DATE: March 20, 2006
RE: Henco Industries is building a subdivision on the unsurrendered “Haldimand Tract”for sale to non-Indigenous people who may be unaware that this is illegal.
WHEREAS the Canadian Government knows this land is subject to litigation resulting from fraudulent and dubious practices. Canada has allowed permits to be given out to Indian land it does not have title to. Gen. Haldimand confirmed that Britain affirmed the right of the Six Nations to a tract of land six miles deep on either side of the Grand River running from its mouth to its source. None of this land was ever legally surrendered. Most of this land was lost through a variety of frauds perpetrated or condoned by the colonial governments. Canada knows it violated the law when it deposed the traditional government in 1924. Canada is presently in negotiations to rectify these past injustices. Offering non-native people title to this land is a deliberate attempt to mislead and act in bad faith. Henco Industries is part of “sharp” practice on the part of the Crown in Right of Ontario and/or Canada which knows that it cannot grant legal title to these lands.
WHEREAS the elected Six Nations Council of Grand River set up under the Indian Act does not represent the Rotinoshon’non:we according to standards established under international law, including The International Covenant on Civil and Political Rights.
WHEREAS Canada has ascribed to the internationally recognized standards for respecting political rights of the People as set out in the International Covenant on Civil and Political Rights and other international legal instruments.
WHEREAS the United Nations Committee for the Elimination of Racial Discrimination found on March 6, 2006 that the United States was denying the Western Shoshone people “their rights to own, develop, control and use their land and resources”; they warned the U.S. to respect the Convention; and to “freeze”, “desist” and “stop” their actions immediately and to abide by the Committee’s “Early Warning and Urgent Action Procedure”. Canada’s encroachment violates “international human rights norms, principles and standards”. The Western Shoshone decision indicates that encroaching as a way to take over land has been formally rejected.
WHEREAS there has been no valid consultation with or consent by the constitutional Indigenous People according to the standards set by Canadian, U.S. and international law.
WHEREAS relations between Canada and the Rotinoshon’non:we continue to be governed by the Two Row Wampum.
WHEREAS the actions being taken by Canada, Ontario and its agencies were established in the colonial era according to procedures that violated international law.
WHEREAS General Assembly Resolution 1541 (XV) requires the informed consent of a people before they are included in another state.
WHEREAS the International Court of Justice affirmed Resolution 1541 in the Western Sahara case.
WHEREAS the courts of other colonial states like the Supreme Court of Australia in Mabo have formally repudiated past colonial reasoning and practices
WHEREAS the denial of a nation’s existence constitutes genocide according to the many international covenants that Canada has pledged to uphold.
WHEREAS Section 35 (1) of Canada’s Constitution Act 1982 has formally recognized and affirmed “existing Aboriginal and treaty rights”.
WHEREAS the Constitution of Canada has stated that Aboriginal and Treaty Rights must now be respected.
WHEREAS Canada is required to respect our right to our lands and resources under Section 109 of its Constitution Act 1867.
WHEREAS the traditional laws of the Rotinoshon’non:we are still in effect.
WHEREAS the Women Title Holders have never been consulted concerning this proposal to violate the title of ourselves and the future generations by building subdivisions on our land which involves the alienation of our people’s Indigenous rights and lands.
WE THE WOMEN TITLE HOLDERS ACCORDINGLY REMIND THE COLONIAL GOVERNMENTS AND INSTITUTIONS INVOLVED IN THIS PROJECT THAT:
The proposed construction is illegal; that Canada and Ontario have no authority to make political decisions on behalf of our People;
Rotinshon’non:we land is inalienable. There can be no discussion of the possibility of a legitimate agreement alienating the land.
The procedures deny political power from the People.
The proper venue to discuss these matters is the traditional Rotinshon’non:we process as set out in the Kaianereh’ko:wa.
