Indigenous Peoples and Human Rights

January 17, 2013

Terrance Nelson 'We can stop all trains in Canada'

Rail Blockade Jan. 16, 2013
'Not one Toothpick'
By Terrance Nelson
First Nation Roseau River Ojibway
Chief Fox,
Yesterday, our small group of fifty delivered a notice to Business Canada. CN had obtained an injunction on Monday, the day previous to the railway blockade. CN only delivered that notice to us later on yesterday. I got a copy only after a CN Cop picked up a copy from the ground and handed it to me. We had already started to leave the area. Although the injunction is not legal, we left the blockade after we made our point. The point is clear, we can shut down the economy.
In 2007, I won a decision against an injunction that was sought by CN. This time their lawyers did not provide notice to us and went to court obtaining the injunction without giving us notice of the injunction or a chance to appear. CN's title comes from the government but the government gets their title from the treaty. When Harper passed the Bill C45 legislation, he nullified the title of CN. Only the treaty guarantees immigrants rights in our lands. In 2007, I went to court and asked Judge Kennedy, how can you give CN an injunctiion against us being on our own land, Kennedy said, CN has title, I asked where did they get title, Kennedy said from Government, so I asked, where did the Government get their title. He went silent and asked, do you have documentation. Of course we did. We gave him a huge amount of documentation.
The doctrine of discovery cannot be upheld in court. We are batting nearly 100% of the land court cases. We win because all the immigrant rights come from Treaty. If the treaties are nullified by Harper legislation, CN, CPR, Enbridge, TransCanada and all immigrant right to access in our lands are endangered.
We can stop all trains in Canada if we had to. If we are forced to do this, our slogan will be Not one toothpick. Jody Wilson Raybould is quoted in the Globe and Mail against blockades. The British Columbia First Nations want Treaty Negotiations and lumber is 50% of the economy of British Columbia but if bloodshed occurs in Canada, Not One Toothpick will be sold to the Americans. There is 2 billion dollars worth of trade a day between Canada and United States. We do not want to be on blockades, we are forced to be there by the Harper legislation.
We need to contact the Americans. They are not our enemy, they can dictate to Harper. The economy of Canada is tied to the United States.
On Tuesday January 22nd and Wednesday 23rd, you will be in Winnipeg with the Assembly of Manitoba Chiefs summit. We want a resolution authorizing action on the Treaties. If the immigrants who get all their rights from Treaty are jeopardized by the legislation by Harper, we will be in legal position to take action to stop all railway lines.
The three prairie provinces are the most powerful areas for protest by First Nations. The Biggest Railway Lines and Pipelines are all in Alberta, Saskatchewan and Manitoba. We have the ability to bring down the Canadian economy and Americans need to wake up to Harper and his dangerous policies.
We delivered the notice yesterday by blocking CN. IF CN tries to sue us or continue to confront us, they will lose all rights to cross our lands. We can stop them if we had to. We don't want to but we maybe forced into this. A resolution at the Summit by AMC next week is needed to legalize a response by the Treaty Nations.
We are there if the Chiefs want action. According to the attached documentation. CN probably lost ten million dollars yesterday. They will need a few days to catch up to the delays from yesterday. IF they sue us, they should also sue Harper because it is the Harper legislation that caused this. I will abide by the injunction for now but I will appeal the injuction. The Judge never allowed us to appear and we will take him to task for his decision. He has no clue about his legal obligations to the treaty rights of immigrants in our lands. We will revoke those immigrants access rights if we have to and as the judge did, we will do so without notice to the immigrants. We do need to be reasonable but Harper is stupid if he thinks that this is over.
The immigrant court already put their injunction in place without our input. Next week, the Chiefs have a chance to put in place a resolution authorizing blockades if Harper continues to unilaterally change the conditions of treaty without our input. The hell with providing them notice, if they feel they have the right to impose their laws upon us without our input. IF CN didn't get that message yesterday, they will if they continue to ignore the conditions of treaty.

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