» Venerated Elders Blackfoot

Native groups use Macdonald’s birthday to raise issue of his legacy of residential schools

jimcraven — Tue, 13 Jan 2015 16:52:59 +0000

Native groups use Macdonald’s birthday to raise issue of his legacy of residential schools

“If people really knew the history of Sir John A. Macdonald, I’m not sure if they would celebrate his legacy,” Deputy Grand Chief Alvin Fiddler from the Nishnawbe Aski Nation said. (ANDRE FORGET/QMI AGENCY)

http://www.ctvnews.ca/canada/stephen-harper-helps-celebrate-200th-anniversary-of-sir-john-a-macdonald-s-birth-1.2183044#.VLM3F3Q82VE.gmail

http://news.nationalpost.com/2015/01/10/sure-john-a-macdonald-was-was-a-racist-colonizer-and-misogynist-but-so-were-most-canadians-back-then/

Nicole Ireland, QMI Agency

Jan 9, 2015, Last Updated: 5:57 PM ET

Aboriginal people in Canada say the 200th anniversary of Sir John A. Macdonald’s birth is anything but a cause for celebration.

“If people really knew the history of Sir John A. Macdonald, I’m not sure if they would celebrate his legacy,” Alvin Fiddler, Deputy Grand Chief of Nishnawbe Aski Nation, told QMI Agency. Nishnawbe Aski Nation represents 49 First Nation communities in Ontario.

First Nations and Metis people continue to live with the consequences of Macdonald’s policies — both as minister of Indian Affairs and as prime minister — to this day, Fiddler said.

In particular, Macdonald was “instrumental” in establishing the Indian Residential School system in the late 1800s. Back then, Macdonald insisted aboriginal children must be taken from their families and assimilated into the rest of society, rather than receiving education in their own communities.

“When the school is on the reserve, the child lives with his parents who are savages; he is surrounded by savages, and though he may learn to read and write, his habits and training and mode of thought are Indian,” Macdonald said, according to archived documents. “He is simply a savage who can read and write.”

That view led to a residential school system that lasted more than 100 years, tearing more than 150,000 First Nations, Metis and Inuit children away from their families and into boarding schools, where they were forbidden to speak their native languages or practice aboriginal culture and often lived in poor conditions. Many suffered abuse. Survivors — having been isolated from their parents — didn’t know how to bond with their own children, passing the trauma from generation to generation, according to the Truth and Reconciliation Commission. The commission was established when the Canadian government apologized for the residential school era in 2008.

Without understanding the complete historical picture, “it’s simply wrong for Canadians to be celebrating (Macdonald’s) legacy,” Fiddler said.

But Fiddler also sees the anniversary as an opportunity for people to learn more about that part of their history, with the hope that education can ultimately lead to reconciliation between aboriginal people and other Canadians.

“We need to have this conversation,” he said.

In a statement, the Assembly of First Nations said the anniversary has “different meanings for different people.”

“Many Canadians know only the conventional history of Macdonald as a ‘father of Confederation,’ yet for many First Nations the legacy of Sir John A. Macdonald is a painful one,” National Chief Perry Bellegarde said.

“First Nations are often lectured about ‘not living in the past’, but the decisions, policies and actions that are preventing First Nations from achieving the same quality of life and the full expression of our rights to control our lives and lands have a foundation in the early decisions of the settler governments,” he continued. “The commemoration of Sir John A. Macdonald’s birthday should be an opportunity to commit ourselves to understanding our past so we can understand how we can move forward together to create a country where we all thrive and benefit from the beauty and riches of this land.”

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APTN’s Bad Harvest: One of the Many Faces of Genocide the Case of Kainai Blackfoot

jimcraven — Wed, 03 Dec 2014 19:33:43 +0000

http://aptn.ca/news/aptn-investigates-full-episodes/

Canada’s Trails of Tears and Corruption in Indian Country

jimcraven — Sun, 21 Sep 2014 07:44:11 +0000

Twila Eagle Bear-Singer Removed

Play video

7Feb/14, Kainai High School, Blood Tribe Reserve, Treaty7, Twila is removed from spectators’ stand by Blood Tribe Police at Stephen Harper speaking event. Police claim her tweets made her ineligible…

00:02:27

Added on 2/07/14

6,314 views

In Southern Alberta, Harper and Duncan received names and head dresses from the Blood #148 and the Piegan #147 Indian Reserves; contrary to values, beliefs and traditions of the Blackfoot Confederacy.