The Canadian and U.S. Constitutions respect that relations with us shall be conducted on a nation-to-nation basis. (This constitutional jurisdiction issue was brought before the Supreme Court of Canada – Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh v. Attorney General of Cannada and Her Majesty the Queen in Right of Ontario, Court file: 05-CV-030785. In the U.S. Supreme Court. See No. 05-165: 2005. In the Supreme Court of the United States In re Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh, Non-party, Petitioner/Movant/Appellant, The Canadian St. Regis Band of Moahwk Indians, Plaintiffs, Respondents v. The State of New YZork, Defendants, Respondents. Petition for Writs of Certiorari and Quo Warranto with Prohibition and mandamus in Aid to Prevent Genocide. Rules 17.1 and 20.1. Attached.)
The Women Title Holders insist on an immediate end to this initiative, and to initiate a dialogue to work toward a solution acceptable to the Rotinoshon’non:we.
By: Rotinshon’non:we Women Title Holders
Notice of Objection sent to and response required from: Henco Industries Ltd., 128 Highland Blvd. Caledonia Ontario. N3W 2P1; Brant County Community Development: Fax (519) 442-3461; City of Brantford: Fax (519) 759-7840 E-mail: mhancock@brantford.ca; Corporation of Haldimand County: Fax (905) 772-2148 E-mail: mayor@haldimandcounty.on.ca; Oxford County: E-mail: info@city.woodstock.on.ca; Onondaga: Customer Service Fax (519) 758-1619; South Dumfries: Customer Service Fax (519) 448-3105; Dufferin County: Fax (519) 941-2816 E-mail: warden@dufferincounty.on.ca; Kent County, Michigan: Mike Cox, Attorney General Fax: (517) 373-3042; Waterloo: E-mail: sken@region.waterloo.on.ca; Innisfil: bjackson@barint.on.ca; Attorney General: Fax (416) 326-4007 Media Relations E-Mail: Brendan.Crawley@jus.gov.on.ca; Governor General: Michaelle Jean Fax (613) 998-1664 E-mail: info@gg.ca; Chinese Consulate in Toronto Fax: (416) 324-6468
Her Majesty, Queen Elizabeth II, Buckingham Palace; Dalton McGuinty, Premier. Legislative Building, Queen's Park, Toronto ON M7A 1A1, Dalton.McGuinty@premier.gov.on.ca ; Hon. Stephen Harper, Prime Minister, Government of Canada, Parliament Buildings, Ottawa Canada pm@pm.gc.ca ; Department of Justice Canada; Finance Canada; Attorney General of Canada; Attorney General of Ontario; OPP; Cities of on Haldimand Tract, London, Brantford, Caledonia, etc.; Supreme Court of Canada, Department of Justice Canada, Attorney General of Canada, Attorney General of Ontario, John Prentice, Minister of Indian Affairs, Hon. Gilles Duceppe, Block Quebecois, Government of Canada, Parliament Buidligns, Ottawa Canada; Hon. Jack Layton, NDP, Government of Canada, Parliament Buildings, Ottawa Canada; Federal Judicial Affairs; Judicial Institute, Royal Canadian military Institute, Iroquois Caucus; Mohawk Council of Kanehsatake; Six Nations Council; World Intellectual Property Organization, 34 Chemin de Colombettes, Geneva nformation.center@wito.int; Hong Kong Stock Exchange, info@hkex.com.hk bjo@hkex.com.hk; International Monetary Fund, 700 19th St., NW, Washington DC 20431, F 202-623-4661 lelgislative affairs mschrader@imf.org; Chiefs, Saint Regis Mohawk Tribe Inc., 412 State Route 37, Akwesasne (New York) 13655 518-358-3203; -Mohawk Council of Akwesasne, P.O. Box 