[IPSM] SIX NATIONS LAND RECLAMATION. JANUARY 17-22, 2007 REPORT, INTERVIEWS, and ARTICLES

[sarita at resist.ca]

(please circulate...)


JANUARY 2007 REPORT, INTERVIEWS, and ARTICLES FROM SIX NATIONS LAND
RECLAMATION, GRAND RIVER includes:

*********************************
1. Kanonhstaton Court Report.
2. Solidarity visit with imprisoned Mohawk Warrior, Trevor Miller, Barton
jail, Hamilton. An appeal for letters of support.
3. News articles from local newspapers on the on-going criminalization of
Kanonhstaton, jurisdictional challenges, the negotiations, and Reclamation
actions.
4. McHale Watching – Gary McHale rallies against the Land Reclamation. 5.
Ways to support the Six Nations Land Reclamation and resource websites.
**********************************


THE FIGHT TO DECRIMINALIZE KANONHSTATON – Court Report
by S. Ahooja (Jan 17, 2007)

CAYUGA - Five defendants from the Six Nations Land Reclamation appeared at
the Cayuga court today, accompanied by family members and supporters, to
continue proceedings related to the April 20th OPP invasion and June 9th
incidents. OPP security was tight, prohibiting entrance from all other
doors except the main entrance and obliging everyone to pass through a
metal detector.

Shawn Henry, a young native man who was arrested at the reclamation site
and held in custody for 7 days earlier this summer, pled guilty to assault
with a weapon (bolt and screw). He received 30 days of community service,
12 months probation and is prohibited from returning to the Douglas Creek
site, otherwise known as Kanonhstaton (the Protected Place).

Audra Taillefer, Ken Hill, Christopher Hill and Irwin Ronald Gibson, where
represented by their defense team Jean Paquette and Stephan Ford. Mr. Ford
requested an adjournment in order to perfect his application for a
jurisdictional challenge to be submitted by next week (full article
below).

Christopher Hill, behind bars since mid-December, is the second to be held
without bail review (Turtle Island News article below). The judge did not
wait for his lawyer to appear in the courtroom, and immediately postponed
the bail review to January 24th.

The criminalization of Six Nations Land Reclamation activists has not
abated, as a new warrant for the arrest of Jarrod Greene was issued
yesterday. Many people on the reclamation site fear a new wave of arrests
as Six Nations Police continue to assist the OPP with capturing Warriors.

The jurisdictional challenge aims to assert the sovereignty of the
Haudenosaunee Confederacy, which is protected by the Two Row Wampum (an
agreement between the Iroquois Confederacy and the settlers which
formalizes a commitment to co-exist and respect each others societies and
laws and not intervene). The motion would annul all the colonial charges
laid against the Warriors. Judge Davis granted a suspension of the
preliminary hearings until the motion is heard by Superior court in the
upcoming weeks. The lawyers admit that this legal avenue could take years,
and will eventually have to be heard at the Supreme Court of Canada.

Meanwhile, Trevor Miller’s lawyer says it is important to get him out of
jail before the suspension takes effect, as he would be stuck languishing
in jail until the jurisdictional challenge be decided upon. Monday,
January 22nd Trevor will appear in court once again to set the next bail
review for February 9th . His lawyer has still not received the court
transcripts from the first bail review in August 2006. This has not only
held up proceedings for another overdue bail review, which should take
place every 90 days, but has also violated the court order to produce the
transcripts declared by the then sitting judge, Marshall, at the last
court appearance in December 2006.

Supporters and family members were determined not to let the stalling
tactics discourage them from increasing political pressure and pursuing
the campaign to shed light on the continuous criminalization of people
involved in the Six Nations Land Reclamation.


More on 

PROTESTER'S LAWYER CHALLENGES THE WAY COURTS TREAT NATIVES
Jan 18, 2007 - Cayuga, The Hamilton Spectator
http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout/Article_Type1&call_pageid=1014656316146&c=Article&cid=1169074213192



SOLIDARITY VISIT WITH TREVOR MILLER - An appeal for letters of support
By Fiona Becker (Jan 21, 2007)

(Trevor Miller is a Mohawk of the Bear Clan from Six Nations of the Grand
River Territory. He has been in custody since August 8th, awaiting a trial
date and a bail review for charges related to the Six Nations Land
Reclamation.)

