[IPSM] MNN URGENT! Sudden Temperature Change at Six Nations

[Jaggi Singh]

---------- Forwarded message ----------
Date: Wed, 29 Mar 2006 13:21:08 -0500
From: Orakwa International Indigenous Ent. <orakwa at paulcomm.ca>

Urgent!  Sudden temperature change at Six Nations - Canadian Court order 
defends corporate squatters - OPP to use guns to resolve constitutional 
jurisdiction issue

MNN.  March 29, 2006.  At noon, Wednesday, March 29th, four Ontario 
Provincial Police OPP cruisers were spotted at the nearby Unity Road 
School, three Jimmys, about 14 to 15 undercover cops, two cruisiers side 
by side above the site and on the other side at Canadian Tire the cruisers 
face the site directly.  A lot of media has suddenly converged.  We are 
asking people to help by emailing the Attorney General of Canada and 
Ontario, The Prime Minister, The Governor General of Canada and worldwide. 
We welcome our brothers, sisters, friends and allies with open arms to 
stand in solidarity with us against this illegal invasion of Six nations 
Land (Highway 6, Caledonia Ontario).

Ontario Superior Court Judge David Marshall just changed his unilateral 
contempt order against Six Nations land owners.  He took a second shot and 
missed the mark again.  He didn't correct the main defect in his order 
that it was made unilaterally at the request of one party in the dispute, 
Henco Industries.  No notice was given to the true owners of the land, 
violating the principles of fundamental justice that are recognized in 
both Canadian and international law, such as the International Covenant on 
Civil and Political Rights.  Canada has signed this covenant but it 
ignores it.

The Crown suggested Marshall's first order was too vague for the OPP to 
enforce.  We suggest it was totally illegal.  The injunction should have 
been made against Henco Industries.  Their right to change the character 
and use of the land is questionable, to say the least.  A proper 
injunction would require Henco to immediately stop construction and 
alterations until the issue of who owns the land is resolved.

MOVE A Canadian person would not be required to respond if an American 
crossed their border, started building on their land and went to an U.S. 
court to defend this right.

Judge Marshall was irritated by the Crown's complaint that his original 
order was "ambiguous" and needed "to be toughened up".  Isn't the Crown 
supposed to represent both sides to a dispute?  As Canada describes itself 
as a trustee of Indians, why is it taking the side of the other party?

The Attorney General of Ontario is not neutral.  He has to side with the 
Province of Ontario which has been misleading Henco into believing it owns 
the land and can give out title.  This violates of the original Haldimand 
Declaration that the Crown would protect the Six Nations' interests in the 
land 6 miles on both sides of the Grand River from its mouth to its 
source.  In fact, one of the first surveys done in the area now called 
Ontario was done to mark out some of the boundaries of Six Nations Land.

Are these folks living in a fantasy world?  They had only one thing in 
mind.  They want the OPP to "Get over there and shoot the hell out of dem 
bad Injuns".  Hey!  This ain't no cowboys and Indian spaghetti western!

In the 1920's Canada sent in the RCMP to throw out the traditional Six 
Nations government and take all our funds.  They had no authority to do 
this.  The Six Nations government could never complete its negotiations 
with the OPP.  The OPP does not have legitimate jurisdiction to conduct 
policing maneuvers on Six Nations land.

Marshall's court order has no legal authority to make orders on what 
happens on Six Nations land.  When the Six Nations people didn't show up, 
he made them guilty of contempt of court.  How can they be in contempt 
when they didn't know about?  There's a whole lot of crazy stuff going on 
here!  Marshall, the court, Ontario, Canada and the OPP are showing a lot 
of contempt for the law.  The Indians are right there for all the world to 
see.  There would have been no problem finding someone to tell them about 
the court hearing.

This is "raw authoritarianism", "We're going to get your off your land 
even if we kill you doing it".

This abuse of legal process is confusing the public.  The Hamilton 
Spectator continually refers to the disputed site as a "construction 
site".  The ownership is in dispute.  This misleading statement 
legitimizes squatting on Indian lands in the eyes of the public.



What are the options for the Six Nations People?  Go to court and appeal 
this improper injunction, which may not be open to them as they may not 
have money for lawyers.



Another option would be for Six Nations to set up mediation with Canada, 
Ontario and Henco Industries under the Kaianereh'ko:wa, which is the law 
of the land that Henco is squatting on.

Squatter Henco Industries expects to see an immediate response by the 
cops.  They're going to arrest, fingerprint and shoot pictures of the Six 
Nations.  Then they're going to let them go with orders "to be good 
Indians" and stay off our land.  "If we see you again, you criminals are 
getting free room and board (jail time) for 30 days".

Native woman, Janie Jamieson, said the new order doesn't change anything. 
It's still illegal.  Douglas Creek Estates is being built on Six Nations' 
territory.  "The whole issue is jurisdiction and title and we're allies, 
not subjects,".  Canada must stop using guns to resolve its legal disputes 
with the Indigenous People.  They know they stole it, they have to give it 
back.

Ottawa sent an independent mediator, Michael Coyle of the University of 
Western Ontario, last week.  The women sent him packing, "There's the 
Eastern Door.  Now get out!"

Kahentinetha Horn, MNN Mohawk Nation News, kahentinetha2 at yahoo.com Coming 
soon daily news at www.mnn.mohawknationnews.com

Six Nations contacts:  Jacqueline_house at hotmail.com ; Janie Jamieson 
905-517-7006; Dick Hill 519-865-7722 thebasketcase at on.aibn.com ; Hazel 
Hill 519-717-4292 519-445-1351

Email the Ontario Attorney General 
http://www.attorneygeneral.jus.gov.on.ca/eng lish/comments.asp