WHY IS CANADA ABUSING INDIGENOUS WOMEN AND ELDERS? SURVEILLANCE, CONTROL AND THE INVISIBLE BOUNDARIES OF “INDIAN COUNTRY”
For MNN by Ieriwa’on:ni ieriwaonni@live.com
MNN. July 1, 2008.
Dear Friends and Supporters: Those of us who are close to Kahentinetha and Katenies, the friends and family who spend time with them on a daily basis, would like to thank all of you for your support and kind words.
We would like to share some of the reflections you’ve sent us. Harriet Nahanni recently died in custody in British Columbia. 500 women have disappeared without any investigation. Kahentinetha survived the trauma induced heart attack inflicted on her by the Canadian Border Services Agency at Cornwall Ontario.
Katenies and her family continue to be harassed as they have been since she filed a formal court motion in 2003 asking Canada to prove its jurisdiction over her and her Nation. Her daughter Teiohontateh has filed a human rights complaint over abuse at the same border. What is MNN’s role in “Indian Country”? There are thousands of voices out there struggling to be heard. By attacking women and elders they are trying to tell us they’ll attack anyone. Will this keep us quiet? No way. Today is July 1st ,“Canada Day”.
There’s lots of drinking, flag waving and fireworks. The colonial regime whose officers committed the June 14th, 2008 assault on these two grandmothers is celebrating the foundations of their squatter state with land and resources stolen from Indigenous peoples. Why are they in such a drunken state? The violent attacks and the violations of international law demonstrate that Canada is still at war with Indigenous people.
They’re trying to forget that every square inch they stand on is Indigenous. Section 2 of Canada’s Constitution Act, 1982 declared that everyone has the fundamental freedom of “thought, belief, opinion and expression, including freedom of the press and other media of communication”. But does Canada respect its own constitution? No.
Canada does not support freedom of opinion. It has a propaganda mill to control the media. It doesn’t even allow scientists to speak to the public without running their findings past spin doctors. It suppresses historical facts and current evidence of its “serial killer” tendencies. It’s trying to make us invisible. This is one of the reasons why the media have ignored the attack on MNN personnel. An honest state would present the facts for public discussion. The public has no idea what is going on.
Why do operatives hired by the Canadian government want to shut down MNN? MNN is not a rant blog. MNN describes attacks on Indigenous Peoples. It puts into words what people are thinking and checks it out to see what’s true. It conducts critical investigations into Canadian and international corporate misconduct. It is based on solid research and thorough discussion. This panics those who parasite on “Indians” and on honest members of the Canadian public. Recently lawyer Patrick Nadjiwan of North Bay Ontario accused MNN of libel and slander.
MNN proved that its information came from the websites of his clients, the guys who were ready to sue MNN. They were slandering themselves. Their scam at Sharbot Lake couldn’t stand up to the light of day. Suddenly he was silent.
MNN has also come under attack by colonial state operatives. What really gets to them is the way MNN follows the principles of the Kaienerekowa, the Haudenosaunee Great Law of Peace. They don’t like the way MNN recognizes that we all have minds. We all have the capacity to see and hear, to think and feel. Every person’s ability to sense and understand is important. The young and the old. The steel-worker, the scholar, the tobacco-trader, the grandmother. The Onkwehonwe and the immigrant.
Each of us has a unique insight to contribute, no matter how big or small. We all have responsibilities. That means we can’t just drift along following orders without thinking or questioning.
In the past couple of years, MNN has exposed the colonial beast. The Canadian government hired young men to guard an illegal border in the middle of the Akwesasne community which was never meant for Indigenous people. They have been routinely threatening and harassing Indigenous people who have to pass there. Someone gave them orders to assault the two grandmothers. This violates the natural order. Women and elders are essential to life itself. There was no valid reason for this attempted assassination. The boundary is an artificial abomination. It was placed there by foreign invaders without any right to do so. Even so, these two grandmothers presented themselves peacefully. They waited quietly in their car for a full hour while these “black shirts” prepared their attack. Why the violence? Why the state sadism?
The appetites of the colonizers are insatiable. They do not maintain sustainable economies. They depend on the exploitation of non-renewable resources. They are conditioned to want more and more and more. Raised on mental “junk food”, they “force feed” their children fascism and call it “democracy”.
Bloated but malnourished, their senses are shut down. They cannot access the natural principles of self-determination that can be found in the “Kaianereh’ko:wa”. Their brains are starved. They have become gluttonous hungry ghosts with no control over their appetites.The Supreme Court of Canada recently ruled that CSIS cannot destroy evidence. A no brainer! This should mean the Canadian Border Service Agency cannot destroy the video tapes and other evidence of their attacks on the two grandmothers. So why does the CBSA claim nothing happened that day? Does the Supreme Court ruling on CSIS mean the CBSA is suddenly going to start thinking and acting legally? It doesn’t look like it.
How do we deal with such monsters? How do we deal with a state that uses violence to try to shut down public discussion and the law? These perverts are trying to create a climate of fear. They’re acting like the caricature of a fascist third world state. It’s not working. Many people are watching and waiting. They aren’t fooled. Canada has become a sick joke.
Some people are curious about what will happen at 9:00 am in the Cornwall Ontario court house on July 14th when Katenies appears again. Will Canada obey the default judgment? The justice of the peace who released her on June 16th was already suspicious about the irregular treatment she received. The Supreme Court of Canada is suspicious of CSIS.
Someone warned MNN: “Of course you know CSIS or RCMP have been monitoring you since MNN started…” They started way before when the Women Title Holders raised the constitutional jurisdiction question in 4 fraudulent New York State land claims in 2004 [USSC 06-165]. They all folded because they refused to respect the Indigenous law that the land can never be surrendered. Katenies raised this in Cornwall and won by default in March 2004. [Posted on MNN December 18, 2006 under “Jay Treaty”]. They can’t keep ignoring the fact that they have no authority over us, even if they have all the guns.
