The Link Here is JOHN HAWKE – Contistutional Challenge DEC 4 the Hard Copy of my ConstitutionalQuestion I brought forward to an Ontario Court on Dec 9th 2020 regarding to a 5 week Blockade I set up in 2019 on disputed lands (Ontario Awenda’s Provincial Park) and was removed on fabricated charges of uttering threats. Will Post a follow up Video of what happened at this trial and next steps.
The 1798 Penetanguishene Purchase, Crown Treaty 5 is a complex issue where the lands it involves are fused with the 1815 Crown Treaty 16, the Lakes Simcoe and Lakes Huron Purchase. The 50,000 Acres allegedly ceded in regards to Crown Treaty 5, the Penetanguishene Purchase were consolidated and surrendered by the 1815 Crown Treaty 16 where 250,000 acres were ceded. This is how those 50,000 acres were unlawfully ceded. Slight of hand. This was the basis of a claim submitted by the Chippewa Tri Council (Beausoleil, Rama and Georgina Island First Nations) in 1986 and 1990 to Canada’s Specific Claims Branch but was rejected by Canada.
Elders and Leaderships who’ve passed on throughout the generations from Beausoleil First Nation along with descendants of Chief Aisance, a signatory of the 1798 Penetanguishene Harbour Purchase have always claimed the agreement was only for Penetanguishene Harbor.
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 harbor of Penetanguishene. 1
“Keewaycamekeishcan: who used the Otter totem as his mark, meaning “He went in place of somebody.” This man likely signed the tentative agreement in the absence of one of the chiefs. 2
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.
Band Members also speak on traditional hunting grounds south of Nottawasaga Bay in lands covered by the 1815 Lakes Simcoe-Huron Purchase, (Crown Treaty No. 16). 3 It is 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. 4 The description of the ceded territory was vague.5 The maps accompanying the treaty demonstrated the extent to which the surveyors were unfamiliar with the area. 6
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. He asserted that the government should purchase these lands in this vicintiy not only to open up a road but also to open it up for settlement. 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. 7
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.8
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.” 9
In November 1814 a military road was finished stretching from Kempenfelt Bay on Lake Simcoe to Penetanguishene, and in 1815 a blockhouse was built at that harbor. 10 After the war ended the government redirected its attention to obtaining a cession of lands north of Lake Simcoe. 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 11, The Lakes simcoe- Lake Huron Purchase, Crown Treaty No. 16
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 lands in and around Penetanguishene. 12
These bands also acted together in September 1850 when W.B Robinson, chosen by the executive Council to negotiate the cession to the crown of the lands on the north shores of Lakes Superior and Huron, 13 did not include them in the negotiating or signing of a treaty concerning bordering on Lake Huron. Chiefs Assance, Snake and Yellowhead met with Robinson one week after the Robinson Treaty had been signed and they asserted that a tract of land on lake Huron between Penetanguishene and the Severn River belonged to them and had never been ceded to the Crown. Robinson later recorded: “Should it appear that these Chiefs have any claim I think I could get their surrender of it for a small amount.” 14
The 2018 Williams Treaties Settlement Agreement attempted to resolve such injustices in the 1923 Williams Treaty where harvesting rights were unlawfully surrendered and where there was no proper compensation for the surrender of northern hunting grounds (13 Million Acres separate from the lands in the pre-confederation treaties) The inclusion of the complex issues of these Pre-Confederation Treaties should’ve remained as separate claims as this settlement agreement consolidated such issues with the intent to extinguish the Indigenous Title to such lands for Canada’s benefit.
The 2018 Williams Treaties Settlement Agreement was a repeat of history of the 1798 Penetanguishene Purchase Treaties and 1923 Williams Treaty. The 1923 Williams Treaty and 2018 Settlement Agreement is not a Treaty as there are no annuities for traditional territories being occupied, no rights to education and health care exemplified in the numbered treaties Canada has with other First Nations and provision to remove Canada’s assumption of jurisdiction imposed by the 1867 BNA Act and 1982 Constitution Act.
Queen Anne’s Order in Council an Imperial Statute (Constitutional Law) 1704, 1740, 1773 as a result of Mohegan vs Connecticut recognizes the Sovereignty of the Indigenous Nations of North America whereas any disputes between Settler Governments and the Indigneous are to be settled in an impartial third party court which was created and never disbanded. The Royal Proclamation 1763 a constitutional document of Canada recognizes the “several Nations or Tribes of Indians, with whom We are connected”. 15in which was integrated with the 1764 Niagara Covenant Chain Belt Treaty that recognizes the Sovereignty and Jurisdiction of the Crowns Indigenous Allies. This rule of law exemplifies that Clan Territories of a Tribe and Nation where Indigenous Title can not be extinguished by the Indian Act Elected Band Council’s which are entities created by Canada. First Nations Band Councils are not a Clan, Tribe or Nation and have no lawful authority to represent our peoples and lands.
