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INDIGENOUS ACTIVIST CHALLENGES CONSTITUTION IN ONTARIO COURT

Writer's picture: John HawkeJohn Hawke

Updated: Apr 30, 2022

FOR IMMEDIATE RELEASE Wednesday, August 21, 2019

INDIGENOUS ACTIVIST CHALLENGES CONSTITUTION IN ONTARIO COURT

(MIDLAND ON) An Indigenous Activist, John Hawke from Chimnissing Anishinabek Territory (Beausoleil First Nation) will bring forth a notice of a Constituional Question to an Ontario Provincial Court on Thursday August 22, 2019.


Hawke initiated a 5 week Blockade at the main entrance of Ontario’s Awenda Provincial Park on June 21, 2019 and was arrested on July 26 for allegedly uttering threats to the Park Warden. Hawke says he was only warning the Park Warden about issues surrounding the Ipperwash Inquiry where an unarmed Indigenous Activist was shot by Ontario Provincial Police and how Government Officials played a role in sending in force.


“ I was informing the Warden of the circumstances of how the Commanding Officer of the OPP at Ipperwash Incident and the officer who killed Dudley George coincindetaly died right before they were to testify at the Ipperwash Inquiry in which they would’ve pointed the finger at certain Government Officials. I was warning the Park Warden to be careful on orders he may be given by his superiors in regards to the blockade and our right to the land.” say Hawke


Hawke and 5 other Community members of Beausoleil First Nation in 2012 constructed a log cabin in the park next to a large granite rock known as Council Rock which has Clan Markings which is linked to the 1798 Penetanguishene Purchase Crown Treaty number 5. Hawke’s actions have been to oppose land claim settlements that extinguish Indigenous Title to his Clan’s Traditional Territory and to create awarneess of the outstanding issue involving the 1798 Penetanguishene Purchase where Chippewas of Lake Simcoe and Huron only surrendered lands in Penetang Harbor to the Crown. Awenda Provincial Park currently sits in the lands in question.


“In these Land Claim Settlement Agreements we are to purchase back stolen lands with our compensation in which there is much Crown lands that can be handed back over to us without purchasing which is our lands anyways.” Says Hawke

The position that Hawke is taking is one that has been very rarely used in the country. Other Indigneous Activists have used this argument and had their charges withdrawn due the position they have taken on unsurrendered Indian Lands. Hawke will not be addressing the charge but on Constitutional and International Law objects to the assumption of jurisdiction by the Ontario Provincial Court of Ontario, the Ontario Provincial Police and the Indian Act Beausoleil Band Council in usurpation of jurisdiction of the Chippewa Clans of the Amik Council Fire by bringing up a Constitutional Question.


Hawke relies on a number of evidence to support his objection such as Mohegan Indians v Connecticut 1704; Attorney General v Bear Island Foundation 1984, Canada a Country without a Constitution: A Factual examination of the Constitutional Problem Walter F Kuhl Member or Parliament Jasper-Edison 1935, and the 1798 Preconfederation Crown Treaty number 5.

For More Information Contact Johnny Hawke ojibwayrebel@gmail.com

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