MNN has always advocated peace. MNN has always supported Indigenous people who resist genocide. MNN often warns about the colonial states’ use of armed force to attack unarmed demonstrators and suppress Indigenous opinion. Is Katenies a threat to the rule of law? No way. Her motion and judgment are making them shake in their socks. Yep! All of the weapons of war belong to the Canadian state. The army and the police are trying to scare people into doing whatever they say, whether or not it’s legal. But it’s not working.
As another reader pointed out: “The time has come. The mistreatment of our people is going to stop because we are all watching and telling the world about it”. People know that these two grandmothers did not bring this on themselves.
They are not responsible for the illegal and life-threatening attack they suffered. A century ago Louis Riel was hung for treason because he defended Metis rights. Today the death penalty has been banned in Canada and in international law. Canada, it is not OK for Canadian government officers to try to implement death sentences by other means such as excessive use of force and extraordinary threats and abuse?
It is not OK for border guards to put people under so much physical stress that they have heart attacks? It is not OK for the state to give their agents a license to kill Indigenous people. Ieriwa’on:niN.B. My e-mail address was written incorrectly at the end of the last article. It should be ieriwaonni@live.com. Your responses are appreciated.
This border issue legal challenge will cost money. MNN has none. Canada has unlimited funds from exploiting indigenous resources. Canada is apparently hiring top law firms to fight the Mohawks. We need counsel that will not be intimidated by this display of power.
Your financial help is needed. If you could send donations, it would be greatly appreciated: “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Thank you very much.
Phil Fontaine of AFN is a partner in CBSA’s Sustainable Development Strategy 2007-9 See Apprendix 4 for list of external stakeholders; Chris Kealey, Canada Customs Excise, Immigration Taxation Board, CBSA Media Relations 613-991-5197; Alain Joliceour, President CBSA 613-952-3200, 613-957-0612; General inquiries CBSA-ASFC@canada.gc.ca; National Aboriginal Initiative, Canadian Human Rights Commission 204-983-2189, 1-866772-4880 info.com@chrc-ccdp.ca; Canada Customs Port of Entry, Cornwall Island Ontario; Gaetan Cousineau, Quebec Human Rights, presidence@cdpdj.gc.ca; Akwesasne Mohawk police 613-575-2250 ex 2400; Mohawk Security Louis Mitchell 613-932-5183, 613-575-2340; Lance Markel, District Dir. CBSA 613-930-3234, 613-991-1214; Nurse Rachet at Cornwall Community Hospital 613-938-4240; www.,chrc-ccdp.ca; Brent Lefebvre Investigator for CBSA; Susan St. Clair, Canadian Human Rights Commission, 344 Slater, Ottawa 613-995-1151, 1-888-214-1090, 613-943-5188; National spokesperson CBSA 613-957-6500; Quebec Media Relations CBSA 514-350-6130; Handling arrest Scott Patterson; Chief MCA Nona Benedict 613-575-2250 nbenedict@akwesasne.ca; Minister Stockwell Day, House of Commons, Ottawa K1A 0A6 613-995-1702 day.s@parl.gc.ca 250-770-4480, days1@parl.gc.ca; Dave MacKenzie, Parliamentary Secretary, Public Safety, 613-995-4432;Mackenzie.d@parl.gc.ca; Melissa Leclair Communications Pub. Safety 613-991-2863; OFFICERS: 17012; 16320; 16511; 16121; 16275; Report: Mohawk grandmothers attacked by Canadian Border Services Agency guardsnooneisillegal-montreal.blogspot.com/2008/06/cbsa-attack.html
July 1, 2008
Kahentinetha recovering after attack on her life by special forces
By Brenda NorrellPhoto: Kahentinetha Horn at the Indigenous Border Summit of the Americas II in Arizona in 2007. Photo Brenda Norrell
Kahentinetha Horn, publisher of Mohawk Nation News, is recovering and has been released from the hospital. Kahentinetha, 68, suffered a heart attack while handcuffed in a police stress hold in custody, after being attacked by special forces at the Cornwall/Akwesasne border. Katenies, an editor of Mohawk Nation News, was also beaten and jailed. Katenies was thrown on the ground, her face ground into the concrete and a knee jabbed in her kidneys. The two Mohawk grandmothers were attacked by at least 10 special forces.
It was the third attempt on Kahentinetha's life. In 1990, she was targeted by a sniper at Oka. In 1995, she was beaten by police. During the attack June, 14, 2008, Kahentinetha was handcuffed in a police stress hold. When she screamed out in pain for officers to loosen the handcuffs, the handcuffs were tightened and she was told to bend over. She was in custody in the presence of a male and female officer and told to bend over. At this point, she suffered a trauma induced heart attack. Her brother who arrived quickly on the scene saved her life by ensuring that she was not left to die in the hospital. She was then surrounded in the hospital by family and others ensuring her safety. She is now resting and recovering.
It was the third attempt on Kahentinetha's life. In 1990, she was targeted by a sniper at Oka. In 1995, she was beaten by police. During the attack June, 14, 2008, Kahentinetha was handcuffed in a police stress hold. When she screamed out in pain for officers to loosen the handcuffs, the handcuffs were tightened and she was told to bend over. She was in custody in the presence of a male and female officer and told to bend over. At this point, she suffered a trauma induced heart attack. Her brother who arrived quickly on the scene saved her life by ensuring that she was not left to die in the hospital. She was then surrounded in the hospital by family and others ensuring her safety. She is now resting and recovering.
