HAUDENOSAUNEE GRANDMOTHERS FILE “DO IT YOURSELF” LAW SUIT – WATCH OUT CANADA , THE FEDERAL COURT IS BEING PUT TO THE TEST
Mohawk Nation News Aug. 30, 2008.
Canada keeps trying to pretend it’s “open season” on the Kanionkehaka/Mohawk. It’s even okay to assault our elders and grandmothers. No steps have been taken to charge the Canada Border Services Agents CBSA who assaulted Katenies and Kahentinetha on June 14th 2008. Kahentinetha suffered a trauma induced heart attack. They tried to beat Katenies to a pulp. They act like this is “business as usual”. The prosecutors have not done their duty. Because of this there has been no public investigation and the crime has been swept under the carpet.
The two women have no money, but they have found a way that might make rogue crown agents accountable. They have filed an action in Canada ’s Federal Court.
This does not mean they are accepting Canadian jurisdiction over themselves or the Haudenosaunee. Canadian agents have no right to abuse human rights or commit crimes against anyone, including those foreign to Canada . Canada has signed many agreements promising to uphold international human right standards. You don’t have to be a Canadian citizen to sue Canada . Canada ’s courts have an obligation to uphold the law.
The following “Statement of Claim” shows that we can defend ourselves. They two grandmothers filed their complaint in the Federal Court of Canada, under Section 48 of Canada ’s Federal Court Act. [You can find the instructions for filing on the Federal Court website]. To get things going, you pay the filing fee and hand in 5 copies of your “Statement of Claim”. The court clerk puts on a gold stamped seal and signs it to prove it has been filed. They serve it on the government the next day, and the crown has 30 days to answer.
When you draft your claim, just put the facts down. Make sure you don’t include any allegations that you can’t prove. For example, you need a direct witness, documentary evidence or video tapes from CBSA cameras. If you miss a deadline, your case will be finished. The crown has to follow the law too, but it might try to ignore you. Don’t forget to include a demand that federal officials follow the court’s timelines.September 19, 2008, is the crown’s deadline for answering the two grandmothers. If the crown doesn’t answer, Canada will lose by default. The court should then order Canada to meet the grandmothers’ demands. MNN Staff
STATEMENT OF CLAIM TO THE DEFENDANT (court seal)
Assault, Arrest and Illegal Detention
By Canada Border Service Agents
At Cornwall Border
Court File No. F1309-08
FEDERAL COURT OF CANADA
BETWEEN
KAHENTINETHA AND KATENIES
Persons of the Kanion’ke:haka/Mohawk NationPlaintiffs
AndThe QueenSection 48, Federal Court Act
STATEMENT OF CLAIM1.
The plaintiffs demand that the individuals who assaulted them must be charged, tried and punished and that their personal possessions must be returned.
2. Canada ’s Constitution Act, 1982 states that Canada is governed by the rule of law and everyone is equal before the law.
3. This means that Canadian officials must obey the law, just like everyone else. When they commit an assault they should be charged with an assault under Canada ’s Criminal Code just like anyone else who commits an assault on the territory over which Canada claims jurisdiction.
4. Canada has failed to apply its laws equally in the area over which it claims jurisdiction.
5. Akwesasne is a small Kanionkehaka community that existed long before the Canadian state was conceived.
6. The Canada - U.S. border was placed in the middle of Akwesasne without the consent of the people of Akwesasne.
7. The people of Akwesasne must cross the Canadian border many times a day for groceries, to visit relatives and to conduct normal community life.
8.Kahentinetha is a 68-year old Kanionkehaka grandmother. Katenies is 43-years old and also a Kanionkehaka grandmother. Sakowaiaks is their friend.
9. On June 14, 2008 Sakowaiaks and Kahentinetha went to Akwesasne to pick up Katenies on the Kanatakon portion of the Akwesasne community.
10. At approximately 2:00 pm they arrived at the Canadian border control, which is situated in the Kawehnonkeh portion of the Akwesasne community.
11. The border agent took the identity documents of Katenies, Kahentinetha and Sakowaiaks and told them to wait under the canopy. Soon they took Kahentinetha’s car keys. The three hostages sat there peacefully for an hour surrounded by guards.
12. Some Kanionkehaka elders showed up to witness what was happening.
13. During this time, several other vehicles were searched and released. Only Indigenous people were stopped. All were residents of Akwesasne.
14. At approximately 3:00 pm, a platoon of about a dozen guards marched towards the car, all wearing leather gloves, flack jackets and all kinds of equipment hanging about their waists.
