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How the Robinson Huron Treaty Annuities Settlement is an Extinguishment of Title, Rights and Land

Updated: 1 hour ago

By Kaikaikons, Atik Clan

Johnny Hawk


First Things First: Who Are You Dealing With?


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“His Majesty in Right of Canada”, “The Crown”, “The Federal Government of Canada” or what is called “Canada” is not a land mass, a confederation of provinces or a government.


There exists no constitution nor did the so called citizens of the provinces ever seat a lawful and legal dejure Federal government. Canada has no legal title to any lands. Canada is only a corporation and only has jurisdiction upon the waters. This is all legal fact by the following Statutes:  


British North America Act, 1867 

Enacting Clause: Section 2. "The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland."


This enacting clause was the monarchy and all heirs and successors and is what gave this Act life. 


The U.K’s 1893 Statute Law Revision Act:

“Whereas that certain enactments have ceased to be in force, namely, Section Two. Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty.” 


This Act removed the enacting clause of the 1867 BNA Act. When Queen Victoria died so did the 1867 BNA Act including all provisions in it including the Indian Act. This did not remove the monarchy or the succession of the Crown for the Dominion but only meant that the heirs and successors of the monarchy could not reenact or amend the BNA Act and Indian Act. 


The Indian Act:                                                                                                                    


Section 2 (1) Definitions; In this Act, band means; a body of Indians for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after September 4, 1951. 


The date September 4, 1951 was when amendments were made to the Indian Act. King George VI was still King before, on and after September 4 1951 and died on February 6, 1952. The Proclamation of Elizabeth II as Queen was on February 6, 1952 and the Coronation of Queen Elizabeth II was on June 2, 1953. 


The Queen they are referring to in this enacting clause of the Indian Act refers to Queen Victoria because the enacting clause can not be changed; Today it still says Her Majesty when there clearly is a King. This is a dead act and can not be reenacted or amended as per the 1893 Statute Revision Act. 


1931 Statute of Westminster:                                                                                                  Section 2 Removed Colonial Law from the Dominion of Canada, Section 7 is misleading; Subsection 7 (1) attempts to exclude the BNA Act from this statute however, the BNA Act was only a guide to aid the Governor General. It could only be effective if there is a duly appointed Governor General. (See Section 12 of the BNA Act 1867) Since the Crown in Chancery who appoints the Governor General gave up allodial title to the lands thanks to

Section 11, there can be no more Governor General, Result this subsection is redundant. 


Left to Right: Prime Minister of Canada, Justin Trudeau, Pope Francis, First Indigenous Person to sit as a Governor General, Mary Simon. 2022. The 1947 Letters Patent for Office of Governor General was a forgery by PM William Lyon McKenzie as Canada was free of the UK and no longer needs a GG. Mary Simon is committing fraud.
Left to Right: Prime Minister of Canada, Justin Trudeau, Pope Francis, First Indigenous Person to sit as a Governor General, Mary Simon. 2022. The 1947 Letters Patent for Office of Governor General was a forgery by PM William Lyon McKenzie as Canada was free of the UK and no longer needs a GG. Mary Simon is committing fraud.

Section 11 severed the connection between the Dominion and Great Britain. The Provinces were not joined as one colony of Great Britain any longer. 


All lands obtained by the Crown in Chancery in Treaties with the Indigenous Nations reverted back to the allodial title to the Indigenous Nations. The Indigenous Nations have no Treaties with the Provinces and Canada nor consented for them to be successors in Treaties. No Province has ever held a constitutional convention. No Province has seated a dejure lawful government.


The Statute ended all Treaties where all lands obtained and held by the Crown in Chancery reverted back to the original title holders, The Indigenous Nations. NOT Indian Act Bands nor Band Councils or “Indians.”


The UK’s Canada Act, 1982:       

The Royal Proclamation, 1982: ”provides that the Constitution Act, 1982, shall, subject to section 59 thereof, come into force on a date to be fixed by proclamation.”  


This “subject to section 59” means two proclamations must be made before the final proclamation to pass the act could be made (section 58) This was only the Queen stating that there will be a proclamation in the future. Nothing was passed. Nothing was enacted.   

 

The signing of the Royal Proclamation, 1982, on April 17, 1982. The Grand Illusion.
The signing of the Royal Proclamation, 1982, on April 17, 1982. The Grand Illusion.

                                                                         

All Provinces needed to sign Schedule B of the Act. Quebec needed to authorize a Proclamation to enact Section 23, (1) (a) of the Act. Section 23, (1a) would be enacted through a proclamation. Section 59 (3) would be enacted by a proclamation to repeal Section 59 and renumbered the Act. Section 58 would be enacted through a proclamation to pass the Act. 