579, Cornwall, Ontario K6H 5T3; Mohawk Council of Kahnawake, P.O. Box 720, Kahnawake of Mohawk Territory, (Quebec) J0L 1B0; Six Nations Council, Ohsweken; Mohawks of the Bay of Quinte, R.R. 1, Tyendinaga of Mohawk Territory, Ontario 613-396-3424 Fax 613-396-3627; World Trade Organization, Mike Moore, 154 rue de Lausanne 1211, Geneva 21 Switzerland info@gatt.org ; World Bank, 1818 H St NW, Washington DC 20433 USA f 202-477-6391 hotline@worldbank.org ; SAM Indexes Gmgh, DJSI, Seefeldstrasse 215, 8008 Zurich, Switzerland, info@sustainability-indexes.com ; UN Office of High Commission for Human Rights, UN Plaza, S. 294, New York, 10017; Rudolpho Stavenhagen, International Commission for Human Rights, P.O. Box 16, CH-1211, Geneva 20, Switzerland; Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:ne, P.O. Box 1016, Akwesasne (NYS) 13655; Coalition for the International Criminal Court, %WFM, 708 3rd Ave., 24th Floor, New York (NYS) 10017, cicc@iccnow.org; The Hague, Anna Paulownastraat 103, 251 BBC, The Netherlands t: +31-70-363-4484 F: +31-70-364-0259; Pope Benedictum XVI, Joseph Ratzinger, St. Peter’s Square, Vatican City, Rome, Italy; Shiva Vanadana vshiva@giasdl01.net.in; Cayuga Nation of Indians Inc., P.O. Box 11, Versailles, NY 14168 F 716-532-5417; Seneca Nation of Indians, Allegany Reservation, P.O. Box 231, Salamanca, NY 14779 F 716-945-1790; Cattaraugus Reservation, 1490 Route 438, Irving NY 14081 F 716-532-9132; Oneida Indian Nation of New York Inc., 223 Genesee St., Oneida NY 13421 F 315-361-6333; Onondaga Nation, Rte. 11A, Box 229, Nedrow, NY 13120, T 315-492-3041; Tonawanda Band of Senecas (Tonawanda Seneca Nation), 7027 Meadville Rd., Basom NY 14013 T 716-542-4244; Tuscarora Indian Nation, 2006 Mt. Hope Rd., Lewiston NY 14092 T 716-297-4990; Mohawk Nation Council of Chiefs Mohawkna@slic.com, Box 366, Rooseveltown, NY F 518-358-3488; Kanatsiohareke, 4934 State Hwy. 5, Fonda NY 12068 kanatsio@superior.net; Oneida Nation, RR 2, Southwold, Ont. N0L 2G0 T 518-652-5414; Toronto Stock Exchange; Montreal Stock Exchange; Board of Directors %Corporate Secretary, New York Stock Exchange, Inc., 11 Wall St., New York 10005; Fax 212-656-3939; Chu, Tokyo Stock Exchange
The lands in question, being part of the Haldimand Tract according to the Injunction are listed as:
"Schedule A"
FIRSTLY: Parts of Lots B and C, Range West of Plank Road, geographic Township of Oneida, in Haldimand County and being Part 1 on 18R-6217
SECONDLY: Part of Lot 18, Broken Front Concession on the Grand River, geographic Township of Oneida, in Haldimand County, and being Parts 2, and 3 on Reference Plan 18R - 6217
AND THAT the said land is registered in the Land Registry Office for the Land Titles Division of Haldimand as Parcel BC-18 in the Register for Section Rng W Plank Rd & BFC on GR (Oneida)
FROM: The Women Title Holders of the Rotinoshon’non:we
WHEREAS the Women are the “Title Holders” of the land of Rotinoshon’non:we as recalled by Wampum 44 of the Kaianereh’ko:wa.
WHEREAS the “Title” held by the Women represents a trust obligation to maintain the land for the future generations of our Nations as recalled by Wampum 44.
TO: Henco Construction, et al. (See list of recipients of Objection at end of document).
Ayantwahs /s/ ________________________
Gaayetweh /s/ ________________________
