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Six Nations Land Rights

This forum is for information regarding the many outstanding justice issues, land rights, human rights

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63 posts • Page 3 of 5 • 1, 2, 3, 4, 5

Countering Canada's claims -Chiefs provide oral presentation

Postby Six Nations Negotiations » Sat Nov 18, 2006 11:38 am

Update from Grand River November 16, 2006

Our lands side table meeting was held on November 14th. To me, it was an excellent day and opportunity to not only put our position on the table, but also to put OUR records and documentation of history on the table, our Wampum.

Chief Pete Sky and Sub-Chief Leroy Hill spent the morning giving an oral presentation explaining the history of our people from the time the Creator gave us our Law, the process to uphold it, to the coming of the Europeans, right to present day; using several of our original wampum which they had brought in, to explain that history and relationship with the Crown.

The first wampum explained was the Circle Wampum and how it was a very old record, given to us by the Creator, binding on the Nations and the people.

They explained the roles of the chiefs and how they are on the outer rim of the circle and how everything else, the people, our languages, our beliefs and everything else in creation is in the middle. How the Chiefs are bound by rules and responsibilities given by the Creator and how the circle ties all the Chiefs in there and how they cannot go outside of it.

They further explained how that it is possible for our people to get lost and to pass outside of this circle and how it is up to the Chiefs to give guidance. An example of this is when the Indian Act came in and this was something outside of the circle and how we've kept it outside, even today; and they explained how the Indian Act takes away from what the Creator gave us.

They explained the roles of each nation, how the council process works, the keepers of the eastern and western door and how consensus is reached. They explained further the process when there is something that is spoiling the minds of our chiefs and when consensus can't be reached and how throughout this process, how the Chiefs represent the wishes of the people and how that still exists today.

They then went on to explain the Tree of Peace and how the tree being a shelter and shaded everyone, and that there were alot of policies and arrangements so that if others wanted to follow it, there was a mechanism where they follow these roots to the tree.

Next they explained our wampum used during council, saying the best way to describe it was it being our Mace. Back in the beginning when it first came to our people, and how there were policies in place to deal with other nations who wanted to be a part of that Peace and how some others that had heard about it and wanted to take shelter under it, and how they were welcomed under that.

Talked about how the Five Nations became Six Nations when the Tuscaroras came and how it was kinda like in modern day times would be like a probation period, but how they were brought in, and while they didn't add new strings or titles on the wampum, they fit them on the Condolence Cane with the younger nations.

They explained how the Tutello's and the Deleware followed the roots as well, and how we made peace and alliance with them, and how there were many others who came as well and how alliances were made where they sat and counselled.

They then explained why we have two strings of wampum/mace and how when the RCMP came in in 1924, they stole the orginial mace along with all of our council mintues and records and how we didn't get the orginal mace back for over 60 years. The Crown thought that by stealing our wampum we would be unable to council, but the Chiefs got together and made a new one, and have been using that one ever since.

They explained further how it came to be known that some of those that were on probation having taken shelter under the Great Tree, were actually part of the conspiracy, and that they worked against the Law; but how it didn't work, they were unable to break that circle and today, our council still functions.

They then began to explain the Dish with One Spoon Wampum. They talked about a time when there was constant fighting amongst the Onkwehonweh and why the Creator sent the message to help us when we were fighting over Game. This belt shows ruling and policy and how the whole earth is covered in goodness, the white shell representing one dish, the beaver tail was symbolism that no knife (no harshness) was used, and that all the earth is goodness and everything you survive from was to belong to everyone equally, including the newcomers. It was for everyone's use and benefit. No one was left out and we all had rights and responsiblities to protect that dish. This is how the war was settled and how the Peacemaker came, and gave us the Law of the Land.

They explained a little more how the Creator had sent His Messenger and that still today, this is how it is suppose to be, we have shared hunting, shared fishing, and what we are guiding ourselves by. How we can still go to other areas, where there might be salmon, or buffalo or other agriculture, and how we still all feed from the same dish. This is one area that we have constant problems with and that this is what the Creator gave to us, and this is what we have to follow. He explained how today, it gets us in conflict with their law and there is a lack of understanding and respect there and why he has pointed this out.

They went on, now we are coming to the point of contact and how we had come to a really far reaching agreement with many nations and tribes were under the policy of eating with one dish. They explained how the British and the French were always fighting and how this area, became known as the Beaver Hunting Grounds because the beaver pelts were the economy of the day, and how the British and French were fighting over who would control it. How the British put his hand over this area on a map saying he wanted to protect it from the far north to the far south, with the King saying "I will put my hand over it and protect it, but how they needed to build forts and put weaponry in there in case the French came in" and since our ancestors and the French were at odds, our warriors could come and work with them to protect it.

This is where the 1701 agreement came from. The King asked for this to protect the area, this is what they done, and to this day, they are still suppose to protect it. It is still under agreement today, the Law of the Land was functioning when they got here, and it is still here today. Our instructions were to uphold the Law, and they explained how this was the first land scam, because the British made it a deed. For our Chiefs and our people, there was no giving up the land at all, it was only suppose to be protection, and how we didn't sanction the 1701.

Again, they explained how at this present time, we struggle with that because we still have that same concept of one dish, with our land and our resources. It was this dish that caught the British's eye, actually, the law of the land from our Creator. Our ancestors were promoting that, the four white roots to all ends of the earth, and with the arrival of the Dutch, the French and the English, we applied those ideas from that to deal with those who arrived.....with a good mind, Peaceful, and that there'd always be good friendship between us. This is when they wanted to proclaim us as son, and we told them we have to be equal or we'll run into problems, and that we'd be as brothers, standing at the same level.

And once again they explained how this is an area where we still have problems today. This is where the Two Row Wampum and the Covenant Chain comes in. How there were issues between their ship and our canoe and the many problems to be resolved and the first to make an agreement with us was the wooden shoe people, the Dutch. Recognizing the difference between us, different ways, different beliefs, different laws, different language, and they said, what you do you keep in your ship, and we have our canoe; and how we'd travel the river as two separate ships and these things or ideas between us will be tied together with a chain of friendship and how that comes from that Circle Wampum and the Chiefs being the holders of that, and that how the Dutch, the English and the French sanctioned it, as well as the United States when it was born, and they sanctioned it as long as the sun shines, the grass grows, the rivers flow, this the the Law of the Land between us, and we've never broken it, and that it still exists as long as things are in motion on earth.

They also explained how at the beginning it was a rope tied between the two, and how it later changed to a chain, and then to a chain of silver and that how every so often we'd get together to repolish it and remove the tarnish that would be the troubles between us. They told of how it was said that anytime there was trouble that they'd only have to shake their arm, and how this is what made the Crown wealthy. Many times they would shake their arm, and this made them wealthy from us. We have no other way to relate to the Crown and we have never abandoned this, this is how our ancestors laid it out for us.

When this part was done, they then went back to the mace and explained how this knowledge has been handed down and preserved and how it is in these things (our wampum) and embedded in there. It is our records, and how the Great Law was here for many generations before the arrival of the Dutch the French and the English.

They explained how in the past, just as they do today, when there is something to be investigated, the Confederacy Council will appoint delegates to go out and examine the issue thoroughly and report back to council. Just like today that this delegation has been mandated to try and resolve this and bring it back to the council fire for sanctioning. They then went on to explain how Deskaheh was given sanctioning by council to represent the Six Nations issues and how he tried all he could with the Crown with no luck, and he thought maybe we can get help from England, but no help. Then he heard about his place where the world sits together and he went to try and get justice and freedom for our issues and how he spent close to a year there. He went with an international lawyer who explained to him how the actions of the Crown were that of Genocide and that they would get protection. This never happened. What he got was banished and Canada told him if he comes back, his body parts would be spread across the world because he humiliated Canada. He died and was buried in Tuscarora, and Canada did this to him. His nephew know well what happened to him and what his family experienced. They tried to use those laws, supposedly world laws, to protect our interests and the Chiefs of the day were in agreement, cause they thought if this was true, he wouldn't have been exciled or threatened with his life.

At this point, a video of Deskaheh's nephew, Chief Cleveland General was played. In the video Chief General explains how it was the understanding of our people that there came a time when the Crown wanted to build a road connecting Lake Ontario to Lake Erie, and they would build this road of planks. This is how it became known as Plank Road. He talked about how this was only a lease and how today, that road is still a lease and title still is with the Six Nations. He explained how the lands around it were to be leased only to ploughs depth and that anything below that, they were suppose to get sanctioning from the confederacy council. He also talked about how there was to be no liquor sold on that road. He then explained how Joseph Brant was sanctioned to deal with some of the land.

When the video was finished, Pete asked Jock to explain more about what Chief General had told about Joseph Brant and what went on back then. Jock explained how Brant had been given sanctioning by the Six Nations who had formulated an idea to get the land cleared for agricultural purposes and how the money that would come in from leases would be on a continual basis as an ongoing income. This is where the original 4 blocks of Brantford were leased, under a 999 year lease. The chiefs had figured this idea would work back then and how in almost 1000 year lease, the income would be coming in before the mortgage was up. What Brant did though, was he went beyond his mandate and leased blocks 5 and 6 as well.

Jock also told them how what Chief General told us is the understanding here, in this mace, and how the decisions and words of record are in the mace and the knowledge that we're relying on is what has been passed down, and that Chief Generals uncle's father was sitting there, and how it is fairly fresh in his mind like these issues with Plank Road.

Jock also explained when questioned, how the records that were stolen along with our mace in 1924 were never returned, how our Confederacy Council puts things under their pillow if they don't have concensus, and how these things that are embedded in our wampum, meaning that at each council we refresh our minds with the past council minutes so that things aren't forgotten, and that this is how our history has been handed down, generation after generation.

Chief Sky also continued explaining the relationship between the ship and the canoe and how it was clearly defined what was going to happen and that the Crown created a force, and some matters were given ie; murder, rape and theft, and it was defined clearly. They were there supposedly to protect us - it was a mutual protection, and how it went beyond that and how the crown took it further with the RCMP in 1924.

Chief General explained to him how the one's who taught him told him about the red jackets, and how the red coats were there to control the crowns people, not ours and how it is clearly defined by treaty and the reason we are telling you this is because you are making it like our people are lawless and that there is no lawlessness on our side, and how the role of the police was clearly defined by treaty and that how they were suppose to protect what was between us, but now they use it against us, and this is another thing we need to get straightened out. The Creator gave that to the Confederacy to look after as far as the well being of our people.

And then they talked about "surrender" and the difference of understanding. It was always the understanding of our Chiefs that what they were doing was authorizing the Crown's peacekeepers to look after the squatters. Back then there were friends of the Six Nations that had agreed to follow the concepts of the Great Law and how we agreed to keep them close by, and that they would help with agriculture.

They referenced the Nelles', the Youngs' the Empire Loyalists, and how the Six Nations have not given up the land to this day and what the Chiefs had sanctioned and what was written as a surrender by the Indian Agent and his friends had a different thinking and idea than the truth. They were exploiting and taking advantage of the generosity and benevolance of what we had in place. Again, the Six Nations had a long range plan to have the non-natives clear the land and remove the stumps as a short term lease so that it would be ready for our future use. What the Chiefs were doing was giving the Crown sanctioning to protect us from the squatters, and how when the Crown presented their legal position two weeks ago, they blamed the squatters on us.

It was the Indian Agent and his colleagues who were encouraging squatters to get the land, and the Six Nations were sanctioning the Crown and their police force to protect us from the squatters so that we'd always have land. This is altogether different than what was written and what is in our mace. What we thrashed out in council is different than what the Indian Agent put down and it began with the 1701. Blocks 1 - 4 in Brantford is still ours, with roughly 797 years of payments to be made. Our understanding of sanctioning the crown to uphold and protect, was taken and written down as a surrender.

This too has to be clarified. It was never said we'd given up our land. It is forbidden for Chiefs to think that way, we have to help our people preserve for the future.

Chief Sky ended the morning further explaining what was being presented and what they are seeing here, is what decrees who we are. Our policies and what we've done with the land. This is what's been handed down and these wampum are the record of that memory. This is to show our proof and has been our proof of what our ancestors put there for the coming faces and what the Crown has, can't cancel this out, and what happens between us, this can worked out.

The afternoon was filled with more current facts and documents presented by local historian Rick Hill, and Six Nations/Haudenesonne Research Delegate Phil Monture. Both men gave a detailed accounting and rebuttal of the document tabled by the Crown at our meeting a couple of weeks ago, and clearly pointed out many dates, council minutes, documentation and correspondence between Six Nations and the Crown, concerning many areas of conflict with respect to the underhanded and double dealing of the Indian Agent at the time, summarizing how it was all part of a scheme by the Crown to get our lands from us. While Rick Hill pointed out that for every conclusion they have, we can find published documentation to the contrary, Phil cited document after document as proof that there was a constant notice to squatters from the Crown and that it was quite explicit in notice given to settlers on plank road who were without license to vacate our lands. There was even documentation in January of 1844 from the Governor General at the time to a number of persons who had intruded on Six Nations lands and that such persons were to be removed from the tract.

Rick Hill challenged the Crown that there is no documented evidence that the Plank Road itself was ever surrendered, and Phil backed up that position stating that the Plank Road, Hwy #6, is still under the jurisdiction of the Six Nations. Phil also tabled a colour coded map which showed specifically lands that the Six Nations had never been paid any monies toward their leases, and that the majority of the town of Caledonia falls under those lands. The Crown began issuing patents for lands within the town plot of Caledonia in spite of the many protests from the Six Nations.

They also went into detail of how the Grand River Navigation Company put a system in place to induce the selling of our lands, and promoting squatters to staying on the land telling them if they have to be moved, Six Nations would have to pay for it. There was even evidence from some of the trespassers to say the Crown weren't in any way giving option to Six Nations in what was to happen with their lands and how it was a scheme to get the land away from Six Nations with no compensation. In the 1800's the Six Nations wanted to hire lawyers to stop this fraud, and Canada passed a law forbidding Natives from hiring lawyers. Six Nations position remains the same, there is no surrender document.

Clearly, the Six Nations presented a full and complete history not only of how the Crown had frauded our lands away, but also how they had usurped the authority of our Traditional Government, imposed their laws on our people which is a violation of the ancient agreements between us, but far more concerning, a Direct Violation Against Creation.

It is my opinion, that as of the 16th of November 2006, the Crown has been put on notice, and has been spirtually reminded of their responsiblity in upholding the Law of the Land. It is the Honour of the Crown that is in question as the Onkwehonweh have continued to uphold our responsiblities to our lands, our law, and our people. And it is the Crown who will answer to the Holder of the Heavens for the many violations of the Law of the Land that was given to us, and the violations against His Children who were given the job to protect it.

In Love Light and Peace,

Hazel

(c)
Six Nations Negotiations
 
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Lawyer threatens Aboriginal Affairs Minister

Postby Caledonia and Ipperwash » Thu Nov 30, 2006 7:07 pm

Open Letter to Minister David Ramsay

TORONTO, Nov. 30, 2006

VIA DELIVERY

The Honourable David Ramsay
Minister of Natural Resources
6630-99 Wellesley Street West
6th Floor
Whitney Block
Toronto, Ontario
M7A 1W3

Dear Sir:

Re: The Ipperwash Inquiry

We are counsel to the Honourable Michael D. Harris and represent him in
The Ipperwash Inquiry.

In the legislature yesterday your government was questioned by a
Progressive Conservative member regarding ongoing events in Caledonia,
Ontario.

As is well known, the protracted occupation of lands at Caledonia is the
most significant First Nations occupation to have taken place in Ontario since the occupation of Ipperwash Provincial Park commenced in 1995. It is also well known that a tragic outcome of the occupation of Ipperwash Provincial Park was the death of Dudley George, one of the occupying persons.

In responding to the questioning yesterday you made the following
statement:

I would very much proudly stand in my place and say that we are very
proud of our approach, compared to a past approach that cost a life in
Ontario, the first time an aboriginal person has lost their life in this
province.


The plain implication of your statement was that the death of Dudley
George at Ipperwash was caused by the approach to the occupation there by the government of Premier Harris. You were no doubt aware when you made the statement that this false allegation has previously been made by members of your party.

You either know, or should know, that your statement yesterday was
unfounded. Your government's own written submission to The Ipperwash Inquiry acknowledges that the policy of the government of the day had no effect on decisions made at Ipperwash Provincial Park by the Incident Commander of the Ontario Provincial Police. In those submissions your government also specifically accepted that the action taken by the government - the seeking of an injunction - was a legitimate option for the government that played no role in the death of Mr. George.

In addition to being plainly false, your statement yesterday demonstrated a complete disregard for The Ipperwash Inquiry's process and was also clearly improper on that ground.

On behalf of our client, consider yourself on notice that he will not
tolerate your making, expressly or impliedly, false and defamatory allegations against him regarding the Ipperwash matter. If you make such statements outside the legislature legal proceedings will immediately be commenced against you personally.