A total of 3 Proclamations were needed to pass the Act. None of this happened. The Constitution Act, 1982 is only an incorporation document for a corporation. Canada is only a Corporation no different then Walmart or McDonalds. 


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Canada's Interpretation Act 1985 General definitions 35 (1):                                                    “In every enactment, Canada, for greater certainty, includes the internal waters of Canada and the territorial sea of Canada; Canadian waters includes the territorial sea of Canada and the internal waters of Canada” 


The legal rule for the word “includes” is defined in Blacks Law Dictionary Sixth Edition under “Expressio unius set exclusion alteriuis” which says, “where a statute, contract or other legal document includes a list of items falling into a category, the inclusion of certain items on that list should be presumed to mean that any excluded items are intentionally outside the definition.”


WHAT IS CANADA?


Canada is not a landmass or a federal government. Canada is only the "law of water” known as maritime law, which is the body of law that governs activities on the sea and other navigable waters such as shipping and trade. Canada is only a  Shipping and Trading Corporation, stealing our natural resources and creating debt slaves upon its ship.


All those who operate life through the Birth Certificate and SIN CARD and Indian Status as citizens of Canada are employers and officers of this ship called Canada. 


Centre: Canada's Attorney General/Minsiter of Justice, Judy Wilson-Raybould and PM Justin Trudeau 2015. Raybould was the first Indigenous Person to hold these position. Despite her role as top Lawyer in Canada, Indigenous Nations "Charter protected Rights" were violated in decisions in the Supreme Court.
Centre: Canada's Attorney General/Minsiter of Justice, Judy Wilson-Raybould and PM Justin Trudeau 2015. Raybould was the first Indigenous Person to hold these position. Despite her role as top Lawyer in Canada, Indigenous Nations "Charter protected Rights" were violated in decisions in the Supreme Court.

WHAT IS A CHARTER?


Charter; reservation of a ship; or written grant, by which a corporation is founded and its rights privileges are defined. A ship needs to be chartered to land.


The legal definition of a Person; an artificial person, a corporation. 


Through the “person” = ALL CAPS name on all forms, ID’s, licenses, Indian Status registration card, passports, birth certificates, etc you have submitted yourself to operate within maritime law. You have only privileges that the corporation grants to you. Those do not include unalienable rights, inherent fundamental rights and freedoms.  


INDIGENOUS RIGHTS UNDER UNDRIP AND CANADA’S CHARTER


“Indigenous Rights” under the United Nations Declaration of Indigenous Peoples and Canada’s Charter of Rights Section 35 is under International law which takes the Indigenous National out of the jurisdiction of our “law of land” to be ruled over by those whose law this is that operates the world under "the law of water". 

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BOOKOF REVELATIONS 17:1

"One of the seven angels who had the seven bowls came and said to me, “Come, I will show you the punishment of the great prostitute, who sits by many waters."


PRECEDENT CASE LAW

Canadian Indigenous law is primarily shaped by section 35 of the Constitution Act, 1982, which recognizes and affirms existing Aboriginal and Treaty rights.


St. Catharines Milling and Lumber Co. v. R, (1887)

This Case introduced the Doctrine of Discovery into Canadian Law. The ruling held that Indigenous peoples held only a “personal and usufructuary right” to their lands—meaning a limited right of occupation—while the underlying title belonged to the Crown by virtue of 

“discovery.”


Section 35 Rights:

Despite charter protected rights in Section 35 for Indians, Canada can do as it pleases and ignore, infringe upon Sec 35 in regards to land as Canada has the underlying title as per St. Catharines Milling and Lumber Co. v. R.


Section 35 turned the term "Indian" into the legal person, a corporation. An entity under Civil law and or Maritime Law.


WHAT IS A LAWYER? 


All Courts are administering the Roman Catholic Church’s Sacrament of Penance aka Confession. Another deep history I've shared in another publication. The Private Bar Guilds have monetized Indulgences and created a monopoly off of Sin.


The latin term “pro se” means “for oneself” and “cutis” means “true skin” which is in reference to “representing one’s own flesh.” A person who is claiming to be you in making the “self accusation” is the Prosecutor.


The Courts are conducting commerce just as a Bank. Law dictionaries define a Bank also as; A bench or seat; the bench or tribunal occupied by the judges; the seat of judgment; a court.


