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Writer's pictureJohn Hawke

CONSTITUTIONAL DISTRESS: Reflections on Convoys to Ottawa

By: Johnny Hawke

This year marks the 40th year since Pierre Trudeau through legislative chicanery hijacked an  opportunity to create a lawful Constitution for the so called Canadian but only visually emancipated the BNA Act from Her Majesty where the Corporation called Canada remains in the hands of a racist ‘small fringe minority.’ It is on this anniversary where the result of the Constitutional Express; a Grassroots Indigenous Collective headed to Ottawa protected inherent rights during the “Patriation of the BNA Act” where such a convoy is needed again today to finally settle this outstanding Constitutional Crisis. 

Above: The Constitutional Express; Grassroots Indigneous Organizers chartered two trains to travel to Ottawa to fight for the protection of their Treaty and Inherent Rights during the BNA Act Amendment, 1980

I am writing to reflect on the Trucker’s ‘Convoy for Freedom; in which I am neither for or against but share my observations on how this can be an opportunity for a necessary Revolution yet has created more division in our Indigneous Community in our collective struggle to liberate ourselves and combat racism. I write this as an individual who is no authority in Indigneous Academia, Leadership or Resistance Circles which has become more of a Social Media Popularity Club for Lateral Violence these days. I write this to share what I see from my corner in my Anishinabe Clan Territory, where I’ve been putting into action the lessons of liberation where I’ve been active by mostly standing alone in my Territory in acts of Sovereignty, being arrested and successfully defending myself in court to protect inherent rights.

CANADA’S LEGAL STANDING

First I want to briefly summarize the legal foundation of Canada’s current legal standing that many are unaware of and what is not being taught in the schools.

The 1867 British North America Act was never ratified for and by the People. In 1893 the Statute Law Revision Act took out section 2 of the BNA Act which stated any future heirs to the U.K Monarchy has no authority over the Dominions; After Queen Victoria died so did the the Crown’s authority over Canada. Legally all Lands ceeded through Treaties for the Crown’s use for its subjects reverted to its underlying status as Indigenous Territory.

The 1931 Statue of Westminister again was U.K Constitutional Law that declared all former dominions were free to become Independent States. No Constitution at this time was created only a fraudulent document by William Lyon Mckenzie King that created the Office of the Governor General to make it appear Canada was still attached to the U.K.

In 1982 all that was done was by enactment the 1867 BNA Act was renamed the 1982 Constitution Act and included the Charter of Rights and Freedoms. The 1982 Constitution Act is not a Constitution but only an enactment by a Foreign Monarch who had no legal authority to do so. A Constitution is only created by and for a Free People. The Government of Canada is only a Corporation and the Charter of Rights and Freedoms were included because the Corporation signed the International Covenant on Civil and Political Rights which declares signatories to make in their governing document the protections of Human Rights and Freedoms. 

THE BEST NATION IS A VACCINATION

Small Pox one of the deadliest viruses in Human history showed us how many lives can be taken out in large a masses. The current knowledge of smallpox’s origins is found in Mummified Pharaohs in Egypt; a place of Empire which exploited not only people as slaves but the land to grow this empire. It may be fair to say disease originates as a result of an unbalanced way of living with the Earth and each other and although Vaccines do help they are only a band aid solution to the real problem.

In Anishinaabe Teachings we know the Earth and all living beings have cycles and a natural system to cleanse itself. One of our stories we’re told tells of a time when Anishinaabe were living out of balance with Creation and as a result a Great Flood came to cleanse the Earth. In other stories we are told we again became unbalanced and great sickness as a result came and this is how some of our Ceremonies and Dances emerged; Peoples sought vision and as a gift by Spirit gifted such things so we may find balance again.

We are taught by our Elders in order to know where we are going we have to know where we’ve been. It is no conspiracy theory that our current globalized society centres itself on the exploitation of others and those who do so whether they are on top or bottom of the pyramid are not too concerned with the wellbeing of others. So as unmarked graves are currently being uncovered at former Residential Schools this reminds us that Government, Church, Schools, Courts, Police enforced mandated acts of genocide where our People were told was for our own well being.

Above: Union of B.C Indian Chiefs, President, George Manuel makes speech during gathering of Indigneous Peoples during the Constitutional Express 1980

The effects of this intergenerational trauma is very real where our people should NOT be belittled as a “conspiracy theorist” for being overly cautious of Government and Big Pharma. There was a a time when Small Pox and enforced Sterilization on Indigneous Women was weaponized on our Peoples. I am not going to suggest anything here that may designate me as a conspiracy theorist but only apply Indigneous Knowledge systems of presenting information and leaving it up to the audience’s free will to engage in critical thinking to shape their own opinion but it is also my responsibility to also encourage you to do your own research from the many reports from the “authorities” that are available.