15. Throughout the attack on Kahentinetha and Katenies that followed, one officer, Maurice Saucier [Badge #16121], was on the cell phone directing operations.
16. Katenies was dragged violently from the back seat of the car by a gang of hefty young men and women dressed up as Canadian Border Services Agents. They knocked her down, pinned her to the ground, and forced their knees into her head and back. They handcuffed her and smashed and rubbed her face into the pavement.
17. Sakowaiaks heard the sound of flesh hitting the pavement.
18. Katenies received bleeding scrapes and bruises on her face, shoulders, arms and legs. She was taken into the customs building and later to Ottawa .
19. No charges were read to Katenies and her request for medical help was refused. She was not allowed to call her mother and her mother was not permitted to see her or speak to her. She was held incommunicado for three days until she appeared in Cornwall court on June 17, 2008.
20. After the assault on Katenies began, Kahentinetha was ordered to get out of the car. She was afraid to get out because of what they had done to Katenies.
21. Kahentinetha heard Maurice Saucier tell the other agents to “Take her out”. She was afraid for her life if she got out of the car.
22. Kahentinetha asked “What have I done?” She was not informed of any legal charges against her.23. Several agents started grabbing her and yanking her out of the car. She was thrown around, assaulted, handcuffed, and imprisoned.
24. In the cell, the attack continued. Kahentinetha’s shoes were taken. Some officers tightened the handcuffs she was wearing several times. This cut the circulation to her hands. Pain shot up her arms. She saw flashes of light and felt sharp pains in the middle of her chest and back. She cried out for help. The guards ignored her and tightened the handcuffs more. They yelled threats at her and kept ordering her to bend down. A man stood behind her and had his hands on her pants. She received scrapes and bruises on her arms and legs.
25. Frank Horn, Kahentinetha’s brother is a Cornwall lawyer. He and his son Kanatase, happened to be waiting in the line at the border.
26. When Frank Horn asked to see his sister, they took off the handcuffs and gave her a chair to sit on. When he saw her, he immediately insisted on calling an ambulance. The Akwesasne Police stood and watched in silence.
27. The ambulance took Kahentinetha to Cornwall Community Hospital and later to the Ottawa Ontario Heart Institute. She remained in hospital for 5 days in the trauma unit and intensive care unit. The doctors told her she had had a trauma induced heart attack.
28. Kahentinetha was in excellent health before the attack by the border guards. Her health is now fragile. On June 30th, 2008 she had a relapse and was hospitalized at the Anna Laberge Hospital in Chateauguay Quebec .
29. Neither of these women is associated with any kind of criminal activity.
30. Some of the CBSA officers involved in the attack had the following badge numbers: 17012; 16320; 16511; 16121; and 16275.
31. Katenies’ identity documents have not been returned. Also missing are documents that were in the trunk and the shoes taken from Kahentinetha’s feet.
The plaintiffs request:
a) Trial on appropriate criminal charges against the individuals who committed and directed the assault against them;
b) Full disclosure of all evidence including videotapes, cell phones, files, official communications, policing agreements and wiretaps concerning this action;
c) An order that all Canadian government agencies must respect our human rights as set out in international human rights instruments that Canada has signed;
d) An order that the accused and all involved Canadian government agencies must respect the time delays set out in the Federal Court Rules of Court;
e) $10 million for physical, psychological and punitive damages; andf) Such other relief as this court may deem fit.
The plaintiffs propose that this action be tried in the Federal Court of Canada at 30 McGill Street , Montreal Quebec .
August 20, 2008
Kahentinetha _______________
Katenies ___________________
Address of Service: For the purposes of this proceeding only, service to be made care of Julio Peris, 625 Rene Levesque West, Suite 900, Montreal, Quebec H3B 1R2 – 514-933-4656 Fax 514-93309587/I HEREBY CERTIFY that the above document is a true copy of the original issud out/filed in the Court on Aug. 20, 2008 A.D.
Signed by Nicole Reimen, Agent du Greffe, Registry Officer
PLEASE NOTE: As can be seen, it’s becoming critical for legal actions to be taken to protect our rights. We have no funds. Canada is hiring costly law firms to suppress our rights. If you can donate anything to our cause, it will be greatly appreciated.Donate to: PayPal, www.mohawknationnews.com, or “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Nia:wen/Thank you very much.
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August 30, 2008
Denver Democratic National Convention, this isn't OZ
By Brenda Norrell
DENVER -- If you relied on the mainstream media for coverage of this week's Democratic National Convention, you probably visualized everyone clicking their heels together and entering the land of OZ.