Yours truly,
Peter A. Downard

cc. W.A. Derry Millar
Lead Commission Counsel
The Ipperwash Inquiry

For further information: Peter A. Downard, Direct (416) 865-4369,
pdownard@tor.fasken.com

- - - - - - -

This is what was said in the Ontario Legislature on Wednesday November 29th, 2006

NATIVE LAND DISPUTE

Mr. Norm Miller (Parry Sound-Muskoka): I have a question for the Premier. Newspapers across the province have harsh words for your handling of the Caledonia occupation. Let me refresh your memory.

The Simcoe Reformer calls the McGuinty approach to Caledonia "impotence at its worst," and says that every man and woman in your caucus should be ashamed.

The Hamilton Spectator noted that there was "precious little evidence of progress."

The Sudbury Star and North Bay Nugget warn that "there is a dangerous precedent being set."

Premier, you have proven time and time again that you are prepared to concede every position you've taken. You said there would be no further negotiations until there was co-operation from First Nations in apprehending individuals wanted by the police for violent acts, including attempted murder and assault. There is still a warrant out for a gentleman wanted for attempted murder.

Why have you reversed yourself and continued negotiations?

Hon. Dalton McGuinty (Premier, Minister of Research and Innovation): Speaker, to the minister responsible for aboriginal affairs.

Hon. David Ramsay (Minister of Natural Resources, minister responsible for aboriginal affairs): I'd say to the member that he should feel proud, being a member of this Legislative Assembly, of how Ontario has handled this very volatile situation, that we have lowered the temperature of this dispute. There has been no loss of life. While there have been minor incidents over the duration of this occupation, there has been no serious injury to people.

This government has responded not only to the concern of the Six Nations, which basically is a problem between them and the federal government, but we have reminded the federal government of that. We were the ones who did step in and got this onto a table of discussion, away from the heat of an occupation. It is very quiet now and we are working towards a solution at that table that we designed.

Mr. Miller: Premier, proud? Almost 300 days that this occupation has been going on, millions of tax dollars spent. The community is still disrupted.

You and your minister responsible for aboriginal affairs have contradicted yourselves so often I can hardly keep track. Before your recent attempts to rewrite the facts, your government said that the occupied land in Caledonia did not constitute a land claim, but was rather an accounting dispute. Your handling of the Caledonia affair is another prime example of your "say anything" approach to government.

Let me remind you of something else you said. In August, you said that it would be unacceptable for the occupation to continue through the winter. Well, Premier, winter is almost here. Do you stand by your comments made this summer, or are you planning on contradicting yourself again?

Hon. Mr. Ramsay: I would very proudly stand in my place and say that we are very proud of our approach, compared to a past approach that cost a life in Ontario, the first time an aboriginal person has lost their life in this province. That was not the way we were going to proceed with this; it's not the way we are proceeding with this. We have cooled this down, and we've brought this to a negotiating table. That's the way we're dealing with this and that's the way we're going to continue to deal with this.
Caledonia and Ipperwash
 
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Local community activists/peacemakers assist Six Nations

Postby Support for Six Nations » Sat Dec 09, 2006 10:42 am

December 08, 2006

A Message from Community Friends Regarding Support for Political Prisoner Trevor Miller and Six Nations:

Dear friends,

We are writing to let you know of a number of important upcoming events that will be happening in the course of the next week to build support for Six Nations political prisoner Trevor Miller. Trevor is a Six Nations Mohawk of the Turtle Clan who has spent more than four months in jail after being arrested for his involvement in supporting the reclamation site. Trevor has been politically targeted and faced repeated harassment due to his steadfast support for the reclamation, and currently sits in jail without bail awaiting trial. In August of 2006 he was arrested while supporting an indigenous blockade in Grassy Narrows on charges relating to an altercation that had occurred at the reclamation site in June.

We believe that it is crucially important that all supporters of Six Nations demand the immediate release of Trevor Miller from the colonial Canadian prison system. We believe that Canadian courts have no jurisdiction over the Six Nations people and that the issues stemming from the reclamation of the Douglas Creek Estates must be resolved by recognizing Six Nations rights to the Haldimand Tract and not through the criminalization of dissent and repression of the people of Six Nations.

In order to support Trevor and to put pressure on the Canadian government to release him Community Friends requests your support in the following ways.

- On Saturday, December 9 from 3 p.m. to 5 p.m. we are organizing a peaceful vigil to be held outside of the Barton Street Jail in Hamilton, Ontario where Trevor is being held. Please bring signs, flags, drums and noisemakers.

(The following link provides a map:
http://maps.google.com/maps?f=q&hl=en&q ... iwloc=addr
)

- On Monday, December 11 at 9 a.m. we encourage all supporters of Trevor Miller to attend his bail review hearing at the courthouse in Cayuga.

(The following link provides a map:
http://maps.google.com/maps?f=q&hl=en&q ... iwloc=addr
)

If Trevor is not granted bail on Monday, December 11, we will be holding another peaceful vigil outside the Barton Street Jail beginning at 5 p.m on Thursday, December 14. At 6:30 p.m. that night we will march from the jail to Solidarity House (at 779 Barton St East) where we will hold a public meeting of Community Friends (at 7 p.m.) to discuss how we can continue to build a broad based campaign to support Trevor Miller, the reclamation site and the people of Six Nations.

(The following link provides a map to the meeting location:
http://maps.google.com/maps?f=d&hl=en&s ... 47035&om=1)

We also encourage all supporters of Six Nations to write letters of solidarity to Trevor. These can be addressed to him at:

Trevor Miller
165 Barton Street East
Hamilton, Ontario
L8L 2W6
Range 5CR

Finally, funds are also urgently needed to pay for the legal costs incurred by Trevor and his family in fighting these charges. Please make checks payable to "Gertrude (Trudy) Miller" and mail them to P.O. Box 221,
Ohsweken, N0A 1M0.

In Solidarity,
The Members of Community Friends.

Community Friends is an organization comprised of Caledonia residents, members of the labour movement, community activists, and people from Six Nations working together to support the Douglas Creek Estates reclamation and to support indigenous sovereignty.

Jan Watson, a spokesperson for the group is available for comment and can be contacted by phone at 289-284-0154.

The webpage of the group is available at www.honorsixnations.com
Support for Six Nations
 
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Caledonians Stew in Nasty Juices as Six Nations People Heal

Postby Six Nations Healing » Sat Dec 30, 2006 8:00 pm

Caledonia Stews - Six Nations Heals . . .

News and Comment
by Tehaliwaskenhas
Bob Kennedy, Oneida
Copyright
Turtle Island Native Network

December 31st, 2006

Six Nations people are engaging in a major healing process, as non-natives in Caledonia and the anti-native outsiders who have been inciting them, continue to fight a war of words against the provincial government and the provincial police.

2007 will begin at Ohsweken with the Six Nations Haudenosaunee formally moving back into the historic Confederacy Council building on the Fourth Line road.

Built in 1864, it served as the council house for the Six Nations Confederacy Council until 1924 when the council was ousted by the Canadian government, and an elected band council was created.

With a ceremony on New Years Day, Six Nations people will mark a turning point in their collective history by returning the building to the Haudenosaunee Chiefs.

The move is being heralded as the start of a healing process to restore Haudenosaunee identity to Six Nations.

All Six Nations people and supporters are welcome to attend.

A potluck gathering will follow the ceremony.

To say the least, the dyanmics of the community have evolved passionately and positively over the past year, greatly influenced by the land reclamation movement and action at Caledonia.
http://www.turtleisland.org/news/news-sixnations.htm

- - - - - - -

2006 ends on a relatively peaceful note and as affirmed recently by the Ontario Court of Appeal, negotiations are still the preferred way to address Aboriginal issues in Canada!

"The two broader questions that surround the standoff – the validity of the Six Nations land claim, which gave rise to the protest, and the wisdom of permitting the protestors to remain on the property while the land claim negotiations continue – are not before this court. The first question will, preferably, be resolved at the negotiating table. The decision on the second question rests with the Ontario government." Justice John Laskin J.A December 14, 2006

Earlier this month, the Ontario Court of Appeal ruled in favour of the Ontario Government and the O.P.P., overturning an earlier controversial ruling by the Superior Court of Justice. . .

"I have concluded that the motions judge erred in refusing to dissolve the injunction on July 5 when the Ontario government purchased Douglas Creek Estates from Henco, and I have been critical of his conduct of the contempt proceedings. I should also say, however, that appellate review invariably takes place with the benefit of time, distance and a measure of detachment not always available to a trial judge."

"For many months the motions judge presided over a dispute that often seemed incapable of any resolution, produced great hostility in the community and interfered with the daily lives of many residents in Caledonia. His task was not an easy one. A review of the record of the many court appearances shows without qualification that the motions judge exhibited great patience throughout, gave all parties and their counsel a fair opportunity to make submissions on how best to proceed, and sought to balance everyone’s rights while maintaining respect for the orders of the court." http://www.turtleisland.org/news/sxncourt06.htm
Six Nations Healing
 
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Anniversary Call To Action To Urge Respest for Land Rights

Postby Six Nations SOLIDARITY! » Thu Feb 22, 2007 10:50 am

Union of BC Indian Chiefs congratulates Iroquois Confederacy Chief Alan McNaughton
and the Mohawk People of the Six Nations of the Grand River Territory

PRESS RELEASE
FOR IMMEDIATE RELEASE
February 28, 2007

On behalf of the Union of British Columbia Indian Chiefs, we would to congratulate the Mohawk People of the Grand River territory on their one year anniversary of successfully reclaiming part of their territory that was ceded to them as part of the Haldimand Proclamation some 200 years ago.

We fully support the view of the Confederacy Chiefs, the Government of Ontario and the Ontario Provincial Police insofar as their collective condemnation of the Government of Canada's refusal to take full responsibility for resolving the land rights dispute at Caledonia, Ontario

Recently, the Government of Canada's Senate Standing Committee on Aboriginal Affairs released a report concerning the growing tensions and frustrations attached to unresolved Native land-right disputes in Canada. The Senate Report was entitled, "Negotiation or Confrontation - It's Canada's Choice".

Obviously, as we have witnessed in Caledonia, Prime Minister Harper and Minister of Indian Affairs have chosen, through their deliberate refusal to take a leadership role in resolving the standoff at Caledonia, the dangerous and volatile path of confrontation.

Alongside many other First Nations Elders, Leaders, Aboriginal organizations, Grassroots people, human rights groups and organizations, the Union of. BC Indian Chiefs continue to support the Elders, Confederacy Chiefs and Haudenasaune People of the Six Nations of the Grand River.

- 30 -

For further comment Grand Chief Stewart Phillip, (250) 490-5314

- - - - - - -

"On February 28th it will be one year since the land reclamation began.

Everyone in Onkwehonweh Territories needs to make the Crown understand that we ARE standing together in UNITY.

That Canada, in right of the Crown MUST uphold its obligations to the Treaties."
Update from Hazel Hill at Kanonhstaton

February 24, 2007

Good Morning from Grand River.

Well,I know everyone has been waiting patiently to see whats happening. It's like watching a movie and then having the next episode postponed indefinitely, no idea how the ending is going to be. Well, its the same for those of us here. We never know from one day to the next how things are going to be. With all of the instigating that still goes on, from the stealing of flags to try and get a rise out of us, to the hate mail and death threats that go out through the internet targeted at individuals involved. Its physically and spiritually exhausting. However, it is also a definite and clear message to the people at Kanonhstaton. It helps to keep us strengthened to continue, so, in that respect, we turn it around and say Nya Weh for the support.

It's been a difficult task for me to update when there hasn't been a lot of things to report. But on Thursday, we had an excellent day at the lands side table and main table meetings, with our Chiefs taking a strong position again with the Crown.

Sub-Chief Leroy Hill made a direct hit in the morning by tabling evidence that supports the position that the Six Nations has taken all along........ that in fact, the Crown's intention all along was to swindle the lands from the Six Nations as well as encouraging squatters to settle on our lands. The area we concentrated on providing the evidence for is the plank road, but there is plenty of evidence to prove the point all up and down the grand river.

The evidence included a map which shows the lots that were being sold PRIOR to the so-called surrender that the crown is claiming to have recieved from the Six Nations and it clearly shows some of the lands along plank road, including Kanonhstaton, the former Douglas Creek Lands, as being sold in November when they claim to have received their surrender in December. Further to that evidence we also tabled documentation that supports the fact that other lands along the Plank Road were being sold in July, 5 months prior to when they claim our people surrendered it.

We also were able to provide documentation that shows the squatters were being given "pre-emptive rights to the land" for their efforts in clearing the lands for the purpose of building plank road. Everything we have been stating all along, everything our elders and ancestors have told us through our oral history, everything our elder Chiefs and historians presented to the Crown at the main table a few months ago, and everything the people have stated from the beginning when we took back the land; was evidenced in the documentation we tabled yesterday.

The response of the Crown of course was the same as it has always been. The information we provided is nothing new to them, they are aware of the documents, but they still believe the Six Nations has no legal claim to the land, however they will take the information as it was provided today, back to their department of justice for their consideration.

At this point Chief MacNaughton reminded the Crowns Agents that the most important point in this negotiation process is that the legal interpretation of Canada is irrelevant and that the table itself is a direct result of the precedent set by Canada in its attempt to extinguish 'aboriginal' title and that they continually change their laws to justify the theft of our lands and the extingushment of our rights.

He further reminded them that this table has an opportunity to step outside of the box and that it is time for the Crown to recognize the moral wrongs of the past and begin to rectify them. Canada did acknowlede that they are trying to figure out how to deal with the Six Nations as we have clearly stated that we are not interested in monetary compensation and quite honestly they have never even had to consider the option of returning the land.

Our position is clear, we are taking back our lands, lands that were stolen and swindled away, and lands that currently are being swindled away.

To support our position, we recently had one of the major developers in Southern Ontario present to the Crown their findings on the research that we asked them to do. They were asked to research the title to the land which they now have in their possession and that they are currently considering for development. These lands are within the Haldimand Tract, currently part of Brantford, and the result of their research is similar to that of the lands in Haldimand. The Crown unilaterally issued patents in this case it was in 1853; and there is a huge gap as to how it went from Six Nations to the Crown. The gap is there because there is nothing that exists to show that we relinquished it. There was no surrender, there was no sale. These lands were intended for the purpose of leasing only and throughout the grand river tract, you will find this practice of the crown over and over again.

In fact, at a recent speaking engagement, I encouraged everyone living within the Haldimand Tract to do their own title searches on their property, and find out exactly how these lands came into their possession. I am confident that they will come back with the same results, the Crown unilaterally issued patents without authority and without sanctioning, and those individuals have been frauded by the Crown just as much as the Six Nations has, and today they continue to be frauded because they are paying the taxes on those lands, taxes that Canada has no authority to levy.

So, all in all, we've had a long year. It will be the first anniversary of the land reclamation of Kanonhstaton on February 28th.

At this point, I don't believe the Crown is taking seriously the position of the Onkwehonweh. I don't believe they have any intention to turn back the lands of Kanonhstaton according to original title, anymore than they intend to turn back any of the other lands that they openly admit to stealing like Burtch, South Cayuga, Port Maitland, Townsend etc. Their only intent is to keep it as Crown lands with the intended use for Six Nations. They want to be able to dictate how this land will be used, and they want to continue to benefit from the lands.

All I know is that from the beginning the people have said, the lands are to be returned to original title, and not according to the Indian Act, because quite frankly, the land is ours. It has always been ours. We've offered enough evidence to prove it, we don't need their paperwork to prove it. Whatever the Crown has to do to adjust its records to rectify its wrongs is entirely their business and has nothing to do with us. We will use the lands for our use and benefit as was intended, for as long as the grass grows, the rivers flow........etc. That IS being a Nation.

The only other thing I want to touch on in this update is the Unity of the people that has been building throughout this year. We have alot of people who have been working very hard to bring the Onkwehonweh together. Alot of people within the confederacy council and alot of people within the band council. Alot of people from Grand River, and alot of people from the other Onkwehonweh Territories. Alot of people from other parts of the world who are supporting us. Those who have organized rallies and fundraisers, we send our thanks because it truly has been amazing to have all of your support and prayers. The people who envision a Six Nations that is united on all issues, just as we stand united on the land at Kanonhstaton. It will not be easy and it will not be quick. But we cannot let those who choose to look for divisions to detract us from that goal.

It is no secret there are factions within our territory. It is no secret there are factions within all Onkwehonweh Territories. It is not uncommon that there are factions within any Nation or Country out there, including Canada.

In their system their factions are called "opposition parties". So just because we are human like the rest of the world, does not take away from the fact that the Crown has obligations to the Treaties to uphold, regardless of who the people sit at the table to deal with them. It does negate from the fact that Confederacy Council, that the Peacemaker helped us to establish, is a working body of Five Nations, working together, in Unity, Peace, Friendship and Respect, and it has a job to do. The same job that was given to us several hundreds of years before the coming of the Europeans. To oversee all the lands of Turtle Island and to uphold the Peace. That responsibility has never been taken from us and those of us who understand and accept our obligation to that, will continue on the path that has been set before us.