In a supreme court ruling in the Nowegijick case it states 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.”16
The Ojibway may not have fully understood that the cessions meant the full surrender of all lands and rights. According to Donald B. Smith in his research in his book The Dispossession of the Mississauga Indians: a Missing Chapter in the Early History of Upper Canada shares “they had no concept of such a surrender, and they were assured that they could ‘encamp and fish where they pleased.” 17
There is debate as to whether our ancestor signatories understood the full meaning of the Upper Canada Land Surrender treaties. Robert Surtees postulated that those who agreed to sell their lands to the Crown during the late eighteenth century did not understand that the treaties represented the complete abandonment of their rights over the lands in question18
The terms and language found in the texts must be tempered by a close examination of what the parties understood them to mean, of the historical context of the period, and of the intent of the agreements. Specifically, the issue of “hunting” or “hunting grounds” is one of considerable interest. 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?
Indian Treaties and Surrenders: From 1680 to 1890 Vol. I pg. 16-17
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 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; descendant of Chief Aisance signatory of Penetang Purchase
A History of Christian Island and the Beausoleil Band, London On: Department of History, University of Western Ontario, 1990, Volume III Pg. 26
NAC, R.G 10, Vol 4, Indian Affairs , Lieutenant -Governors Office, Upper Canada, Correspondence, 1815-1816, Francis Gore to Elisha Beamen and Henry Procter, 14 November 1815, p.1802, See also Robert J. Surtees, “Indian Land Cessions in Ontario, 1763-1863: The “Evolution of a System” (Ph.D thesis, Carleton University, 1983), pp.175-177. Each of these works deals with the controversial “purchase” made during the 1780’s
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
Stanley, Atlas of Great Lakes Indian History, p.289
Indian Treaties and Surrenders: From 1680 to 1890, pp. 42-45
Indian Treaties and Surrenders: From 1680 to 1890 pp. 44-45, p.176 and p. 177. For further discussion of the background to and significance of this treaty see Johnson, pp. 367-374
See Julia Jarvis, “William Benjamin Robinson,” in The Dictionary of Canadian Biography, Vol. X, 1871-1880 (University of Toronto Press, 1972), PP. 622-625
W.B. Robinson to Colonel Bruce, 24 September 1850, reprinted in Alexander Morris, The Treaties of Canada with the Indians of Manitoba and the North-West Territories, including the Negotiations on which they were based, and other information relating thereto. ( Toronto: Belfords, Clarke. 1880_, Facsimile edition reprinted by Coles Publishing Company, Toronto, 1979, p. 20
1763 Royal Proclamation
Nowegijick v. The Queen,  1 S.C.R. 29.
Donald B. Smith. “The Dispossession of the Mississauga Indians: a Missing Chapter in the Early History of Upper Canada,” in Ontario History, vol. 73, no. 2, June 1981, p. 71
The Federal Minister of Crown-Indigenous Relations, Carolyn Bennett may soon be facing an investigation by Canada’s Ethics Commissioner regarding a 2018 Williams Treaties Settlement Agreement between Canada, the Province of Ontario and seven First Nations in southern Ontario.
John Hawke a community member of Chimnissing Anishinabek (Beausoleil First Nation) located 175 km north of Toronto says he’s been in contact with the Office of the Conflict of Interest and Ethics Commissioner of Canada over a concern involving the Crown-Indigenous Relations Minister as well as former Federal Finance Minister Bill Morneau.
“They each have property within a 50,000 acre tract of land of our traditional territory where the Indigenous Title was extinguished in a 2018 Settlement Agreement. It is integral to know if they declared a conflict of interest in cabinet before their government signed off on this agreement” Explains Hawke
The Chippewa Tri Council (Beausoleil, Rama and Georgina Island First Nations) allege that a 50,000 acre tract in Simcoe County was not included in the Penetanguishene Treaty of 1798 and remained in title to the band however this tract was allegedly taken without consent by a 1811 provisional agreement. The matter was a submitted as a claim by the Chippewa Tri Council in 1986 and 1990 which Canada rejected and was recently included in with the 2018 Williams Treaties Settlement Agreement. Hawke feels this needed to be a stand alone claim.
“ Injustices in the Pre-confederation treaties such as the 1798 Penetang Purchase where these grievances have been amalgamated with the separate issue of our northern hunting grounds and harvesting rights have allowed Canada again to provide a flawed agreement with unfair compensation where Indigenous Title is never to be extinguished.” explains Hawke.
The 2018 Williams Treaties Settlement Agreement attempted to resolve injustices created by the 1923 Williams Treaties where the Crown breached it fiduciary responsibilities. The 1923 Williams Treaties unilaterally extinguished the First Nations Harvesting Rights within seven First Nation’s Traditional Territory and did not provide proper compensation and reserve lands for the surrender of their northern hunting grounds.
The Conflict of Interest Act provides in section 44 that only a Member of the Senate or House of Commons may request, in certain circumstances, that the Commissioner examines a matter. Section 45 of the Act however provides that the Commissioner may examine a matter on his own initiative if he has reason to believe that a public office holder has contravened the Act.
Hawke failed to get any responses from MP’s in his attempt to raise this concern but has raised interest of the Ethics Commissioner in an email of inquiry he sent.
