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| 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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