According to the traditionalists and Nii tsii ta pii ko waiks, these bestowments should never have occurred. The community of the Blood Indian Reserve have refused to acknowledge the bestowment and is viewed as treason and blasphemy according to the teachings of the Blackfoot Nation.

These two individuals(Harper and Duncan) are advocates of Genocide! Current Aboriginal Affairs Minister Valcourt also believes and implements genocide.

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Valcourt has received all the information about corruption on the Blood Indian Reserve and refuses to intervene or request an investigation.

In the Blood Tribe Lands Department, the Director along with its Committee members are using this department to launder kickbacks and is shared by the Chief, Chairman and Elliot Fox. They charge a $13 an acre signing fee; it is reported that the Reserve has at least 200,000 acres under cultivation.

If this amount is accurate (200,000 x $13.00 per acre) = $2.6 million dollars unaccounted for annually. These cheques were not obtained by the Tribal auditors – Meyers, North and Penny – Lethbridge, Alberta; they were shared by one of the farmer’s book keeper; “she was told to keep quiet about these cheques or they will not be allowed to farm on the Reservation”. Many of the farmers have indicated they have had to pay this amount and is still currently being practiced.

We were able to locate copies of cancelled cheques 1 farmer paid to Elliot Fox, copies are on this link, they go back to 2001.

http://sttpml.org/wp-content/uploads/2014/09/Lands-Fraud-Cheques.pdf

Another issue that has surfaced was the First Nations Education announcement on February 7th.2014 at the Kainai High School, Chief Weaselhead and his Councillors endorsed this deal. Community members were shocked to hear that the Blood Tribe has agreed to this legislation. The community was never informed and knew nothing about it. Some of the youth who showed up to ask questions were escorted out, a link is enclosed for your information.

http://warriorpublications.wordpress.com/2014/02/07/harper-visits-blood-rez-women-forcibly-removed-for-tweeting/

http://www.youtube.com/watch?v=HC1UavTCT6k&sns=em

Piikani unrest

BY MABELL, DAVE ON SEPTEMBER 25, 2014.

http://lethbridgeherald.com/news/local-news/2014/09/25/piikani-unrest/

Dave Mabell

Lethbridge Herald -BROCKET

dmabell@lethbridgeherald.com

With a band election scheduled this winter, members of a local First Nation are demanding that their council – with just seven members, and no chief – scrap its plans for a new hockey rink.

Piikani Nation member Dominic Crowshoe, describing “third world” conditions on the reserve at Brocket, vowed Wednesday to raise a teepee on band administration land in protest of decisions being made by seven council members as their terms near an end.

Although the Piikani received $64 million in compensation for loss of land when the Oldman Dam was built, he said band members are no better off. Crowshoe said council has not effectively addressed unemployment, alcohol and drug abuse issues.

Piikani member Angela Wolf Tail, speaking at a small gathering outside the band’s Administration Building, called on band members “to join me in standing against the corruption that has plagued our nation.”

She told reporters a group of seven council members is too few to pass or alter band council resolutions. Now a non-member – a federal judge – will be making decisions about the community’s future.

Elected chief Gayle Strikes With A Gun was suspended in 2012 over allegations of nepotism and a conflict of interest in dealing with a financial transfer. She was later ousted, leaving the band council without its leader.

Wolf Tail called on Piikani members to vote against their council’s plan to use $2 million of the $64 million received in 2002 to build an ice sports facility.

That money, she said, “can be better spent on building a homeless shelter, and a few homes for those who need them most.

“We still live in poverty,” she said. “Masking our homes with siding doesn’t cover up the insides of these homes, where up to three or more families are living in one house.”

A vote on changes to the band’s “custom election bylaw” should not be on the same ballot as the ice arena question, she added. Band council has ordered a referendum on Oct. 6 and 7, asking for project approval as well as a decision on whether the next council should consist of a chief and 12 councillors, or just eight.

As well, voters will be asked if council’s term should be reduced from four years to three.