A Special Advisor to the Commissioner, Phillipe Joly has been corresponding with Hawke who informed Hawke that Commissioner Dion asked him to take a look at his request to see if he could have reason to believe that a contravention has occurred. Hawke has provided preliminary information for their review.
Hawke also gives warning to other Indigenous Communities such has Six Nations of the Grand River where Minister Carolyn Bennett has agreed to sit down and discuss the historical claims and land right issues of Six Nations as a result of a month long occupation of a housing development by Six Nations land defenders.
“ I caution and encourage all communities to make noise by questioning the Crown-Indigenous Relations Minister on this matter.” Explains Hawke.
Hawke also feels that the First Nations Elected Councils are also under a conflict of interest when making agreements on behalf of an Indigenous Nation, Tribe and Clans as the Elected Councils are entities under the jurisdiction of Canada’s Indian Act.
The Williams Treaties First Nations include Alderville First Nation, Chippewas of Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Rama First Nation, Curve Lake First Nation, Hiawatha First Nation and Mississaugas of Scugog Island First Nation.
For more Information Contact:
Anishinabek Coalition To Invoke our Nation, Communications Dept
John Hawke @ 705 247 2120 or firstname.lastname@example.org
Anishinaabek have our own forms of policing however like most of our own institutions this role in our communities has become compromised to benefit only the settler government. From the imposition of an Indian Agent and Indian Act Band Council that enforced restrictions over us to those who believe they are creating change by working in the colonial system are only helping to perpetuate the subjection of our rights and freedoms and criminalization of our People under Canada’s assumed jurisdiction.
It is well documented by the mainstream media how the RCMP, CSIS, National Defense (Military) and Police Agencies have been spying on Indigenous People’s standing up for their rights and lands where these partnerships have even recruited what is now called the department of Indigenous and Northern Affairs of Canada as well as the Assembly of First Nations.
Documents such as Project SITKA obtained through Freedom of Information and shared by the mainstream media in the past decade shows how Canada spies and develops plan’s on how to combat such Indigenous Protests with the help of Police Agencies where such Indigenous Peoples and communities are put in the same category by such agencies and labelled as domestic terrorists. This is type of activity and labeling creates an prejudice environment which contradicts why Canada’s First Nations Policing Policy in the early 1990’s was established in the first place.
The negative relations between non-Indigenous Police and Indigenous Peoples across Canada along with such actions such as the so called Oka Crisis in 1990 and reports like the Royal Commission on Aboriginal Peoples stressed the need of First Nations to establish their own Police Force. The increasing political pressure to do something about Aboriginal policing led to the introduction of the First Nations Policing Policy in June 1991 by the federal government, after extensive consultation with the provinces, territories and First Nations across Canada.
The RCMP’s project SITKA which can be read by clicking the link below is one such document created on how to categorize, and profile Indigenous Peoples organizing to defend their rights and homelands.
On March 30, 1992, a five year Ontario First Nations Policing Agreement was signed by Grand Council Treaty #3, Nishnawbe-Aski Nation, A.I.A.I., Anishinabek Nation, Six Nations and the Provincial and Federal Government. In 1994, Garden River, Curve Lake, Sagamok and Saugeen First Nations were the original communities to form the Anishinabek Police Service. At this time it was also decided that Garden River would be home to Headquarters because geographically it is situated in the center of the province.
In 1996, a three year agreement was endorsed to include 13 more First Nations. In I997, two more First Nations joined the Police Service, bringing the total to 19 First Nations, spread over the province of Ontario. The Police Service has had many changes to the makeup of the member communities and currently sits at 16 member communities.
With the killing of Dudley George in 1995 an unarmed Anishinaabe Land Defender in Ontario there was again more political pressure on Police on how to respectfully engage in Policing Indigenous Peoples specifically at so called protests which was being advocated for by Indigenous and Non-Indigenous Peoples. In response in part to the Ipperwash Inquiry, special programs have been introduced, such as the OPP’s ART (Aboriginal Relations Team), MELT (Major Events Liaison Team). They were to operate within a Framework that emphasizes flexibility, relationship building, dialogue, knowledge and awareness of Aboriginal perspectives and culture, and the use of force only as necessary and as carefully measured
The OPP ART and MELT are now amalgamated and now the OPP’s Emergency Response Team.
Anishinabek Police Service spying for Canada?
In February to Mid March 2020, solidarity actions across Canada sprung up in support of the Wet’suwe’ten Nation’s battle to oppose a pipeline running though its territory. Nation wide roadblocks and actions from Indigenous and Settler communities started to catch momentum where Canada’s economy began to be disrupted by a railway blockade in Tyendinaga, Mohawk Territory in southern Ontario which played a key role in solidarity actions.
During this time the Anishinabek Police Service were attempting to gain information on potential threats that were in solidarity with the Wet’suwe’ten and Tyendinaga. Land Defenders and Anishinabe activists from Anishinabek communities in Ontario were approached by the Anishinabek Police Service.