CONVOY FREEDUMB

Again I’m not for or against “Mandate Freedom” although I am against Authoritarian Enforced Injections and the Violation of Human Rights I feel this organization only limits itself to the revolutionary freedom that is necessary to fight for “Everyone’s” inherent rights which includes us an Indigneous Peoples who are the underlying Supreme Law of the Land whereas many Canadian are not at that level to accept.

I’m aware many folks have given warnings of this movements links to racist’s however any collective from a book club to a knitting circle that benefits from the stolen lands, genocidal policies enforced on a race of people and fail to put those people at the forefront of their organization to make necessary change is a racist organization.

There are Indigneous Peoples who have aligned themselves with this Movement whose values are in question by their own People in opposition however If we are going to start question each other’s participation in decolonization and what we connect ourselves with let’s start with what we perpetuate in our own communities.

When those of us who have Indian “status” renew our Indian Act Status Card or those that elect an Indian Act Band Council and are employed to administer programs under assimilative policies of Canada you are engaging with internalized racism which is more detrimental to us than this convoy of Trucks sitting on their ass beeping horns waving their racist Canadian flags.

“Call-Out, Cancel Culture” has made it aware that this convoy and its organizers are White Supremacists and although Cancel Culture is very effective in pressuring society when it’s see’s anything it disagrees with it is only limited to whining over social media.

When anyone see’s an injustice and decides to call it out they then put themselves in a position and have a moral responsibility and social obligation to engage themselves to organize, organize, organize and get some action done.

To the majority who called out and oppose this movement; do we just sit idle and argue with each other on social media? As you warn us of White Supremacist’s that are clearly organizing and have raised millions of dollars where this should be one hell of a red flag that we need to immediately organize and combat. Has the message that was behind Idle No More become Idle?

Unfortunately Canadians and Indigneous Leaders within the current Canadian Political Institutions to this new generation of Resistance Movements keep doing the same things over and over without meaningful results and are not learning from our past and although I am not an academic, Einstein called this process “Insane.”

I am neither for or against this movement but I see an opportunity in the current socio political climate where brother El-Hajj Malik el-Shabazz would describe as “Chickens coming home to roost never did make me sad they always made me glad.”

HIJACKED MOVEMENTS

Our Movements have been compromised and hijacked for a while where nowadays our people serve as its own COINTELPRO where every move we make is posted on social media where devices and data can be monitored and collected by Police Agencies more efficiently.

Any organizer and their cause that gets supported by an NGO is given the privilege of a platform and large audience over the rest of us in the collective struggle. The use of Social Media has created an environment of Ego and where Celebrity Culture has encapsulated our Movements and made it easier for our Resistance to be co-opted, manipulated and divided.

Recently a “Pretendian” named Corrine Grey Cloud has admitted to having no ancestry to our Nations of Turtle Island as a result from concerned Women in our Communities who pushed to hold her accountable. Grey Cloud as it is reported comes from a Law Enforcement Family managed to fool “Indian Country” for 8 years. She benefited financially from her fabricated persona where she is a social media influencer recognized by Forbes magazine that allowed her to establish a huge Indigneous Following. When our own Women attempted to hold her accountable they were accused of being toxic which has caused division in our community.

Even our individual diverse Nation’s Cultural Identity has been hijacked by Pan-Indian Traditionalism which is seen in the form of Powwow Culture and leaves doors open for anyone to walk in and whereas we welcome our oppressors. At Grand Entry our People stand, honour, sing and dance for colonial racist flags, armed forces, police agencies and even politicians.

There is also our own People who are Self Proclaimed Clan Mother’s, Herditary Chiefs claiming these titles without being raised up by a Family/Clan Territory by their community. Some of these People are confusing others with their Pseudo Sovereignty-Signatory Indian Rhetoric.

It is evident our doors to our Movements are wide open and where we allow ourselves to become divided. Since this Convoy I’ve seen our own People become even more divided who were once friends and throwing tantrums and unfriending each other.

Even I’ve experienced some tension with some of People I have come to respect; A well known anti-authoritarian anarchist voice in Indigneous Resistance corrected me in my online space defending these government mandatory injections and provided me with stats from our good friends in the mainstream corporate news and even was apologetic for a global capitalist in one of my post’s. The Pandemic has absolutely put us in very bizarre times and dividing us more and we’re allowing it. For Resistance Types I thought we were better then that where it seems we can not even share critical thinking which is integral if we are to be Free Thinkers. 

GUERRILLA WARFARE TACTICS

For those claiming to be revolutionaries dedicated to our resistance movement upholding our Nation’s Warrior Traditions then let’s explore a fundemental teaching from our type of warfare we mostly engaged in; Guerrilla Warfare. In my Okijida Warrior Society Teachings we are reminded that; if what we face is stronger than us we must exploit its strength and use it against itself to defeat it. This understanding is also reflected in Sun Tzu’s Art of War.