We visited Trevor Miller at the Hamilton Detention Center on Wednesday
January 17th, and spoke with him, via telephone, through a glass wall for
approximately 20 minutes.

Trevor is extremely appreciative of the letters that he has been receiving
from all over the world and said, “they are some of the only things that
keep me going”. He is locked up in a cell for 13 hours a day, lights go
out at 8 pm every night, and the detention center is notorious for inmate
violence. He himself was a victim of this violence in November 2006.

Prison authorities have unsuccessfully pressured Trevor to give up the
whereabouts of those who still face charges and who have not been picked
up by the OPP.

Trevor is holding up and explained that he is reading and writing every
day, “I have never learned so much in my life”. He has been reading the
Great Law of Peace and the ways of the Onkwehonweh.

Trevor has been writing back to people who send him letters. But because
jail authorities often rip off the return address, he can’t respond. He
requested that return addresses to be included in the body of the text, so
that he can then respond to everyone who writes to him. He asked that
those who have already written, re-write again, as indicated.

Trevor also mentioned that his reading material is running out. Much of
the material that he is sent is often screened and denied to him by the
administration. He said that the best way to ensure that books and
magazines or newspapers get to him is by sending them directly to his
mother.

All in all, Trevor wanted the message relayed that he is extremely
thankful for all the letters of support. Please continue to write to
Trevor Miller and let him know that he is not alone.

Send letters to:
Trevor Miller – Range 4D
Barton Street Jail
165 Barton Street East
Hamilton, Ontario, L8L 2W6

Please also send reading materials to Trevor Miller via his mother, Trudy
Miller. Trevor is particularly interested in reading about the history of
colonialism on Turtle Island. (Books by Ward Churchill and Taiaike Alfred
are recommended).

Send reading material via Trudy Miller:
P.O. Box 221, Ohwsweken, Ontario, N0A 1M0

SUPPORT THE LEGAL DEFENSE FUND!
Send checks to:
Janie Jamieson - Delegated Spokeswoman for the Six Nations Land
Reclamation RR #1, Ohsweken, Ontario, N0A 1M0   (mark “legal defense
fund”)



TRANSCRIBED ARTICLES - TURTLE ISLAND NEWS & TEKAWENNAKE
(local newspapers in Six Nations)


SECOND MAN STILL IN JAIL
(Turtle Island News, Jan 17)

CAYUGA - A Six Nations man arrested by Six Nations police two weeks ago on
an outstanding OPP warrant remains in custody after an appearance in
Cayuga Court last Wednesday. The case was adjourned until today.
Christopher Hill, 20 years old, was arrested in Oshweken and handed over
to the OPP on charges of assaulting a police officer during the OPP raid
on April 20th at the former Douglas Creek housing development. He’s the
second man from Six Nations to de denied bail after being arrested for
involvement in incidents related to the land reclamation. Trevor Miller,
31, was denied bail Sept 22 last year and has remained in custody for the
past six months. He is facing two counts of robbery plus violence, assault
causing bodily harm, and simple assault for his involvement in an
altercation with two CHTV cameramen on June 9, 2006. Miller and Hill are
both scheduled to appear at the Ontario Superior court in Cayuga Jan 17th.



SIX NATIONS NEGOTIATORS GETTING IMPATIENT WITH THE PROVINCE
By Jim Windle with files from Randell Hill (Tekawennake, Volume 38,
Edition 3)


SIX NATIONS- The proof will soon be in the pudding as to whether
Caledonians who say, “if the land is theirs, give it to them and get it
over with,” are sincere or not. Late Tuesday afternoon, the Six Nations
Iroquois Confederacy released a statement that may be the first step
towards ending the Caledonia land claim dispute and lancing the festering
sore, which has been irritating an already volatile situation for almost a
year with the occupation of Douglas Creek Estates subdivision.

But the road to that settlement threatens to be just about as rough as the
old Plank Road itself. Earlier in the day, an OPP press release announced
the issuance of a warrant of the arrest of Jarrod Greene.  The man is
alleged to have been behind the controls of the front-lend-loader that dug
up a small intersection of Highway #6 during a tense confrontation between
Natives and Caledonians on Bread and Cheese Day (Victoria Day, May 22,
2006).