“ I was asked to come to the APS station in my community as they wanted to ask me questions. I went up as I thought it was regarding my recent mischief charge for protesting against council.” Says Land Defender John Hawke of Chimnissing Anishinabek Territory (Beausoleil First Nation.)
“ This Detective introduced himself as Will Shawnoo from the Major Crimes Unit with APS and said he wanted to know what I thought about the political actions currently going on across Canada in regards to pipelines. I asked him if its just me he came to see and why. He said my name is known out there as someone who organizes protest related activities. So I told him to watch the news as there is lots of info on there and I walked out.” Says Hawke who further explained the APS Detective drove 7 hours from London for what was a 20 second interaction.
“ I feel like this was harassment and I was being profiled by APS and that they’re being used by Canada to spy on our people in our communities who stand up for our rights and land where this demonstrates a loss of trust by these First Nations police officers and their organization.” Says Hawke
Hawke wasn’t the only “activist” to be approached by where Karen Bell of Garden River First Nation and Central Region Investigator for APS communicated with a community member who wished to remain anonymous but made a recording on his cellphone of his encounter.
“She came into the dispensary looking for me yesterday afternoon, saying she wanted to have a talk about a protest and solidarity actions going on, then called me on my cell a couple hours later. I went in to see her and recorded it. I didn’t say anything but let her do the talking. It was bullshit” says a First Nation community member in APS’s Central Region.
The Anishinabek Police Service – Major Crime – Investigative Support Unit provides assistance to the Detachments and its Members with investigations and will take a lead on the more serious criminal investigations. The unit is comprised of a supervisor, three detective constables, and two external secondments and domestic violence coordinator. The unit is been responsible to take the lead of major investigations, provide investigative support to detachments, prepare/assist with search warrants and production orders, create intelligence reports, conduct drug education and enforcement, support Professional Standards with investigations and ensuring all domestic violence cases Criminal and Non-Criminal are reviewed..
This is not the first time when Anishinabek Police Services relations with the communities it serves comes into question. The APS have conducted raids to shut down what they claim are illegal Cannabis dispensaries in Garden River First Nation and Wahnipitae First Nation in 2019.
In an article by Dispensing Freedom Sept 2019, (Anishinabek Police Services raid Wahnapitae cannabis dispensaries in violation of Indigenous laws; Stores vow to re-open) APS Police Chief Marc Lesage stated the APS did not receive a request from Chief and Council of Wahnapitae First Nation to conduct the raids, but acted on their own behalf to unilaterally enforce the Federal Cannabis Act on Indigenous lands.
Police Chief Lesage further indicated that he was unaware of the decision made by the Chiefs of Ontario in June of 2019 to assert “complete jurisdiction” to govern all cannabis operations within First Nation territories. Lesage also stated in a phone interview that he did not know that the members of Wahnapitae First Nation voted in a referendum on June 29th 2019 to legalize sales of cannabis in their territory, and that he did not know that Chief and Council had passed an interim cannabis bylaw to regulate the industry on reserve.
On the APS’s literature found on their website they declare, “Although marihuana is legal, all dispensaries have to be licensed.”
Community members along with leadership feel outside laws have no business in regulate their aboriginal right to trade.
The APS is part of Ontario’s Provincial Joint Forces Cannabis Enforcement Team – PJFCET Where their literature claims these efforts are to dismantle illegal cannabis trafficking which is supported by organized crime. The APS developed a relationship with the Ontario Provincial Police who are currently managing Provincial Joint Forces Cannabis Enforce-ment Teams (PJFCET) which is comprised of a number of Police Services from Southern Ontario.
Community members feel that APS enforcing outside laws and enforcing the PJFCET they are further helping to criminalize community members who are asserting their aboriginal rights to trade which was the focus of a rally on June 21, 2020 National Indigneous Peoples Day in Batchewana and Garden River First Nations.
Community members, Indigenous Dispensary Owners and Supporters along with Del Riley former National Chief of the National Indian Brotherhood now AFN rallied outside APS Police Stations to make their voices heard.
When Riley does visit and consult with First Nation dispensary owners, he issues them ‘constitutional certificates,’ indicating that cannabis dispensaries are protected under Section 25 and Section 35 of the Constitution Act, which he says upholds the right to participate in the cannabis industry through the government’s own recognition and affirmation of existing aboriginal and treaty rights.
These are not the only questionable actions of the Anishinabek Police Service, in April 2019 CTV and CBC reported on the Heads of the Police Force who were suspended. Police Chief John Syrette and Deputy Police Chief Dave Whitlow were suspended with pay in February 2019. According to a statement released by APS board chair Jeffrey Jacobs, the suspensions were issued “following complaints regarding the conduct of certain members of the senior command.” The statement did not specify the nature of the allegations, but said the board had hired an external investigator after receiving the complaints.
The union representing Anishinabek police officers also refused to comment, as did the leaders of some of the 16 communities the police force protects. When it comes to discipline for the chief and deputy chief, the process is different than the one governing police officers in Ontario, who appear before a provincial tribunal. Instead, these officers will answer to a committee of the Anishinabek police authority.