How I’ve been looking at this Mandate Freedom Convoy is we must take every opportunity and find a vantage point to exploit and benefit our position against our opponent but this doesn’t mean aligning ourselves where our weakness then is used against us and our tactic becomes compromised.

Many of our People have chosen to “make change on the inside” but the inside ends up changing them yet there is still a purpose if we stay focussed and organize and infiltrate such spaces only to disrupt and use our adversaries strengths as a weakness.

The majority of our People I’ve seen participating with Mandate Freedom Convoy are doing so as allies standing beside mostly White Canadians in the common message of opposing Authoritarian Forced Mandates and Violations of Human Rights.

Some of these Relatives are not radical thinkers to engage themselves to hijack this movement where if we as Indigneous participate need to demand to be at the forefront in order to co-op this movement and educate how Canada has no lawful Constitution which would only set the stage for a justified revolution; as all members of government are committing unfathomable acts of Fraud and Theft in this outstanding Constitutional Crisis.

SOLUTION

So what is the issue and some Solutions? This Issue is a Pandemic and Enforced Government Injections and Mandates that restrict Rights and Freedoms.

Here are some solutions. The bigger issue is sickness comes from being unbalanced so we need to change our Way of Life thats living in balance with each other and the Earth where we have the tools and knowledge how to do this which is returning to who we really are. Organizing within our communities to remerge our Clan Council Fires. If we are Human Beings then we need to stop living as the Legal Person. How many are ready to do that?

As our people combat Colonial Laws, Acts, Courts and Forces by engaging in their Political Structures, Courts, Chiefs Organizations or mobilizing as Idle No More to direct Actions led by Warriors and Herditary Leaderships on the Frontlines to Protect Territory we fail to use their own laws to expose how they have no legitimacy and as a way to protect our lands and inherent rights. Many of our People only want to reform laws to respect ours however the legal foundation of Canada is non-existent.

This outstanding Constitutional Crisis and where all lands are lawfully of Indigneous Allodial Title is a reality that most so called Canadians need to accept and put us in the forefront of their organizations as we are the Supreme Law of the Land. Both of our Peoples the Indigenous and Settler Society live a way of life that is dependent on over consumption and exploitation of the Earth’s Resources. Are all of our Peoples ready to make the necessary change of a Way of Life where a Revolutionary Movement of Change is immediately needed?

If it’s only Band Aid Solutions that you want in order to keep going down the Path we are warned about in Prophecies here is your Band Aid.

Serve the following Declaration to Attorney Generals of Canada and the Province occupying Indigneous Territory and to your local Police Agency, local MMP, MP, Chief and Council, Mayor and Employer or School. Get it notarized when you send it. This is just a notice that you are exercising your inherent rights.

This needs to be sent before you engage in any Direct Action to Protect Inherent Rights and our Territories or Refusal of Vaccines and Asserting your Rights over Restrictions of Rights.

I (name), the Live Being as stated in my Statement of Live Birth Record am exercising my Fundemental Human Rights and Freedoms and Inherent Indigneous Rights protected by the International Covenant on Civil and Political Rights in which the Corporation Canada is a signatory to and implemented in its Charter of Rights.

I am putting you on notice that I am exercising my Human and Inherent Indigenous Rights to occupy and protect the Lands/Waters of my Nation’s Territory which are not surrendered by Treaty.

Or

I am putting you on notice that I am exercising my Human and Inherent Indigneous Rights to refuse a vaccination.

The International Covenant on Civil and Political Rights, Article 4 says in a time of Public Emergency the Rights of Life, Liberty and Security of the Person, The Right not to be Held in Servitude and the Right to Refuse Medical Experimentation shall not be violated.

Canada’s Charter of RIghts and Freedoms further protects these Rights in section 2 and 7 and the Indigneous Rights in 25 and 26.

Any Violations of these Rights by the State, Military, Police Agencies, Crown Attorney, Employer, Chief and Council such individuals can and will be held accountable personally under the inherent jurisdiction of a Superior Court or the International Criminal Court.

If Violated and Arrested I will engage the Charter Right Section 24 (2) Where, in proceedings under section (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute

Notice of a Constitutional Question will follow and steps to bring this to International Criminal Court with the support of the 5 Permanent States on the U.N Security Council.

There you Go! I’ve used these steps and have charges withdrawn for LandBack Initiatives however I am not well known as other name Brand land defenders. If I can figure this out then our Academics and Lawyers are either complicit or need to go back to school.

I challenge those who oppose the Trucker Convoy, let’s organize in honour of the 1980 Constitutional Express to engage in some organizing in a new collective that addresses the outstanding Constitutional Crisis.

Miigwetch

Above: Many Nations and Peoples gathering and Parliament to fight for their Inherent Rights with the constitutional express, 1980

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