So far, OPP report 32 people being arrested who are facing 69 charges
related to the Reclamation. Police say Green faces mischief charges for
his alleged part in the incident involving the front-end-loader. But
Confederacy Chiefs have countered with their own statement, which they say
makes Green’s charged null and void, since they argue the province has no
jurisdiction to pursue the incident.

Allen MacNaughton issued a statement to the media shortly after a tense
exchange with provincial negotiators at a side table meeting, which
resulted in the Six Nations delegation and the federal representatives
reprimanding the Ontario negotiators for altering an agreement already in
place regarding the dismantling of some of the homes on the former Douglas
Creek Estates. “The point we’re making is that it’s critical,” MacNaughton
told Tekawennake. ”We’ve been sitting at this table for this long -
information has been put out on the table from both sides. We need to see
some movement at those tables.”

MacNaughton is convinced the Crown has been surprised by the amount of
supporting documentation Six Nations has presented to support its claim
that the land in question was never surrendered for the purpose of sale.
“But they’re still not moving,” he said. “I’m worried that they are going
to procrastinate and drag this out until they have an election and then
they’re going to start all over again.”

The media release that went out Tuesday reads as follows: “Six Nations,
through its negotiating team, has tabled documentation with the federal
government of Canada and the Province of Ontario, on lands not only at the
former Douglas Creek Estates housing development on the outskirts of the
town of Caledonia, but on the Plank Road (Highway #6) itself. That
documentation has been tabled as part of the now almost one year-old Six
Nations/federal/Ontario negotiations dealing with Six Nations land rights
up and down the Grand River.

Mohawk Chief Allen MacNaughton said the Six Nations Haudenosaunee are
confident that Canada, in right of the Crown, does not have any
documentation that supports the transfer, sale, or surrender of Plank
Road, and has not filed any documentation to support any position that is
contrary to the documents filed by the Haudenosaunee Land Rights
Negotiating Team outlining Haudenosaunee rights over these lands. As a
result, the recent move by the Ontario Provincial Police to charge a Six
Nations man in connection with the digging up of a small portion of Plank
Road during a volatile weekend in May that saw Caledonia residents assault
Six Nations people, has placed the OPP not only outside their
jurisdiction, but embroiled them in a political issue that is outside
their mandate as a police force.

Ownership and title to the road belongs to the Haudenosaunee. Any decision
affecting either the road, the incident outlined by the OPP or the Six
Nations man involved, fall under the authority and the jurisdiction of the
Six Nations Haudenosaunee Confederacy Council.  The Six Nations
Confederacy Council Hodiyenehsoh (Chiefs) have been working for almost a
year towards a peaceful resolution of the Reclamation of Douglas Creek
lands at Caledonia and Six Nations land rights.

Chief MacNaughton said the move by the OPP is ‘an intrusion into an area
of jurisdiction that is outside the authority of a police force. This
clearly is a political matter, not a criminal activity.’ MacNaughton said,
‘it is these kinds of antics by the province, the federal government and
its police force that are causing delays at the negotiating table and
continues to place Six Nations’ lives at risk.’ The Hodiyenehsoh are
dedicated to finding a peaceful resolution to the Douglas Creek Estates
Reclamation and working with the Crown, as represented by both its federal
and provincial governments, towards a long-term plan aimed at finding a
resolution of Six Nations land rights issues. But Chief MacNaughton said,
“We will soon be celebrating another anniversary, this time of the
reclamation. We will be marking one year at the table with little progress
as the federal and provincial governments continue to engage these small
tactics.” Six Nations land issues are the oldest in the country. The
Haudenosaunee have been waiting for over 200 years for answers from the
federal crown over what happened to Six Nations land and trust funds.

“We will be soon to have been waiting 201 years, said MacNaughton.” It is
not known at this time when the talks will resume. There is some fear that
the release of this information on the ever of Gary McHale’s flag rally,
could cause certain Caledonia residents to overreact. OPP have assured
those at the reclamation site that they are well prepared and equipped to
handle the situation and have urged Natives at the site to stand down and
let them handle it.



WHO OWNS MOHAWK PARK?
By J. Windle (Tekawennake, Jan 17)


BRANTFORD - “Signs or no signs, this is Mohawk land,” according to members
of a group known as Mohawk Nation of the Grand River. The signs they put
last week at the entrance of Mohawk Park and at the intersection of
Birkett’s Lane and Mohawk Street in Brantford have since been removed. The
4x8 food painted wooden signs declare that the lands in question represent
“repatriated sovereign Mohawk Nation land” as per Haldimand Treaty of
October 25th, 1784.

