Local Indigenous Activist lists Wasaga Beach issue in Legal Challenge

FOR IMMEDIATE RELEASE

GCHIMNISSING ANISHINABEK TERRITORY (Christian Island, ON) - A local Indigenous Rights Activist is filing a unique Constitutional Question challenging the newly passed Federal and Ontario's economic laws along with proposed changes to the Provincial Parks and Conservation Act claiming they violate his fundamental rights and freedoms to Indigenous Lands.

Johnny Hawke a member of Gchimnissing Anishinabek (Beausoleil First Nation) on Christian Island says the enactments allow the compromising of the environmental integrity to his Peoples Territories which violates his inherent Indigenous Rights.

"These enactments permit the ongoing environmental racism and ecocide to Indigenous Lands which is an abridgement of my right to life, liberty, security of the person and freedom of association in relation to my inherent rights to my Clan and Family Territories." says Hawke.

The newly passed laws are intended to fast-track infrastructure projects where Bill C-5 allows the federal cabinet to quickly approve big projects deemed to be in the national interest. They include mines, ports and pipelines. Ontario's bill allows its cabinet to suspend provincial and municipal laws in "special economic zones." In his challenge Hawke also includes Ontario's proposed amendments to the Provincial Parks and Conservation Reserves Act.

"The Province wants to sell 60% of Wasaga Beach Provincial Park to the Town of Wasaga Beach to develop. These lands are part of 1.6 Million Acres of the 1818 Lakes Simcoe-Notawasaga Treaty 18 between the Chippewa Tri Council and Britain where the land was improperly surrendered with no proper compensation. If the Province wants to start surrendering Provincial Parks it should first return it back to the lawful rights holders. Their actions might cost them more then want is intended." says Hawke.

Hawke has prepared what he calls a unique constitutional question that challenges not only the contentious economic enactments but the 1897 and 1982 Constitution Acts itself.

"The laws I am challenging were enacted under the UK's 1982 Canada Act which unlawfully amended the dead 1867 British North America Act. The UK legally could not enact or amend anything for Canadians where today these acts exist unlawfully under an illegitimate government and constitution act. Canada has an outstanding Constitutional matter to take care of first before exploiting any more of our lands" says Hawke

Although Hawke is challenging the very foundation of Canada and its laws he recognizes the complexity of his Constitutional Question he states he is using unique steps using the appropriate laws and jurisdiction to find a remedy in the matter he is presenting.

"Canada's Interpretation Act states Canada's legal tradition is both of Common Law and Civil Law. There are laws we must show the court to walk ourselves out of the designation of the legal person tied to civil jurisdiction and step into the common law jurisdiction where human being's fundamental rights and freedoms veto civil enactments." claims Hawke

"Only the self representing individual can use this pathway as using a lawyer or an attorney you give up your rights and become the legal person which has no Human Rights but only civil rights under civil jurisdiction." says Hawke.

Earlier this Summer in July, Nine First Nations filed a Constitutional Challenge over the same Bills seeking a court ordered injunction to prevent the federal and provincial governments to fast-track infrastructure projects.

The First Nations argue both pieces of legislation authorize "the Crown to unilaterally ram through projects without meaningful or any engagement with First Nations and "violate the constitutional obligation of the Crown to advance ... reconciliation."

In his document Hawke states that First Nation Elected Councils are enacted by Canada's Indian Act are not the legitimate representatives of Indigenous Nations, and suggests their legal challenge may be unsuccessful.

" Indian Act Band Councils are restricted to civil jurisdiction. The Indian Act states Indian Lands are of the legal title of the Crown. Indigenous Territories are not Reserves or Indian Lands and Indian Act elected councils have no legal right to negotiation, surrender or make any agreements regarding Indigenous Territories. Indian Act Elected Councils are only an extension of the Federal Government as Officers of the Indian Act" says Hawke.

Hawke intends to see his challenge make it to the Supreme Court of Canada.

" I am filing through the lower courts first and if unsuccessful will file for a leave to appeal and take the appropriate steps to the higher court. This is a very unique challenge and believe the arguments and case law in particular have never been used in Canada before. Canadians need to heed attention to this legal history lesson." says Hawke

Hawke self represented himself filing two constitutional challenges regarding charges laid on him for blockades he led in 2019 and 2022 over occupied Indigenous lands. The Crown wanted to pursue charges at the time where Hawke was on Probation but after filing his challenge the crown withdrew charges.

Below is his current constitutional challenge.

Constitutional Challenge 2025.pdf

Download PDF • 170KB

If you'd like to be an ally, support and work on this collective campaign contact communications@anishinaabek.net and or 705 247 2120