims to be a secretariat for the “Anishinabek” Nation in which is incorporated under another Nations Law.
FOR IMMEDIATE RELEASE
Wednesday, August 21, 2019
INDIGENOUS ACTIVIST CHALLENGES CONSTITUTION IN ONTARIO COURT
(MIDLAND ON) An Indigenous Activist, John Hawke from Chimnissing Anishinabek Territory (Beausoleil First Nation) will bring forth a notice of a Constituional Question to an Ontario Provincial Court on Thursday August 22, 2019.
Hawke initiated a 5 week Blockade at the main entrance of Ontario’s Awenda Provincial Park on June 21, 2019 and was arrested on July 26 for allegedly uttering threats to the Park Warden. Hawke says he was only warning the Park Warden about issues surrounding the Ipperwash Inquiry where an unarmed Indigenous Activist was shot by Ontario Provincial Police and how Government Officials played a role in sending in force.
“ I was informing the Warden of the circumstances of how the Commanding Officer of the OPP at Ipperwash Incident and the officer who killed Dudley George coincindetaly died right before they were to testify at the Ipperwash Inquiry in which they would’ve pointed the finger at certain Government Officials. I was warning the Park Warden to be careful on orders he may be given by his superiors in regards to the blockade and our right to the land.” say Hawke
Hawke and 5 other Community members of Beausoleil First Nation in 2012 constructed a log cabin in the park next to a large granite rock known as Council Rock which has Clan Markings which is linked to the 1798 Penetanguishene Purchase Crown Treaty number 5. Hawke’s actions have been to oppose land claim settlements that extinguish Indigenous Title to his Clan’s Traditional Territory and to create awarneess of the outstanding issue involving the 1798 Penetanguishene Purchase where Chippewas of Lake Simcoe and Huron only surrendered lands in Penetang Harbor to the Crown. Awenda Provincial Park currently sits in the lands in question.
“In these Land Claim Settlement Agreements we are to purchase back stolen lands with our compensation in which there is much Crown lands that can be handed back over to us without purchasing which is our lands anyways.” Says Hawke
The position that Hawke is taking is one that has been very rarely used in the country. Other Indigneous Activists have used this argument and had their charges withdrawn due the position they have taken on unsurrendered Indian Lands. Hawke will not be addressing the charge but on Constitutional and International Law objects to the assumption of jurisdiction by the Ontario Provincial Court of Ontario, the Ontario Provincial Police and the Indian Act Beausoleil Band Council in usurpation of jurisdiction of the Chippewa Clans of the Amik Council Fire by bringing up a Constitutional Question.
Hawke relies on a number of evidence to support his objection such as Mohegan Indians v Connecticut 1704; Attorney General v Bear Island Foundation 1984, Canada a Country without a Constitution: A Factual examination of the Constitutional Problem Walter F Kuhl Member or Parliament Jasper-Edison 1935, and the 1798 Preconfederation Crown Treaty number 5.
For More Information Contact
Johnny Hawke 705 345- 2490 email@example.com
620 Awenda Park Rd
Amik Council Fire
705 529 5653
Beausoleil First Nation
Chief and Council
11 Ogema Miikaan
Christian Island, ON L9M 0A9
705 247 2120
Awenda Park Superintendent
620 Concession 18 East
Tiny On P.O Box 5004, L9M 2G2
705 549 2231
Monday July 8, 2019
Re: Amik Council Fire’s Intentions in Awenda Provincial Park
I am writing you today to formally make first contact and summarize the history and
intentions of the Anishinabek Sovereignty Encampments that have reoccupied
traditional territory of the Wendat and Chippewas of Lake Huron and Simcoe that
Ontario’s Awenda Provincial Park has been caring for and managing since 1975.