The purpose of the “Good Faith Notice” as they called it, was not to
frighten or discourage public usage of the Park or the adjacent Glebe
lands, but rather to save it from any possible plans to complete the
Brantford Southern Access Route which would destroy the beautiful green
space Brantford and area citizens have enjoyed for generations. City staff
removed the Mohawk Park sign late Tuesday afternoon under orders from city
Hall. But the Mohawk Street sign remained up. That sign was defaced with
black spray paint before being removed by unknown persons. Mayor Hancock’s
stated the sign was “inappropriately” placed. It is his understanding that
Mohawk Park has not been Mohawk land since John Lovejoy took possession of
the tract in the 1830’s. Ownership and usage of the land has changed many
times since then, but Mohawks question how the property got into Lovejoy’s
possession in the first place.

It is their contention that the parcel of land was given to Lovejoy,
without Mohawk approval, in the months leading up the digging of the Grand
River Navigation Company’s canal. Documents of the day show a lot of land
speculation going on in advance of the navigation company’s canal system
being built, promising great wealth to anyone holding land along the
canal.

What is now Mohawk Lake was then a marsh, which was to be dredged out to
provide a turn-around area for freight barges and small passenger ships.
As such, this was soon to become very valuable property for Lovejoy. But
there was a problem.

Six Nations sitting Chiefs refused to surrender land except for the
purpose of establishing lease arrangements. This was common practice in
the time of Joseph Brant. Lease deals retain Aboriginal Title while at the
same time produce ongoing revenue for the people of Six Nations. At least
that was the plan.

An agreement had been reached with the Crown that the management and
transaction of land dealings along the Haldimand Tract were to be handled
by government appointed trustees who were to obtain specific permission
and approval from the traditional confederacy chiefs of the day before
made legal. Revenues from sales and leases were to have been held in a
trust fund and dispersed back to the Six Nations for the daily needs of
the community.

Both the land and trust fund were systemically stolen with Six Nations
chiefs having no recourse other than to file letters of complaint, which
they did. But their concerns and demands for an accounting of their lands
and funds were stonewalled time and time again, until today.



WE PAY NO GST OR PST SAYS ‘MOHAWK NATION OF THE GRAND RIVER’
By J. Windle (part of an article in Jan 10 issue, Tekawennake)


SIX NATIONS – A ‘Notice of Good Faith’ appeared in the Brantford Expositor
Monday, informing businesses and shopkeepers that members of the Mohawk
Nation of the Grand River will no longer pay PST and GST anywhere along
the Haldimand Tract. The Mohawk Nation of the Grand River organization has
started a campaign designed to educate and re-establish itself as the
legal title-holders of the Haldimand Treaty. “We’re not saying we are
better that any of the Six Nations, but we do have a traditional role to
play which has been ignored by for many years by the Haudenosaunee
Confederacy.” Mohawk Worker representative Bill Squire told Tekawennake
recently.

With the discussions going on between Haudenosaunee Confederacy
representatives, the Six Nations Elected Council, and the federal and
provincial fact finders, this group of traditional Mohawks believes it can
no longer stand back and watch and do nothing while Haldimand Tract lands
are being negotiated without ‘legitimate’ representation. They reject the
legitimacy of Haudenosaunee Mohawk Chief and lead negotiator Allen
MacNaughton.



McHALE WATCHING
By S. Ahooja (Jan 20, 2007)

KANONHSTATON - Hundreds of Six Nations community members and non-native
supporters came to the Six Nations Land Reclamation site today to face off
with the 30-person anti-native rally staged by Richmond Hill resident,
Gary McHale. This is the 3rd rally he has organized since October 2006 in
which he and his friends attempt to put up a Canadian flag on the
Reclamation site. Although McHale does not have a lot of local support
from Caledonians, he has made a name for himself through media-stunts and
his racist antics. He claims that the OPP are scared to arrest people for
the so-called criminal acts committed on the Douglas Creek lands, which
proves that Canada maintains a two-tiered justice system which privileges
Natives.

The racist rally flew dozens of Canadian flags and attempted to by-pass
the OPP line stationed 200m away from the site on Highway 6, leading to
Caledonia, Several McHale supporters gathered at the opposite end of the
site near the Reservation. Over 40 riot police in full gear joined the
dozens of OPP forces and OPP helicopters to survey the crowd throughout
the 2-hour stand off.