For more information on Kahentinetha's condition and letters of support: waneek@msn.ca
To send contributions to support the lawsuit against the Canadian police/special forces who beat Kahentinetha and Katenies
Mohawk Nation News
Box 991
Kahnawake, Quebec
CANADA J0L1B0
To send contributions to support the lawsuit against the Canadian police/special forces who beat Kahentinetha and Katenies
Mohawk Nation News
Box 991
Kahnawake, Quebec
CANADA J0L1B0
Please read the latest from Mohawk Nation News:
Mohawk Nation News
Brothers, Sisters, Friends and Allies:
On June 14th 2008 Katenies and Kahentinetha of MNN were beaten by the Canadian Border guards at the Akwesasne [Cornwall] Ontario crossing. Their excuse was an “outstanding warrant” issued in 2003 claiming that Katenies “ran the border” placed by the colonial state through the middle of her community. Katenies has appeared in court on this matter. On both occasions she never acknowledged the false charges and filed motions contesting the courts’ jurisdiction. She refused to stand up and started reading her motion into the record, asking: “How and when did Her Majesty Queen Elizabeth II get jurisdiction over me and my land?” On December 18th 2006 the court attempted to ignore the issue. When Katenies tried to read her motion into the court record, the court closed down. Katenies’ motion gave notice that a failure to respond within 30 days would be taken as an admission by the court that it had no jurisdiction. Canada has chosen to pursue this matter. We would like to share her motion with our readers. The motion is based on the Two Row Wampum and the Kaianerehkowa, the Great law of Peace, the constitution of the Haudenosaunee. Katenies found the Queen, the corporation of Canada and all its public and private corporations guilty of theft, etc. This will be the basis of proceedings when Katenies appears at 9:00 a.m. in Cornwall Ontario court on July 14th 2008. A case is being prepared against the Canadian Border Security Agency. The Canadian state can use the money of 30 million people and Indigenous resources to fight the Mohawks. Your financial help is needed. Please donate to “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Everyone welcome. Katenies MNN katenies20@yahoo.com Reposted July 1, 2008. Katenies [aka Janet Davis] v. HER MAJESTY THE QUEEN Information #C2202/03 SUBMITTED TO: THE COLONIAL ONTARIO COURT, PROVINCIAL DIVISION, 29 SECOND ST. WEST, CORNWALL 0NTARIO CANADA ON KANION’KE:HAKA LAND FROM: Katenies [aka Janet Davis], Bear Clan, Woman Title Holder of Turtle Island; Onkwehonweh, Sovereign, a Manifestation of All the Elements as a real, flesh and blood Human being, does take exception to Fraud committed by HER MAJESTY THE QUEEN. REGARDING: illegal invasion, trespass, occupation and assumption of authority and jurisdiction over me and my land by CANADA CUSTOMS AND REVENUE AGENCY INCORPORATED, ET. AL, PROVINCE OF ONTARIO INCORPORATED, ET. AL, CANADA INCORPORATED ET. AL, EAST INDIA COMPANY, HER MAJESTY THE QUEEN OF CANADA. FACTS:1. Kanion’ke:haka/Mohawk land comprises at least 20 million acres of Northeastern Turtle Island [NanFan Treaty from Florida to Iqualuit, see Apr. 28/08 “Ottawa & Ontariol setting up No’gonquins land fraud” ]. It is referred to as the St. Lawrence Valley, Great Lakes watershed, southern Quebec, southern Ontario, south to New York State, Vermont, Massachusetts and New Hampshire. We are the “Keepers of the Eastern Door” of Turtle Island. We are carrying out our duties as the caretakers. The natural world has given us this responsibility by rooting us in this land. Our Indigenous communities exist on Turtle Island since time immemorial and continue to have trading relations with other nations. [Trade is an international right]. We have trading relations before and after the illegal occupation of the colonial states of Canada and the U.S. We never gave Britain the right to establish their corporations on our land. Canada is illegal. Our vast territory has subsequently been illegally chopped into pieces by these foreign corporations in the name of “the Crown”. Dozens of colonial jurisdictions have been imposed on us, along with administrative bodies some of which are known as “band councils” and “tribal councils”. There are also hundreds of foreign police and military authorities patrolling our land. We are allies of Great Britain. We have never been British subjects and never will be.We have never agreed to become a part of the colonies of either Canada or the United States.These multiple illegal jurisdictions divide our communities and territory in order to break down our nations and force us to be absorbed us into their colonial polity. Crown, federal and privatized corporations have imposed themselves on our land to exploit and usurp our resources. LAW:9. According to Guswentah, the Two Row Wampum Treaty, the greatest foreign policy ever devised between nations, you agreed to respect that:i. We are a separate people from you and the land is our birthright;ii. The law of the land is the Kaianereh’ko:wa, a universal law which is the most perfect social contract ever developed by our people; andiii You would never usurp our natural tie to the land of our past, present and future generations. The Charter of the United Nations, to which Canada has given its free and informed consent, confirms that:i. the dignity, value and rights of all human beings is equal. ii. all states are required to maintain the peace and refrain from using force of arms to resolve differences with other states. The International Covenant on Civil and Political Rights; to which Canada has given its free and informed consent, recognizes that all peoples have the right to self-determination.United Nations Resolution 1514(XV) affirmed the right of all to self-determination, saying that any attempt to partially or totally disrupt the national unity and territorial integrity of a country is incompatible with the principles of the UN Charter. United Nations Resolution 1514(XV) affirmed that “the desire for independence is the rightful aspiration of peoples under colonial subjugation and that the denial of their right to self-determination constitutes a threat to the well-being of humanity and international peace”. United Nations Resolution 1514(XV) also affirmed that no people can be made part of another state unless it is “the result of a free and voluntary choice by the peoples of the territory concerned expressed through informed and democratic processes.”The International Court of Justice confirmed in the Western Sahara case that no state can absorb another without the free and informed consent of the people concerned expressed through democratic processes.The Committee for the Elimination of Racial Discrimination confirmed on March 6, 2006 that Indigenous peoples have the right to “own, develop, control and use their land and resources” and that the United States was guilty of denying