After the 1600 Beaver Wars between the Haudenosaunee, Wendat, Anishinabek
influenced by European colonists our Confederacy’s developed a series of peace and
alliance treaties through Wampum Belts. These Agreements known as the Dish with
One Spoon, Ojibway Friendship Belt, 1701 Great Peace of Montreal, Western Great
Lakes Confederacy Belt established an alliance and resolved territorial issues among
our Nations where 5 Anishinabek Council Fires were affirmed and acknowledged.
These Council Fires stretch from what is known today as the Credit River to Sault Ste
Marie where this area is one of those Council Fires known as the Amik Council Fire.
The 1795 Penetanguishene Purchase where the British Crown wanted access to
Georgian Bay petitioned 5 Clan Chiefs for use of Penetang Bay for military use. This
Agreement evident through oral history, historical documents and etchings on a large
granite rock located in the park inform that the lands in question including a plot of
land where the current CNCC and Waypoint were lands not to be ceded within Crown
Treaty Number 5.
Three members of Beausoleil First Nation who self identify and assert themselves by
their Clans have been occupying lands in the park have constructed a cabin and
hosted gatherings since 2012 and have not been removed by the Park. The current
encampment that has shut off access to the main entrance of the park is under the
same collective and is working with and taking direction from a Clan Mother, Elizabeth
Brass Elson who is working with 13 other Clan Mothers and a grassroots working
group of Beausoleil First Nation Members.
In Assertion of Anishinabek Title and Jurisdiction through our Clan System the One
Dish One Spoon Treaty, Ojibway Friendship Belt, 1701 Great Peace of Montreal, 1704
Queen Anne’s Constitutional Order regarding Mohegan Tribe vs Connecticut, 1763
Royal Proclamation, 1764 Niagara Covenant Chain Belt declare our intentions of
currently holding ground at our current encampment are to:
– Holding Ground and Creating a Respectable Presence in current Encampment
– Organize Family heads to reestablish Traditional Clan Governance System and Amik
– Provide Educational Workshops, Healing Circles, Gatherings and Ceremonies
– Establishing an immediate Working Relationship with the Park Authorities and
– Taking Steps to develop a Partnership Agreement between the Park, Province and
rightful Title Holders represented by the Amik Council Fire
– Construction of a Cultural Centre/Governance Lodge
– Transferring Title of Lands in question back to Amik Council Fire
– Organizing against Federal Policies and Land Claim Settlements that breach said
Fundamental Nation to Nation Agreements that are extinguishing our Inherit Rights
and Indigenous Title to our Traditional Territories.
We are asking that you respect our space of our current encampments and in the spirit
of such Nation to Nation agreements and reconciliation extend a hand out in peace to
work together to address such historic injustice and our intentions. We have
documentation and research of our position of the lands in question that has the
potential to open up an issue of a much larger scale regarding the validity of such
Pre Confederation Treaties.
Michael Swinwood a well established Lawyer devoted to Indigenous Sovereignty, Title
and Inherit Rights is now representing us and we have support from a growing number
of Indigenous and Settler Communities. We will contact Park Representatives when we
are ready to sit and discuss further steps.
In the Spirit of a Nation to Nation Relationship,
Kaikaikons, Amik Dodem
A reclamation of Traditional Anishinabe Territory of the Amik Council Fire last represented by Hereditary Clan Cheif’s Aisance, Chabondashea, Wabenenguan, Ningawson and Omassanahsqutawah that is currently occupied by Ontario’s Awenda Provincial Park.
Amik Council Fire is one of 5 Anishinabek Clan Council Fires that stretch from Bawating, Manitoulin Island, Penetanguishene, Lake Simcoe and Credit River acknowledged within the Ojibway and Haudenasaunee Alliance Wampum Belt.
The Penetanguishene Bay Purchase registered as Crown Treaty Number Five May 22, 1798 surrendered Anishinabek lands for military purposes around Penetang and Matchdash Bay but did not include Chief Aisance’s Clan’s Gardens and these Specific Lands explained by Elders of Beausoleil First Nation and demonstrated by Council Rock a marker on the lands in question.
