By Johnny Hawk
Prime Minister Justin Trudeau announced a proposed “Framework for Indigenous People” as the family of Colten Boushie wraps up their visit to Parliament Hill, where reports claim the announcement is unrelated to the timing of the acquittal of the man charged in Boushie’s death which has raised a national outcry from Indigenous Peoples and their experiences within the legal system.
Justice Minister Judy Wilson Raybould and PM Justin Trudeau after announcing new framework to recognize Indigenous Rights. Pic featured in national media after the recent outcries from Indigenous People regarding their treatment within the Canadian Justice System
Trudeau explained the framework intends to create mechanisms to fully implement Indigenous rights where Indigenous people are continuously having to turn to the courts to have their rights honoured. The framework intends to complete the unfinished business from failed talks following the repatriation of the Constitution in 1982 that left Indigenous rights undefined. Trudeau also stated that Canada will however will not be reopening the Constitution, where Section 35 already recognizes these rights.
CROWN LAW REGARDING INDIGENOUS NATIONS IN SETTLER COURTS
The Holy See or Roman Catholic Church set up the legal system founded on Canon Law. The Crown is not the British Monarchy but has always been the Holy See or Roman Empire. The origin of the word catholic means “universal” and definition of church is the political force of an institutionalized religion, where the word religion means “to bind.” The Holy See is the Universal Roman Empire.
Canon Law is also known as the Law of Water or Admiralty Law and Merchant Law in which sea going vessels needed a law on how to conduct business which today is referred to as commercial law or corporate law. This law governs so called countries and their courts which are just corporations of the Holy See.
The Papal Bulls are Charters that granted authority and rights issued by the Holy See. In 1095 the Papal Bull Terra Nullius gave the kings of Europe the right to “discover” or claim land in non-Christian areas. In 1537 a papal bull entitled Sublimus Deus repealed Inter Cetera the Inter Cetera was the Papal Bull where Spain claimed any lands discovered that did not belong to a Christian. It is here where natural law and international law came to recognize and affirm that aboriginal people are human with souls, jurisdiction and property, which must be respected as a matter of law. Sublimus Deus concluded any laws in breach of this shall be null and void.
In 1704 Queen Anne’s Order in Council was in regards to Mohegan Tribe vs Connecticut is where a Constitutional Order in Council was established. Queen Anne created a special permanent court to adjudicate as an independent third party to settle issues whenever it should arise between Tribal Nations and Settler Governments. This special court has never been disbanded. The Constitutional Order establishing it has never been repealed.
The 1763 Royal Proclamation recognizes and affirms the Sovereignty of the Tribes and Nations that the British is in alliance with. It states that the premature encroachment of the newcomers upon the sovereign jurisdiction of the Indians upon yet unsurrendered territory prima facie constitutes “Misprision of Treason” and “Fraud.” Settler Governments, their Courts, Laws and Agents have no jurisdiction upon unsurrendered lands. The Royal Proclamation is still a Constitutional Oder for the British Colonies in North America.
If we wish to remain as Sovereign Nations we have no business within Settler Courts where their laws, agents have no jurisdiction over us and our Tribal Laws and Territory unless we make such voluntary surrenders. The Settler Governments have always been in breach of the said Crown Law.
THE MYTH OF TREATY Peace and Friendship Treaties such as the Two Row Wampum, 1764 Niagara Covenant Chain Belt established the Nation to Nation Relationship between the Colonies of the Crown and our Nations. Once we allowed the Law of Water or Crown Law to be
Boundaries by Anishinabek Artist Rabbit Strickland
established on Turtle Island through these Peace and Friendship Treaties we’ve allowed our Law of Land, Tribal and Natural Laws to be threatened. Crown Law and Tribal Law are two very contrasting systems of laws where evidently the two can’t co-exist. Crown Law is Hierarchal, Submissive, Patriarchal and Colonial where our two laws naturally are in opposition.
The Preconfederation Treaties and Numbered Treaties are agreements that surrendered lands within our Territories under the myth of peace, friendship and coexistence. These Treaties however were made under duress, coercion and fraud. Many of these Treaties are fraudulent and invalid and still being dealt with illegally within the biased Settler Court System to remedy historic injustices where we are guarded a third party judiciary to settle such grievances until that happens our Territories are still ours and the laws being imposed within our territories are illegitimate.
THE CONSTITUTIONAL QUESTION The British North America Act was simply a scheme to scam the Indian Trust Fund to pay for establishing the colony of Canada’s infrastructure.