this right to the Western Shoshone people.The Convention on the Prevention and Punishment of the Crime of Genocide U.N.T.S. 1021, vol. 78 (1951) states that the crime of Genocide includes:i. “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”. ii. The forced transfer of children to another social group. Section 132 of the British North America Act 1867, which was passed by the Parliament of Great Britain, accords Canada the right to negotiate with foreign states on behalf of the British Empire.As a successor state, which continues to be represented by the same Queen as Great Britain, Canada is bound by the treaties and agreements made by Great Britain.Even if Canada imagines that Britain’s assertion of sovereignty over us made us subjects of the British Empire, the Crown has a duty to govern according to the laws and customs of the land and of the people as set out in the Coronation Oath sworn by you, Queen Elizabeth II. Even if Canada imagines that Canadian laws apply to us;i. Canada has an obligation to recognize and affirm existing Aboriginal and Treaty rights as set out in Section 35(1) of the Constitution Act 1982. ii. Aboriginal rights must be interpreted according to the understanding of Aboriginal people as set out by the Supreme Court of Canada in Nowegijick v. The Queen, [1983] 1 S.C.R. 29.iii. There is no justification for perpetuating the unjust and discriminatory colonial refusal to recognize the rights and interests in land of the Indigenous peoples as stated by Brennan J. in Mabo v. Queensland [No. 2] (1992), 175 C.L.R. 1 (H.C.), at p. 42 and cited with approval by the Supreme Court of Canada in R. v. Côté, [1996] 3 S.C.R. 139 at para 53.iv. “European settlement did not terminate the interests of aboriginal peoples arising from their historical occupation and use of the land. To the contrary, aboriginal interests and customary laws were presumed to survive the imposition of foreign sovereignty, and were absorbed into the common law as rights, unless (1) they were incompatible with the Crown’s assertion of sovereignty, (2) they were surrendered voluntarily via the treaty process, or (3) the government extinguished them.” As acknowledged by the Supreme Court of Canada in Mitchell v. M.N.R., [2001] 1 S.C.R. 911, at para 10. v. The Federal Court of Australia has recognized that the Noongar Aborigines of Australia continue to hold native title to the whole of southwest Western Australia notwithstanding the implantation of substantial colonial settlements including the city of Perth as stated in Bennell v. State of Western Australia [2006] FCA 1243. ANALYSIS:You are in violation of the natural righteousness embodied in the Kaianereh’ko:wa, our Great Law of Peace, the universal law based on the natural world. Your on-going aggression against us violates nature; the Two Row Wampum, international law; and your own constitutional laws. You have been attempting to criminalize our people who protect our laws, lands and people through the use of force to impose illegal laws, codes and acts passed by foreign legislatures in which we neither participate nor wish to participate in. Your courts have recognized that Aboriginal rights must be determined according to practices and uses of the time of the imposition of British sovereignty. There were no boundaries through our communities when you arrived. We never gave your corporations the right to erect artificial boundaries to divide our community and to prevent normal community relations. You have no right to create these limitations around, over and under us, not even under your own law.According to your laws you do not have jurisdiction over territory that is not a part of the foreign corporation called “Canada”. There is no evidence that our territory has ever been ceded to Canada or became a part of it. You have never met the requirements set out in International law for incorporation of our state in yours. There has never been a decision by a clear majority of our people to join Canada. International law accordingly rejects your colonial encroachment on us and our land. Our land, the land of our future generations, does not belong to you so you have no authority to issue licenses to use our resources and our land cannot be legally developed or changed without consulting us and obtaining our consent. Our perspectives cannot be ignored. You have no right to do anything to us or our possessions without our permission. The United Nations Charter, whose terms you have consented to uphold, requires that its members cannot use armed force to resolve international differences. Your commercial enterprise known as the border between two foreign states, Canada and U.S., has no legal validity and exists only in your imagination. Your use of guns and violence to maintain your position on our land violates international law.The United Nations prohibits the disruption of family life and includes the removal of children from their parents in the crime of genocide. You are using your imaginary border to commit genocide against our people.The oath that you swore at your coronation requires you to protect the laws of the lands and people over which you claim dominion. Since you imagine that you exercise sovereignty over us, you have violated your oath through your permissive attitude that allows your subjects and the citizens of your successor states to oppress us.Canadian laws require Canada to respect our rights as we understand them. Yet Canada continues to ignore our opinions and violates our laws. I, KATENIES, PUT YOU ON NOTICE: That you must stop breaching the peace. You are inflicting torture and genocide upon us and our future posterity. Our governance is based on relations of equality and mutual respect as affirmed by the Kaianereh’ko:wa. Our relationship with the colonists is based on the Guswentah, the Two Row Wampum. We need to review the Covenant Chains that defined our original relationship. We are the trustees of all of our land for the future generations of our People, including the part upon which your corporations and your subjects are squatting. You cannot alienate us from our birthright. Your colonial successor states and corporations have failed to respect your promises to protect us from being raped, pillaged and polluted by squatters who have come here and installed themselves on our land with your protection and encouragement. Your squatters are occupying our land illegally. They are stealing our resources and poisoning our land, water and air almost beyond repair. If you do not stop them they will kill themselves as well as our future generations. Your justice system functions to allow the squatters to keep the property you stole, to continue the theft and to incriminate us or kill us to stop us from making our demands for restitution. We are the care-takers of this land. When there are negotiations or decisions to be made concerning this land you must come to our table and