This Reclamation is also a Statement to oppose the Williams Treaty Settlement Agreement where 7 Indian Act Band Councils surrendered Indigenous Title to 13 Million Acres of Traditional Clan Territories which they have no authority to do as title to territory belongs to the future generations. This action also serves as a space for a Grassroots Reemergence of Traditional Community Clan Governance to hold Indian Act Councils accountable and to organize and oppose Federal Policies and Self Government Agreements that are extinguishing our Inherit Rights.
All other Indigenous Land Defenders, Water Protectors and Allies Welcome. Need Support especially at night. Lets Organize our Resistance and Remergence
670 Awenda Park Rd, Tiny, ON L9M 2J2
Look for Signs and Flags
MORE INFO CONTACT
Johnny Hawke 705 529 5653
A Road Block into Ontario’s Awenda Provincial Park is in its 5th Day set up by lone Anishinabek Land Defender Johnny Hawke in opposition to surrender of Indignous Title to 13 Million Acres of Traditional Anishinabek Territory. Here is a Press Release issued on Fri, June 21, 2019. This is also a Callout for allies and other land defender to help johnny on the ground. Contact Johnny Hawke 705 529 5653.
FOR IMMEDIATE RELEASE Friday June 21, 2019
INDIGENOUS ACTIVIST BLOCKS ROAD INTO AN ONTARIO PROVINCIAL PARK
TINY TOWNSHIP- An Indigenous Rights Activist blocked a road leading into Ontario’s Awenda Provincial Park this morning as an act to educate and organize opposition against Federal Policies extinguishing Indigenous Title to Indigenous Nations Traditional Territories.
Anishinabek Nation Activist John Hawke a member of the Beausoleil First Nation located on Christian Island says he is using today’s National Indigenous Peoples Day and the Park as a platform to address grassroots concerns.
“This day is used to celebrate token aspects of culture like song and dance where Canada continues to terminate our Title and Rights and exploit the Land” says Hawke
Hawke was part of a group who set up a Cultural Camp and built a cabin in 2012 in Awenda Park to oppose Canada’s Specific Land Claim’s Policy and says his community has strong ties to the specific land in the park.
“The 1798 Penetanguishene Purchase involving the Crown and Hereditary Chiefs of the Chippewas of Lake Huron and Simcoe ceded lands around Penetang Bay for British Military use but the Treaty did not include lands the current park is situated on. Elders along with a large granite rock bolder at the park known as Council Rock has Hereditary Chiefs Clan and Crown Representatives etched markings that speak of this” says Hawke.
Beausoleil First Nation recently was part of seven other First Nations that received $1.1 billion
in the Williams Treaty Settlement Agreement regarding 100 year old grievances regarding hunting and fishing rights and 12 million acres of traditional Anishinabek territory in which Hawke feels the settlement breaches a fundamental Nation to Nation Relationship.
“ The 1764 Niagara Covenant Chain Belt a Crown to Indigenous Nations Treaty laid the foundation that any lands we share our Nations are to be compensated as long as the sun shines. The Williams Treaty Settlement Agreement is only a one time payment where Elected Leaders governed by the Indian Act surrendered Indigenous Title to 12 million acres which they have no authority to do. We also shouldn’t have to purchase back our lands where so much Crown lands needs to be handed back over to our Nation.” Explains Hawk
Hawke also states issue with Self Government Agreements First Nations are ratifying under Federal Policies.
“There are major issues regarding the fraudulent Canadian Constitution that needs to be addressed. The BNA Act and its 1982 Amendment is not a Constitution where all laws and agreements imposed on our Nations are invalid where both our Nations and Canadian citizens need to examine what this alleged constitution really is.” Says Hawke
Hawke hasn’t planned how long he intends to be blocking entry into the park but encourages allies and other First Nations community members to stop by and support and organize.
705 529 5653
Awenda Provincial Park, 670 Awenda Park Rd, Tiny, ON L9M 2J2