While the mainstream media and politicians were cloistered together, the people were in the streets, voicing disgust over the Bush regime, which decimated civil liberties and turned the Earth into the corporate profiteers' commodity. At the same time, the Iraq war continued with the mainstream media complicit in the genocide of women and children in Iraq and Afghanistan.
The signs reminded all that the Bush regime and Congress violated the Geneva Conventions and carried out kidnapping, torture and murder of people in Abu Ghraib, Guantanamo and secret prisons.
The lawlessness that prevailed in the White House and Congress was maintained by the police at the Democratic National Convention who provoked peaceful demonstrators on Monday night, culminating in an at attack by riot police who sprayed pepper spray and shot rubber bullets at peaceful protesters.
The collapse of US democracy was most poignant at the Freedom for Political Prisoners rally and march at the federal courthouse in Denver on Monday. Here, Aurora police drew weapons on people of color: American Indians, blacks, Chicanos and others. It was clear that there are two Americas and one America is filling the prisons because of racial profiling and racial injustice. While simulating waterboarding and US torture, activists demanded freedom for Leonard Peltier, Mumia Abu-Jamal, the Cuban Five and other political prisoners.
With courage, US servicemen led the march against the war and occupation in Iraq on Wednesday. On Thursday, marchers demanded that US lawlessness be halted and the ICE raids against workers that are dividing families be halted. At the "We Are America," march for immigrant rights, marchers pointed out that hundreds of workers arrested in Laurel, Mississippi, in raids have been sent to one of the most racist towns in America: Jena, Louisiana.
As the so-called "clean coal," industry poured millions into the convention, protesters reminded the people that there is no such thing as "clean coal." A moment of truth came when ABC news producer Asa Eslocker was roughly arrested. Eslocker, an investigative reporter, was pushed into the traffic by a Boulder police officer. During the arrest, Eslocker was grabbed around the neck by an officer, as documented by a film crew. Eslocker was waiting on a public sidewalk to film financial donors leaving a hotel.
Meanwhile, those marchers who were sprayed with pepper spray on Monday were not allowed to wash it off when they were detained and jailed. "This is a form of torture," said one street medic, describing the poisons that are absorbed internally. Another medic described the wound of a rubber bullet. The women of Code Pink were targeted by police, with women thrown violently to the ground during arrests, as documented in videos.
In the St Paul/Minneapolis area, police raids of homes and community centers are already underway in preparation for the Republican National Convention, Sept. 1 -- 4. Protesters say they are not intimidated.
As thousands marched this week in Denver, volunteers at Food Not Bombs gathered donated foods and fed the people. In the streets, the people asked: "Is anyone really listening?" The people don't have a clue. But for those who spent this week in the streets of Denver, a new America was emerging. The people were giving voice to truth, a prized commodity in this age of US genocide, corrupt media and the corporate rape of the Earth Mother.
DENVER -- If you relied on the mainstream media for coverage of this week's Democratic National Convention, you probably visualized everyone clicking their heels together and entering the land of OZ.
While the mainstream media and politicians were cloistered together, the people were in the streets, voicing disgust over the Bush regime, which decimated civil liberties and turned the Earth into the corporate profiteers' commodity. At the same time, the Iraq war continued with the mainstream media complicit in the genocide of women and children in Iraq and Afghanistan.
The signs reminded all that the Bush regime and Congress violated the Geneva Conventions and carried out kidnapping, torture and murder of people in Abu Ghraib, Guantanamo and secret prisons.
The lawlessness that prevailed in the White House and Congress was maintained by the police at the Democratic National Convention who provoked peaceful demonstrators on Monday night, culminating in an at attack by riot police who sprayed pepper spray and shot rubber bullets at peaceful protesters.
The collapse of US democracy was most poignant at the Freedom for Political Prisoners rally and march at the federal courthouse in Denver on Monday. Here, Aurora police drew weapons on people of color: American Indians, blacks, Chicanos and others. It was clear that there are two Americas and one America is filling the prisons because of racial profiling and racial injustice. While simulating waterboarding and US torture, activists demanded freedom for Leonard Peltier, Mumia Abu-Jamal, the Cuban Five and other political prisoners.
With courage, US servicemen led the march against the war and occupation in Iraq on Wednesday. On Thursday, marchers demanded that US lawlessness be halted and the ICE raids against workers that are dividing families be halted. At the "We Are America," march for immigrant rights, marchers pointed out that hundreds of workers arrested in Laurel, Mississippi, in raids have been sent to one of the most racist towns in America: Jena, Louisiana.