Wolf Tail also spoke against band council’s decision to invite a Court of Queen’s Bench justice to rule on aspects of a Piikani Investment Corporation proposal. She said it involves a debt of more than $14 million.

September 19, 2014 3:18 pm

NDP forces debate on murdered and missing aboriginal women

By Staff The Canadian Press

http://globalnews.ca/news/1572981/ndp-forces-debate-on-murdered-and-missing-aboriginal-women/

ABOVE: NDP Peter Julian discusses the parliamentary maneuver they used to force a debate on murdered and missing aboriginal women

OTTAWA – The NDP has used a tactical ploy to force a debate in the House of Commons about the need for an inquiry into murdered and missing aboriginal women.

The Opposition caught Conservatives by surprise, waiting until they had filed out of the House after the daily question period.

The NDP then rushed their own members back in and out-voted the remaining Tories to approve the debate.

Romeo Saganash, an NDP member from northern Quebec region, has told the House that aboriginal women are much more likely to be victims of violence than non-native women.

Saganash says an inquiry is needed to get to root causes.

Conservative Susan Truppe defended the government’s record on murdered and missing aboriginal women.

Indigenous Peoples Forum on the Impact of the Doctrine of Discovery

jimcraven — Sat, 19 Jul 2014 01:37:22 +0000

Indigenous Peoples Forum on the Impact of the Doctrine of Discovery

A forum to address the implications of the Doctrine of Discovery in context of the standards established by the adoption on September 13, 2007 of the United Nations Declaration on the Rights of Indigenous Peoples: Local – Regional – Continental – Global

Monday, November 25, 2013

A Concept of Native Title by Leroy Littlebear http://doctrineofdiscoveryforum.blogspot.com/

A CONCEPT OF NATIVE TITLE

By Leroy Littlebear (1982)

Presently in Canada the issue of aboriginal rights, Indian title, and land claims by the Indian people are issues that to the people of Canada are major concerns. These issues are of a major concern not only because if recognized as legitimate and legal it means the payment of large sums of money by the people of Canada to the Natives of this country, but they also have implications for the development and exploitation of the natural resources, especially oil and gas, and for the ecology.

But so far, neither the Canadian Government nor the people at large have come to grips with these issues. It is probably more correct to say that they do not want to come to grips with them. The courts of Canada have had several opportunities to deal with aboriginal rights, but not unlike the government, they too have avoided dealing directly the issues. They find one technicality or another to dismiss a case. In regards to land, aboriginal rights includes native title, and land claims almost exclusively deals with the issue of native title. In this short paper, the writer will attempt to present a concept of native title for purposes of educating these people who are in a position to do something about these issues. Three recent court decisions have attempted to deal with native title: Calder v. Attorney General of British Colombia[1], referred in layman’s terms as the “Nishga Case”; Kanatewat v. James Bay Development Corporation[2], and its sequel, James Bay Development Corporation v. Kanatewat[3], better known as the James Bay Cases; and Re Paulette and the Registrar of Land Titles[4].

In the Calder case, the Supreme Court of Canada held against the Nishga Indians of British Columbia. Their holding was to the effect that if the Nishgas had title, this title had long ago beenextinguished by adverse acts on the part of the British Crown. The Court also reasoned that Indian title does not exist independent of legislation recognizing it. But the court did not define Native Title. At the superior court level of the James Bay cases, the judge held that Indians had aboriginal title. But the Quebec Court of Appeals reversed the superior court’s decision and in essence held that there is no such thing as aboriginal title.

They reasoned that no treaties had ever been signed in the James Bay area, therefore, no Native title exists. But this of course, is ridiculous because treaties are a means of extinguishing Indian title and not a means of creating it. But both courts did not define Indian title. In the Paulette case the judge, in handing down his decision on whether the Indians of the Northwest Territories could lodge a caveat in regards to the land they were claiming, held that arguably the Indians had a legally recognizable interest in the land in spite of the fact that the area claimed was covered by a treaty[5].

He reasoned that the Treaty could not be interpreted as a total surrender and should be looked at as a peace and friendship treaty. At the Court of Appeals level, again, the lower court’s decision was reversed. The Court of Appeals in essence held that a caveat could not he lodged against a sovereign without its permission. Here again the court did not define Native title.