All of the Onkwehonweh working TOGETHER. This is the message I would like to send to all of our supporters, both native and non-native who are standing in Unity with us. Do not allow the white serpent to worm its way into your circle to try and disrupt and undermine. It has reared its head once again in Grand River, but once again, we will stand in the light and in defence of what was given to us all, the Onkwehonweh throughout the world, and will continue to work toward upholding and protecting that Peace for All.

On February 28th it will be one year since the land reclamation began. Everyone in Onkwehonweh Territories needs to make the Crown understand that we ARE standing together in UNITY. That Canada, in right of the Crown MUST uphold its obligations to the Treaties. Regardless of the fact that the Crown had no authority or sanctioning to hand those responsibilties to Canada, it is a responsibility it has taken and accepted with its constitution act. Our actions here at Kanonhstaton have apparently not been enough to convince them of this fact. We need all of our supporters to make a STRONG statement on February 28th and send a clear and concise message of the Unity of all the Onkwehonweh in this world.

According to a message that was delivered to me, apparently we have not shaken the earth enough for them to understand what they are doing, not only to the Onkwehonweh with their continued development, but what they are doing to their own future by destroying our mother earth. It is up to the Onkwehonweh to send that message that we have had enough. Enough of the encroachment of our homelands, enough of the intrusion of their laws within our circle and enough of their paternalistic attitude toward our people. We must stand united. Nya Weh Kowah!

In Love, Light and Peace,


Hazel
thebasketcase@on.aibn.com

- - - - - - -

AN APPEAL FOR TURTLE ISLAND WIDE SOLIDARITY
AND ACTION IN SUPPORT OF SIX NATIONS!

** Actions in Toronto and Montreal on February 28th, 2007**

One year is too long! Recognize the rights of Six Nations!

February 28th, 2007 marks the one-year anniversary of the Six Nations Land Reclamation. One year ago, a group of people from Six Nations took back a
piece of their land that was under construction by developers and demanded an end to the destruction of their land and to settler encroachment on their
territory.

Now, one year later, the Canadian government has yet to recognize the truth: that this land is not owned by them nor can it be sold by them. It is
Haudonausaunee (Iroquois) territory, stolen and sold by the colonial authorities illegally.

The people of Kanohnstaton, formerly "Douglas Creek Estates", have asked for and encouraged solidarity actions and a pressure campaign in support of the
Reclamation. The Six Nations Land Reclamation needs your support and solidarity to make the Canadian government understand that Six Nations is not alone. We must speak out against the injustices of colonial land theft and genocide and take a stand for dignity, indigenous land rights, justice and autonomy.

Despite the disinterest of the mainstream media, the Six Nations Land Reclamation represents a pivotal example in the history of indigenous decolonization in Turtle Island. We, as people living on stolen land, have a responsibility to support and demand that Haudenosaunee land rights and sovereignty be recognized. We must also demand that the government
immediately cease the criminalization of those who have been involved in the Reclamation, as over 32 people continue to face bogus charges for defending
their rights. It is time to stop spending tax-payer money on negotiators' and OPP salaries, to stop the lies, and to recognize the treaties between the Haudenosaunee and the colonial powers.

The federal and provincial governments recently brought a pack of lies on paper to the negotiation table, claiming that Six Nations sold their land.
Let them know that we will not be swayed by age-old colonial tactics of forgery and false dialogue. If the government has any issues with the Iroquois protecting their own territory, we suggest that they file a land claim with the traditional Haudenosaunee Confederacy, whose credibility outweighs that of the Canadian government by a very large margin.

==>>> FAX/EMAIL/PHONE: February 26th to March 2nd, 2007

Speak out and make your voice heard!

We have been asked to participate in a week-long fax, email and phone campaign to government "negotiators" and representatives starting on February 26 and ending on March 2, 2007. The contact information for this week-long pressure campaign can be found below. A sample letter is provided as well. Please take the time to make your voice heard, and make the
government accountable for its unlawful actions and illegitimate claims.

==>>> TAKE ACTION: February 28th, 2007

Invitation to organize local activities and/or actions!

The people of Kanohnstaton have asked for support demos and rallies for the one year anniversary. Local actions that can exert political pressure on our
government are needed and encouraged. If you can organize locally, please let the people at the Six Nations Land Reclamation know. You can organize a
delegation to a governmental body to deliver a letter, hold rallies and demonstrations, or simply participate in the week-long pressure campaign.

******************************

In Montreal, supporters will rally at the federal government buildings located downtown at noon. Speakers from various Haudenosaunee territories
will join us in the speak-out.

MONTREAL SPEAK OUT & RALLY
Wednesday, February 28th, 2007
12PM
Complex Guy-Favreau
200 Réné-Lévèsque O. (métro Place des Arts)

Bring noisemakers and banners of solidarity!

Should you wish to get involved in the organizing or mobilization for the Montreal Rally and Speak-Out, please contact 6nationssolidarite@gmail.com

******************************
*

In Toronto, supporters will gather at the provincial government buildings, seat of the Liberal government and of the Lieutenant Governor, the Queen's
representative in Ontario. All are welcome to speak out in support of Six Nations.

TORONTO SPEAK OUT & RALLY
Wednesday, February 28th, 2007
12 PM
Queen's Park (Front Lawn)

Bring noisemakers and banners of solidarity!

Should you wish to get involved, please contact ocap@tao.ca


==>>> FEBRUARY 26 to MARCH 2, 2007

WRITE TO FEDERAL AND PROVINCIAL AUTHORITIES TODAY!

February 26th to March 2nd week-long fax, email and phone campaign to negotiators and government representatives:

Demand:

1) That the government stop its' stalling tactics and recognize Six Nations title to the land once and for all.

2) That the government stop criminalizing the people of Kanohnstaton.

3) That the government fully recognize the traditional Haudenosaunee (Iroquois) Confederacy, the traditional government, and stop undermining the
Confederacy they have been trying to squash since 1924.

*(Sample letter below…)*

To voice your concerns and demand that the government recognize Six Nations Land Rights, send an email, phone and/or fax:

Prime Minister Stephen Harper
Office of the Prime Minister
80 Wellington Street
Ottawa
K1A 0A2
Fax: 613-941-6900
Email:
pm@pm.gc.ca
https://mail.resist.ca/src/compose.php? ... 40pm.gc.ca

Jim Prentice, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Metis and Non-Status Indians

Parliament Hill: House of Commons
Ottawa,
Ontario
K1A 0A6
Telephone: (613) 992-4275
Fax: (613) 947-9475

Email: Prentice.J@parl.gc.ca

https://mail.resist.ca/src/compose.php? ... parl.gc.ca

Barbara McDougall, Federal Negotiator

Former Cabinet Minister
c/o Jim Prentice, Minister of Indian Affairs and Northern Development and
Federal Interlocutor for Metis and Non-Status Indians
Parliament Hill: House of Commons
Ottawa, Ontario
K1A 0A6
Telephone: (613) 992-4275
Fax: (613) 947-9475
Email: Prentice.J@parl.gc.ca
<https://mail.resist.ca/src/compose.php?send_to=Prentice.J%40parl.gc.ca >

Ron Doering- Federal Negotiator
c/o Jim Prentice, Minister of Indian Affairs and Northern Development and

Federal Interlocutor for Metis and Non-Status Indians
Parliament Hill: House of Commons
Ottawa, Ontario
K1A 0A6
Telephone:(613) 992-4275
Fax:(613) 947-9475
Email:Prentice.J@parl.gc.ca
< https://mail.resist.ca/src/compose.php? ... parl.gc.ca>

Jane Stewart
Provincial Negotiator, Province of Ontario
Former Brantford MP and former Federal Indian Affairs Minister
c/o
Dalton McGuinty, Premier of Ontario
Legislative
Building, Queen's Park
Toronto, Ontario
M7A 1A1
Phone Number: (416) 325-1941
Fax Number: (416) 325-3745
Email: Dalton.McGuinty@premier.gov.on.ca
<https://mail.resist.ca/src/compose.php?send_to=Dalton.McGuinty%40premier.gov.on.ca >

Find and contact your own MP:

http://www.parl.gc.ca/information/about ... &source=sm

====>>>SAMPLE LETTER

To: Stephen Harper/ Barbara MacDougall/ Jim Prentice/ Jane Stewart/ Ron
Doering

Object: Stop the Criminalization of the Six Nations Land Reclamation,
respect the Haudenosaunee Confederacy and immediately recognize Six Nations
land rights.

I am writing to demand that the Canadian government uphold its
responsibilities and return full title of Kanohnstaton (the Douglas Creek
Estates) to the people of Six Nations.

It has now been one year since the people of Six Nations rightfully took
back and reclaimed a piece of land that had been stolen and illegally sold
by the Canadian government. This piece of land, formerly known as "Douglas
Creek Estates", is Kanohnstaton, or The Protected Place, and the government
is well overdue in recognizing the truth of the matter: that this is Six
Nations land, guaranteed by the Haldimand Proclamation, and the Canadian
government has no business claiming, selling, or leasing land that is not
theirs.

Land claims put forward by First Nations communities are highly overdue.
Section 35 (1) of the Canadian Charter of Rights and Freedoms clearly states
that: "The existing aboriginal and treaty rights of the aboriginal peoples
of Canada are hereby recognized and affirmed." In addition to demanding that
the federal and provincial governments follow basic universal rules of human
decency, I demand that the government follow its own Charter of Rights and
Freedoms outlined in the Constitution Act of 1982.

Moreover, I demand that the ongoing criminalization of the people of
Kanohnstaton cease immediately. Indeed, instead of charging, persecuting and
criminalizing unarmed indigenous people who are rightfully and peacefully
reclaiming their own land, you should be bringing to justice the OPP and
RCMP officers who used violence with tasers and batons on unarmed people,
causing injuries and bodily harm, on the vicious raid of April 20th, 2006.

Hazel Hill, spokesperson for Six Nations, has stated: "We didn't create the
situation, we are only trying to rectify it, for our children and future
generations. We have taken action and have re-claimed land that is
rightfully ours. We are there in Peace, and have been since February
28th... Will Canada allow the hatred and violent displays of racism of its
citizens to continue and possibly create another Ipperwash, or will it use
the lessons of the past to ensure that the violence stops and admit to their
citizens that it is through their own actions and abuse of assumed power
that we are in this situation today."

I strongly urge you to heed these words and take action to ensure a just
resolution to this issue in a swift and fair manner.

Sincerely,

For further information on the Six Nations Land Reclamation visit the
following pages:

Info on the Reclamation: www.reclamationinfo.com

Settlers in Support of Indigenous Sovereignty News Archive:
http://sisis.nativeweb.org/actionalert/ ... ewsarchive

Autonomy and Solidarity's Six Nations/Caledonia Resource Page:
http://auto_sol.tao.ca/node/view/2012

Turtle Island Native Network:
http://www.turtleisland.org/news/news-sixnations.htm

MNN Mohawk Nation News
www.mohawknationnews.com
Hazel Hill thebasketcase@on.aibn.com
Kahentinetha2@yahoo.com katenies20@yahoo.com
Six Nations SOLIDARITY!
 
Top

Federal efforts to advance negotiations with Six Nations

Postby Prentice PromisesProgress » Thu Mar 29, 2007 9:24 pm

Minister Jim Prentice announces efforts to advance negotiations with Six Nations and bring peace and stability to the Caledonia area

OTTAWA, March 29, 2007

The Honourable Jim Prentice, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians today announced federal efforts to advance negotiations
with Haudenosaunee/Six Nations
http://www.ainc-inac.gc.ca/nr/prs/j-a2006/snjsbk_e.html
and help bring peace and stability to the Caledonia area.

The twofold announcement includes $26.4 million toward Ontario's extraordinary costs incurred as a result of the occupation near Caledonia. In addition, Canada's New Government has expanded its negotiations mandate to allow more flexibility in moving these historical claims forward. Minister Prentice was joined by the Honourable Barbara McDougall
http://www.ainc-inac.gc.ca/nr/prs/m-a20 ... 763_e.html Federal Representative in discussions with the Haudenosaunee/Six Nations.

Recognizing that events in Caledonia have given rise to unique circumstances and extraordinary costs for the Province of Ontario, the exgratia payment comprises $15.8 million toward Ontario's acquisition of the Douglas Creek Estates properties and $10.6 million toward Ontario's extraordinary policing costs.

This new phase of discussions will refocus negotiations with the Haudenosaunee/Six Nations and the Province to direct efforts on claims which
Canada can move forward to negotiate. The mandate expansion will include some of the longest running claims in the country's history. The Government will at the same time continue to work with all the parties to end the occupation on the Douglas Creek Estates.

"Canada's New Government is committed to providing the Province, under these unique and extraordinary circumstances, with the financial support to foster economic stability and promote public safety," stated Minister Prentice. "We are also committed to finding common solutions through dialogue, and believe that this new phase of discussions will help move negotiations forward bringing these complex and long standing grievances closer to resolution."

"Our Federal Representative to these negotiations, the Honourable Barbara McDougall, and federal negotiator, Ron Doering, have worked very hard to ease tensions in the area and I have every confidence in their experience and commitment," added Minister Prentice.

Since discussions began in April 2006 with the Haudenosaunee/Six Nations and the Province of Ontario, Canada has sought to identify innovative means to address Haudenosaunee/Six Nations' long-standing issues. These intractable and
challenging issues stem from one of the oldest claims in Canada.

"We have built a tremendous amount of trust and goodwill at the negotiating table and this expanded mandate will allow us to deliver some tangible results for both the Haudenosaunee/Six Nations community as well as for the people in and around Caledonia," stated Ms McDougall. "We have an
historic opportunity to resolve some longstanding issues to the satisfaction of all parties concerned."

Discussions have included 23 main table and approximately 180 side table meetings held to date and have helped to reduce tensions in the area.

Like their neighbours, Six Nations will benefit from the stability to the region achieved by this ex gratia payment. This new phase of negotiations will
bring all parties closer to resolution of these complex and long-standing grievances. Canada is committed to resolving outstanding land claims to the
benefit of all Canadians.

INAC's website
http://www.ainc-inac.gc.ca/nr/iss/iss2006_e.html

- - - - - - -

Six Nations Land Rights
http://www.turtleisland.org/news/news-sixnations.htm
Prentice PromisesProgress
 
Top

Lots of money - But Not for Six Nations Land Rights

Postby $'s - Not for Six Nations » Sun Apr 08, 2007 8:03 am

Lots of $$$$'s - But Not for Six Nations Land Rights

News and Comment
by Tehaliwaskenhas
Bob Kennedy, Oneida
Copyright
Turtle ISland Native Network
http://www.turtleisland.org

April 7, 2007

There is plenty of money surfacing related to the land rights dispute in Caledonia, Ontario but it isn't headed for Six Nations use.

Recently Canada announced it would give the Ontario Government more than $26 Million to cover its costs, while at the same time dismissing the Six Nations claim on the disputed land.

Now, the Province of Ontario is offering a reward of $50,000.00 for information leading to the arrest and conviction of the person(s) responsible for the damage to the Hydro One Caledonia Transformer Station. Last May 22nd in the heat of the land rights dispute, someone forcefully entered the transformer's enclosed compound located on Argyle Street, Caledonia.

Extensive damage was done to the transformer station building and property, and that caused a major power outage, which affected numerous Hydro One customers. Damage to the transformer station was estimated at approximately $300,000.00.

Collateral damage to Hydro One customers was estimated in the millions of dollars.

- - - - - - -

More about Six Nations Land Rights
http://www.turtleisland.org/news/news-sixnations.htm

- - - - - - -

MINISTER JIM PRENTICE ANNOUNCES EFFORTS TO ADVANCE NEGOTIATIONS WITH SIX NATIONS AND BRING PEACE AND STABILITY TO THE CALEDONIA AREA

Ottawa - (March 29, 2007)

The Honourable Jim Prentice, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians today announced federal efforts to advance negotiations with Haudenosaunee/Six Nations and help bring peace and stability to the Caledonia area.

The twofold announcement includes $26.4 million toward Ontario's extraordinary costs incurred as a result of the occupation near Caledonia. In addition, Canada's New Government has expanded its negotiations mandate to allow more flexibility in moving these historical claims forward. Minister Prentice was joined by the Honourable Barbara McDougall, Federal Representative in discussions with the Haudenosaunee/Six Nations.

Recognizing that events in Caledonia have given rise to unique circumstances and extraordinary costs for the Province of Ontario, the ex gratia payment comprises $15.8 million toward Ontario's acquisition of the Douglas Creek Estates properties and $10.6 million toward Ontario's extraordinary policing costs.

This new phase of discussions will refocus negotiations with the Haudenosaunee/Six Nations and the Province to direct efforts on claims which Canada can move forward to negotiate. The mandate expansion will include some of the longest running claims in the country's history. The Government will at the same time continue to work with all the parties to end the occupation on the Douglas Creek Estates.

"Canada's New Government is committed to providing the Province, under these unique and extraordinary circumstances, with the financial support to foster economic stability and promote public safety," stated Minister Prentice. "We are also committed to finding common solutions through dialogue, and believe that this new phase of discussions will help move negotiations forward bringing these complex and long standing grievances closer to resolution."