As the so-called "clean coal," industry poured millions into the convention, protesters reminded the people that there is no such thing as "clean coal." A moment of truth came when ABC news producer Asa Eslocker was roughly arrested. Eslocker, an investigative reporter, was pushed into the traffic by a Boulder police officer. During the arrest, Eslocker was grabbed around the neck by an officer, as documented by a film crew. Eslocker was waiting on a public sidewalk to film financial donors leaving a hotel.
Meanwhile, those marchers who were sprayed with pepper spray on Monday were not allowed to wash it off when they were detained and jailed. "This is a form of torture," said one street medic, describing the poisons that are absorbed internally. Another medic described the wound of a rubber bullet. The women of Code Pink were targeted by police, with women thrown violently to the ground during arrests, as documented in videos.
In the St Paul/Minneapolis area, police raids of homes and community centers are already underway in preparation for the Republican National Convention, Sept. 1 -- 4. Protesters say they are not intimidated.
As thousands marched this week in Denver, volunteers at Food Not Bombs gathered donated foods and fed the people. In the streets, the people asked: "Is anyone really listening?" The people don't have a clue. But for those who spent this week in the streets of Denver, a new America was emerging. The people were giving voice to truth, a prized commodity in this age of US genocide, corrupt media and the corporate rape of the Earth Mother.
McCain's VP pick: Oil drilling more important than polar bears
Censored News, reader comment:
McCain's Vice Presidential's selection Palin Would deny Indigenous Rights
Praying to Four Winds
Gov. Sarah Palin is not prepared to be Vice President. She reversed Dirk Kempthorne, US Secretary of the Interior, decision listing polar bears as an endangered species. This youthful appearing governor ignored pleas of both Native People and environmentalists amid her fears of annoying oil barrens. The Governor's actions deny a way of life for American Indians, falsely believing an opposite action would hurt oil and gas development in the bears' habitat off Alaska's northern and northwestern coasts.
We don't need to punch more holes in pristine lands, nor to make our few Indians homeless. Citizens agree it's time to fight against global warming, not add to it.
Palin's pushy fundamentalist Christian views coupled with Texas bible classes would bring havoc to classrooms across Texas, which we do not need. Palin is not good for the Nation; she's not been tested. If we look back historically, it was the fundamentalists who led the worse blight on our Nation -- genocide of the Native People.
Response from Center for Biological Diversity:
"She's either grossly misinformed or intentionally misleading, and both are unbecoming," said Kassie Siegel of the Center for Biological Diversity. ... "Even the Bush administration can't deny the reality of global warming. The governor is aligning herself and the state of Alaska with the most discredited, fringe, extreme viewpoints by denying this."
McCain's Vice Presidential's selection Palin Would deny Indigenous Rights
Praying to Four Winds
Gov. Sarah Palin is not prepared to be Vice President. She reversed Dirk Kempthorne, US Secretary of the Interior, decision listing polar bears as an endangered species. This youthful appearing governor ignored pleas of both Native People and environmentalists amid her fears of annoying oil barrens. The Governor's actions deny a way of life for American Indians, falsely believing an opposite action would hurt oil and gas development in the bears' habitat off Alaska's northern and northwestern coasts.
We don't need to punch more holes in pristine lands, nor to make our few Indians homeless. Citizens agree it's time to fight against global warming, not add to it.
Palin's pushy fundamentalist Christian views coupled with Texas bible classes would bring havoc to classrooms across Texas, which we do not need. Palin is not good for the Nation; she's not been tested. If we look back historically, it was the fundamentalists who led the worse blight on our Nation -- genocide of the Native People.
In Alaska she has taken just such a position.
This candidate's short history reveals scary positions, at great risk to Alaskans; and if the country should elect her, she's not ready to lead us. The women of this nation would be denied not bettered.
-- Kenneth
This candidate's short history reveals scary positions, at great risk to Alaskans; and if the country should elect her, she's not ready to lead us. The women of this nation would be denied not bettered.
-- Kenneth
In the news:
In May, Palin said she would sue the federal government after it declared polar bears an endangered species. The Anchorage Daily News reported, "She and other Alaska elected officials fear a listing will cripple oil and gas development in prime polar bear habitat off the state's northern and northwestern coasts ... Climate models that predict continued loss of sea ice, the main habitat of polar bears, during summers are unreliable, Palin said."Response from Center for Biological Diversity:
"She's either grossly misinformed or intentionally misleading, and both are unbecoming," said Kassie Siegel of the Center for Biological Diversity. ... "Even the Bush administration can't deny the reality of global warming. The governor is aligning herself and the state of Alaska with the most discredited, fringe, extreme viewpoints by denying this."
Videos: Recreate 68, Democratic National Convention
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