In 1862 the Duke of Newcastle, the Secretary of state for the Colonies makes loan “arrangements” with British Investors, the UK Parliament for the Colonies proposed Railway. The loan was for 12 million pounds sterling. (this can be found in the Canada Railway Loan Bill of 1867. The Loan was due in December 1867. While the Colonies had no real Wealth of their own and were becoming more in major debt they had to come up with a scheme to refinance the loan for the railway due in Dec 1867.
This 1864 Quebec Conference which banned the Press nor involved participation of our Nations or ratified by Citizens is where 32 unelected representatives of the Crown drafted 70 resolutions to establish a Federal Union under the Crown.
The 1866 London Conference, The British North America Bill was submitted to the Queen on February 11. The Queen made no mention of Confederation. When the delegates returned from the UK they brought no original BNA Act back or a certified copy with signatures. The BNA Act was only a Private British Bill that created the “Dominion of Canada” a corporation of the Crown governed by a United Colony.
During this time there were tensions between Britain and the United States where Britain didn’t want to loose its Colonies to the States. The Queen directed John A MacDonald to diffuse these tensions where he officially became a knight on July 1 1867 with the title as Sir a privileged reserved only for British Subjects. How can a British Subject become Head of an independent Country?
The 1982 Amendment of the British North America Act also known as the Constitution Act 1982 did not create a Constitution. An Act that requires permission to be enacted by a Foreign Monarch and not ratified by the People is not a Constitution. This Act is only continuation of the BNA Act which amendments included Parliament no longer requires the Monarch to amend the BNA Act and also included the Canadian Charter of Rights and Freedoms as well as conferences with Indigenous Peoples which failed.
The BNA Act and Indian Act also were in breach of the said Crown Laws in regards to authority over Indians and Lands Reserved for Indians. Canada is not a Country but a United Colony with no Constitution. Justin Trudeau does not reopen the Constitution because Canada does not have one. So called Canadians are still subjects of the Crown where in the courts it is not the People of Canada at the helm but the Crown.
THE WHITE PAPER 2.0
Social Justice Principles have always been guised as a way to assimilate us from the creation of the civilization act to the education through Residential Schools to making us “equal” citizens in Pierre Ellitot Trudeau’s 1969 White Paper.
1982 Left, Bill Wilson Vice President of Native Council and PM Pieree Elliot Trudeauof Parents of current PM Trudeau and Minister of Justice Judy Wilson Raybould face off in a very different way then their children in the 1980’s Constitutional Talks with Indigenous Peoples.
Canada’s Self Government Policy where Education Agreements, First Nation Lands Management Act, Band Constitution’s and this new Framework are being accepted and are created for the eventual municipalization, of Indian Lands and termination of our Rights.
Since Canada has no Constitution they require our Nations to accept such illegal frameworks, self government agreements and resolving of such treaties to legitimize their fraud as a Country and their continued withholding of our Indian Trust Fund and illegal occupation of our Territories and theft of the Resources.
If Trudeau is sincere about recognition of our Title, Jurisdiction and Rights then he first must acknowledge Canada has no Constitution and is not a Country but still a United Colony of the Crown that is illegally occupying Indigenous Territories and I highly doubt he is ready to unleash these facts.
IN CONCLUSION In his Speech on Wednesday Justin Trudeau acknowledged his Father’s inclusion of Indigenous Rights within the 1982 Amendment to the BNA Act who was not going to include them initially and also mentioned that his father only included them after the strong organizing by our People. During this time our “Rights” were not clearly defined where our Peoples have had to participate within their systems such as courts which have been being used to define what our rights are which only benefit so called Canada and is erodes our Title and Jurisdiction.
Today the majority of Indigenous champions being recognized, celebrated by the majority of our People and who determine the narrative of the direction we need to take within our Communities are those successful in the institutions of the Settler society such as Justice Minister Judy Wilson Raybould and others within such structures who adopt the assimilative agenda.
We need to organize as Tribal People, Clans on Clan Territories representing Tribal Laws and reestablish our own Institutions and Justice Systems again which are already recognized and affirmed by Crown Laws. We have no business within settler courts where the only business in such structures is those who wish to voluntarily surrender.
I am a no Justice Minister, Lawyer or even a Chief but I can educate myself on such facts of the Law and have to ask the question, Where are all the “educated Indians” we celebrate who are not speaking these truths in their positions and platforms of privilege? I ask you not to take my word in these facts I shared but to do your own research so we can all be stronger in the Truth. It is time to Organize our Council Fires and Forgotten Societies which is not a Protest Movement or a Hashtag.
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