"Our Federal Representative to these negotiations, the Honourable Barbara McDougall, and federal negotiator, Ron Doering, have worked very hard to ease tensions in the area and I have every confidence in their experience and commitment," added Minister Prentice.

Since discussions began in April 2006 with the Haudenosaunee/Six Nations and the Province of Ontario, Canada has sought to identify innovative means to address Haudenosaunee/Six Nations' long-standing issues. These intractable and challenging issues stem from one of the oldest claims in Canada.

"We have built a tremendous amount of trust and goodwill at the negotiating table and this expanded mandate will allow us to deliver some tangible results for both the Haudenosaunee/Six Nations community as well as for the people in and around Caledonia," stated Ms McDougall. "We have an historic opportunity to resolve some longstanding issues to the satisfaction of all parties concerned."

Discussions have included 23 main table and approximately 180 side table meetings held to date and have helped to reduce tensions in the area.

Like their neighbours, Six Nations will benefit from the stability to the region achieved by this ex gratia payment. This new phase of negotiations will bring all parties closer to resolution of these complex and long-standing grievances. Canada is committed to resolving outstanding land claims to the benefit of all Canadians.

BACKGROUNDER ON THE CLAIMS OF THE
SIX NATIONS OF THE GRAND RIVER BAND OF INDIANS

In March 1995, the Six Nations of the Grand River Band of Indians filed a lawsuit against the Government of Canada and the Province of Ontario. The lawsuit involves allegations of breaches of fiduciary duty in the administration of Six Nations lands and assets, most of which are based on events that took place before Confederation. In other words, the Six Nations claims focus on how land and money were managed, rather than questioning ownership and/or a return of lands.

Specifically, the Six Nations give fourteen examples of claims, or allegations, which they are attempting to prove against Canada and/or Ontario, including:

* the Crown did not give the Six Nations all the land promised in the Haldimand Proclamation;
* the Crown patented land in the tract known as “Block 5” (part of Moulton Township) without having received a valid surrender;
* the Crown patented land in the tract known as “Block 6” (part of Canborough Township) without having received a valid surrender;
* William Claus, a Crown agent, misappropriated monies belonging to the Six Nations and the Crown did not properly secure reimbursement;
* the Crown did not compensate the Six Nations for land flooded during the construction of the Welland Canal;
* the Crown speculatively invested the Six Nations’ trust monies in the Grand River Navigation Company;
* the Six Nations did not receive appropriate compensation for 368 7/10 acres patented to the Grand River Navigation Company;
* the Six Nations did not receive adequate compensation for the lands surrendered for sale in the Town (now City) of Brantford;
* the Crown patented Six Nations land adjoining the Talbot Road in lot sizes not approved by the Six Nations;
* the Crown improperly patented Six Nations land adjoining the Hamilton Port Dover Plank Road that the Six Nations wanted leased;
* the Crown did not properly compensate the Six Nations for land taken at Port Maitland;
* the Crown did not secure a valid surrender of the Six Nations’ interest in the lands on the Grand River in 1841 and that the current reserve does not contain all the land set aside in the Order-in-Council of October 4, 1843;
* Samuel Jarvis, an agent of the Crown, could not account for all the Six Nations’ money with which he had been entrusted;
* the Six Nations did not receive proper compensation for the exploitation of oil and gas under their reserve.

As outlined in its Statement of Defence, the Government of Canada’s position is that the Six Nations validly surrendered all the lands that are not now part of the reserve; that the Six Nations received full and fair compensation for the lands they surrendered; and, that if there is any liability, the liability related to breaches that pre-date Confederation rests with the Province of Ontario.

In 1999, 2000 and 2001, all three Parties – the Six Nations, the Province of Ontario and the Government of Canada – turned from active litigation and towards talks to find common ground upon which to proceed with some form of out-of-court resolution. Since 2004, the Government of Canada has been in exploratory discussions with the Six Nations’ elected Chief and Council and the Province of Ontario to address the claims.

This timeline reflects the tremendous complexity of the factual issues that must be addressed. There are already more than 70,000 pages of material dating from the 17th, 18th, 19th and 20th centuries. A full response to the Six Nations’ allegations requires a comprehensive social, political, legal and economic history of southwestern Ontario from 1784 to the present.http://www.ainc-inac.gc.ca/nr/iss/iss2006_e.html
$'s - Not for Six Nations
 
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Spotlight on Six Nations Land Rights and Local Disturbances

Postby Kahnestaton Update » Sun Apr 15, 2007 11:40 am

Message from Hazel Hill
April 23, 2007

I've held off writing this update because for one, I didn't know whether I should or not. My concern was putting out there what one would call the 'dirty laundry'. Then I thought about how I started, and what my intent was. To put out the Truth.

There will be some who will argue with me. So let's be clear. This is the truth of how I see it. From my eye's. From one, who sitting where I've been sitting in this past year, see's things. The biggest reason I didn't want to put it out there because I didn't want to give the Crown the satisfaction of seeing what's happening. But the more I think about it, the more I feel that because they are responsible, they are going to hear it too.

Right now, I'm shaking so much even trying to type is a problem for me. My words are jumbled up so much and my heart is ready to explode. I don't know whether I'm having a breakdown or whether I'm scared of the repercussions, but I'm going to say what I've got to say and face the consequences. What I feel and what I see is what everyone has been dancing around a whole year about within the Six Nations Community. I'm talking about the division and factionalism that exists.

I have spent sleepless nights trying to figure out what to do. How can I help. I've worked hard, as many have this past year, to help the people at the camp, as well as at the negotiating table. Doing what I thought best to keep the Peace, to keep things moving, and to keep fighting for our collective rights. Our Sovereignty, our inherent rights, to honour and uphold the responsibilities to our Treaties. To stand in defense of our lands, our people, and mostly the Kairenekowah, the Great Law, the Great Peace, whatever you choose to call it. These past few months have been the most trying and the most difficult because it has not been the Crown who has been our worst enemy, it has not been the OPP who has been challenging, it is us.

First you have the elected band council. Not all of them, but a few. A few who feel the need to hold onto the purported power that they have been given through a system who's only intent was to destroy the Onkwehonweh and destroy any semblance of Nationhood, of Soveriegnty, and to take away any rights that were given not only through the Treaties that our ancestors put in place for our safekeeping and welfare, but to truly destroy and eliminate the very existance of who we are as a people. A people distinct from any other Nations because quite honestly, the Creator made us that way.

The Law which we stand behind is one given to us through a divine entity. Not something that was man made to control the people and gain wealth for a few. These individuals who claim to represent the people are not listening to the people. They are listening to a few who believe in them as a person, who have families who love and support them, but who aren't seeing the big picture. Who aren't looking at it as Onkwehonweh, but who are looking at it only from the eye's of one who has been brought up only knowing and understanding how the government of Canada thinks. What the government of Canada wants. In a system that the government of Canada created. They are not trying to understand how the Confederacy Council works, let alone what it truly means. They are stuck in that box just as much as Canada is, because they are afraid to step outside of it, and look at the beauty and freedom that exists by living according to the traditional laws and customs that have been handed down, generation after generation.

Then you have the trustees of the Mohawk Nation. Individuals of a few families who truly believe only the Mohawks have a say in what happens here at Grand River because the Haldimand Deed says 'Mohawks and such others of the Six Nations as wish to settle there...'. My husband and I were accused of turning our backs on the people because we have been working and supporting the Confederacy throughout this reclamation, and throughout this negotiation process. We are doing what we believe is right and for the highest good of all concerned. I was reminded of all the meetings that we had in our own home, throughout the past twenty years, and how it was always about the people. I told that person that it still is. It was always about the people, ALL the people.

Throughout all of our involvement, and all of our efforts to assert the jurisdiction in the past, it was always about the whole. It might have been mostly the Mohawks who took action, because that is the nature of our Nation, but it was never just about the Mohawks. When we took back the Glebe Lands, from the elected council, it was the Mohawks who initiated it, but it was also Onondaga's, Cayuga's, Oneida's, Seneca's, many other people of the other nations that stood with us. When we took over the Eagles Nest Complex in an attempt to rid our community of the Indian Act System in 1995, again it was the Mohawks who initiated it, but again it was all those same people of the other nations that stood with us. Who believed in the power of the people. Who believed in the Great Law and our responsibilites to it. Who believed that the enemy was the Canadian Government on behalf of the Crown, not each other. Dick and I have worked on behalf of the Mohawk Nation because that is the Nation which we were born into, but the Mohawk Nation is not just Grand River. It is ALL of the Mohawks who are spread out all across Turtle Island. We have worked with many of our brothers and sisters of all the Mohawk Territories to try and unite, to strengthen one and other, to try and work toward building and supporting our Nation the way it should be. So that the voices of all of the Mohawks are being heard. Whether or not that will ever happen in my life time I don't know.

What I do know and believe is that if the Mohawks ever did get together, and stand together as one, what a powerful Nation we would have, but more importantly, how that would strengthen and empower the Confederacy as a whole. We do take that responsiblity seriously and we continue to support that effort. And to those who believe it's only the Mohawks who have a say, I ask you to look within your own families. Look at your son's who have married and look at the fact that many of them have married into one of the other Six Nations. Are you now going to tell me that their children, your grandchildren, do not have a voice or do not have a say in what the future of our people will be. Not only do they carry that voice, but they too shoulder the responsiblity of upholding and protecting what is the collective rights of all, for their own future generations. Is this what you are leaving them?

When I sat at a recent meeting of the Main Table the other day, and I was witness to the elected Chief making a statement to the Crown representatives of how he has to go back to his council and get an expanded mandate before the Confederacy could proceed with discussion on other lands within the tract that Canada is making a claim to, I thought to myself...........does he really understand who we are as a people. Does he really understand the policies and system that he is supporting and what it has done to us as a Nation. Does he really understand the whole intent of that system was not to help, but to support the genocide of us as a race on this planet. What he obviously doesn't understand is that the Confederacy doesn't get its mandate from the elected council. What he doesn't understand is that when the Crown, through its agents of Canada announced it had an expanded mandate to deal with the Confederacy on all the lands within the Haldimand Tract, his mandate just got expanded. That decision was made for him by those who he takes direction from.

There is nothing for the elected council to discuss. My heart really hurts for those who don't understand that, and who refuse to acknowledge it, but instead choose to continue to promote and support the divisions that the Crown has created.

Then I listened as some of the Mohawks made their presentation to the Chiefs and those that have been given the lead in these negotiations, and to the people who were there. How they told us that we had no business negotiating, that they were the rightful titleholders and how they will decide who sits at the negotiating table. Totally missing the fact that there were four other Nations included in that Confederacy, but more importantly, totally ignoring the fact that so many other nations out there, who recognize and support the Confederacy, and who take shelter under that tree with the long leaves that is talked about, are included in there too. And those other Nations are counting on us. To protect not only our future, but they too recognize that we are fighting for the rights of all the Onkwehonweh because whatever happens here, directly impacts them and everything that they are fighting for too. I listened as they said that nothing supercedes the Haldimand, and was amazed that they missed the point that one of the Chiefs made when he reminded them that yes, there was something that superceded the Haldimand. There was the Two Row Wampum, there was the League of Nations set up by the Peacemaker, and it was pointed out that the Condolence Cane signifies that. I listened as they spoke about the Handsome Lake Code and how they didn't support or follow it, but again missing the point when they were told it was simply a way of life, that it was something like a code of ethics, a manner in which we conduct ourselves, you live by it by choice. They forget that even those who were brought up in the church, some of those same families who stood there, were taught that there is a way in which you live your life that is consistent with the Great Law. I listened as they said they didn't want to talk to all of the Mohawks, just some of them, and I wondered almost hysterically, if they really thought about what they were saying and how ridiculous that statement was. And beyond the Haldimand, beyond the Two Row, beyond the many many treaties that existed prior to our arrival here at Grand River, including those treaties that were made and that included the four races of mankind, the Camel's eye and the Treaty of Isis/Osiris, the ones that helped us to live together in Peace and Harmony, that beyond those, there is the Kaierenekowah. It has been in existance since the beginning of Creation, so yes, there is something that supercedes the Haldimand.

I have said it before, the Haldimand is probably one of the worst deals our ancestors ever made, because it negates from the rest of the North American Continent to which we maintain our rightful title to, and maintain our responsiblity to. It is ultimately what gave the Crown it's foothold here, and it is obviously that which they continue to use to manipulate and undermine the authority of the Onkwehonweh. We have so many treaties and agreements that we worked out with the settlers in our lands because we were a generours people who truly believed in the concept of sharing, who believed in the dish with one spoon. But people look at the Haldimand today and believe that is where our history begins. They forget to go back beyond that.

The worst part in all of this, is I had to look at myself and face the fact that not long ago, the rest of this community probably looked at me the same way as I was looking at them at that very moment, and I felt remorse for that. I know in my heart that I was not saying what they are saying, but I also know in my heart that people probably didn't know or understand that. I know that Dick and I have always been fighting for all the people of Six Nations, but more than that, we have always fought for the Onkwehonweh. For ALL the Onkwehonweh of the World. We look at the world and how the Crown has created its own entity, its own league of nations, and how this little boys club has set out to destroy the Onkwehonweh of these lands, to steal every ounce of earth from this planet and lay claim to it. Who has gone out and committed acts of genocide against those indigenous nations, who have murdered raped and pillaged every Onkwehonweh Nation in Creation, all in the name of progress, and who knowingly continues in it's plan of complete and total domain over the entire world, and we have fought against that throughout most of our life. We fought for the future of our people. All of our people because in spite of everything that has happend to us in our history, in spite of the differences in our beliefs and in spite of the geographical and political barriers that exist between us, we are all one.

I have been told that I don't have a voice because my mother is non-native. Because I don't have a clan. I have lived practically my whole life as one who was never really accepted in either world because I was too white to fit in growing up on the reserve, and then had to face the outside world going off to highschool where being native was a dirty word.

I see how as long as you agree with someone they support and accept you, but the moment you don't, they will use that against you. I had to fight my whole life to try and feel accepted, to try and fit in, until finally one day I realized, I don't get my acceptance from any other human being. I am who I am because that is what the Creator made me, and I am accepted and loved through the Creators eyes, and I was given my spirit and my voice through Creation, and just like anyone else, I have the same responsiblities as the next, and I have been trying my best to uphold and respect those responsiblities and carry them through. I am not ashamed of either of my heritages, but I am Kanienkehaka.

I was told once by one of the Grandfathers that 'it is not the blood that is in your nation, but the nation that is in your blood'. How true of a statement that is. I am proud of who I am. I was brought under the wing of one of the Wolf Clan Families of the Kanienkehaka, and have been sitting there ever since, doing what I believe is best, for the good of all. I work with all of the Nations, and support all of the Nations. I listen to the Clanmothers and Chiefs, to the Faithkeepers and all of the people of all the Nations and respect and appreciate all of the teachings that they have willingly shared, and gain strength in the knowledge that I have obtained because of it. I remain in contact with my wolf clan family, and even in spite of differences we may have had in the past, and distances that separates us, my wolf clan brother who lives in Arizona, continues to work and support everyone here, he continues to uphold his responsibility as Onkwehonweh against our oppressors, and he continually gives strength and encouragement to those of us here to continue.

Recently we've had many instances of individuals within our own nations who have refused to keep the Peace, who feel strongly about defending our land and our nationhood, but in a way that is destructive and dangerous. The people at the camp have had many councils where we have discussed this. We have spoken to those individuals, to their families, and have tried our best within the Kaierenekowah to deal with those situations. We have set rules and regulations based on what was determined at the beginning by the Clanmothers. It would work for a while and then it would go right back to the way it was, only worse. We finally turned to the Clanmothers and Chiefs for help. A statement was made about behaviors at the camp, what was acceptable and what was not. Rules were set into place for us to uphold and to help manage the camp as we held onto our lands, not for ourselves, but for our future. To maintain our peaceful position in our reclamation of those lands against the outside forces who want nothing more than to get those lands back and continue with the assimilation and destruction of our nations. Now we are facing each other.

Those of us who choose to follow the Law and to follow the direction of the Clanmothers and Chiefs are now being criticized and condemned for our actions. We are being called traitors and are facing remarks such as 'who the hell do they think they are'. Well, in my view, its not who we think we are, but it is more of what is our responsibility. I've thought about what has happened, and I've looked back throughout this past year and all I can ask of those who think we are wrong is, who stood by you when the injunction was served last March and the Chiefs had to step back........it was the Clanmothers. They stood in face of ridicule and condemnation by many of our own. They were even scolded by some of their own clans because it was felt that they should have stepped back with the Chiefs. They stood behind the people because they believed in what the people were doing. They believed in who we are, and they knew that this might be the last stand that we as a Confederacy, that we as Onkwehonweh might have, against all of the outside forces who are determined to eliminate us. They stood with the people because they believed in the people. They told us if that fire goes out, we are done. That fire is the spirit within us. It is the fire that exists in the hearts of the Confederacy as a whole, in our wampum, in our teachings, and it is what keeps us strengthened, keeps us together, as One. Are the people now going to say that they don't care what the Clanmothers have to say. Are we now going to refuse to uphold the simple rules of behaviour on the camp because we're afraid to discipline one and other, because we can't face the fear in our own heart of taking the responsibility seriously and standing up to the negativity and darkness that exists among a few. It is in no way turning our backs on our own people, it is standing up and showing that there is honour in doing what we are doing, and there is great strength and courage in upholding the Peace. If it comes a time when we have to stand and fight again, I'm sure every one of us will do so with the same pride and dignity that we stand there today, but we have to choose our battles carefully, and in my mind, our battles are not with each other.

