Urgent! Sudden temperature change at Six Nations - Canadian Court order defends corporate squatters – OPP to use guns to resolve constitutional jurisdiction issue

MNN. March 29, 2006. At noon, Wednesday, March 29th, four Ontario Provincial Police OPP cruisers were spotted at the nearby Unity Road School, three Jimmys, about 14 to 15 undercover cops, two cruisiers side by side above the site and on the other side at Canadian Tire the cruisers face the site directly. A lot of media has suddenly converged. We are asking people to help by emailing the Attorney General of Canada and Ontario, The Prime Minister, The Governor General of Canada and worldwide. We welcome our brothers, sisters, friends and allies with open arms to stand in solidarity with us against this illegal invasion of Six nations Land (Highway 6, Caledonia Ontario).

Ontario Superior Court Judge David Marshall just changed his unilateral contempt order against Six Nations land owners. He took a second shot and missed the mark again. He didn’t correct the main defect in his order that it was made unilaterally at the request of one party in the dispute, Henco Industries. No notice was given to the true owners of the land, violating the principles of fundamental justice that are recognized in both Canadian and international law, such as the International Covenant on Civil and Political Rights. Canada has signed this covenant but it ignores it. The Crown suggested Marshall’s first order was too vague for the OPP to enforce. We suggest it was totally illegal. The injunction should have been made against Henco Industries. Their right to change the character and use of the land is questionable, to say the least. A proper injunction would require Henco to immediately stop construction and alterations until the issue of who owns the land is resolved.

MOVE A Canadian person would not be required to respond if an American crossed their border, started building on their land and went to an U.S. court to defend this right. Judge Marshall was irritated by the Crown’s complaint that his original order was “ambiguous” and needed “to be toughened up”. Isn’t the Crown supposed to represent both sides to a dispute? As Canada describes itself as a trustee of Indians, why is it taking the side of the other party?

The Attorney General of Ontario is not neutral. He has to side with the Province of Ontario which has been misleading Henco into believing it owns the land and can give out title. This violates of the original Haldimand Declaration that the Crown would protect the Six Nations’ interests in the land 6 miles on both sides of the Grand River from its mouth to its source. In fact, one of the first surveys done in the area now called Ontario was done to mark out some of the boundaries of Six Nations Land.

Are these folks living in a fantasy world? They had only one thing in mind. They want the OPP to “Get over there and shoot the hell out of dem bad Injuns”. Hey! This ain’t no cowboys and Indian spaghetti western!

In the 1920’s Canada sent in the RCMP to throw out the traditional Six Nations government and take all our funds. They had no authority to do this. The Six Nations government could never complete its negotiations with the OPP. The OPP does not have legitimate jurisdiction to conduct policing maneuvers on Six Nations land.

Marshall’s court order has no legal authority to make orders on what happens on Six Nations land. When the Six Nations people didn’t show up, he made them guilty of contempt of court. How can they be in contempt when they didn’t know about? There’s a whole lot of crazy stuff going on here! Marshall, the court, Ontario, Canada and the OPP are showing a lot of contempt for the law. The Indians are right there for all the world to see. There would have been no problem finding someone to tell them about the court hearing.

This is “raw authoritarianism”, “We’re going to get your off your land even if we kill you doing it”.

This abuse of legal process is confusing the public. The Hamilton Spectator continually refers to the disputed site as a “construction site”. The ownership is in dispute. This misleading statement legitimizes squatting on Indian lands in the eyes of the public.

What are the options for the Six Nations People? Go to court and appeal this improper injunction, which may not be open to them as they may not have money for lawyers.

Another option would be for Six Nations to set up mediation with Canada, Ontario and Henco Industries under the Kaianereh’ko:wa, which is the law of the land that Henco is squatting on. Squatter Henco Industries expects to see an immediate response by the cops. They’re going to arrest, fingerprint and shoot pictures of the Six Nations. Then they’re going to let them go with orders “to be good Indians” and stay off our land. “If we see you again, you criminals are getting free room and board (jail time) for 30 days”.

Native woman, Janie Jamieson, said the new order doesn’t change anything. It’s still illegal. Douglas Creek Estates is being built on Six Nations’ territory. "The whole issue is jurisdiction and title and we're allies, not subjects,". Canada must stop using guns to resolve its legal disputes with the Indigenous People. They know they stole it, they have to give it back.

Ottawa sent an independent mediator, Michael Coyle of the University of Western Ontario, last week. The women sent him packing, “There’s the Eastern Door. Now get out!”

Kahentinetha Horn, MNN Mohawk Nation News,
kahentinetha2@yahoo.com xoming soon daily news at www.mnn.mohawknationnews.com

Six Nations contacts: Jacqueline_house@hotmail.com ; Janie Jamieson 905-517-7006; Dick Hill 519-865-7722 thebasketcase@on.aibn.com ; Hazel Hill 519-717-4292 519-445-1351

Email the Ontario Attorney General http://www.attorneygeneral.jus.gov.on.ca/eng lish/comments.asp