talk to us. The decisions you make on your own are not legal. I, KATENIES, WISH TO PROTECT MY PHYSICAL INTEGRITY, MY BASIC HUMAN RIGHTS AND MY RIGHT TO SPEAK OUT AND TAKE ACTION TO OBTAIN LEGAL REDRESS AND SO I DEMAND:38. That you stop forcing your laws on us; that you admit that your federal and provincial colonial apparatus is illegal; that you declare all their transactions null and void and that you cease your illegal operations against us immediately. That you acknowledge that our land belongs to the faces yet unborn; and that we maintain our stewardship so our children will be born free from your bondage. We will never be your subjects. That you resume dealing with us on a nation-to-nation basis and stop using your unlawfully-imposed corporate puppets known as “tribal” and “band” councils which are backed by armed threats. That you respect the “rule of law that comes from Creation, encompassing all that is good for humanity, so that people may become of one mind based on natural righteousness. Foreigners such as yourself and your corporate entities must respect the Indigenous law of our land. You cannot legislate over or judge us and you must stop attempting to do so.That you acknowledge that colonial states have no authority to criminalize us for upholding our laws and our obligations. We have an inherent right and duty to preserve our land for our coming generations through defensive and peaceful acts. For 500 years we have been resisting your colonial efforts to eliminate us and to impose your unnatural institutions on us. We wish to reinstate the lawful relationship with you once the inequities are remedied according to the principles of the Two Row Wampum Agreement. As you have not responded to my request for evidence to substantiate your false claim to jurisdiction over us, we find you guilty of genocide, violations of our freedom and our inherent right to self-determination, of theft of our lands and resources and of destruction of our environment. You have allowed your subjects and your corporations to inflict ruthless violence on us. According to Section 109 of the British North America Act, 1867, you are under an obligation to consider the “prior interest”, which is the “Indian” interest in all of your endeavors on our land and resources. We know that the bottom line of any corporation is profit. This includes collection of taxes, exploitation of our land, water, natural and mineral resources and all business your minions have conducted. You are hereby ordered to immediately relinquish all your stolen money, trust, lands, rights and possessions that were made or taken from our lands within 90 days. You must disband all your foreign corporations such as “Indian Affairs” and forfeit all foreign laws, particularly the “Indian Act”. We shall return to the original legal nation-to-nation relationship between us, the land owners and you, our visitors. You are to deposit $1.4 trillion GDP for the year 2006 into an Indigenous Trust which we, the Indigenous people, will collectively own and control. This money was created totally from your exploitation of us, our land and our resources. This payment represents your corporations’ foreign debt payment to the Indigenous people of Turtle Island. Signed on this 18th day of December 2006 in the community of Akwesasne on the territory of the Kanion’ke:haka, Katenies [aka Janet Davis] /s/ _____________Women Title Holders of the Kanion’ke:haka of the Rotinonhsonnion:we: according to Wampum 44 of our law, the Kaianereh’ko:wa, the women are the “progenitors” of the soil of Turtle Island. The women are the caretakers of the land, water and air of Turtle Island. As the trustees the women are obligated to preserve and protect the land’s integrity for the future generations.MNN Mohawk Nation News Phil Fontaine is a partner in CBSA’s Sustainable Development Strategy 2007-9 See Apprendix 4 for list of external stakeholders; Chris Kealey, Canada Customs Excise, Immigration Taxation Board, CBSA Media Relations 613-991-5197; Alain Joliceour, President CBSA 613-952-3200, 613-957-0612; General inquiries CBSA-ASFC@canada.gc.ca; National Aboriginal Initiative, Canadian Human Rights Commission 204-983-2189, 1-866772-4880 info.com@chrc-ccdp.ca; Canada Customs Port of Entry, Cornwall Island Ontario; Gaetan Cousineau, Quebec Human Rights, presidence@cdpdj.gc.ca; Akwesasne Mohawk police 613-575-2250 ex 2400; Mohawk Security Louis Mitchell 613-932-5183, 613-575-2340; Lance Markel, District Dir. CBSA 613-930-3234, 613-991-1214; Nurse Rachet at Cornwall Community Hospital 613-938-4240; http://www.,chrc-ccdp.ca/; Brent Lefebvre Investigator for CBSA; Susan St. Clair, Canadian Human Rights Commission, 344 Slater, Ottawa 613-995-1151, 1-888-214-1090, 613-943-5188; National spokesperson CBSA 613-957-6500; Quebec Media Relations CBSA 514-350-6130; Handling arrest Scott Patterson; Chief MCA Nona Benedict 613-575-2250 nbenedict@akwesasne.ca; Minister Stockwell Day, House of Commons, Ottawa K1A 0A6 613-995-1702 day.s@parl.gc.ca 250-770-4480, days1@parl.gc.ca; Dave MacKenzie, Parliamentary Secretary, Public Safety, 613-995-4432;Mackenzie.d@parl.gc.ca; Melissa Leclair Communications Pub. Safety 613-991-2863; OFFICERS: 17012; 16320; 16511; 16121; 16275; Report: Mohawk grandmothers attacked by Canadian Border Services Agency guardsnooneisillegal-montreal.blogspot.com/2008/06/cbsa-attack.html “Family furious with Customs” Posted by Trevor Pritchard, Cornwall Standard Freeholder - Saturday, June 21, 2008 Family furious with Customs See MNN Category: “ Border/Jay Treaty “
Mohawk Nation News
Brothers, Sisters, Friends and Allies:
On June 14th 2008 Katenies and Kahentinetha of MNN were beaten by the Canadian Border guards at the Akwesasne [Cornwall] Ontario crossing. Their excuse was an “outstanding warrant” issued in 2003 claiming that Katenies “ran the border” placed by the colonial state through the middle of her community. Katenies has appeared in court on this matter. On both occasions she never acknowledged the false charges and filed motions contesting the courts’ jurisdiction. She refused to stand up and started reading her motion into the record, asking: “How and when did Her Majesty Queen Elizabeth II get jurisdiction over me and my land?” On December 18th 2006 the court attempted to ignore the issue. When Katenies tried to read her motion into the court record, the court closed down. Katenies’ motion gave notice that a failure to respond within 30 days would be taken as an admission by the court that it had no jurisdiction. Canada has chosen to pursue this matter. We would like to share her motion with our readers. The motion is based on the Two Row Wampum and the Kaianerehkowa, the Great law of Peace, the constitution of the Haudenosaunee. Katenies found the Queen, the corporation of Canada and all its public and private corporations guilty of theft, etc. This will be the basis of proceedings when Katenies appears