We had a situation occur at the camp that some believe I compromised the jurisdiction of the camp by making a decision that I was called in to make. I didn't go there under some presumption of authority, I went because I was called. I went because my heart and my mind is still on the protection of the people, and in protection of the stand that we took in asserting our responsiblity over our lands and in accordance with the Kairenekowah. I did my best to dissolve an explosive situation that could have ultimately destroyed everything we all worked hard to protect throughout this past year. I am only one person. And I am a woman. I was called in to deal with a situation that ultimately is the responsibility of the men, and I did the best I could. I now stand before the people and face condemnation for the decision I made. I admitted my wrong on the part when it comes to the over-all jurisdiction of the camp, but I will not apologize for defusing the situation and doing the best that I could under the circumstances. It wasn't me who ultimately compromised the jurisdiction of the camp, that responsiblity lies on the shoulders of the one who created the situation in the first place. I only upheld my responsibilities to our Law. If people believe I have overstepped my responsiblity, all I can ask of those who are judging me and being critical of the decision I made under the pressure of the circumstance is, why did I have to? Why didn't any one of you who were there when it happened, not take that responsiblity yourselves. We all have the same responsibilities, and we all know the underlying rules of the camp and in upholding the Peace. Why am I being called to task for my actions, when the one's who caused the situation to escalate, the one's who continually refuse to take responsiblity for their own actions and who continue to compromise the safety of everyone, are being sheltered and protected. I was called in that night by the camp because they trusted me and my judgement, and I won't apologize for that. I have shouldered my responsibility, accepted what I believe was wrong on my part, and have taken steps to correct it. But lets remember, this isn't about me, it isn't about anyone as individuals, it is about who we are as a whole, and about the safety and well-being of everyone. More importantly, it is about who we are as Onkwehonweh and every single one of us have to take that responsiblity seriously, and do the best that we can under the circumstances that we are in.

Now whether its the Elected Council, the few Mohawks, or a few individuals who refuse to acknowledge and support what was given to us in the establishment of that Great Peace; amongst one and other, and in accordance to the very basic principals within the Kairenekowah, the simple laws of behaviour and conduct that we know is within that, it is still a battle amongst ourselves. Is that what we are going to continue? Is that all we think of the future generations? Or are we going to gather our Nations together, strengthen each other and stand together as one, like we did on April 20th, just over a year ago. I can't make that call. It isn't my will. It is the will of the Creator and the spirit that is within each and every one of us. I know where my heart is. I know where my battles are, and I know how to defend them. What I don't know, is what anyone else will choose to do. But I can tell you one thing, if we don't stand together, if we don't truly unite, and if we continue to allow some ficticious power and division that exists only in the minds of a few, what will happen to the future of our people, is there will be none.............. And that people, is the ultimate goal of the Crown.

In Love, Light and Peace,


Hazel
thebasketcase@on.aibn.com

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In Commemoration of April 20 OPP Raid... You are invited to a day of peace and unity at Kanohstahton (Six Nations Reclamation Site) Friday April 20, 2007 Starting at 4:20 am with a sunrise ceremony

Tentative Schedule:

8:00am-9:00am Potluck Breakfast

9:00am-11:00am Welcome & Sharing Circle

11:00am-12:00pm Corn Soup & Scone Cook-off

12:00pm-2:00pm Potluck Lunch

2:00pm-5:00pm White Pine Planting Ceremony

5:00pm-8:00pm Potluck Supper & Iroquois Social

Closing

Weather Permitting: Blind Volleyball, Horse Shoes, Ding ball & Lacrosse. Ongoing Activities: Speaker's Corner, Video's of OPP Raid, Sharing of Pictures, other video footage

Please bring your own lawn chairs.

If you are unable to make it, show your solidarity on your reservation for unity and support, show the GOV. that we are one. Spiritually, physically, and emotionally join us at home in ceremonies or in person on Friday April 20, 2007

- - - - - - -

Spotlight on Six Nations Land Rights and Local Disturbances . . .

News and Comment
by Tehaliwaskenhas
Bob Kennedy, Oneida
Copyright
Turtle Island Native Network
http://www.turtleisland.org

The Ontario Provincial Police have issued a warning.

"Agitators or others intent on creating provocation and conflict in the community will NOT be tolerated." Their actions are deplorable, self serving and dangerous. I'm appalled that they would take
advantage of Haldimand County citizens to further their personal agendas" said Commissioner Julian Fantino.

"Those who compromise public and officer safety will be held accountable for their actions."

This statement was in response to recent reports that an e-mail message from Fantino said he was seriously considering withdrawing services from Caledonia, because of public comments by local officials.

Fantino said it was not true and affirmed," The OPP will continue to work with all stakeholders, including Haldimand Council, in our continued efforts to maintain safety for everyone affected by
this land claim issue".

There is a Mohawk expression about those who carry the burden of peace . . . this is true of Hazel Hill and all those with whom she has worked with at Kahnestaton . . . the land reclamation site.

They have been there more than a year, defending Six Nations land rights,
http://www.turtleisland.org/discussion/ ... =8032#8032

and their reward? Continued threats from locals, both citizens and their non-native leaders. Not to mention the anxiety that flowed from the revelation of a DND (anti-terrorist) field manual for Canadian soldiers, targeting First Nations people. The DND Minister promised it would be edited out of the final edition.

It seems to me that's like the judge who tells the jury to ignore certain comments. DO they?

Probably because of her public profile, Hazel Hill faced an abusive label from federal officials.

In her most recent report to us she explained, "One of the main federal negotiators asked one of our lead negotiators if I was crazy. . . Grampa Goodie used to say "yeah I'm crazy, and I got papers to prove it!" . . . but the fact of the matter is, not only am I crazy, but I am very serious about it."
(It would be nice to know the name of the federal negotiator who made the disparaging remark and the context of the conversation)

But you have to wonder who's the crazy one, when you consider the local politician's public pronouncements that pissed off the police.

And remember last year at the height of tensions the public comments by the local Mayor, deliberately made to incite, and stereotype Natives with their "monthly" cheques? (a.k.a. welfare)

There is drama in Caledonia, but little or no tangible progress reported in the efforts toward resolving Six Nations land rights in Ontario.

Sure, the Indian Affairs Minister agreed to write the provincial government a big fat cheque this month, to cover their costs for dealing with the Caledonia situation.
http://www.turtleisland.org/discussion/ ... =8138#8138

However, the negotiators for the Government of Canada, led around by their noses by Department of Justice faulty legal opinions, have dug in their heels into their "positions".

The Crown is still insisting that they have a valid surrender. "We know it wasn't," explained Hazel Hill. "They were reminded by our delegates that it was Canada that was making a 'claim' to our lands, and that if they wanted to offer proof of their claim, Canada could go ahead and gather up that proof and evidence that shows where monies were paid on this purported surrender, where monies were put into the trust, and more importantly, how those trust funds actually benefited the Six Nations. We know they didn't."

There are some encouraging words that the people are working together on their land rights issues, despite longstanding differences between the Confederacy and those elected to the Indian Affairs-imposed council.

It was suggested by one of the band councillors that the researchers do information sessions so that Six Nations can really get a good look and understanding of each of the parcels and what's happened to them, to see which area they want to go to next. "I think it's a good idea, and I think we need to make sure we start those information sessions soon. The community needs to have input and they need to know what's happening ... even if it isn't a whole lot," added Hazel Hill!

The burden of peace also has been evident to the people "who have been more than tolerant and patient when it comes to the Grand River tract and the future of our people".

Hazel Hill pointed to the need for local governments to restrain development until Six Nations interests are addressed. But she wonders out loud about the sincerity of the government officials, "We have watched for a year to see how the Federal and Ontario government would respect what we said. They respected nothing. They pushed development even faster. They keep issuing permits and they continue like business as usual. So now its up to us. As Onkwehonweh we have a responsibility to ensure that any development that goes into our mother earth is consistent with the protection of the environment.

We'll talk to developers about development in our territory. We'll decide what kinds of development goes into our homelands, and we'll also decide what kind of impact benefit agreements we can reach with the developer ourselves. We not only have the authority, we have the obligation, for the future generations. Just like our ancestors did when they created the lease agreements.

Maybe no-one has been listening. I thought for sure we put it out there quite well. All of the leases of our lands, with the exception of blocks 1-4, I believe, are expired. Rent is way past due, and its either time to pay up, renew the lease, or move. That is normally how lease agreements work."

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Six Nations land rights and reclamation
http://www.turtleisland.org/news/news-sixnations.htm

Canada's Information and Perspectives on the Six Nations file . . .
http://www.ainc-inac.gc.ca/nr/iss/iss2006_e.html
Kahnestaton Update
 
Top

The Six Nations Land Reclaimers - Kanonhstaton Update

Postby The $125 Million Offer » Tue Jun 05, 2007 5:53 pm

Update from Grand River
July 18, 2007

Well, it seems like some things haven’t changed in this past year and a half.

Canada is still saying they have a legal surrender to the lands of Kanonhstaton. (former Douglas Creek Estates) We’re saying there was no surrender and even if monies were paid for that parcel of land, show us where it benefited the Six Nations. There is no proof. At this past Lands Side Table they as much as admitted that without saying it. They brought their documentation which details the payments made on some of the Caledonia Town Lots, but they admit that on some of the parcels they have no documents to back it up. Only notes in a ledger. Well, it doesn’t work that way. How many of us have been forced to pay a bill twice if for some reason we didn’t keep our receipt and the company to which you paid it doesn’t have a record. They don’t accept that you made a note on your bill that it was paid. They want a receipt. Well, our people want a receipt for the land, and we also want to see where the money went from our trust fund and how it benefited the Six Nations. We don’t want to see how it benefited everyone else, we already know that, and we have PROOF to back that up.

Anyway, the Crown did meet a couple of their goals. They brought their documentation that supports their position on Moulton Township (block 5), and as I said, they’ve brought their work that they completed for the Caledonia Town Lots. The only thing they didn’t do was give a breakdown on how they came up with the 125 million dollar offer for four of their claims. When asked, the response was something like ‘well, there are several ways that Canada might arrive at a figure in their land claims process, one might be taking the land value in 1800’s, interest compounded annually blah blah blah’, and then ‘there are variances or discrepancies on how many acres of land was actually effected with the Welland Canal flooding blah blah blah’…… and after all the beating around the bush, when asked directly for the exact breakdown, the response was “we’re not prepared to give that to you”. Ok, so why did you commit to it then? They admitted they were wrong, they continually say they want to protect the honour of the crown, but when it comes to telling you how they arrived at their idea of compensation, they don’t want to divulge that information, instead their response is like saying “we’re gonna be fair, rational and protect the honour of the crown….but we can’t tell you how we came up with the 125 million.” They can’t give us a breakdown because they have absolutely no idea how they arrived at the figure. They just pull some figure out of the air. It’s like setting a trap, hoping the bait will be big enough to catch something. Sorry, ain’t no suckers in this river of life!!!!! What they don’t want to admit is that this is all part of their “specific claims policy” which has absolutely nothing to do with us. They know we aren’t sitting there under any of their land claims policies, they know they are obligated to adhere to the principals of the Two Row and the Silver Covenant Chain, and yet every chance they get they try to shove their Canadian policies down our throats. Some of our people are ready to shove them right back, (only they mentioned another orifice if you know what I mean.) So for now, our research team will begin preparations to counter Canada’s claim to our land, and when the lands side table meets again in about 4 weeks time, we will give our response to their claim . In the meantime, there is a lot of work going on.

The A& A side table is moving along. Four of the original houses at Kanonhstaton have been taken down and the lands around them leveled. Two more are in the process of being taken down, and that will leave four remaining structures. Work continues on the soil erosion, and efforts are being made to return the land to its most original state. There is on-going efforts to get the cluvert cleaned of the silt, and I think the province is close to realizing that the problem with the water flow under the culvert was a result of the previous housing development on the east side of plank road and has nothing to do with our stopping the development of Kanonhstaton. They might even get to the point of admitting that when you interfere with the natural order of things, (like Creeks and streams), it results in drainage problems and sediment problems in the future (lightbulb finally clicks on over heads !) All they had to do was ask the farmer who lives across the road, I’m sure he has a few things he’d like to tell them!

As far as archaeology, Timmins Martell is nearly finished Phase I of the work on site and the final report will be made to the side table at the end of July. After that, we will have a couple of weeks to respond and address any concerns, and by the end of August it should be ready to present to the community. At some point, a decision will have to be made by the people on whether it is necessary to continue on with Phase II, or leave the land as it is. The fact is, the damage was done when the topsoil was removed prior to our taking back our land, and that damage can never be undone. So, whatever report we get, we’re still left with trying to make a decision on whether or not it is even practical to continue, because pretty much any evidence was removed when the soil was removed. However, there is still the area straight back from Silver Pines that needs to be addressed and that will be the area of concentration if we choose to continue.

Public Awareness and Education side table had a presentation this past weekend with visitors of the Columbia Amazon. It was geared toward information sharing on protecting the environment and the forests, something that as Onkwehonweh, we can all relate to. And the Six Nations should be proud of the fact that they have the largest Carolinian Forest in all of Ontario and we need to work toward protecting that, throughout the tract, not just within our current settlement. The best thing that came out of this event is the re-establishment of relationships. By uniting our Nations in solidarity and supporting one and other in asserting our sovereignty over our traditional homelands; we can work together to stop the encroachment and oppressive actions of the colonial government. .

And speaking of unity, I had the opportunity recently to speak to the Chief of another Nation (out of respect for this Nation I am not mentioning their name or location at this time) who are also currently involved in the fight of their life, over the protection of their lands and environment. It was like somebody had hit the rewind button of a tape of our own reclamation. Threats of injunctions, police action etc., etc., but the thing that stuck in my mind the most was the indignation at Canada, who through their Department of Indian Affairs, thinks they have the right to determine who our people are. And he is absolutely right. This whole thing on ‘status indians’, ‘non-status’, bill c31’s….it was all designed to undermine the custom of our matrilineal society that determined who you were, what clan and what nation you were. And while they hate us using the word, it was all part of the GENOCIDE used to try and rid the world of, (according to their Indian Agents) “the Indian problem”. The only “Indian problem” in the history of the Onkwehonweh is the ‘Indian Affairs’, ‘Indian Act’ and those ‘Indian Agents’! And speaking of genocide, at the lands side table that I missed a few weeks ago, I’m told that Sub-chief Leroy Hill hit em good with presenting the fact that Canada is guilty of something like 9 out of the 10 examples of genocide that the United Nations uses as a basis of determining a Nations’ guilt on the crime of genocide. The worst part of it is, they are STILL guilty of this practice and no-one is holding them accountable. So the question is, why does the United Nations have those policies if they refuse to hold their member States/Nations accountable to them. And get this! The D.O.J. lawyers’ comment was that it wasn’t intentional, and therefore they are not guilty. I wonder if they would have accepted that lame excuse during Hitler’s reign. It’s like saying you’re not guilty because you didn’t get caught. Riiiiiiiiiiiight.

Anyway, talks are on-going. The side tables, with the exception of the Consultation Side Table, have been meeting quite regularly. The Consultation table hasn’t met, I believe, since their federal and provincial representatives walked away from the table the day our people stopped the development in Hagersville. But lets face it, they aren’t consulting, and that puts them in violation of their own laws, which require them to consult. So far, Canada and Ontario have continually refused to stop selling our lands & to stop issuing permits for development; so what is there to talk about? They have failed to protect the interests of their own citizens, and have left us no alternative but to do whatever it takes to protect the interests of our future generations. Any developer, banker, realtor or resident is crazy if they believe the current position of the province which is “business as usual along the Grand River ”; because the bottom line is, we are the only ones that can show clear title to our lands. The crown patents that were unilaterally issued back in the early 1800’s aren’t worth the PAPER they are written on, and they do not guarantee to the buyer that development will not be stopped. It is time the federal and provincial governments CEASED this FRAUD against its citizens, because in my way of thinking, it is nothing less than extortion. They continually extort taxes on lands that they have no legal title to, and they continue having their taxpayers foot the bill when they enter into so-called “negotiations” over land that they are claiming. And its crazy how they’ll spend millions of your tax dollars only to admit they are wrong, and end up paying out a settlement, sometimes for less than half of the cost of their defense. Doesn’t make much sense to me, but again it’s the taxpayers who are being frauded, you just haven’t gotten sick enough of it yet and therefore allow it to continue. At least our Nations are looking out for our interests. I’d hate to be a Canadian under the current circumstances. No-one is looking out for your interests, except for maybe the Haudenosaunee.