One of the most historical infamous issues between Reserve Constables in a Police Force under the jurisdiction of Settler Government happened on December 15, 1890 on the Standing Rock Reserve. Fourty Indian Agency Policemen were given instructions to bring Tantanka Iyotanka (Sitting Bull) into custody by the Indian Agent where these Indian Reserve Constables killed Sitting Bull and seven of his friends and family. It is evident today who Indigenous Police really serve and protect.
(Information shared in this Article specific to the agreement can be found on the Government of Canada’s Websites)
A 2018 Settlement Agreement between the Williams Treaties First Nations, Canada and the Province of Ontario to resolve issues surrounding the 1923 Williams Treaties is a repeat of history where Ontario has already breached this Agreement says a Land Defender.
John Hawke, a Beausoleil First Nation member erected a blockade on June 21, 2019 for five weeks of Ontario’s Awenda Provincial Park situated on land involved in the settlement to raise awareness of what he feels is a continuation of injustice. Hawke also claims there is a potential conflict of interest by two Federal Ministers who have property on the Indigenous lands that were surrendered in this agreement.
“ A group of us set up a cultural camp and built a cabin in Awenda Provincial Park in 2012 to oppose these kinds of agreements. The 2019 blockade of the Park was a heightened action in response to continued extinguishment of our underlying title of our traditional territory.” Explains Hawke.
Hawke feels the Agreement to compensate for grievances surrounding the 1923 Williams Treaties replicates the same injustices it attempts to resolve.
“Canada breached its fiduciary responsibility to work in our best interest on behalf of the Crown and continues to do so in these biased settlement agreements.” explains Hawke who feels a more fair process should be pursued when dealing with such land disputes.
“ An Imperial Statute in 1704 and reaffirmed in 1773 as a result of Mohegan vs Connecticut established a special impartial court for Indigenous Nations and Settler Governments to settle land disputes.” Explains Hawke.
The Williams Treaties First Nations include Alderville First Nation, Chippewas of Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Rama First Nation, Curve Lake First Nation, Hiawatha First Nation and Mississaugas of Scugog Island First Nation.
HISTORY OF THE 1923 WILLIAMS TREATIES
Between 1764 and 1850 the British started to make what is referred to as pre-Confederation Treaties in Upper Canada with the Anishinaabe in order to occupy their lands for military use.
The ancestors of the Williams Treaties First Nations entered into these pre-Confederation Treaties (the Collins Treaty of 1785, the Crawford Purchase of 1784, the Gunshot Treaty of 1787-88, the Penetanguishene Treaty No.5 of 1795, Treaty No. 16 of 1815, Treaty No.17 of 1816, Treaty No. 18 – Nottawasaga Treaty of 1818, Treaty No. 20 – Rice Lake Treaty of 1818, Treaty 27-27 1/4 of 1822).
In these Treaties, Anishinabe Hereditary Clan Leaderships reserved their harvesting rights over the lands surrendered where as early as 1847 they started to petition the Crown about encroachment on their pre-Confederation Treaty harvesting areas and onto their northern hunting territories which had not been surrendered.
In entering into the 1923 Williams Treaties these communities expected to protect their pre-Confederation Treaty harvesting rights and to receive compensation for their northern hunting territories. In contrast, the Crown interpreted the Williams Treaties as taking not only a surrender of all lands that were held in aboriginal title by the seven First Nations but also taking a surrender of all other rights in pre-Confederation treaties. As a result these First Nation’s were the only Indigenous peoples in Canada to be denied rights to harvesting (hunting, fishing, trapping and gathering).
In the 1980’s research led to the conclusion that the Williams Treaties did not take away all rights. It also led to conclude the Government of Canada, required to act in the best interest of these First Nations as a result of section 91 (24) of the British North America Act 1867 and did not properly compensate the First Nations for rights and land they claimed were taken as a result of the 1923 Williams Treaties.
In 1992, the First Nations filed a suit in the Federal Court. In 1993, Ontario agreed to negotiate and in 1994, Canada agreed to negotiate. In 2000 negotiations ceased because the Crown brought no mandate to the table allowing for negotiations on constitutionally recognized and protected harvesting rights. In 2008, negotiations restarted but again the Crown brought no mandate to negotiate the matter of harvesting right so the First Nations chose to go back to court. In 2009, court proceedings began. In 2016 negotiations resumed and in February 2017, a Negotiations Framework Agreement was established to settle out of court. The negotiated settlement was approved by First Nation members in June 2018 and signed by the seven First Nations in July 2018 and by Ontario and Canada in August 2018.
THE 2018 SETTLEMENT
The Indigenous Title to 13 Million acres; a total of 12,944,400 Acres except for Harvesting Rights on to those lands have been extinguished by the Williams Treaties First Nations. The Settlement included an apology from Canada and Ontario, a total of $1.11 billion in compensation for pre-existing treaty harvesting rights; allowing the purchase of up to 11,000 acres for each First Nation (a willing-seller/willing-buyer basis) and applying to Canada to have the land added to their reserve land base. The agreement declared also to work towards fully implementing the settlement, renew ongoing treaty relationship and to foster reconciliation and understanding.