at 9:00 a.m. in Cornwall Ontario court on July 14th 2008. A case is being prepared against the Canadian Border Security Agency. The Canadian state can use the money of 30 million people and Indigenous resources to fight the Mohawks. Your financial help is needed. Please donate to “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Everyone welcome. Katenies MNN katenies20@yahoo.com Reposted July 1, 2008. Katenies [aka Janet Davis] v. HER MAJESTY THE QUEEN Information #C2202/03 SUBMITTED TO: THE COLONIAL ONTARIO COURT, PROVINCIAL DIVISION, 29 SECOND ST. WEST, CORNWALL 0NTARIO CANADA ON KANION’KE:HAKA LAND FROM: Katenies [aka Janet Davis], Bear Clan, Woman Title Holder of Turtle Island; Onkwehonweh, Sovereign, a Manifestation of All the Elements as a real, flesh and blood Human being, does take exception to Fraud committed by HER MAJESTY THE QUEEN. REGARDING: illegal invasion, trespass, occupation and assumption of authority and jurisdiction over me and my land by CANADA CUSTOMS AND REVENUE AGENCY INCORPORATED, ET. AL, PROVINCE OF ONTARIO INCORPORATED, ET. AL, CANADA INCORPORATED ET. AL, EAST INDIA COMPANY, HER MAJESTY THE QUEEN OF CANADA. FACTS:1. Kanion’ke:haka/Mohawk land comprises at least 20 million acres of Northeastern Turtle Island [NanFan Treaty from Florida to Iqualuit, see Apr. 28/08 “Ottawa & Ontariol setting up No’gonquins land fraud” ]. It is referred to as the St. Lawrence Valley, Great Lakes watershed, southern Quebec, southern Ontario, south to New York State, Vermont, Massachusetts and New Hampshire. We are the “Keepers of the Eastern Door” of Turtle Island. We are carrying out our duties as the caretakers. The natural world has given us this responsibility by rooting us in this land. Our Indigenous communities exist on Turtle Island since time immemorial and continue to have trading relations with other nations. [Trade is an international right]. We have trading relations before and after the illegal occupation of the colonial states of Canada and the U.S. We never gave Britain the right to establish their corporations on our land. Canada is illegal. Our vast territory has subsequently been illegally chopped into pieces by these foreign corporations in the name of “the Crown”. Dozens of colonial jurisdictions have been imposed on us, along with administrative bodies some of which are known as “band councils” and “tribal councils”. There are also hundreds of foreign police and military authorities patrolling our land. We are allies of Great Britain. We have never been British subjects and never will be.We have never agreed to become a part of the colonies of either Canada or the United States.These multiple illegal jurisdictions divide our communities and territory in order to break down our nations and force us to be absorbed us into their colonial polity. Crown, federal and privatized corporations have imposed themselves on our land to exploit and usurp our resources. LAW:9. According to Guswentah, the Two Row Wampum Treaty, the greatest foreign policy ever devised between nations, you agreed to respect that:i. We are a separate people from you and the land is our birthright;ii. The law of the land is the Kaianereh’ko:wa, a universal law which is the most perfect social contract ever developed by our people; andiii You would never usurp our natural tie to the land of our past, present and future generations. The Charter of the United Nations, to which Canada has given its free and informed consent, confirms that:i. the dignity, value and rights of all human beings is equal. ii. all states are required to maintain the peace and refrain from using force of arms to resolve differences with other states. The International Covenant on Civil and Political Rights; to which Canada has given its free and informed consent, recognizes that all peoples have the right to self-determination.United Nations Resolution 1514(XV) affirmed the right of all to self-determination, saying that any attempt to partially or totally disrupt the national unity and territorial integrity of a country is incompatible with the principles of the UN Charter. United Nations Resolution 1514(XV) affirmed that “the desire for independence is the rightful aspiration of peoples under colonial subjugation and that the denial of their right to self-determination constitutes a threat to the well-being of humanity and international peace”. United Nations Resolution 1514(XV) also affirmed that no people can be made part of another state unless it is “the result of a free and voluntary choice by the peoples of the territory concerned expressed through informed and democratic processes.”The International Court of Justice confirmed in the Western Sahara case that no state can absorb another without the free and informed consent of the people concerned expressed through democratic processes.The Committee for the Elimination of Racial Discrimination confirmed on March 6, 2006 that Indigenous peoples have the right to “own, develop, control and use their land and resources” and that the United States was guilty of denying this right to the Western Shoshone people.The Convention on the Prevention and Punishment of the Crime of Genocide U.N.T.S. 1021, vol. 78 (1951) states that the crime of Genocide includes:i. “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”. ii. The forced transfer of children to another social group. Section 132 of the British North America Act 1867, which was passed by the Parliament of Great Britain, accords Canada the right to negotiate with foreign states on behalf of the British Empire.As a successor state, which continues to be represented by the same Queen as Great Britain, Canada is bound by the treaties and agreements made by Great Britain.Even if Canada imagines that Britain’s assertion of sovereignty over us made us subjects of the British Empire, the Crown has a duty to govern according to the laws and customs of the land and of the people as set out in the Coronation Oath sworn by you, Queen Elizabeth II. Even if Canada imagines that Canadian laws apply to us;i. Canada has an obligation to recognize and affirm existing Aboriginal and Treaty rights as set out in Section 35(1) of the Constitution Act 1982. ii. Aboriginal rights must be interpreted according to the understanding of Aboriginal people as set out by the Supreme Court of Canada in Nowegijick v. The Queen, [1983] 1 S.C.R. 29.iii. There is no justification for perpetuating the unjust and discriminatory colonial refusal to recognize the rights and interests in land of the Indigenous peoples as stated by Brennan J. in Mabo v. Queensland [No. 2] (1992), 175 C.L.R. 1 (H.C.), at p. 42 and cited with approval by the Supreme Court of Canada in R. v. Côté, [1996] 3 S.C.R. 139 at para 53.iv. “European settlement did not terminate the interests of aboriginal peoples arising from their historical occupation and use of the land. To the contrary, aboriginal interests and customary