And what in the world does the Haldimand Council think its going to accomplish by trying to demand a seat at the negotiations. First of all, they already have representation there. Hellooooo, they are called Federal and Provincial negotiators. What Mayor Trainer and her council are actually saying is that they don’t think that Ron Doering, Barbara McDougal or Murray Cooligan are capable of handling the job, and that they actually think they are going to send Dianne Findlay riding in on her white horse to the negotiation table and suddenly fix it all. Get over yourselves. This isn’t about you or Haldimand Township! Throwing a temper tantrum because you’re no longer being allowed to develop lands that don’t belong to you isn’t gaining you any sympathy from our people or causing a lot of tears to be shed on your behalf. Try having over 900 thousand acres of land stolen from you, (specific to the Haldimand, not including the Nanfan or all of Turtle Island) or having billions of dollars of revenues extorted, or having your trust monies embezzled, the list goes on. And yeah, we get your frustration at having it take so long. You claim to have been held hostage for over a year. Think about the mental, physical, emotional and spiritual bondage our people have been in for hundreds and hundreds of years. Yes, we feel for you….. really! But rest assured, this isn’t specific to Haldimand Township. We have every intention of dealing with every city, town and township and municipality along the Grand River, and if those municipalities, city’s, towns, and townships truly want to see a peaceful resolution, they should be lined up at the door to meet with the Haudenosaunee to talk about renewing a lease for the lands they currently occupy. Perhaps then we’d be willing to sit down and discuss future leases or development of our land. That is, IF it fits into our places to grow and our green plan, and IF they are willing to adhere to the principals of PEACE & FRIENDSHIP set out in the Two Row. Life is simple, its people that make it complicated.

And finally, I have to talk a little bit about the June 29th day of action. One, because I was traveling home that day and I was stopped in traffic at the corner of Hwy #17 and Hwy #69. I said to my mom, “well, its either an accident or our people are demonstrating”. Sure enough, after about an hour things got moving again and for all those who were out there on the corner that day; in the pouring rain, waving flags and standing in unity and solidarity, mom and I were one of the one’s going through, honking the horn in support and waving like crazy. Right On!!!!!! AND I was able to experience it from the travelers side, so no-one can say that we can dish it out but can’t take, cause we took it and were glad to do so! And speaking of taking it, what’s with Shawn Brant being charged and held without bail. I could be wrong, but from what I understand, the Rail line took it upon themselves to willingly stop the trains that day in support of the national day of action, and I also understood that the OPP shut down Hwy.401 on their own. So, being as I’m not a lawyer, perhaps one of you can get back to me on this, but What exactly did Shawn Brant do, and what did he get charged with?????? And how in the heck can the rail line sue somebody else, for actions they willingly took on their own? That’s gonna open a lot of doors for future lawsuits and court actions isn’t it? Sounds like the “Just Us” system at its best!!!

Meantime, we’ll continue in our own battle for Justice. Justice for all of Creation. And as long as we stand in the Light, carry truth as our sword, and honour and protect the Law of the Land provided by our Creator, Creation WILL respond.


In Love, Light & Peace,

Hazel

- - - - - - -

Here is Hazel Hill's Update
June 4, 2007

Kanonhstaton

By now, everyone has heard about the offer that the Crown representatives of the federal government made to the Six Nations .

The 125 million dollar offer was for compensation for the lands known as Block 5 (Moulton township), the Welland Canal and the Burtch Lands. They also tried to sneak in another of their acknowledged debts involving the misappropriation of funds by Grand River Navigation Company as part of the package, but were quickly reminded that that was not on the table and that any discussion regarding the GRCA would require a separate and specific analysis.

Just to provide a quick reminder, the only reason these other lands are being discussed, is a result of the Haudenosaunee responding to a request by the Crown that we begin to look at other areas of reconciliation while we await the Canadian Government to investigate and provide documentation that supports their claim to the lands now known as Kanonhstaton (former Douglas Creek Estates). Our team responded with a few areas besides the three mentioned. There was also the lands known as the head of the river (those lands that the Crown stole through the Simcoe Patent), and the Nathan Gage lands (where the Brantford Casino & the Civic Centre are). So that is how we got to these discussions. These land areas were suggested at our last Lands Side Table meeting of May 3rd, and the Federal Government agreed to come with some kind of offer at the next Lands Side Table meeting which was held on May 30th.

The initial reaction of the Six Nations people was that of anger, they felt insulted, like it was a slap in the face to our people. And really, it was. People were making comments such as “what, do they think that we’re stupid!? The Moulton Township parcel alone is over 30,000 acres and has been a recognized debt of the Crown dating back to the 1830’s when the lease expired!”

And what about the fact that this offer equals about $3200.00 an acre when the settlement that they gave to the Henning Brothers over the DCE came out to about $160,000 an acre. Which only lends to prove what we’ve been saying all along, and that is the past practices of the Crown in its relations with the Onkwehonweh, as “less than human” have not advanced much in the last few hundred years.

Then there’s the fact that all along we made it very clear, it’s not about the money! This is about the land. Some people felt that we should have thrown the offer right back at them and told them to take a hike. Others used a more colorful language that I won’t repeat in this update, but the end result was the same, “put em back in their boat and tell them to take their 125 million with them”!.

By the end of the day, the more people talked about it and analyzed it, the more they began to see things a bit differently. The next response was “well, at least they’ve come to the table and admitted liability”. And really, when you think about it, all along the Crown through its federal representatives has been trying to downplay the enormity of the injustices they have committed, and they’ve tried to convince the Canadian people that Six Nations doesn’t have a leg to stand on.

Well, I would say that if the opening offer is 125 million, not only do we have a leg to stand on, we got the rest of the body, including the Head! And at least now, we’ve got something on the table we can begin to work with. Of course we’re not going to accept it.

Of course the people felt insulted and rightfully so. But did we really expect anything different? That is what negotiations are about. They never bring to the table something that they really believe is a good offer, or what they hope the end result will be. They bring a “low-ball” figure and wait for a response. It’s like selling a used car only this time it’s flipped around. You never put the price on the car that you really want, you put something higher so that it leaves you room to work toward what you really want.

So in this case, WE need to flip it around. Look at the positive side of this. The people of Six Nations and all of our supporters have made a small victory. We held onto the land, AND, we’ve held onto our convictions and beliefs with respect to our LAW and who we are as Onkwehonweh. The Crown has finally come to the table with an offer on two areas of land which in their current legislative policies, would never have come this far. This is the Two Row in Action! And that is what truly counts.

The People, by forcing the Crown to acknowledge and uphold their responsibilities to the Ancient Treaties and Covenants, have helped to bring about changes that will effect all the Onkwehonweh. We’ve stood before Creation, accepted our responsibilities in protecting and preserving the rites of our future generations, and we’ve once again began to re-establish relationships of Unity and Peace with all the Onkwehonweh Nations of the World.

The strength and encouragement that was gained through the realization of just how far we’ve come, and that finally, after one very long year of talking, educating, and continuous meetings, finally, negotiations can begin! And in a nutshell, that is what’s happening now.

Negotiations have only just begun……….

And in response to that offer, our delegation gave a draft response basically saying…….NO, you can take that 125 million, use it to clear the title on the lands in Block 5, the lands would then come back to the Six Nations, and after that, then we can begin to talk about the loss of use and the perpetual care and maintenance that the original lease itself was designed for. Then we’ll talk about the other areas. And in the case of perpetual care and maintenance, it will not be directed in any lump sum payment, but rather, would be consistent with the values and principals of the Kairenekowah by ensuring that the future generations are being looked after. It would be designed so that all aspects of health & education are being considered, as well as maintaining and strengthening our culture.

There are endless possibilities when it comes to “perpetual care and maintenance”, and the people now need to begin having these discussions within their clans, within their districts, wherever and however you can, to start looking at what does that mean for Six Nations, and how can we, this generation of Haudenosaunee, ensure that we have done our best in looking out for our future generations just as our ancestors did.

We’ve had a couple areas of concern thrown right in our face this past year as part of the Crowns strategy in using government “cut backs” as a threat to try and get people to conform to their way of thinking, or to try and use money to control the people. Those two were the fire department and the language program. There are so many others areas, including our medical and dental that continually gets cut back every year, the needs of our elderly, our being able to guarantee to ALL of our children who want to attend college or university that there is funding for them, instead of the current program that forces the system to operate on a first come first serve basis, and once you do get accepted, students are sometimes forced to choose between paying rent or eating each month.

We have to look at everything that has been affected by the Crown’s negligence of these lease agreements, their negligence of their responsibilities to the treaties, and even their negligence to their own people by continually buying and selling land to which they hold no title, by offering up farm land to big developers from other countries and by continually allowing development to continue on lands that they are know are considered as within the jurisdiction of the Six Nations.

Recently, a developer in Hagersville Ontario, faced the same opposition as the Henning Brothers did just over a year ago. Only this time, I have to give this man a lot of credit. He put the blame right where it belonged. In the lap of the Canadian Government.

And while I understand and appreciate the frustration of the Canadian people, residents of Caledonia and Hagersville who are wondering what the heck is going on; imagine the frustration of the Haudenosaunee Delegation who are sitting at the table with representatives of the Crown, currently discussing the very land which the province sold for development as recently as November of 2006!!!!

AFTER the negotiations had begun! To the People, it is a slap in the face to our Chiefs who are sitting at the table, it’s a slap in the face to our ancestors, and it’s a slap in the face to our children, our grandchildren and our future generations. Where is the honour of the Crown if its representatives of the Province of Ontario who are currently sitting at the negotiations table, are knowingly selling lands that are currently being discussed at this very table, and continue to issue permits for development. And they’re really pushing and giving the green light for development to proceed at an unprecedented pace all up and down the Haldimand Tract.

So yes, frustration is big on all sides, and it needs to be directed in the appropriate direction, and in an appropriate manner. If the Crown wants the Haudenosaunee Delegation to stop our people from taking these types of actions, then the Crowns Delegation had better stop its own people from acting in such a dishonourable way, and stop the sale and development of these lands until we can get through this negotiation process. That is consistent with the relationship and process that we agreed to, and as long as they continue to allow the shovels to go into the ground, they are in violation of the terms of our agreement, and in violation of the Peace.

We need also make sure that our actions are consistent with our values and beliefs, and in accordance with our responsibilities as caretakers of these lands. Each of us carry the same responsibilities as the next , to honour and care for our mother the earth, to protect and preserve the future for our people, and to live in accordance with the principals of the great peace. In doing so we have honoured the Creator and the teachings that were provided to help us all, red yellow black and white, to live in balance with creation; and with each other.

In love light and peace

Hazel
The $125 Million Offer
 
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Six Nations Confederacy condemns violence

Postby Haudenosaunee Land Rights » Sat Sep 15, 2007 11:40 am

Haudenosaunee Land Rights in Caledonia . . .
http://news.google.com/news?=en&q=six+nations+caledonia

News and Comment
by Tehaliwaskenhas
Bob Kennedy, (Oneida)
Copyright
Turtle Island Native Network
http://www.turtleisland.org

September 15th, 2007

Haudenosaunee (Six Nations Confederacy) leaders issued a statement that included an apology for the actions of a few protestors who are alleged to have badly beaten a housing developer in Caledonia. (not at the land reclamation site that was established more than a year ago, but a new site only recently the object of concern of some Six Nations protestors)

The man, in hospital is undergoing tests to see if there is brain damage. The Confederacy made it clear it does not condone violence.

Chuck Strahl, Canada's Indian Affairs Minister said, "The recent act of violence in Caledonia is deplorable. Canada's New Government does not condone lawbreaking or violence and believes that unlawful tactics are disruptive to negotiations while placing the public safety of all parties at risk. It is in no one's interest to jeopardize the fragile trust currently in place, nor the hard work of all the parties, as we work to resolve this issue in a peaceful manner".

Meanwhile, the federal government appointed David Crombie, former Toronto Mayor, and a former Indian Affairs Minister, as a community liaison official (CLO) on the "Six Nations/Caledonia file".

The Minister of Indian Affairs explained, "The CLO will provide an official means by which interested third parties can voice concerns and receive updates on the progress of negotiations. Mr. Crombie will act as a liaison with federal negotiators and the non-Aboriginal community. The federal negotiators will continue to liaise with the Haudenosaunee/Six Nations.

Mr. Crombie will be available to meet with interested third parties/groups as required to assist the negotiators in determining the best way to address any local issues or concerns of third parties. Canada's New Government is committed to resolving the complex land claims issue along the Grand River in Southern Ontario.

The only solution in the Six Nations/Caledonia file is a negotiated one and Canada has been working closely with Six Nations and the Government of Ontario to achieve such a solution. This process must also recognize the unique circumstances created as a result of the occupation. Our government knows that a key element in reaching a negotiated solution is to ensure that fair consideration is given to local concerns. . .

Discussions with Six Nations deal with complex issues which stem from historical events dating back to the 18th century. The parties must remain committed to work through challenging issues in a peaceful and respectful manner in order to find lasting and common solutions".
Haudenosaunee Land Rights
 
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Actions of a few individuals not condoned or supported

Postby Apologies from Chiefs » Mon Sep 17, 2007 9:29 am

Ontario Regional Chief Angus Toulouse responds to incident at the Stirling South Development site

TORONTO, Sept. 17, 2007

I am deeply concerned about what occurred at the Stirling South Development site near Caledonia on September 13, 2007. I wish Mr. Gualtieri a full and speedy recovery from the injuries that he suffered as a result of a confrontation with Six Nations individuals. This incident is indeed regrettable and unfortunate.

As the Six Nations Hodiyenehso (Confederacy Council) have indicated, the injuries to Mr. Gualtieri were the result of the actions of a few individuals which are not condoned or supported by the Confederacy.

I do not believe that violence will enable First Nations people to resolve their longstanding grievances any more expediently or effectively than through the pursuit of peaceful and reasonable measures.

I remain fully supportive of the peaceful actions of the Haudenosaunee Six Nations in their efforts to exercise their rights and to protect their traditional territory.

The issue of unresolved land rights and the lawful obligations of the Government of Canada is a complex one. It cannot be adequately explained in a thirty second sound bite or one editorial.

Over the years First Nation land has been stolen through unfulfilled Treaty promises, outright theft and underhanded dealings. The frustration that has accumulated as a result of years upon years of inaction and neglect by the Government of Canada in resolving these legitimate claims runs very deep.

Consider that First Nations submit a claim to government which drags on
for years with no resolution and then have to watch as their land continues to
be sold off and developed while the claim remains unresolved. I cannot
emphasize enough that this is the source of considerable frustration within
First Nation communities. This is wrong and must be given immediate attention.

The general public needs to understand that these unresolved claims are
not new requests for more land or more money. They are lawful obligations that the Government committed to and failed to fulfill, or only partially
fulfilled. This is what First Nation people mean when they talk about "the
honour of the Crown".

The Crown has not lived up to their end of the bargain while our people continue to be mired in poverty and continue to have their rights trampled on. First Nations are not asking for more -- we are simply reclaiming what is rightfully ours. The land is who we are; it is central to our identities and this will not change. First Nations people view their access to their land and the resources within it as the key component to their survival and as a way to pull ourselves out of the grinding poverty which far too many of our First Nations people experience.

Yesterday the United Nations (UN) General Assembly voted to approve the UN Declaration on the Rights of Indigenous Peoples. This is significant for many reasons. Firstly, that it acknowledged that First Nation people "have suffered historic injustices" as a result of colonization and the dispossession of their lands". Furthermore the UN Declaration reaffirmed that "Indigenous people have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use." Although Canada opposed the Declaration, it is expected that as a member of the UN, of the UN Human Rights Council and a member of the international community, that Canada will therefore respect the decision of the international community.

It has been reported that the Provincial Government is considering leaving the main Six Nations (Caledonia) negotiation table as a result of this latest incident. I strongly encourage Premier McGuinty to ensure that Ontario remains at the table as it is certain that no resolution on this matter will be reached if the parties are not participating in negotiations. The progress made on the negotiations to date must not be lost as a result of the actions of a few individuals acting on their own.

I encourage all parties to remain patient and committed to the Six Nations (Caledonia) negotiations. I feel strongly that with good faith on all sides and the necessary political will an agreement will be reached that is acceptable to all.

For further information: Pam Hunter, (416) 597-1266 or Policy Advisor,
(613) 203-3233
Apologies from Chiefs
 
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Hazel Hill reports about Kanonhstaton and land rights

Postby Update from Grand River » Tue Sep 25, 2007 4:10 pm

September 25, 2007
Update from Grand River
By Hazel Hill

When the land reclamation of Kanonhstaton first started over 18 months ago, the people involved asked for three conditions.

*They asked that the Confederacy Council be giving the lead. They wanted our traditional government to handle our lands and to protect and uphold our treaty rights.

*They asked that the clanmothers be involved. They wanted to help bring back the responsiblities of the clans and to ensure that the clan families were given a voice.

*They also asked that lawyers not speak for us and the Law to which we would be working under would be the Kaienerekowah, the Great Law, which is the foundation of our relations with all of Creation.

