Land Acknowledgement's fail to address Provinces illegal occupation of Indigenous Lands
By Johnny Hawke
The Truth and Reconciliation Commission as part of the 2005 Indian Residential School Settlement Agreement was implemented to rectify the relationship between Canada and First Nations however any meaningful attempt cannot happen without Canadians first addressing their own ongoing colonialism where a foreign monarch sits as Head of State.
In June 2015, the TRC released an executive summary of its findings along with 94 "calls to action" regarding reconciliation between Canadians and Indigenous Peoples. The TRC emphasizes that it has a priority of displaying the impacts of the residential schools to the Canadians who have been kept in the dark from these matters.
The legacy of Canada’s Residential Schools is not the only history where citizens have been kept in the dark by Canada. The political legal status of Canada is an oxymoron expressed as a Constitutional Monarchy and is a major issue requiring immediate education to the Canadian population if the Rule of Law is valued in a free and self determined Nation.
An article titled Royal backlash and a colonial reckoning colour the Queen's Platinum Jubilee published in The Conversation on April 19, 2022 exemplifies that even Academics need to reexamine what they fail to talk about in academia.
The Conversation is an international academic journal where the said article was written by Dr. Catherine Ellis; As an Associate Professor in the Department of History at Toronton Metropolitan University formerly Ryerson University. Ellis also holds a DPhil in modern British history from Oxford University and states in the publication;
“Commonwealth countries, such as Canada, have replaced large-scale jubilee celebrations with DIY resources and grassroots events, while the Jamaican government has refused to celebrate, citing the jubilee as a symbol of colonialism and oppression.”
While the article addresses crown colonialism where the Jamaican government refuses to celebrate the Queens Platinum Jubilee, Dr. Ellis fails to include how the Monarchy was removed as Head of State of its former commonwealth dominions by various enactments.
A Special Committee on the British North America Act 1935 and a report titled Constitutional Problems in Canada by Walter Kuhl, an MP for Jasper-Edison delivered in the House of Commons on Nov 9, 1945 both share evidence on the matter.
The special committee and Kuhl’s report cited the 1867 British North America Act and the U.K’s 1931 Statute of Westminster and included testaments of constitutional authorities, law professors from the University of Toronto and Queens University.
These reports concluded that Canada did not become a Federal Union under the BNA Act but only a United Colony. The parliament of Canada did not become the government of Canada much less a federal government. It became merely the central legislature of a united colony to aid the Governor General.
The U.K’s 1931 Statute of Westminster removed the monarchy as head of state of their now former colonies allowing these former dominions to become free independent states. In doing so this Statute also gave up all Lands obtained by Treaties between the U.K Monarchy and the Indigenous which reverted all Crown lands to its original underlying status and title as Indigenous Territories.
Today Canada’s Provinces are unlawfully occupying Indigenous Territories where the Provinces have never made Treaties with the Indigenous Nations. Land Acknowledgements which have come to signify a token gesture of Truth and Reconciliation fail to mention how Canada and it's Provinces have no legitimacy to occupy and benefit from Indigenous Territories. The Canadian Public however are quick to be critical on Russia for the same issues they currently are engaging in.
Other key Enactments that Canadians need education on is the 1893 Statute Law Revision Act; the creation of the Office of the Governor General of Canada, The U.N’s Declaration on Granting of Independence to Colonial Countries and Peoples and how the 1982 Constitution Act was unlawfully amended.
The 1893 Statute Law Revision Act repealed section 2 of the BNA Act which states: 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.
After the death of Queen Victoria any heir and successor of the Monarchy no longer could be the Executive Power over Canada in relation to the provisions of the BNA Act.
Published in the Canada Gazette on Oct 1947, William Lyon Mackenzie King proclaimed his Letters Patent 1947 that reconstituted the office of the Governor General of Canada. This document was a forgery to make it appear that Canada was still attached to the U.K. No Monarch nor Mackenzie had the legal authority to do this.
The U.N’s Declaration on Granting of Independence to Colonial Countries and Peoples 1960, foreign rule as a violation of human rights, affirmed the right to self-determination, and called for an end to colonial rule. The International Covenant on Civil and Political Rights declared that no one shall be held in servitude. Canada is a signatory to this covenant and is entrenched in the Charter of Rights referred as Section 2 (D) Freedom of Association. With Her Majesty unlawfully Head of State of Canada we are being held in servitude.
In 1982 Her Majesty amended the BNA Act which was renamed the 1982 Constitution Act in which this foreign entity of the Crown had no legal and lawful authority to do so.
Any Academic, Educator, Lawyer Indigenous or Non-Indigenous that fails to educate the population on this issue is either complicit to this major international conspiracy or need’s to ask for a refund on their education.