Important as these decisions are and the implications they have for aboriginal rights in Canada, the single most important decision is St. Catherine’s Milling and Lumber Co. v. The Queen[6], handed down by the Privy Council. The Council held “that the tenure of the Indians as a personal and usufructuary right, dependent on the goodwill of the sovereign”; that there has been all along vested in the Crown a substantial and paramount estate, underlying the Indian’s title, which became a plenum, dominium whenever that title was surrendered or otherwise extinguished”. In other words, the British Crown, prior to the discovery of North America, has always had title to the lands in North America in an a priori sense.

The result of the St. Catherine’s Milling and Lumber Co. case is that the British, by simply setting foot on North America and planting a rag attached to a pole on the shores, acquired the title to Indian lands. This ritual, i.e. the coming ashore and the planting of a flag and the claiming of the land for the Monarch, is sometimes referred to as “Discovery”. The Doctrine of Discovery is one justification for claiming fee simple title to lands in North America. But the doctrine has been abused, misconstrued, and misinterpreted by the white man. Chief Justice Marshall of the United States Supreme Court, and one of the first to use the Concept or Discovery in his decisions, said in theJohnson and Graham’s lessee v. Mc’Intosh case[7] that discovery was a doctrine meant to apply to the European powers for their own orderly conduct in dealing with the aboriginal people of North America.

Hence, discovery was not meant to apply to the Indians. It was not meant to mean fee simple ownership. To the contrary discovery can be analogized to a ‘business franchise’. Just as a business franchise gives exclusive rights to the owner of the franchise to enter into business relations with people, within the geographic area of the franchise, discovery was meant to give a European power which came to the shores of North America the exclusive right to deal with the Indians whose territory covered or included the particular area discovered by a European power. A right to deal with people certainly does not give ownership to their property.

Before moving on, the writer would like to consider two separate but not unrelated fundamental questions. Firstly, in regards to the reasoning of the Privy Council in the St. Catherine’s Milling and Lumber Co. case, the writer would like to ask, “What is property?” Most authorities would define property to be the relationship that people have about a thing.

Taking this definition and applying it to the statement by the Privy Council that the Crown has always had underlying title to the lands in question how is it possible to have a relationship about a thing, in this case, land, which a people do not know exists? In regards to the doctrine of discovery, it interpreted as giving fee simple ownership, rather than being in the nature of a franchise, then should not the doctrine have a geographic limitation, in the same way that the Royal Proclamation of 1763 has been held not to apply to terra incognita?

When it come to the consideration of Native title, most authorities reason that Indians have no concept of property ownership and therefore, how could they have title? But this is nonsense! It is high time the Government and the Courts stop using as premises false reasonings such as “personal and usufructuary right dependent on the good will of the sovereign” for stare decisissake.

At one time reasonings such as were forwarded in the St. Catherine’s Milling and Lumber Co. case may have held water and we can, at least, give them the benefit of the doubt because people probably did not know any better. But we know better today, and we know different. At least, we claim to be one of the most advanced societies this world has ever known.

It is time we put out intelligence to work in a way that will do justice to our claim! In order to understand the property concepts of any society, one must have some appreciation of the overall philosophy or habitual thought of that society. By habitual thought, the writer means the philosophical premises that are basic to a culture; premises that a society used to relate to the world. The habitual thought of Western Occidental society is very linear and singular. A good example of linear things is Western Occidental society’s concept of time. Time is conceptualized as a straight line. If one attempted to picture “time” in his mind, he would see something like a river flowing toward and on past him. What is behind is the past. What is immediately around him is the present. The question is upstream.

But one cannot see very far upstream because of a waterfall, the waterfall symbolizing the barrier to knowing the future. This line of time is conceptualized as quantity, especially as lengths made of units. A length of time is envisioned as a row of similar units. A logical and inherent characteristic of this concept of time is that once a unit of the river of time flows past, that particular unit never returns…it is gone forever. This characteristic lends itself to other concepts such as “wasting time”, “making up time”, “buying time”, “being on time”, which are unique to Western Occidental society.