Left: David Nahwegabow, the Founding Partner of the Law Firm, Nahwegabow-Corbiere. Right: Dianne Corbiere is the Managing Partner of the Firm. The Firm represented the 21 Indian Act Bands in the Robinson Huron Treaty annuities case, which resulted in a $10 billion settlement.  The legal team from Nahwegahbow Corbiere claimed $510 million in fees under a partial contingency agreement. Under their agreement, they billed at 50% of normal hourly rates, plus a contingent success fee (15% on first $100 M, 5% above) with no cap. At least two Bands filed court applications asking the court to review and reduce the $510 M fee. Ontario Superior Court Justice Fred Myers ruled that the $510 M was unreasonable. The judge ordered Nahwegahbow Corbiere to refund $232 million of what they’d been paid to the Robinson‑Huron Treaty Litigation Fund. He awarded a revised total of about $40 million to the legal team.  On behalf of their clients, Nahwegahbow Corbiere, Brian Gover of Stockwoods Barristers said an appeal was being contemplated, calling the judges decision ‘offensive’ and ‘paternalistic’
Left: David Nahwegabow, the Founding Partner of the Law Firm, Nahwegabow-Corbiere. Right: Dianne Corbiere is the Managing Partner of the Firm. The Firm represented the 21 Indian Act Bands in the Robinson Huron Treaty annuities case, which resulted in a $10 billion settlement. The legal team from Nahwegahbow Corbiere claimed $510 million in fees under a partial contingency agreement. Under their agreement, they billed at 50% of normal hourly rates, plus a contingent success fee (15% on first $100 M, 5% above) with no cap. At least two Bands filed court applications asking the court to review and reduce the $510 M fee. Ontario Superior Court Justice Fred Myers ruled that the $510 M was unreasonable. The judge ordered Nahwegahbow Corbiere to refund $232 million of what they’d been paid to the Robinson‑Huron Treaty Litigation Fund. He awarded a revised total of about $40 million to the legal team. On behalf of their clients, Nahwegahbow Corbiere, Brian Gover of Stockwoods Barristers said an appeal was being contemplated, calling the judges decision ‘offensive’ and ‘paternalistic’

Lawyer: The word lawyer is from the late 16th Century combining the latin words “lar/ lares” which means “customary law” and “iuro/iurare” which means to “take an oath” or “to conspire”meaning “one who has sworn an oath to customary law.”


The Private BAR Guilds since the middle ages have been using merchant principles to commercialize the law and personally profit from crime; This means that the current justice system is innately compromised as everything is in favour to benefit these Private BAR Guilds; Therefore no lawyer can’t be counsel without deliberately injuring the law and perverting the course of Justice


WHAT IS MONEY?


This is a topic of its own and is included in a zine in relation to our rights in a publication that can be found at https://www.anishinaabek.com/_files/ugd/9156a9_1b3fe356ebbe4976ab3b975a5e34430e.pdf but here is a summery.  


Almost every government around the World is made to be dependent on the International Banking Scheme of debt based, fiat money system and fractional reserve banking system. Governments give up their constitutional obligation of creating money themselves and hand it over their Central Banks to the International Private Banking Syndicate. 


These International Private Banks lend their debt based “chequebook” money (counterfeit) created by entering digits on a computer and transferring it to a Government with outrageous compound interest attached which realistically can never be paid back. In this Fiat Money System this form of “money” is not backed by a commodity like gold or sliver. This “Money” only discharges debt, it is authorized by a Government that can be spent all over the Nation, it is declared legal tender for all debts private and public and the limited liability is that you cannot be sued for not paying your debts (bills and purchases, loans etc). We “discharge” the “charge” using this colourable money (counterfeit).  We are only passing around debt. At any moment they can crash this system and the money in the banks wouldn’t be worth anything and whereas it is backed by nothing.


The Fraser Institute, an independent, non-partisan Canadian public policy think-tank in a 2016 study called, The Cost of Government Debt in Canada, found that Canadian governments (federal, provincial and local) spent ($160 Million Daily) or $60 Billion Annually towards this debt. 


According to Natural Resources Canada, governments (federal + provincial) derived about CA$ 14.8 billion per year on average from 2016–2020 from the natural resource sector.


This means the “money” being used to compensate “Indians” in these Settlements and Agreements is debt and interest and "Indian" consent for Canada to exploit resources and labour where the wealth is funnelled to these International Private Banks.


The Indian Land Management Fund (Indian Trust Fund) came into existence on April 1, 1858. It is an account to hold all “monies” collected, received, or held by the Crown for the “use and benefit” of its Indigenous Allies. These monies come from the sale or lease of lands and from royalties and revenues from natural resources. This Trust became aggressively mismanaged and eventually expropriated where it now exists today within the Consolidated Revenue Fund of Canada — the general account where all public moneys are deposited. 


Money and Wealth are two different things. The wealth that exists in the Consolidated Revenue Fund belongs to Indigenous Nationals. This wealth is also not to be confused with this counterfeit money that is being distributed in Settlements and funding for Indian Reserves. All that is transferred to Indians and Indian Reserves is debt and interest on this debt in the form of this colorable money “debt notes.” 


And now Indians are fighting over it with the Band Councils and lawyers. The "Whiteman" must be laughing hard.