CRITIQUE OF THE AGREEMENT
Some Community Members feel the Agreement is a continuation of the same injustices implemented on their ancestors and that only certain voices from the community throughout the trial and negotiations were heard.
“ Our harvesting rights are inherit which stems from our underlying title to our Territory which is inseperatable and can never be extinguished on behalf of our future generations. Canada created the poverty and third world conditions that exist in our communities and monopolizes on that in these settlement offers.” Says Hawke.
The designation of lands within the agreement is also a concern.
“We shouldn’t have to purchase our own lands back with our compensation that comes from revenue created off of misappropriated Indigenous Lands that allows Canada to exist. There is available unoccupied Provincial and National Parks that can be transferred back to our Nation.”
“ Applying to Canada to designate any purchased lands as Reserve is further extinguishment as Reserve Lands fall under the Indian Act and belong to the Crown.” Hawke further claims.
Although a substantial one time payment to the seven First Nations was given Hawke feels the agreement is not reflective of the true spirit of Treaty.
“This is not a Treaty and the Agreement is only a real estate transaction. A Treaty needs to guarantee annuities, access to health and education in exchange for occupying our Territory. This agreement doesn’t even include an impact benefit and resource revenue sharing agreement of our Territory.” Explains Hawke.
Hawke’s grievances also echo the voices in other Indigenous Communities which recently was heard and seen within the Wet’suewe’ten this past February and currently at Six Nations of the Grand River where grassroots and Hereditary Leaderships oppose such agreements made by the Indian Act Elected Councils.
“ The Indian Act Band Councils are a creation of Canada and under its jurisdiction and are not the lawful representatives of our Clans, Tribe and Nation where a major conflict of interest exists when they assume jurisdiction to make such agreements regarding our Territories. The 1923 Williams Treaty and this Agreement made with Indian Act Councils are unlawful. ” explains Hawke.
The 1867 British North America Act unilaterally gave the Government of Canada jurisdiction of the new legal definition of “Indians” under it’s Indian Act which also implemented an Elected System and outlawed Tribal Clan Governing Systems. This was done in breach of the Nation to Nation 1764 Niagara Covenant Chain Belt Treaty and the Royal Proclamation.
Although Canada’s Self Government Agreements addresess Hawke’s concerns about specific issues in this Treaty and Agreement he shares a growing concerns along with Indigenous Communities with Self Governments Agreements such as the First Nations Lands Management Act that many communities have ratified.
” There is not enough lands to become Self Sustainable that this Agreements allows. The Self Government Agreements also are not Treaties but are an attempt to to get out of the Indian Act to eventually create us as a fourth level government under the jurisdiction of the Province. We’ve given up title to our massive Territory for a one time payment and these Self Government agreements do not guarantee secured funding for Education, Health and Land Management where we will be forced to become Municipalities where the Federal Government is trying to get out of its Fiduciary Responsibility by these Self Government Agreements” says Hawke.
ONTARIO ALREADY BREACHES THE AGREEMENT
Hawke also raises a concern regarding a potential conflict of interest regarding two Federal Liberal Ministers who have property on lands surrendered in this agreement. The Federal Finance Minister Bill Morneau and Crown-Indigenous Relations Minister Carolyn Bennett both have property in Tiny Township land that falls within 50,000 acres of the 1798 preConfederation Treaty number 5.
“It is integral to know if they declared a conflict of interest in cabinet before their government agreed to this settlement” Explains Hawke.
If Minister Bennett and Finance Minister Bill Morneau did not declare a conflict of interest in cabinet before government approval of the William’s Treaty settlement, they are guilty of an offence under Ethics and this should be investigated by the RCMP
Hawke feels this 1798 preConfederation Treaty should’ve been handled as a stand alone claim and not swept in with this Settlement which is one factor to his actions taken in Ontario’s Awenda Provincial Park.
“ In this 2018 Agreement a total of 11,000 acres can be purchased back by the seven First Nations yet the 1798 Penetang Harbour Purchase was 55,000 acres of one collective community which was wrongfully surrendered and was submitted as a claim by the Chippewa Tri Council in 1986 and 1990 but rejected by Canada.” Explains Hawke.
Hawke erected a blockade to the entrance to the Provincial Park for 5 weeks which ended by his arrest for allegedly uttering threats to the Park Warden which he says was fabricated to get him out of the park in which OPP took him into custody.
Hawke was taken into custody for almost 30 hours and released on bail. While in custody Park Staff cleared the blockade along with dismantling the cultural camp and cabin that was up for 7 years in a separate forested area in the Park and wasn’t part of the blockade.
“By the Park taking down the cabin and the OPP putting conditions on me not to return to the Park the Province of Ontario has already breached this 2018 Agreement which infringes on our reinstated Harvesting Rights and the promise to foster reconciliation and understanding as declared in the Agreement.” Says Hawke
Hawke further explains that erecting Cabins on Crown lands coincides with Indigenous Harvesting Rights as affirmed in R v Sundown a Supreme Court decision.