Another characteristic of this linear concept of time is that each unit of time is totally different and independent of similar units. Consequently, each day is considered a different unit, and thus a different day. Every day is a new day, every year is a new year. From this the reader can readily understand why there is a felt need among Western society to have names for days and months, and numbers for years. In general, Western philosophy is a straight line. One goes from A to B to C to D to E, where B is the foundation for C, and C is the foundation for D, and on down the line.

Many Native people think in terms of cyclicity. Time is not a straight line. It is a circle. Every day is not a new day, but the same day repeating itself. There is no need to name each day a different name. You only need one name: day. This philosophy is the result of a direct relationship to the Macrocosm. The sun is round; the moon is round; a day is a cycle – daylight followed by night; the seasons follow the same cycle year after year.

A characteristic of cyclical thinking is that it is wholistic, and the same way that the circle is a whole. A cyclical philosophy does not lend itself readily to dichotomies of categorizations, nor fragmentation, nor polarizations, whereas linear thinking lends itself to all of the above. Linear thinking, also, lends itself to singularity. For example, “there is only one great spirit”, “only one true rule”, “only one true answer”. These philosophical ramifications of Western habitual taught result in misunderstanding wholistic concepts.

Westerners relate themselves to only one aspect of the whole at the time. The linear and singular of philosophy of Western society, in the cyclical and the wholistic philosophy of most Native people can readily be seen in the property concepts each society has. British concepts of ownership or title dissimilar to Native concepts of land ownership. An underlying premise of the British property system is that no one can own land in the same way that one can own a book. One cannot possess land in the same way that one can possess a book. Possession forms a large part of ownership. Since one cannot own land in the same way that he can own a book, a system has been devised by the British to give symbolic ownership. This system is known as the estate system.

Under the estate system one cannot outrightly own the land, mainly because land outlasts human beings. The land was there before the present owner, and will still be there after the present owner passes. Consequently, one can only have an interest in the land called an estate. The British developed a hierarchy of interests or estates. At the very top is “a fee simple absolute”. It is a possessory fee simple absolute, the largest estate known to the law. Even though a parcel of land has geographic bounds, when considered in terms of time, this estate is said to be of infinite duration. It is a present, freely alienable, possessory estate. There are no other outside interests. A fee simple absolute can be symbolized as A (grantor) to B (grantee) and his heirs. On down the line come the defeasible estates.

The first defeasible estate is the fee simple determinable (with a possibility of a reverter). It is possible that A, a landowner in a fee simple absolute will grant land to B with a condition, or limitation which will cause the estate of B to come to an end upon the happening of a certain event. The fee simple determinable can be symbolized as A (grantor) to B (grantee) plus a condition (so long as liquor is not sold on the premises).

The interest retained by the grantor is known as a possibility of a reverter. The grantee has all the same rights in regards to the land as one having a fee simple absolute except for the one condition, hence he has a lesser interest than one having a fee simple absolute. Another defeasible estate is the fee simple subject to a condition subsequent. It can by symbolized as A (grantor) to B (grantee) on the condition that liquor is never sold on the premises; but if liquor is ever sold on the premises, the grantor shall have a right to enter. This interest is not greatly different from the fee simple determinable. The main difference is the interest retained by the grantor.

In the F.S.D., the grantor interest automatically terminates on the happening of an event. As soon the condition is broken, the fee reverts back to the grantor. In the F.S.S.C.S. the fee does not automatically revert back to the grantor on the happening of an event or when the condition is broken. The grantor or his heirs must exercise the right to re-enter before the fee reverts back. If the right of re-entry is not exercised, the fee remains in the grantee in spite of the condition being broken.

Another step down the hierarchy of estates is the Fee Tail, which has been phased out of British common law. The fee tail limits the class of heirs capable of inheriting to those who likewise answer the description of lineal descendants. When and if the line of lineal descendants runs out, the estate tail comes to an end. The Grantor retains a non-posessory, future estate called a reversion. A fee tail can be symbolized in legal language as follows: A (grantor) to B (grantee) and the heirs of his body.

There are a number of other interests or estates such as a life estate, indefensible vested remainders, contingent remainders, executory interests, and a number of non-freehold estates. But for our purposes, the above will suffice. A couple of observations can be made in regard to the estate system.