OVERLAPPING TREATIES


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An estimated 1/3 of The Robinson Huron Treaty surrendered lands of other Anishinabek. In 1850 Clan Chiefs of the Chippewa Tri Council of Lakes Huron and Simcoe, Chiefs Aisance, Snake and Yellowhead, two weeks after the signing of the Robinson Huron Treaty met with Government Officials to raise concerns of this. The Government Official promised to deal with the matter but did not.


Throughout the 1800's many settlers began taking up these lands and In 1931 the Crown made the 1931 Williams Treaties with 7 Bands; Scugog, Hiawatha, Alderville, Curve Lake, Rama, Georgina Island and Beausoleil. The Treaty included payment of $2 to each Indian. The Crown also fraudulently extinguished Hunting/Fishing/Harvesting Rights of these Indian Bands on this vast Territory.


In the 2018 Williams Treaties the 7 Bands were given $1.2 Billion for this historic injustice of being underpaid and having rights fraudulently extinguished where they were criminalized for Hunting and harvesting for over 100 years. This Settlement DID not include any mention of Annuities that were to be part of every treaty via the 1764 Niagara Covenant Chain Belt. No Band Council or Lawyer of either Treaty raise the issue to their People of how Robinson Huron "Indians" have been accepting and awarded retropayment for in annuities for Williams Treaties lands.


Treaties have divided our Peoples. Even though Treaties have been extinguished in 1931 and it is all our lands, Canada is using Treaties to keep us under the illusion of Treaty Relationship to legitimize its existence.


SETTLEMENTS ARE SURRENDERS


“Band Councils” and “Indians” accepting Settlement Agreements are giving legitimacy to Canada and the Provinces which are not legal and lawful governments.


Accepting these Agreements under Sec 35 is accepting the Doctrine of Discovery.


Accepting monies for compensation in these Settlement and Agreements is accepting  counterfeit money (debt notes) from the International Banks where the compound interest owed by the Corporation of Canada allows for the never ending pillaging of our territories for resource wealth that leave our lands decimated and people poisoned and impoverished and the so called Canadian tax payer an economic debt slave.


Accepting these Agreement Settlements is a death sentence to future generations and the land because of this monstrosity of debt we are being fooled into accepting as compensation where people see it as “money” and while lawyers of Band Councils become millionaires and sworn to their Oaths of the Private guilds of the BAR they belong to.


These Settlements are Extinguishment Agreements.  


THERE IS STILL AN OPTION OF RESISTANCE


Canada can only operate in maritime law, international law and this is why they had to include Sec 35 in the Charter, to take the Indigenous National out of their Law of the Land (Tribal Custom Law) and become the legal person so they can deal in commerce, trade and have jurisdiction over Indians.


Above: 21 (Band Chiefs) Officers of the Indian Act, Canada Incorporated, committing fraud and treason to their Ancestors and Future Generation over debt notes, counterfeit money. Extinguishing Title and Rights acknowledging Canada has rule over them and all lands.
Above: 21 (Band Chiefs) Officers of the Indian Act, Canada Incorporated, committing fraud and treason to their Ancestors and Future Generation over debt notes, counterfeit money. Extinguishing Title and Rights acknowledging Canada has rule over them and all lands.

An Indian Act Band Council is designated as a “federal boards” via the Federal Courts Act, Section 2 (1) as Band Councils are created by and derive their authority exclusively from the federal Indian Act. 


In Willson v. British Columbia Hydro and Power Authority the court held that an Indian Act Band is a juridical person, meaning; a corporation. 


An “Indian” under the Indian Act is defined as the legal person; a statutory creature, a corporation. “Indians”, “Indian Bands”, “Band Councils” are statutory creations and do not have inherent rights and freedoms and are not the legal and lawful Rights holders of Anishinabek lands nor have title to any lands. 


Canada only dealing with Indian Act Band Councils by doing so is only dealing with itself. All matters between Canada and Indian Act “Band Councils” regarding rights and lands of Anishinabek Peoples is illegal. The Indian Act was repealed in 1901 and is void including Band Councils.


It is up to the individual to get of the ship and out of the waters and come back to land to as a Sovereign Anishinabek. This means resisting living life through the birth certificate, SIN Card, and as an INDIAN, a legal person with drivers licences and all other permits and ID’s in civil jurisdiction.  


These Settlements are null and void and can be challenge if you stand under the proper law. 

We must remove ourselves from the position as an Indian and Indian Bands, and Band Councils that are only legitimate on a ship on water and have no title to our Lands nor does Canada. 


Check out ACTION - Anishinaabek Clans to Invoke our Nation www.anishinaabek.com where we are organizing as such.  It is time to rekindle our Clan Council Fires and can only be done outside of being the legal person and status Indian.




 
 
 
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