[IPSM] FW: MNN Six Nations - Canada in contempt of Internatonal Law

Mon Mar 20 18:29:50 PST 2006

Roger Lymburner
Vice President AREN International Inc.
Canadian Affairs
http://www.geocities.com/montrealshaman
http://www.aren.org
http://groups.yahoo.com/group/aren_canada/

>From: "Orakwa International Indigenous Ent." <orakwa at paulcomm.ca>
>To: "ActionCanadaNetwork" <actcan at web.net>
>Subject: MNN  Six Nations - Canada in contempt of Internatonal Law
>Date: Mon, 20 Mar 2006 20:34:17 -0500
>
>CANADA IN CONTEMPT OF INTERNATIONAL LAW AT SIX NATIONS
>
>
>
>MNN.  March 20, 2006.  Canada gives international law the finger.  "Screw 
>you", says Canada.  Ontario Superior Court Judge David Marshall, said, "I 
>know you poor people have been victimized for so long.  I understand how 
>you feel", he cooed in a patronizing tone.  Marshall said the last thing he 
>wanted to do was to send protesters to jail or give them criminal records 
>for their beliefs.  Someone suggested he step down because he has land in 
>the disputed area.  He ignored the request and slapped the protesters with 
>a court injunction.
>
>
>If he was a man of integrity who didn't have an interest in the outcome, 
>his injunction would have gone against the developers, Henco Industries, 
>who are ruining the land.  Instead he made it against the Indigenous owners 
>who are trying to stop trespassing.  So now Marshall has shoved the land 
>theft into a closet.  Marshall said, "Now you have to deal with the issue 
>of YOUR violation of MY court injunction".
>
>
>
>Native protesters have until 2 p.m., Wednesday, March 22nd to leave the 
>Douglas Creek Estates of Caledonia before facing a possible 30-day 
>sentence.  "You won't be arrested unless you want to," Marshall told Dawn 
>Smith of Six Nations, who stood in front of him holding an eagle feather.
>
>
>
>Marshall is imposing his law on our territory.  How would he feel if the 
>United States did the same thing to him and started imposing their laws on 
>him in his backyard?  We assume that when the US sheriff comes to arrest 
>him, he'll be willing to do whatever they ask him to.  After all, it will 
>be his free choice to be arrested!
>
>
>"Here's my plan", said Marshall, on how we're going to handle the contempt 
>arrests.  "Three strikes and you're out, understand?"
>
>
>
>"First, you have five days to think about your position," he said.  "See 
>what a nice guy I am!  Now if you don't decide to do what I tell you, 
>then.."
>
>
>
>"When the police come in to enforce the order, you will be given a chance 
>to leave.  If you don't leave, then you'll be brought to the police 
>station, photographed, fingerprinted and released".  This is like a man who 
>says he won't rape you.  He'll give you a chance to get undressed 
>voluntarily and slip between his dirty sheets.  Does he really think that 
>the Women will drop their trust responsibilities because of his whims?  
>Does he think that this warning legalizes his self-interested threats?
>
>
>
>"If you don't do what we tell you, (even though the Indigenous people are 
>trying to stop the robbery) you'll be brought back here to my court and 
>then I'll throw the book at you".
>
>This is RAW Colonialism.  The title of this land has been at issue since 
>the earliest British colonization of the area.  The Canadian government 
>knows this.  A few years back it looked like they were finally attempting 
>to negotiate a solution to the ongoing injustice.
>
>Generally speaking, the courts support private land ownership when settlers 
>have encroached.  By giving out title that it knows is in dispute, Ontario 
>is making a transparent attempt to do an end run around the law.  If anyone 
>should have been given an injunction it should have been the Ontario 
>government and the developer.  Judges are supposed to be neutral.  As an 
>occupier of land in the disputed area, this judge is by no means neutral.  
>He's taking sides in a way that suggests he's trying to prove that he is 
>not a squatter or the successor of an illegal squatter.  He has not offered 
>any legal authority for the position he has taken. He's taking his actions 
>purely on the basis of his ability to bring in state force and to threaten 
>imprisonment of the people who have been protesting the wrongful 
>appropriation of their land.  .
>
>
>
>There should be complaint to the Judicial Council about this judge who is 
>in conflict of interest.
>
>Smith argued that the Six Nations were allies of the British Crown and any
>land issues would have to be settled on a nation-to-nation basis.  This is 
>exactly the position that was taken by the Six Nations in the 1920's when 
>Canada refused to hear their case in the Supreme Court of Canada.  Duncan 
>Campbell Scott plotted with official at the League of Nations to make sure 
>the case was never heard.  He did this because he knew that Canada did not 
>have a legal leg to stand on.  It is now 86 years since Canada illegally 
>deposed the Six Nations government in an attempt to shut down these legal 
>arguments.  In all this time Canada hasn't grown any new legs.  Its claim 
>to Six Nation lands is just as illegal as it ever was.
>
>
>
>Grabbing at straws, realizing he was standing on sandy ground and the water 
>of the Grand River was rising fast, Judge Marshall then made an impassioned 
>plea to the Six Nations people for a peaceful resolution.  "What's the 
>matter with you people?  Why don't you forget all about the past and listen 
>to me?"   That's the only kind of solution that people like him can hope 
>for - that people will forget that the land was stolen.
>
>"Please, I am asking the clan mothers, the chiefs and the Mohawks to turn 
>and walk away", (from us filthy land grabbing swindlers before we punish 
>you)", he said softly to the natives in the gallery.  So why didn't he walk 
>away himself?  Instead he decided to come down hard on the People with a 
>great big club!
>
>
>
>What kind of legal argument does he have up his sleeve?  The OPP TRU Team 
>that went into Ipperwash?  That'll scare us, eh?  They're probably looking 
>for work right now since the Ipperwassh Inquiry is folding.  Instead of 
>learning from that debacle, they have decided to repeat it.
>
>
>
>Is this Ipperwash Round II?  Our people are unarmed.  We are on our own 
>unsurrendered land.  We are the constitutional Rotinoshon'non:we.  The 
>settlers are breaking the Two Row Wampum.  They're violating their own 
>constitution.  Same old!  Same old!  Isn't it time to go back to Day I and 
>renegotiate everything?
>
>Janie Jamieson said, "We can't walk away.  The whole issue of 
>constitutional jurisdiction hasn't been resolved yet."
>
>
>
>
>
>Kahentinetha Horn
>
>MNN Mohawk Nation News
>
>Kahentinetha2 at yahoo.com
>
>(coming soon daily Mohawk news on www.mnn.mohawknationnews.com )
>
>
>Contact:  Six Nations, D. Hill 519-865-7722 thebasketcase at on.aibn.com
>
>Call:  OPP Brian Haggith 905-772-3322; Prime Minister Canada pm at pm.gc.ca
>
>

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