Firstly, the system is linear vertically. The system is also very singular. It is geared to the individual ownership of land. Secondly, an underlying goal of the system is to facilitate transferability of the different interests. Thirdly, the system necessitates an extensive and complicated registry. It makes possible to chronologically trace previous owners. If one went back far enough to the original source or original owner, one would discover that it is the Crown or the Monarch. In other words, the source of title is the Crown. Indian ownership of property, and in this case, land is wholistic. Land is comunally owned. Indian property ownership is somewhat akin to joint tenancy: the members of a tribe have an undivided interest in the land; everybody, as a whole, owns the whole.

In regards to title, to use the language of the estate system, the Native concept of title is somewhat like a F.S.D., or a F.S.S.C.S, or a F.T. or a combination of all three. It is as though the original grantor of the land to the Indians put a condition on it… “so long as there are Indians”; “so long as it is not alienated”; “on the condition that it be used only by Indians” etc. In other words, the Indian concept of title is not equivalent to a fee simple, but is somewhat less than fee simple. This is not to say that they were not capable of conceiving a fee simple concept.

If one attempts to trace the Indian’s source of title, one will quickly find the original source is the Creator. The Creator, in granting land, did not give the land to human beings only but gave it to all living beings. This includes plants, sometimes rocks, and all animals. In other words, deer have the same type of estate or interest as any human being. This concept of sharing with fellow animals and plants is one that is quite alien to Western society’s concept of land. To Western society, only human beings have a right to land, and everything else is for the convenience of human beings.

The concept of the Indians of sharing with fellow living things is not unrelated to the concept of social contract that has been forwarded by some philosophers.

For instance, Rousseau and Locke refer to a social contract to explain the origins society and government. But their social contract refers to human beings only. If the idea of a social contract is applied to Native people, one will find that it includes not only human beings but all other living beings. An observation about the Indian’s concept of land title includes a reference back to the basic philosophy. Indian property concepts are wholistic.

Ownership does not rest in any one individual, but belongs to the tribe as a whole, as an entity. The land belongs not only to people presently living, but it belongs to past generations and to future generations. Past and future generations are as much a part of the tribal entity as the living generation. Not only that, but the land belongs not only to human beings, but also to other living things; they, too, have an interest. The question inevitably arises as to just what the Indians surrendered when they signed treaties or engaged in activities that today the government claims were actions on the part of the Indians extinguishing their title.

Firstly, the Indian concept of land ownership is certainly not inconsistent with the idea of sharing with an alien people. Once the Indians recognized them as human beings, they gladly shared with them. They shared with Europeans in the same way they shared with the animals. But sharing here cannot be interpreted us meaning that Europeans got the same rights as any other Native person, because they were not descendants of the original grantees, or they were not parties to the original social contract. Sharing certainly cannot be interpreted as meaning that one is giving up for all eternity his rights.

Secondly, the Indians could not have given a fee simple in any land transaction they may have engaged in, because they did not have a fee simple. They were never given a fee simple by their grantor. It is well known in British property law that one cannot give an interest greater than he has.

Thirdly, Indians could not have given an interest equal to what they were originally granted, otherwise they would be breaking the condition of the fee granted. Not only that, but they are not sole owners of the original grant. The land belongs to the past generations, the yet to be born, and the plants and animals. In order to give an interest equal to the original grant, one would have to get a transfer from those holding an equal interest, and these would include the dead, and the yet to be born, and the plants and animals. Has the Crown ever received a surrender from these other living entities?

Fourthly, the only kind of interest that the Native People have given or transferred is an interest lesser than they had, for one can always give an interest smaller than he has. For instance, if one holds an F.S.S.C.S., one can always give away a life estate. From the above one can readily conclude that the Indians did not surrender very much if they surrendered anything at all. Fifthly, the above philosophy, property concepts, and ramifications and implications thereof, may sound ridiculous and fairy-tale-like, but what philosophy does not? Do biblical stories make more sense? To Native people they sound rather ridiculous and make believe. Does the “Crown” as a fictitious entity make more sense? The writer does not think so.

Canada as a sovereign nation, via the Crown, claims ownership and sovereignty over all the land within its boundaries. But how does one gain ownership and sovereignty over particular piece of land? One can gain sovereignty through aboriginal rights which basically means that one is the original occupier of a particular piece land. One can gain sovereignty through conquest. One can gain some land rights through adverse possession. One can gain title through conveyance. Lastly and uniquely to the Americas, and claimed to be just by Europeans, one can gain title through discovery.