To date, all of these requests have been not only acknowledged, but adhered to. The Confederacy Chiefs are in the lead. Even the elected council agreed with this. The clanmothers have been actively involved in this process and are
working with their clan families and working with the women of this community to help those who are unsure of their clans understand where they fit in and how the clan process works. They are working at establishing a meeting place where people can go to find out the history of their family and their clans if they are uncertain.

The Law, which we are upholding and working with is, the Kaierenekowah. The lawyers, who are involved, be it with the Haudenosaunee or the Elected system, are there to advise and to assist. They are providing assistance, especially when the Crown representatives try to influence the negotiations by trying to bring their Canadian laws to the table through the Department of Justice, or through their ‘specific claims process’. Because those individuals who are there to assist are fully aware of Canadian laws, they can easily recognize when the Crown tries to box us in, or when they attempt to pull the Haudenosaunee into the Crown’s boat and under the Crown’s laws. They are not there to tell our Chiefs or any of our people what to do, they are only there to advise. We are sitting at the table according to our ancient covenants and treaties, specifically the Two Row and the Silver Covenant Chain. The Crown representatives have agreed in writing to this process.

These were the words used when the Onkwehonwe entered into the Two Row Wampum Treaty with the United States, and they were a re-affirmation of the words that were used in the same Treaty relationship with the French and the
English. The same words were used in the Friendship Treaty Belt between the Onkwehonweh and the Dutch when asked by the Dutch which symbols will you go by...

“ We will go by these symbols: when the Creator made Morther Earth and created man to walk upon this earth to enjoy all nature’s fruits saying no one shall claim Mother Earth except the rising faces which are to be born; (1) as long as the sun shines upon this earth that is how long our agreement will stand; (2) as long as the water still flows; and (3) as long as the grass grows green at a certain time of the year. Now we have symbolized this agreement and it shall be binding forever as long as Mother Earth is still in motion. We have finished and we understand what we have confirmed and this is what our generation should know and learn not to forget.”

(These words were taken from a publication from the library of Jacob & Yvonne Thomas, 1978.) They weren’t just words sang by the original man in black!
Today, we are left with trying to get the Crown to uphold its end of this Treaty Relationship. The task has never been more in the forefront as it has been since the land reclamation of Kanonhstaton (former Douglas Creek Estates) began in February 2006 by the Onkwehonweh of what is now known as the Six Nations. Since this negotiation process has started, the Haudenosaunee representatives have continually reminded the Crown representatives of Canada that their obligation to uphold and protect this relationship is just as binding today as it was in the early 1600’s when the first friendship treaty was established. No law or any unilateral acts of the British Crown in the formation of what is now known as Canada or the United States can take away from those responsibilities, nor can any other law supercede these Treaties.

It’s also important to mention that long before Christopher Columbus ever set sail to come to our homelands, we had already established trade routes with other peoples and the reality is, this is what he was after. They wanted the
resources of which our land was so rich with, and this is what they are continuing with today. The problem to date is that Canada continually acts as if we are in a litigation process and is still trying to be judge and jury as well as the accused.

This is not acceptable and is not the agreement of how we are sitting at this table. We are in Nation-to- Nation dialogue to resolve land rights that have been ignored, manipulated and misappropriated for centuries, and if we are to truly seek a peaceful resolution, this is the only way this can be done. So where does that leave us. We have the Federal and Provincial Government of Canada sitting at the negotiations table on these terms. But do they really understand and are they capable of upholding these terms. Some of our people think not. This is why the request was put to the Crown rep-
resentative, the Governor General of Canada to reaffirm and polish the Silver Covenant Chain. So our minds would be refreshed and that we will be reminded that those three links, which stand for friendship, good minds and peace between us, could be utilized to help in resolving the long standing grievances between our two peoples. To date, this request has been ignored. Many of our people believe that the only way this can be resolved is to have another Nation sit in as observers to ensure that this process is being adhered to.

As far as any progress at the negotiations, the only productive, positive, revolutionary suggestions that have been put forth, have been put forth by the Haudenosaunee. At our recent lands table meeting at the beginning of this month, the Haudenosaunee suggested that in order to move things more quickly, that the research teams from the Crown and the Haudenosaunee should work together, diligently, to go over all of the documentation that both parties have gathered, to bring a summary to the negotiators, rather than continue on this month by month volleying of materials back and forth with
no real idea of where this information will be used to bring certainty to any of the land grievances in question. This was seen as a positive step and was accepted by the Crown as a way to move things forward.

The other thing that was suggested, again by the Haudenosaunee, was an offer to come up with some kind of formula that would allow for the interests of the Six Nations to be addressed when it comes to financial compensation in areas where monies were collected on behalf of the Six Nations through land leases etc., but monies that were never used to benefit the Six Nations but rather, were used for the interest of the Crown in the establishment of what was formerly known as Upper Canada. The idea came from our people as a result of the Crown’s inability or unwillingness to provide an accurate and formulated reasoning for the offer of $125 million that was put to the Six Nations several months ago. They want us to relinquish title to the land. This will never happen. They want us to lump several of their ‘claims’ into one bucket for resolution, without giving us an idea of how they formulated their offer in the first place. Again, unacceptable. It is neither fair nor just.

The only formula by which we have left to use is based on the settlement which they quickly provided to the Henning brothers who were contracted to originally develop the lands, and who within several months of having their development stopped, were given a substantial amount of settlement, I’m guessing, based on today’s market value. As the titleholders, we not only have the right to compensation for the loss of use, but we also have the responsibility to the coming faces to ensure that their interests, for the current and ongoing land use, provides compensation in a way that respects the per-
petual care and maintenance that these leases were originally designed for. The offer to the Six Nations was miniscule compared to that which was given to the Hennings, and until we are able to come to an agreement on a formula that addresses everyone’s concerns, it is inexcusable for them to expect us to accept or even consider any offer. The fact is, it was an attempt to try and show the rest of the world that they were the one’s being honourable and that somehow the Haudenosaunee were being unreasonable. It was being used as a political ploy to gain support and gather votes for their political party.

This is where the third and final attempt at finding a resolution comes from, and not just for Kanonhstaton, but, throughout all of our land base within Turtle Island. The Hodiyanison, in our council, have adopted a protocol established through what is being called the Haudenosaunee Development Institute (HDI), that allows for consultation between municipalities and
developers to properly and formally consult with the Haudenosaunee. This was done outside of the negotiations because quite frankly, the provincial and federal representatives refused to heed to the advise and concerns of our people that it was imperative for them to stop issuing development permits on unceded lands along the Grand River. They were told that as long as they continued issuing permits, it was considered direct action, and that they were shoving our people’s faces in “it”. The Province continued to advise the developers that it was business as usual, and continued using the Grand
River Notification Act that requires them only to notify the elected system that a development is being considered. They were also advised early on in negotiations that this practice was unacceptable to the Haudenosaunee and did not meet our consultation requirements.

What’s important and what people need to understand is that the Province has failed to recognize and respect their own laws, which require them to consult. In 2004 in the cases of Haida and Taku, the Supreme Court of Canada recognized that it was not legal for the Crown (including the Province and/or any of its agents such as a municipality) to issue permits which would have the effect of limiting established or asserted rights without undertaking
consultation and accommodation of the right in question. The Province of Ontario has failed to consult with the Haudenosaunee with respect to permits issued for current projects and as such, the permits are not legal within Canadian law and work should immediately cease. They don’t want to do that. They want to holler about the Law of the Land, but only when it is convenient.

Recently the HDI has been likened to the mafia, calling one of the representatives Tony Soprano. It’s been suggested through the media and gossip columns that what we’re involved in is some kind of extortion because in our process land fees and financial benefits for the Haudenosaunee might be part of the agreement. Let’s back up a minute here.

First of all, we are a Sovereign Nation. WE DO NOTNEED ANYONE’S PERMISSION TO MAKE AND ASSERTLAWS UPON OUR LANDS. We are at liberty to enter into agreements with whomever we so desire to protect the interests of our future generations, and we fully intend to continue to do so. And we will assert our authority by whatever means we feel necessary with respect to our lands and the land use. Land user fee’s and lease agreements are the basis by which a lot of these towns and townships were built. What went wrong is the Crown reneged on the payments of those same leases, they created phoney land titles and patents, they’ve been charging their citizens taxes, land fee’s, development fee’s etc., etc., on lands to which they have no legal title. Now you tell me who the real extortionists are!!!!

The HDI is a way of moving forward in the form of renewing the leases if we so desire, or having those leases termed as null and void for failure to make payment, and thereby the Crown would relinquish their claim on our lands. It also maintains the position of the Haudenosaunee that title to our lands cannot be relinquished, but we recognize that the interests of other’s, including the Canadian citizens who are now occupying those lands, who have been left to basically deal with things on their own by their political representatives, are being considered and protected as well. Again, it is the
Haudenosaunee or who are looking out for the interests of all, including those of our neighbours. You may recall several months ago in one of my updates that the Crown was informed that if they continually refused to stop issuing the permits for development of our lands, if they failed to come to the table honestly and with integrity to try and come to a resolution, that they left the Haudenosaunee with no choice but to deal directly with the developers, municipalities and individuals.

They were given notice. They refused to comply, and now we are following through. Simple as that. As the only Sovereign on these lands, given the authority through our Peacemaker, no other nation has the right to interfere. It gets back to what was suggested nearly a year ago and that is for the Crown to admit that it has done wrong. To me, if they truly wanted to have a peaceful resolution, they would simply admit that there were wrongs committed, and begin working with us at sorting out how to best address those wrongs. Admitting ones mistakes is the beginning of setting in motion an opportunity to correct them, and to also learn from the past to prevent future mistakes. So again, it is the honour of the Crown that is at stake.

There were also statements made from the Elected Chief implying that HDI process is illegal. This too shows the lack of understanding and education some of our very own people have on who we truly are as Haudenosaunee. And while I have to give them some credit because the elected council did recently issue a letter to Haldimand Township advising them to stop development within the Haldimand Township, it is almost more in line with campaigning than sincerity. The elected Chief and others on the band council; (I will not say all because some have worked tirelessly and endlessly to try and help) for the most part, have followed in the footsteps of the Crown. Whether it is because they feel they are obligated to, or whether it is they don’t understand, the reality is; they are playing right into the hands of the Crown and are helping in the attempted destruction of our traditional council, a government that dates back hundreds of centuries.

A government that was established through the Peacemaker, and based on the Law which was given by our Creator. A God given Law. It is really hurtful to know that some on the elected council are sitting there, hoping and waiting for the Confederacy Council to fail in its endeavour to protect and uphold those ancient customs. They say they are the government. What kind of gov-
ernment would be cheering for the demise and destruction of its own people. What kind of government would be gleefully counting the days where they can childishly laugh and point fingers and say “I knew you couldn’t do it”. What kind of government would work with the enemy, to plot against its own people. To work not to help in the process, but to work against it every step of the way in the hopes that this attempt at finding a peaceful resolution would fail. It is not a government that has the interests of its people at heart, of, that I am certain. But it is what it is, and they are the ones that have to face our Creator and answer for what they are doing and the things that they have already done.

Which brings us to the last part of this update. The Stirling Street development. Alot of our people who are fed up with the on-going development on our lands and have been working hard at giving notice to developers in many towns and townships along the Grand River, informing them that they are developing on unceded territory and that they are required
to consult with our Confederacy Council. They weren’t told to do it. It’s within their basic human rights to do so. These demonstrations have always been peaceful and without incident. No one, except those involved, truly knows what happened at the Stirling St. development site. What we do know is that someone ended up hospitalized and that some of our young people were hurt.

A statement issued from the Confederacy Council offered its condolences that a man was hurt and that violence could not be condoned. They didn’t imply that our young people were guilty, nor did they excuse the developer for any of his own part for the violence that erupted, they simply said as a Peace Council, that they could not condone violence. They further stated that we would honour the word of our Haudenosaunee representatives, who had helped find a resolution that day. The tentative agreement that was reached was simply that all construction was to stop, and we in turn, would leave the land for three day’s to allow time for us to come to a peaceful resolution. This did not come from just one man. It came from discussions with everyone who was at that site that day. The people who were there to protest, told their concerns, and their concerns were taken to the developer to try and come to a resolution. A tentative agreement was reached. What followed was that some of our people didn’t honour that agreement because they said that they weren’t consulted and they felt that the developers hadn’t honoured their end of the agreement because developers were still on the site after a given time, and they said that the Haudenosaunee representatives weren’t speaking for them.

This resulted in several day’s of continued discussions between Haudenosaunee representatives and the developer, as well as many internal meetings and discussions with not only those who had occupied the development site, but also within the territory. The Chiefs and Clanmothers and the rest of the people involved were left with the huge task of trying to
resolve it so that no further violence would erupt. First and foremost, they were required to follow and adhere to the principals of the Kaienerekowah. The Great Law of Peace, which it is often referred to. They also had to look beyond today.

They had to look toward the future and the seven generations that we all talk about, but rarely ever consider when we make rash decisions, without thought or consideration of the effects that this will have on everyone else and everything we are all working toward. These are the things that weighed heavy on their minds and in their hearts as they were called by the press to respond to the situation after a man was hospitalized, when none of them had any real clue as to what had happened or even why it had happened. They were left to try and deal with a situation, that no matter how good the original
intention was, had had a negative rippling effect throughout Onkwehonweh territories. They had meeting after meeting, discussion after discussion, phone calls, meetings with their clans and other people in the community, sitting down and talking with the people who had taken the action, trying to understand, and hearing from them what had happened; at the same time reminding them of the responsiblities that come with standing and protecting that Law, trying somehow to come to a decision that would do what it is they are required to do. And that is to protect the over-all interests of ALLof our people throughout Haudenosaunee territories not just here in Grand River, as well as to protect the interests of all the other Onkwehonweh who are counting on this process to succeed. They had to think about all of those people who don’t necessarily believe in the traditional government, those people who follow the band council, our elders who can’t come out to council and they also had to consider the coming faces. They had to uphold and protect the very essence of who we are as a people and the Ancient Law, customs and rituals that were provided to us through the Peacemaker. And yes, they
had to look out and protect our interests in the land. They even had to take into consideration the non-natives who are being used as pawns by the Crown agents in this political game they seem to be playing with people’s lives. All of these things they had to consider and stay focused on and that is what they did. This was no easy task. Out of all of these things they had to consider, they had to come to one mind in the Chiefs Council, and this is where the concensus comes in.

And this is where the problem lies. The press right now is trying to make it out to be a “splinter group” and has suggested that some of us have referred to our people as such. This is not the way it is. In our ways, in the Cayuga language, it is referred to as ‘O:YANON DAGAEYAGODINIGOHA’, which translates to ‘they’ve chosen a different idea to do something different from what the council thought best for this situation’. So again, the importance of understanding what has happened and the importance of our languages when the outside world wants to paint it with a very small brush, the true meaning can get lost in translation. It is the same as what has happened in the history of the land leases, which the Crown wants to say are surrenders, and our history and oral traditions tell us that they were leases for plough’s depth, and for our perpetual care and maintenance. Accusations and finger pointing that the Chiefs and Clanmothers somehow violated our Law is the end result of these misinterpretations. And for everyone of our people who feel that they were abandoned, that they weren’t consulted, and that concensus was not reached, there are 200 times more of our people who felt the same way about the actual action taken by those who stopped the development. They didn’t have concensus, nor did they consult the rest of the people or the Confederacy Council.

But the true blame and responsiblity of what happened at the Stirling St. development site and the resulting violence that erupted, lies with the Crown. The Provincial government for not adhering to their own laws which require them to stop issuing development permits on our lands until they have fully consulted with the Haudenosaunee, and the Federal government for not showing any leadership in ensuring that the laws to which they are all obligated, are followed. There again, this has always been their strategy. And once again, we fell for it. Divide and Conquer. I’m sure someone, somewhere, is getting a really good chuckle over how they were able to once again, throw a monkey wrench into what was a really strong and powerful movement by the Haudenosaunee at asserting our land rights, conveniently at a time when the Haudenosaunee Development Institute had just been launched.

As far as statements that the Clanmothers and Chiefs and others turned our people over to the police and have committed treason, it is the furthest thing from the truth. When concensus was reached to work something out with the developer, basically what was being said was simply that “this is our circle and this is where our people, and our laws are. This is what we are obligated to protect. This is where we would like all of our people to stay and we will all work together to resolve it, and to continue on the path that we have set in motion to secure the land rights of all of our lands, not just this one small
development area”. It was felt to be the best decision to maintain the peace in the already racially descriminatory town of Haldimand. It was felt to be the best decision strategically as the lands in question would be more like a trap to our people should we choose to dig in on that one small piece of property. It was felt that while we might allow this developer to continue in this area, without relinquishing our title and our rights to the lands, without absolving the Crown of its obligations to the original lease agreements, there were far greater areas that would not be considered for development, areas that we fully intend to secure for our future expansion through the implementation our own “places to grow legislation”.

This isn’t about any claims process as some people believe.