In response, Six Nations community members flew the Warrior flag and the
Confederacy flag above the Canadian and American flags, at the entrance to
the site located on Highway 6. Kanonhstaton supporters came in large
numbers and flew flags from various local unions and organizations, such
as CUPE local 4400, with 12,000 members who have voted for full support
for the Six Nations Land Reclamation. The Lebanese flag was not far from
sight, as well.

Six Nations members were adamant about not provoking confrontation with
the racist crowd, and cracked jokes amongst themselves and with McHale.
Laughter was heard throughout the morning stand off. Many people felt that
McHale was simply helping to strengthen their unity and determination to
keep going with the land reclamation.  A bake sale was organized to raise
funds for legal defense, and people gathered at Headquarters to chat about
the day’s events.


For more news on anti-reclamation rallies, visit:

January 20, 2007
IT'S ABOUT ACCOUNTABILITY: McHALE
Gary McHale holds another protest today. 'My goal is to expose that the
government doesn't listen to the will of the people'
http://www.hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout/Article_Type1&call_pageid=1014656316146&c=Article&cid=1169247013030

January 20, 2007
RIOT POLICE WATCH CALEDONIA PROTEST
Aboriginals, demonstrators gathered at disputed land claim site
http://www.thestar.com/article/173183

January 21, 2007
OPP TAKES "NO NONSENSE" STANCE AT ONT. LAND OCCUPATION
http://www.canada.com/globaltv/ontario/story.html?id=de5d11da-bdf0-4320-ac06-38ca21b69c3f&k=82761


December 16, 2006
OPP ARREST CALEDONIA PROTEST ORGANIZER MCHALE
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20061216/caledonia_arrest_061216/20061216/



WAYS TO SUPPORT THE LAND RECLAMATION

1. Financial support for the Reclamation site is still needed and very
welcome. Solidarity visits are also needed as the one-year anniversary is
coming up on February 28th, 2007 and government officials still have not
recognized the legitimacy of their land titles.

To send money to the Reclamation site:
Send checks to Ruby Montour or to Janie Jameson (marked “reclamation site
fund”)
RR#1, Ohseweken, Ontario, N0A 1M0

2. Send letters, call and email the Canadian government to let them know
you want an immediate solution which will recognize the legitimacy of the
Six Nations land claims, as well the jurisdiction of the Iroquois
Confederacy. Tell them to stop the criminalization of Kanonhstaton
(Douglas Creek land) and all Onkwehonweh (original people) who defend
their rights and their land now.


# Ontario Provincial Police, Haldimand County
Inspector Brian Haggith
Phone: 905-772-3322
Fax: 905-772-5815

# Premier of Ontario Dalton McGuinty
Phone: 416-325-1941
Fax: 416-325-3745
Email: dalton.mcguinty at premier.gov.on.ca

# Attorney General of Ontario Michael Bryant
Phone: 416-326-2220 or 1-800-518-7901
Fax: 416-326-4007
Web comments: http://www.attorneygeneral.jus.gov.on.ca/english/comments.asp

# Federal Indian Affairs Minister
Ottawa Office: Phone 613-992-4275; Fax: 613-947-9475
Constituency Office: Phone 403-216-7777; Fax 403-230-4368
Email: prentice.j at parl.gc.ca

# Prime Minister Stephen Harper
Phone: 613-992-4211
Fax: 613-941-6900
Email: pm at pm.gc.ca

# Governor General Michaëlle Jean
Phone: 1-800-465-6890 or 613-993-8200
Fax: 613-998-1664
Email: info at gg.ca
Online petition to Michaëlle Jean:
http://www.thepetitionsite.com/takeaction/850267742



MORE INFORMATION ON SIX NATIONS LAND RECLAMATION

Reclamation Info: http://www.reclamationinfo.com/

Autonomy and Solidarity: http://auto_sol.tao.ca/node/view/2012

Background and News Archive on Six Nations on the Settlers in Support of
Indigenous Sovereignty Website: http://sisis.nativeweb.org/index.html

Rez Radio: CKRZ 100.3 "The Voice of the Grand" http://www.ckrz.com/

Local newspaper:  Turtle Island News: www.turtleislandnews.com