If we look at Canada, and ask again, “How did she gain title to the lands within its boundaries? “ It certainly cannot claim title via aboriginal rights. Only Native people can claim aboriginal rights. It cannot claim sovereignty through conquest. Who did it conquer? Sure, one or two small tribes may have been conquered, but certainly not most Indian tribes. On the contrary, she chose to enter into peace and friendship treaties with most tribes.

If one tribe was actually conquered, it certainly does not mean that all Indians were conquered. Conquest has geographic limitations in the same way that the Royal Proclamation has geographic limitations. In the Nishga case, the court in a roundabout way, suggests that the Crown gained title to lands in British Colombia via adverse possession, i.e. adverse acts on the part of the crown. But the theory of adverse possession could not apply to Native peoples because the land was not individually owned.

Secondly, adverse possession does not apply to a sovereign because an underlying assumption of the theory of adverse possession is that the adverse possession must have his title recognized by a higher entity. In the case of the sovereign, there is no higher entity. If the Crown can claim any type of interest, it can legitimize this claim through conveyance and only through conveyance. But as the writer has already shown, the Indians surrendered if they surrendered anything at all, is a lot smaller to what the government lays claim to. It certainly is not a fee simple.

The only other means by which Canada can justify its claim to Indian lands is through discovery. But then the writer has shown how discovery has been misinterpreted and misconstrued. When the courts and the government say the Indian’s title is dependent on the goodwill of the sovereign, and that the Indian’s interest is a mere burden on the underlying title of the crown, the question to ask is: “What did the Crown get its title from? And how?” When the courts refer to Indian title, they should say something to the effect of, “the title or interest of the Crown is a mere personal and usufructuary interest dependent on the goodwill of the Indians.”

The Indians have all along had a paramount estate underlying the Crown’s interest. The Crown’s interest is a mere burden on the title of the Indians. As a conclusion to this short paper, the writer would like to state that his hope that he has in some small way contributed to a better understanding of the Indians property concepts, which in turn, hopefully, will facilitate a better understanding by those who are not familiar with Indian thinking. The writer hopes that, in some small way, by this paper, he has contributed toward educating non-Indians about why and the basis for the land claims the Indians are making.

If justice and fairness are underlying goals of today’s government and court system, then the concepts and the philosophy of Indian people should certainly be taken into consideration and given as much weight as British concepts and philosophy. But if justice and fairness are not underlying goals, then we should stop covering ourselves with a false aura of sacredness and bring out things in the open, so everybody knows where they stand. In other words, if we cannot be bothered with justice and fairness, we should, at least, be truthful.

BIBLIOGRAPHY

[1] Calder V. Attorney-General (1971). 13 D.L.R. (3d) 64, 74 W.W.R. 481.

[2] In Re Paulette, (1974) 42 D.L.R. (3d) 8.

[3] Kanatewat V. James Bay Development Corpo ,and the Attorney General of Canada, Quebec Superior Court of Appeals, November 22, 1973

[4] James Bay Development Corp. V. Kanatewat, Quebec Court of Appeals, November 22, 1973.

[5] Treaty No.11 (1921)

[6] St. Catherine~~(1887) 13 S.R.C. 577.~~

~~[7] Johnson V. Macintosh 21 U.S. (8)~~

Tuesday, November 26, 2013

Catholic Groups in Solidarity with Indigenous Peoples Ask Pope Francis to Rescind Papal Bulls from 15th Century

LORETTO COMMUNITY Sisters of Loretto/Co-Members of Loretto Nov. 25, 2013 For more information, call/e-mail Jean Schildz, (314) 962-8112, ext. 106 jschildz@lorettocommunity.org

For Immediate ReleaseThirteen Catholic Groups in Solidarity with Indigenous People Join Their Request to Ask Pope Francis to Rescind Papal Bulls from 15th Century

Thirteen Catholic groups today announced their request to Pope Francis to issue a formal rescission of the 15th century papal bulls that provide the basis for the Doctrine of Discovery.