Hawke is not addressing the charge of uttering threats, claimed by the Park Warden but has filed a Constitutional Challenge questioning the assumption of jurisdiction of an Ontario Court over Indigenous Peoples and questioning the validity of Canada’s Constitution. Hawke strongly feels questioning Canada’s outstanding constitutional issues and its validity is a fundamental issue that also needed to be raised in this Williams Treaties fight. Hawke and many others throughout Indigenous Communities are criminalized for asserting their Sovereignty, addressing such injustices trying to hold Canada and its Provinces to the Rule of Law.
His date for his Constitutional Challenge is in mid December 2020. He also is attempting to find support and raise awareness how Ontario has already breached this agreement by taking the Cabin in the Park down.
For More Information Contact
Johnny Hawke @ email@example.com or 705 247 2120
Shuck n Jiving, Duck n Diving: We need decolonize from Internalized Racism first or we just fooling ourselves where majority of our own are Mascots, Puppet Role Models, Lapdogs, House Negro’s, Tonto’s and Hang-Around-the-Forts helping to employ capitalism which is racism’s conjoined twin; where societies institutions are all based on this and intended to only serve and protect those with capital. Capital is accumulated by theft of labor “slavery” and theft of land.
Even our Movements can be used against us. Hip-hop born out of self empowerment of the Black Community is now a tool to keep masses programmed to a culture of violence, drugs, alcohol, misogyny and materialism; values of the Slave Master who owns the Entertainment Industry. The rich and famous all seeing “eyeCons” pay a price to play and remain silient when they see shit in that world just as BIPOC cops are in the blue fraternity “the force” and keep silent when they see their brothers do some whack racist shit.
The Lone Ranger chooses a Tonto where the NGO Industrial Complex and White “Ally’s” will support certain individuals or a community where their white privilege determines which of our “issues”, “camps” becomes a focal point of our movement. This takes away from our evolution of our decolonization and concentrates us on one issue keeping us as a Pan Indian Movement that leaves us open for infiltration and being directed and manipulated by outside agenda’s. These factors also create the Celeb Activist or fAIM warrior that preaches sovereignty and that we need to be just as Warrior as they are yet we are not supported the way they are by NGO’s, Allies, FanCLubs and have to feed and shelter our family by participating in this racist, capitalist system.
At a time when Sundances and Ceremonies were made illegal our people were only permitted to dance for white people in Buffallo Bills Wild west Shows this is where Powwow originates from. Our Communities today are a Powwow Culture where we throw on superficial images, language over colonial institutions to be acceptable and tolerable for white society. The Aboriginal Industry of social workers, chief and councils, lawyers profit off of our misery that administer government programs and values of capitalism, promoting agreements that extinguish who we are and title to our lands for money that goes back to the oppressors economy. We have lots of work to do that starts by first tearing down internalized racism and its institutions in our own communities before we can even think of addressing the racism of our oppressor.
Some frustrated thoughts on our periodical “uprisings” and our resistance “movements”
I not against any frontline actions like lighting a cop car or court house up even if it’s by provocateurs sent in or if shit is planned by the State because a revolution does need to happen however our actions we employ when all peaceful measures are exhausted be it blockades or so called riots that flare up throughout the decades always become pacified and dissipates as the rage of the masses who are engaged in such temporary actions doesn’t channel itself to become an organized sustained revolution or self sufficient revolutionary organization. After the ceremony, blockade, march or so called “riot” we always go back to the same capitalist consumerist society we say we against and dependent on after the State capitalizes more then us from our reactions.
Often times our actions, camps, blockades, supporters, allies get sold out and compromised by those at the helm in order to negotiate with the State to sit at some table; sign some MOU or agreement, enter their courts being tricked to give up our power and acknowledge the authority of the oppressor and any momentum and actions gained as leverage is lost.
The Oppressor since the 60’s/70’s CointelPro have infiltrated our movements where today most get hijacked if not already have agents built in from the getgo. Hip Hop started as a grassroots movement but now is very misogynistic and a capitalist tool controlled by the oppressor’s propaganda Entertainment Industry to control the minds of the masses to keep the values of this capitalist system that keeps us enslaved. Pan Indian Movements are dangerous also for being infiltrated and hijacked where organizing within our own community as Clans for accountability can help stop this.
Critical Thinking and Questioning Things is also under attack nowadays where many critical thinkers and people questioning sketchy things are now being discredited and minimized as divisive or tin foil hat wearing “conspiracy theorists.” We must not give into paranoia but we must be able to have critical thinking and questioning things that may seem out of the box as this is what being “woke” is about and allows us to not be controlled by others who may be stuck with “in the box” thinking.