The Haudenosaunee will always retain our rights to the land. For many days there were Faithkeepers, Clanmothers, Chiefs, and many of our Ratiskenekethe that took it upon themselves to meet with the people on the Stirling St. site, to try and explain to them the reason this decision was made, and bring their minds back to the Unity and Peace that we started with, and that we all wish to retain. But again, it is not for any one of us to force our people’s minds into agreeing with anything. All that was stated is that this is where the Confederacy is, it is up to you as individuals to decide where it is you are standing. It took far greater strength for the Ratiskanreketeh to stand and watch as some of our people chose to cross over the line into the development area then the thinking that what was used to go against the Confederacy. And that is what happened. None of our people called in the police. When our
people went against the agreement, the police took action on their own. And none of us liked what happened that day.

They are still our people and they were doing what they thought best in protecting our land. The cheers from the Caledonia residents and the thumbs up from some of the police are clear indicators and evidence of the continued racism and years of historical misinformation and lack of education on the true history of the Haudenosaunee and our inherent rights to protect our land.

And finally, I have to give a three cheers for John Tory, PC Candidate. He was in Caledonia this past weekend campaigning and made statements such as that ‘if elected in Ontario’s election on October 10th, he would change provincial laws to broaden the definition of trespassing and double existing fines for those who defy the order and illegally occupy land’.

FINALLY, SOMEONE WHO AGREES WITH THE HAUDENOSAUNEE!!! Since we’ve already proven at the negotiation table that basically the whole town of Caledonia was never paid for, nor surrendered, every single one of the people living there are trespassing and illegally occupying our lands, and if John Tory is elected, I will personally make sure he honours his word.

And another tid bit of information for you, I was recently told by a friend of mine who knew people who were looking to buy land around 30 years ago, it was common knowledge back then that the reason there was such a boom in
Caledonia, was because the lands they were buying were being sold at very cheap rates because the lands in question belonged to the Six Nations. That explains a lot doesn’t it!

Bdeep, Bdeep, Bdeep, That’s all Folks!
In Love, Light and Peace,
Hazel
Update from Grand River
 
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Superior Court recognized Haudenosaunee law

Postby Historic Court Decision » Sun Oct 28, 2007 12:10 pm

EXCLUSIVE Turtle Island Native Network REPORT

For the first time - bail conditions recognize Six Nations law and culture. . .

News and Comment
by Tehaliwaskenhas
Bob Kennedy, (Oneida)
Copyright
Turtle Island Native Network
http://www.turtleisland.org

October 28, 2007

A recent significant legal development that has unfolded in connection with Haudenosaunee / Six Nations land rights, is of historic proportion, I believe.

A Superior Court of Ontario bail decision related to a criminal case involving Skylar Williams (Mohawk wolf clan) charged with robbery during a 'Caledonia' incident, is a very groundbreaking ruling.

In fact, it is the only bail case that has integrated Indigenous law into the conditions of release - "made recognition of the genuine Haudenosaunee perspective of Skylar that he is bound by his own law. The release conditions present what is influential to Skylar, as opposed to what would be normal under Canadian bail release conditions," explained his legal advisor Sarah Dover, in an exclusive interview with Turtle Island Native Network.

She said Skylar Williams, with expressed support in court from his community, was able to present his perspective in such a way, that it persuaded the Superior Court judge to set the landmark bail conditions.

"People from the community rallied around Skylar, and it was the community that graciously offered the court an explanation of who they are", what their Haudenosaunee law and customs are, "what their reactions will be" if Skylar violated his promises to them.

Sarah Dover also argued at the bail hearing that because Aboriginal people in Ontario are over-represented by a ratio of more than 5 to 1, that Ontario has the third highest rate of over-incarceration of Aboriginal people in Canada - that because of that, the court needs to make every effort possible to avoid incarceration when there are alternatives available.

"We made a very dramatic stride forward at the bail review, because this was only the third case that we are aware of that the Superior Court of Ontario has made a definite ruling that R v. Gladue applies in a bail case." Gladue is the historic Supreme Court of Canada ruling that judges must give consideration to the circumstances of an accused as an aboriginal person.

The legal landmark in the Skylar Willians bail hearing is that for the very first time "the court said that because we had integrated elements of Haudenosaunee law and culture into the bail release program . . . the court was convinced that Skylar would be shamed within his own community if he breaks the conditions of bail". In effect, the court recognized Haudenosaunee law.

Skylar Williams (was arrested at the Stirling Street land rights site on September 19, 2007).

He still must face a trial and the serious robbery charges (two counts) that were laid after an incident in which a car nearly hit some Haudenosaunee people who were standing at the front gate of Kanehstanton / the Six Nations reclamation site in 'Caledonia', in June 2006. As a result, there was a heated discussion in the parking lot of the nearby Canadian Tire store, and a CH TV crew was there (their coverage of events to date was seen by Haudenosaunee people as being racist) - the tv camera was taken, returned to police shortly after, without the tape.

Despite last week's legal progress with the landmark bail conditions, he is still in jail, awaiting another bail hearing that has nothing to do with land rights and Kanehstanton, - it is related to a breach of his probation in connection with an old outstanding impaired driving charge.
- - -

BACKGROUND on Gladue and Aboriginal Canadians and the justice system
http://www.aboriginallegal.ca/gladue.php
- - -

This story is far from being over.

Here is a report that illustrates how the justice system can treat an Aboriginal person who gets caught in its net . . .

Thursday October 25, 2007

Incarcerated Six Nations Man Threatened by Institutional Staff
by Janie Jamieson
Six Nations

Skylar Williams, a Mohawk Wolf from Six Nations has been held without
bail at the Hamilton Barton St. Jail since the illegal arrests at Stirling Street September 19, 2007. Today we held a rally for him outside the jail where he has been in the "hole" for two days.

We have reason to believe if Skyler is harmed in anyway, we know he is the target of planned and deliberate threats and violence by jail institution staff members.

A few days ago Skylar woke up to find the plumbing in his cell on range 5 was backed up. He notified institution staff on his range. He was accused by staff of backing up the plumbing. The mess was left. Skylar asked for a drink of water, he was told by staff to drink from the toilet. Skylar responded, "there's sh*t" in there. The institution staff's paid professional advise to Skylar was to "take the sh*t out and then have a drink." Skylar refused and notified his lawyer of the situation. At this point Skyler was without clean water for
approximately 18 hours.

Skyler's lawyer then notified another institutional staff member with a
higher ranking position. The plumbing was fixed. Skyler left his cell
but at lockdown upon his return, Skyler discovered the plumbing
was mysteriously backed up again. The higher ranking institutional staff
attempted to solve the problem by moving Skyler to another cell.

After this incident Skyler was approached by an institutional staff
member and taken to a room with two other staff. At this point Skyler
was told by the one of the staff that that particular staff member
referred to himself as being "GOD" at Barton St. Jail. He then
threatened Skyler by telling him if he and his lawyer didn't stop
causing sh*$ for him, he was going to "fu*$" Skyler up. He also said he
would have it arranged so Skyler's lawyer would have no access to him.

This staff member went on to inform Skyler of his plan to "fu*$" him up.
(There were 2 other staff present when this threat occurred.) According
to the staff member Skyler's fate is supposed to happen in three steps...

1. Skyler would be given a "misconduct" by the institutional staff.

2. Skyler would then be sent to the "hole" for 3 days.

3. After Skyler was done in the "hole" he would immediately be sent to
the range 3 of the jail.

Range 3 is where the men who are waiting to be tried for rape, murder
and other serious crimes are held. Some of these men have already been
convicted of such crimes and are waiting to be shipped off to federal
institutions.

This is where men who have nothing left to lose are sent. In this range
the inmates do special favours for the institutional staff for as little
as an extra meal or coffee. It's a place where you simply do not "rat"
on the institutional staff. Inmates are pitted against one another.
It's also a place where Skyler was told, there are men as big as 321
pounds that could really "fu*$" him up. (The jail staff asked Skyler how
much he weighed just to verify Skyler /would/ be quite smaller and at
greater risk of being injured if sent to Range 3.)

Skyler was also told by the institutional staff the last guy they had
"fu*$ed" up had to crawl to the jail cell door covered in blood. Skyler
was told there were men in Range 3 "waiting" for his arrival. Skyler was
advised by this paid government employee to "quit his bitc*ing" and "to
take his lumps."

Skyler's lawyer spoke with the high ranking institutional staff and was
told by him the only thing he could do to guarantee Skyler's safety was
to put him in isolation where he would be under 24 hour video
surveillance, however Skyler would have to give up the staff members'
names who were threatening him.

Skyler's lawyer has already filed a motion for "habeus corpus" to have
Skyler physically present in court tomorrow for his bail review.

Skyler's cell mate contacted his family this morning and informed them
in the last 24 hours Skyler has been given a "MISCONDUCT" by staff and
has been placed in "the hole" for 3 days.

The instituional staff member has kept his promise to threaten Skyler's
life and safety. This staff member's plan is gone passed the first two
stages.

Something needs to be done immediately to guarantee Skyler's safety and
security. If there is interference in Skylers safety and security or if
his life is put at risk we believe it would be the direct result of
mistreatment at the discretion of institutional staff. We believe they
are abusing their authority to ensure Skyler's life and well being is
put at risk. We believe their attempts at intimidating Skyler are
deliberate and being somewhat overlooked by senior institutional staff.

Let's hope Skyler will gets out of Barton St. Jail safely with his life.
His bail review is at the Cayuga Courthouse tomorrow at 9:00am.

Please forward immediately.

niawen, skennen

Janie Jamieson
Six Nations


Donations for Skyler's legal defense can be sent to:

BMO Ohsweken Branch Transit # 37522
Legal Fund 3014-873
and Site Fund 3014-929

Signatories are Josephine Sandy
Donna Powless and Janie Jamieson

Cheques can be made payable to either the
Six Nations Reclamation Legal Fund or
the Six Nations Reclamation Site Fund

c/o Janie Jamieson RR#1 Ohsweken , ON.
N0A 1M0

For more info e-mail DubbleJ71@aol.com
or call (905) 768-8590
Historic Court Decision
 
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Participants in violent confrontation face charges

Postby Caledonia-CriminalCharges » Fri Dec 07, 2007 1:44 pm

Recent sparks at Caledonia result in criminal charges being laid against alleged participants in violent confrontation . . .

Tehaliwaskenhas - Bob Kennedy ( Onyota'a:ka / Oneida )
Copyright
Turtle Island Native Network
http://www.turtleisland.org

December 7, 2007

Both Natives and non-natives face criminal charges in connection with the recent confrontaion in Caledonia, scene of a Six Nations land rights site. Provincial Police launched a criminal investigation into a December 1st disturbance on Argyle Street.

The two opposing groups confronted each other - there was violence, the road was blocked. OPP officers responded to the volatile situation and additional police resources had to be called in to restore order. The crowd was eventually dispersed and the roadway was reopened to traffic.

As a result of the initial police response to the conflict, Kyle HAGAN, age 36 of Caledonia was arrested and charged with obstruct police and later released. A thorough review of evidence has resulted in further criminal charges - Gary McHALE, age 45 of Richmond Hill - Mischief. Clyde POWLESS, age 40 of Ohsweken - Assault and Mischief, Jessie PORTER, age 42 of Ohsweken - Mischief.

"Nothing good ever comes from this kind of behaviour," said OPP Commissioner Julian Fantino.

"Such ill-conceived actions precipitate confrontation and more negative attention for the community. They contribute nothing of substance. Such agitation and conflict inevitably cause the many law-abiding people on all sides, and the community as a whole, a great disservice. Let me reiterate to everyone involved that, while we recognize the frustration on all sides of this complex situation, the OPP will continue to vigorously pursue law-breakers and hold them accountable for their actions to the full extent provided by our laws," added Fantino.

MORE. . .
Six Nations land rights
http://www.turtleisland.org/news/news-sixnations.htm
Caledonia-CriminalCharges
 
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Canada makes a $26 million land claim offer

Postby Six Nations Breakthrough » Wed Dec 12, 2007 6:30 pm

Six Nations land rights negotiations
http://news.google.com/news?=en&q=six+nations
- - -

Dec 12, 2007

Statement from Canada's Representatives in Six Nations Talks

OTTAWA, ONTARIO

Dec. 12, 2007

The following statement was released today by the Honourable Barbara McDougall, Federal Representative, and Ronald L. Doering, Federal Negotiator, with the Haudenosaunee/Six Nations and the Province of Ontario, following this week's negotiation session with Six Nations and the Province of Ontario.

"Canada's negotiating team continues to seek innovative and concrete solutions to the complex issues facing all parties.

Today, in an effort to find common ground at the table, Canada made an offer to the Haudenosaunee/Six Nations relating to the Welland Canal Flooding Claim - a pre-confederation claim dating back to 1829.

The Government of Canada firmly believes that negotiation, rather than litigation, is the best route to follow for the benefit of all Canadians. As demonstrated by today's offer, Canada remains committed to the process of resolving the complex issues along the Grand River in Southern Ontario.

This offer of $26 million, relates to Six Nations assertion that they were not adequately compensated for the loss of use of roughly 2400 acres of land flooded for the Welland Canal project.

Making progress is key - not only to the people of Six Nations, but also to the residents of neighbouring communities."

The Honourable Barbara McDougall, PC, OC

Federal Representative

Ronald L. Doering, BA, LLB, MA, LLD

Federal Negotiator

- - -

Historical Background

Welland Canal Flooding Claim and Six Nations Grievances

Between 1988 and 1995, prior to launching litigation against the Government of Canada, Six Nations of the Grand River Band had submitted 28 specific claims to Indian and Northern Affairs Canada under its Specific Claims policy.

However, in March 1995, the Six Nations of the Grand River Band of Indians filed a lawsuit against the Government of Canada and the Province of Ontario. Due to the lawsuit, the earlier 28 claims were put into abeyance.

In the 1995 lawsuit, Six Nations calls for an accounting for all the lands and moneys they had, or ought to have had, from 1784 to date. In their litigation, Six Nations provides 14 ‘examples’ of the Crown’s alleged mismanagement of their money and land. One such example is the Welland Canal flooding claim.

Welland Canal Flooding Claim

There are certain basic facts that are part of the historical record regarding the Welland Canal flooding of Six Nations.

In 1829, as part of the construction of the Welland Canal, a dam was built across the Grand River, which resulted in the flooding of certain Six Nation lands. In addition, a federal Act incorporating the Welland Canal Company required that the Company would provide compensation for damages sustained as a result of the construction of the Canal and that Indians who sustained damages would be compensated in the same manner as non-Indians.

Over a period of approximately 120 years, Six Nations representatives complained about the damage caused by the flooding and sought to obtain compensation. In 1949, the Six Nations sought compensation in a case called Miller v. The King, but the petition was dismissed by the Court.

There is no evidence that compensation has, to this day, been paid to the Six Nations of the Grand River for the value of the flooded lands.

Six Nations Land Rights
http://www.turtleisland.org/news/news-sixnations.htm

- - -

Also of interest . . .

First Nation Chiefs Confirm Support for New Approach to Resolving Specific Claims

OTTAWA, Dec. 12, 2007

First Nations leaders from across the country, gathered at the Assembly of First Nations' Special Chiefs Assembly in Ottawa, Ontario, adopted a resolution today calling for a fair, effective and efficient system to resolve First Nations' specific land claims. The resolution is in relation to Bill C-30 (the Specific Claims Tribunal Act) and the companion Political Agreement jointly developed by the AFN and Canada and announced November 27, 2007.

"Clearly, there is a desire by all First Nations to see a new approach in place as soon as possible. The resolution endorsed by Chiefs today supports moving forward on our work with Canada to establish a new way to resolve specific claims," AFN National Chief Phil Fontaine said. "The resolution recognizes that First Nations have an active interest in a full review and discussion of the proposed legislation. And as such, the AFN will facilitate First Nations involvement in discussing the approach and in raising any further issues with the Parliamentary Committee. I also want to extend my thanks and gratitude to the Government of Canada and our First Nation leaders and experts who worked so hard to produce this new approach."

The result of the joint process by AFN and Canada includes the legislation as well as a Political Agreement that provides an ongoing forum for Canada and First Nations to deal with outstanding issues not covered in the legislation. For example, the legislation focuses on claims up to $150 million. While this covers the vast majority of claims in Canada, a process to deal with claims over $150 million is a topic for further discussion.

B.C. Regional Chief and Co-Chair of the process Shawn A-in-chut Atleo
stated: "The resolution calls for First Nations to be fully and meaningfully
engaged in the outstanding issues recognized in the Political Agreement and
the implementation of the legislation through to a statutory review in 5 years. The AFN welcomes input from across the country and recognizes how
important this legislation and Agreement is to all First Nations and Canadians."

Chiefs are looking forward to hearing from Indian Affairs' Minister Chuck Strahl, who will address the Chiefs in Assembly tomorrow, Thursday, December
13 at 1:00 pm.

www.afn.ca
Six Nations Breakthrough
 
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Legal Notice . . . All contents are copyright 1998 - 2010 ... No material from this site may be reproduced, modified, republished, transmitted or distributed in any way without the owner's prior approval. All Rights Reserved by Tehaliwaskenhas Bob Kennedy . . . This is a Native Owned and Operated Web Site
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