laws were presumed to survive the imposition of foreign sovereignty, and were absorbed into the common law as rights, unless (1) they were incompatible with the Crown’s assertion of sovereignty, (2) they were surrendered voluntarily via the treaty process, or (3) the government extinguished them.” As acknowledged by the Supreme Court of Canada in Mitchell v. M.N.R., [2001] 1 S.C.R. 911, at para 10. v. The Federal Court of Australia has recognized that the Noongar Aborigines of Australia continue to hold native title to the whole of southwest Western Australia notwithstanding the implantation of substantial colonial settlements including the city of Perth as stated in Bennell v. State of Western Australia [2006] FCA 1243. ANALYSIS:You are in violation of the natural righteousness embodied in the Kaianereh’ko:wa, our Great Law of Peace, the universal law based on the natural world. Your on-going aggression against us violates nature; the Two Row Wampum, international law; and your own constitutional laws. You have been attempting to criminalize our people who protect our laws, lands and people through the use of force to impose illegal laws, codes and acts passed by foreign legislatures in which we neither participate nor wish to participate in. Your courts have recognized that Aboriginal rights must be determined according to practices and uses of the time of the imposition of British sovereignty. There were no boundaries through our communities when you arrived. We never gave your corporations the right to erect artificial boundaries to divide our community and to prevent normal community relations. You have no right to create these limitations around, over and under us, not even under your own law.According to your laws you do not have jurisdiction over territory that is not a part of the foreign corporation called “Canada”. There is no evidence that our territory has ever been ceded to Canada or became a part of it. You have never met the requirements set out in International law for incorporation of our state in yours. There has never been a decision by a clear majority of our people to join Canada. International law accordingly rejects your colonial encroachment on us and our land. Our land, the land of our future generations, does not belong to you so you have no authority to issue licenses to use our resources and our land cannot be legally developed or changed without consulting us and obtaining our consent. Our perspectives cannot be ignored. You have no right to do anything to us or our possessions without our permission. The United Nations Charter, whose terms you have consented to uphold, requires that its members cannot use armed force to resolve international differences. Your commercial enterprise known as the border between two foreign states, Canada and U.S., has no legal validity and exists only in your imagination. Your use of guns and violence to maintain your position on our land violates international law.The United Nations prohibits the disruption of family life and includes the removal of children from their parents in the crime of genocide. You are using your imaginary border to commit genocide against our people.The oath that you swore at your coronation requires you to protect the laws of the lands and people over which you claim dominion. Since you imagine that you exercise sovereignty over us, you have violated your oath through your permissive attitude that allows your subjects and the citizens of your successor states to oppress us.Canadian laws require Canada to respect our rights as we understand them. Yet Canada continues to ignore our opinions and violates our laws. I, KATENIES, PUT YOU ON NOTICE: That you must stop breaching the peace. You are inflicting torture and genocide upon us and our future posterity. Our governance is based on relations of equality and mutual respect as affirmed by the Kaianereh’ko:wa. Our relationship with the colonists is based on the Guswentah, the Two Row Wampum. We need to review the Covenant Chains that defined our original relationship. We are the trustees of all of our land for the future generations of our People, including the part upon which your corporations and your subjects are squatting. You cannot alienate us from our birthright. Your colonial successor states and corporations have failed to respect your promises to protect us from being raped, pillaged and polluted by squatters who have come here and installed themselves on our land with your protection and encouragement. Your squatters are occupying our land illegally. They are stealing our resources and poisoning our land, water and air almost beyond repair. If you do not stop them they will kill themselves as well as our future generations. Your justice system functions to allow the squatters to keep the property you stole, to continue the theft and to incriminate us or kill us to stop us from making our demands for restitution. We are the care-takers of this land. When there are negotiations or decisions to be made concerning this land you must come to our table and talk to us. The decisions you make on your own are not legal. I, KATENIES, WISH TO PROTECT MY PHYSICAL INTEGRITY, MY BASIC HUMAN RIGHTS AND MY RIGHT TO SPEAK OUT AND TAKE ACTION TO OBTAIN LEGAL REDRESS AND SO I DEMAND:38. That you stop forcing your laws on us; that you admit that your federal and provincial colonial apparatus is illegal; that you declare all their transactions null and void and that you cease your illegal operations against us immediately. That you acknowledge that our land belongs to the faces yet unborn; and that we maintain our stewardship so our children will be born free from your bondage. We will never be your subjects. That you resume dealing with us on a nation-to-nation basis and stop using your unlawfully-imposed corporate puppets known as “tribal” and “band” councils which are backed by armed threats. That you respect the “rule of law that comes from Creation, encompassing all that is good for humanity, so that people may become of one mind based on natural righteousness. Foreigners such as yourself and your corporate entities must respect the Indigenous law of our land. You cannot legislate over or judge us and you must stop attempting to do so.That you acknowledge that colonial states have no authority to criminalize us for upholding our laws and our obligations. We have an inherent right and duty to preserve our land for our coming generations through defensive and peaceful acts. For 500 years we have been resisting your colonial efforts to eliminate us and to impose your unnatural institutions on us. We wish to reinstate the lawful relationship with you once the inequities are remedied according to the principles of the Two Row Wampum Agreement. As you have not responded to my request for evidence to substantiate your false claim to jurisdiction over us, we find you guilty of genocide, violations of our freedom and