Popularity Clubs and the rise of the Celebrity Activist and Cool Kids Clubs is very real and also hijacked our movements. I see many self proclaimed Warriors preach Sovereignty but dependent on their FanClubs, Groupies and NGO’s to fund their life yet expect the rest of us to be just as Warrior as them when we do not enjoy the same attention and support these types seem to constantly get and demand. I’ve also experienced where we all preach accountability in our movements and calling out shit yet it seems certain ppl are not held to the same standards and are exempt and given a pass of “we all make mistakes” as they continue to shit on others and those who call shit out get accused of lateral violence for calling out actual lateral violence. In short there is no accountability in our movements. Why would I want to work with those who dont empower others just their own careers and camps and act just as the oppressor we claim to be against.
Before engaging in some righteous rebellion ask yourself, is it worth it to jeopardize my well being and freedom if those at the helm of the movement are gonna just end up selling me out and go against principle; is my emotions, reactions, thinking being manipulated to serve an agenda am I just giving into more social conditioning? Are we even organized enough to take on the beast or is this just to bait and cattle us in?
I am a Nobody and these just my observations and experience of being engaged in our resistance movements over the years and my critical thinking and frustrations where I’m still free enough to share which are also valid thoughts. Consider me whatever you want for my critical thinking, I no care what others think nor do I resist or part of collectives and movements to be popular but hardly feel my opinion matters anyways as I no celeb activist or fAIM Warrior to influence others by my critical thinking which may appear as “conspiracy theories” at times as I feel the ppl can think for themselves. I think.
Few Yrs Ago the Rez was putting Water Lines to Powwow Grounds at the Lake. I live across the Road. I was walking home and passed Water Treatment worker in dirt hole on the road working. I walked by and jokingly but outta instinct said “Did you find any Ancestors yet”…Hour Goes By, Rez Cops was there and then Govt Car. They found ancestors. They dug up a Wendat Ossuary nobody knew about as there was archeologists here in the 80’s. There was a small prayer with a few spiritual ppl from here and returned them to the earth but moved them on the side of the road and put up a poor effort of 2×4 fence where road still goes through where they once laid. I question if this was anywhere else off Rez in Town how loud n angry would we be crying injustice?
Last night I had a dream were many of our own Ppl were wearing these Facemask’s everybody is now wearing for the virus and wearing some kind of green uniforms and protecting the constructing of something over the ossuary. I yelled at them to stop being sellouts then all sudden I had bunch of our own ppl Anishinabek and Wendat together in Regalia stopping them and we did Ceremony for these Ancestors. These Wendat that were here b4 us Anishinabe on C.I were chased here by Kanienkeha’ka and starved as there was nothing to eat here and many died this was influenced by European Control of an Economy and know as the Beaver Wars. Us Anishinabek came down and fought Haudenasaunee and eventually established peace and alliance. My Territorial Clan Council Fire were given a belt to hold called Beaver bowl or Dish with One Spoon and we was to renew through ceremony with the Haudenasaunee.
In 2011 I fasted to seek what I should do where 3 communities were voting on accepting a land settlement agreement (surrender). In my Fast I dreamed many fish and birds were coming up on shores dead and I had to feed them to stop it. At the coming out feast I shared what I dreamed and on that same night on the news it reported thousands of fish dead on shores of Georgian bay. Long story short, my dream told me we shouldn’t surrender title to the land as it’s not for us to do and if we do we have to give up something where our ppl will be like those fish and birds. The Midewewiin of my community my cousin took my dream serious as it happened and was told our community needed to feast our bay. They invited their Mide Grand Chief here but did not let me share my dream in its full meaning. Later on after the agreement was accepted ppl in our communities young and old began dying off in numbers not seen before. I not saying it was a result of accepting the settlement but ultimately a result of accepting white mans lifestyle; sugar, processed foods causing cancer, alcohol, drugs that took many young n old. As a result of this Fast 2 other community members did some actions which let to a reclamation camp in Awenda Provincial Park, “Council Rock” to relight our Clan Council Fires and uphold our Agreements in these Belts. I was faced with tests with relationships, friendships and our camp went silent.
In 2018 another Agreement came along involving 13 Million Acres in a shady 1923 Treaty the settlement was again accepted. In April 2019 my Dad passed I took this that I needed to get back to myself and my own dream and nurture those fires. In June I erected a blockade at the main entrance at Awenda Park and for 5 weeks with the help of a Grandmother and fellow Firekeeper. I am now in the Courts challenging Canada’s fraudulent Constitution.
I am not sharing this to boast. I am no holy roller, I’ve struggled with alcohol. I am no celeb activist or in these spiritual hierarchal clubs and popularity contests, I pissed people off, people I care about, I’ve even had a smear campaign against me by my own cousin who turned many ppl against me and the work I was doing however I am sharing this as a responsibility to my dreams. I’ve not been drinking for sometime and my dreams have been getting stronger and speaking to me more again. When we fast we go without so others may live. During this so called Pandemic many realities have been revealing itself on the illusion that is society. The solutions on how to kill this sickness and what really is going on and what we need to be doing is right there if we step away from the poisons and pay attention to our own dreams. We pray and protest and blockade against a way of life we say we’re against but how many of our own are waiting to return to that way of life once “this shit is over?” If I can be re-connected and opened up to Spirit so can You! No need to be a follower of someone else or their Popularity Clubs. Nurture that Fire.