our inherent right to self-determination, of theft of our lands and resources and of destruction of our environment. You have allowed your subjects and your corporations to inflict ruthless violence on us. According to Section 109 of the British North America Act, 1867, you are under an obligation to consider the “prior interest”, which is the “Indian” interest in all of your endeavors on our land and resources. We know that the bottom line of any corporation is profit. This includes collection of taxes, exploitation of our land, water, natural and mineral resources and all business your minions have conducted. You are hereby ordered to immediately relinquish all your stolen money, trust, lands, rights and possessions that were made or taken from our lands within 90 days. You must disband all your foreign corporations such as “Indian Affairs” and forfeit all foreign laws, particularly the “Indian Act”. We shall return to the original legal nation-to-nation relationship between us, the land owners and you, our visitors. You are to deposit $1.4 trillion GDP for the year 2006 into an Indigenous Trust which we, the Indigenous people, will collectively own and control. This money was created totally from your exploitation of us, our land and our resources. This payment represents your corporations’ foreign debt payment to the Indigenous people of Turtle Island. Signed on this 18th day of December 2006 in the community of Akwesasne on the territory of the Kanion’ke:haka, Katenies [aka Janet Davis] /s/ _____________Women Title Holders of the Kanion’ke:haka of the Rotinonhsonnion:we: according to Wampum 44 of our law, the Kaianereh’ko:wa, the women are the “progenitors” of the soil of Turtle Island. The women are the caretakers of the land, water and air of Turtle Island. As the trustees the women are obligated to preserve and protect the land’s integrity for the future generations.MNN Mohawk Nation News Phil Fontaine is a partner in CBSA’s Sustainable Development Strategy 2007-9 See Apprendix 4 for list of external stakeholders; Chris Kealey, Canada Customs Excise, Immigration Taxation Board, CBSA Media Relations 613-991-5197; Alain Joliceour, President CBSA 613-952-3200, 613-957-0612; General inquiries CBSA-ASFC@canada.gc.ca; National Aboriginal Initiative, Canadian Human Rights Commission 204-983-2189, 1-866772-4880 info.com@chrc-ccdp.ca; Canada Customs Port of Entry, Cornwall Island Ontario; Gaetan Cousineau, Quebec Human Rights, presidence@cdpdj.gc.ca; Akwesasne Mohawk police 613-575-2250 ex 2400; Mohawk Security Louis Mitchell 613-932-5183, 613-575-2340; Lance Markel, District Dir. CBSA 613-930-3234, 613-991-1214; Nurse Rachet at Cornwall Community Hospital 613-938-4240; http://www.,chrc-ccdp.ca/; Brent Lefebvre Investigator for CBSA; Susan St. Clair, Canadian Human Rights Commission, 344 Slater, Ottawa 613-995-1151, 1-888-214-1090, 613-943-5188; National spokesperson CBSA 613-957-6500; Quebec Media Relations CBSA 514-350-6130; Handling arrest Scott Patterson; Chief MCA Nona Benedict 613-575-2250 nbenedict@akwesasne.ca; Minister Stockwell Day, House of Commons, Ottawa K1A 0A6 613-995-1702 day.s@parl.gc.ca 250-770-4480, days1@parl.gc.ca; Dave MacKenzie, Parliamentary Secretary, Public Safety, 613-995-4432;Mackenzie.d@parl.gc.ca; Melissa Leclair Communications Pub. Safety 613-991-2863; OFFICERS: 17012; 16320; 16511; 16121; 16275; Report: Mohawk grandmothers attacked by Canadian Border Services Agency guardsnooneisillegal-montreal.blogspot.com/2008/06/cbsa-attack.html “Family furious with Customs” Posted by Trevor Pritchard, Cornwall Standard Freeholder - Saturday, June 21, 2008 Family furious with Customs See MNN Category: “ Border/Jay Treaty “
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ACLU sues Homeland Security for documents on migrant deaths in custody
ACLU sues DHS for release of documents related to immigrant deaths
by Frontra NorteSur
The ACLU sues DHS for release of documents regarding deaths of immigrants in custody. Reports of allegedly sub-standard healthcare conditions facing immigrant detainees have proliferated in recent months as the number of incarcerated immigrants has soared.
Posted on June 30, 2008
The American Civil Liberties Union filed a freedom of information lawsuit June 25 against the Department of Homeland Security (DHS) for refusing to turn over public documents related to the deaths of dozens of immigrant detainees. Filed in U.S. District Court in Washington D.C., the lawsuit requests that the court order DHS to carry out a reasonable records search and speed up the processing of documents. The ACLU’s legal action arises from alleged government abuses connected to the deaths of immigrants held in various detention facilities in the United States. The deaths were reportedly due to medical neglect. Read more ...
http://www.newspapertree.com/news/2606-aclu-sues-dhs-for-release-of-documents-related-to-immigrant-deaths
by Frontra NorteSur
The ACLU sues DHS for release of documents regarding deaths of immigrants in custody. Reports of allegedly sub-standard healthcare conditions facing immigrant detainees have proliferated in recent months as the number of incarcerated immigrants has soared.
Posted on June 30, 2008
The American Civil Liberties Union filed a freedom of information lawsuit June 25 against the Department of Homeland Security (DHS) for refusing to turn over public documents related to the deaths of dozens of immigrant detainees. Filed in U.S. District Court in Washington D.C., the lawsuit requests that the court order DHS to carry out a reasonable records search and speed up the processing of documents. The ACLU’s legal action arises from alleged government abuses connected to the deaths of immigrants held in various detention facilities in the United States. The deaths were reportedly due to medical neglect. Read more ...
http://www.newspapertree.com/news/2606-aclu-sues-dhs-for-release-of-documents-related-to-immigrant-deaths
June 30, 2008
Longest Walk Northern Route at Pennsylvania Capitol
Watch You Tube Video from today:
Thank you Roxbury News!
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By Brenda Norrell
HARRISBURG, PA -- The Longest Walk Northern Route held a rally on the steps of the Pennsylvania capitol today in Harrisburg. Walkers sang traditional songs and spoke on the purpose of the walk, with special songs and prayers offered by Jerry McDonald, Mohawk, and Art Greene, Tuscarora, and the Longest Walk Northern Route singers. Gov. Edward Rendell's Special Assistant Lance Simmens read the governor's proclamation. (Please double click to enlarge.) Photos by Brenda Norrell
Northern Route on Pennsylvania TV, Sage at Cowan's Gap:
Watch brief video
Video by Brenda Norrell
Listen to Earthcycles Longest Walk Talk Radio on the steps of the Pennsylvania Capitol in Harrisburg on Monday:
2008-06-30_harrisburgcapitolone.mp3
56:4151.91 Mb
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