Joining together to make the request are the Loretto Community, together with the elected leadership of the Sisters of Mercy of the Americas, the 19 member congregations of Dominican Sisters Conference, the Sisters of St Francis (Rochester, Minn.), Sisters of St. Joseph (Concordia, Kan.), Sisters of St. Joseph (Philadelphia), Sisters of Charity of Leavenworth (Kan.), the Congregation of Sisters of St. Agnes (Fond du Lac, Wis.), Institute of the Blessed Virgin Mary (Casa Loreto, Rome), Sisters of St. Joseph and Associates of Buffalo New York; Pax Christi International; as well as the 8th Day Center for Justice which is funded by 34 congregations of religious men and women; and the Franciscan-founded Nevada Desert Experience in collaboration with Chief Johnnie L. Bobb of the Western Shoshone National Council.

The membership of the 13 groups includes women and men religious and laypeople. The groups’ request stands in solidarity with indigenous peoples’ persistent requests to every pope since 1984 to do the same. Columbus’ arrival in the Western Hemisphere began an era of horrific violence based on religious intolerance.

The Doctrine of Discovery justified this violence in addition to the seizure of any land not owned by Christians.

The 13 groups cited above call upon Pope Francis to start a new era of justice with a public declaration that formally rescinds Dum Diversis Bull of 1452, which granted the pope’s blessing “to capture, vanquish and subdue the Saracens, pagans and other enemies of Christ and put them into perpetual slavery and to take all their possessions and their property,” and Inter Caetera Bull of 1493, which granted authority to Spain and Portugal to “take all lands and possessions” so long as no other Christian ruler had previously claimed them.

The 13 groups cited above also ask Pope Francis to create a new papal bull that promotes ethical norms in harmony with Gospel values. Other Catholics have raised their voices in solidarity with this worldwide indigenous peoples’ request, notably Pax Christi International in a prior communication to the World Council of Churches, and the Religious at the United Nations signing a letter to Pope Francis originated by the Passionists International. It is likely that other Catholics have similarly stood as allies, and more are expected to experience the call to do so.

All voices in solidarity are welcome. The requested actions would be a moral victory for indigenous people, and one long overdue. Recent popes have made gestures of reconciliation, moving the Catholic Church and the world at large forward to this important moment. Indigenous groups stand firm in their requests for rescission and repudiation of the official bulls, seeking the same formality with which they were issued.

The 13 groups previously cited stand in solidarity with these requests of indigenous neighbors, far and near. These groups draw inspiration from their Catholic heritage and Gospel values of peace and justice. Many members of these communities were shocked to learn of the doctrine, saddened at the delay experienced by indigenous peoples and eager to show solidarity with the justice-based effort.

The past year for many communities has been one of slowly coming to terms with something that indigenous peoples have experienced for centuries. The 13 Catholic groups making this request join with other denominations that have made similar announcements, including the World Council of Churches, the Episcopal House of Bishops, the Philadelphia, New York and Canadian Yearly Meetings of the Religious Society of Friends and the Boulder Friends Meeting (Quakers), the United Methodist Church, Unitarian Universalists and many others.

To join in this effort, please contact Loretto Papal Bull Rescission Committee members Libby Comeaux (libby.comeaux@gmail.com) or Mary Helen Sandoval (mary.sandoval.ms@gmail.com).

_____________________________________ *Today’s relationships between governments and indigenous people in the Americas, Africa and Oceania have as their foundation the “Doctrine of Discovery.” It is a principle of international law with roots dating back to 15th century papal bulls. These decrees largely were used to justify Western Europe’s dominion over lands occupied for thousands of years by indigenous peoples. They made possible the European age of “discovery,” sanctioning and promoting the conquest, colonization and exploitation of non-Christian lands and peoples.

Residential Schools Commission Calls For 30-Year Seal on Records: Crimes, Cover-ups, Like Lies, Can Only Beget More of the Same

jimcraven — Thu, 17 Jul 2014 07:43:23 +0000

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Residential schools commission calls for 30-year seal on records

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A lawyer for the Truth and Reconciliation Commission has presented an alternative option to destroying the testimony of about 38,000 claimants — lock it in a vault for 30 years.

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PHOTO BY BLAIR GABLE https://www.facebook.com/torontostar?fref=photo

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http://www.thestar.com/news/crime/2014/07/15/residential_schools_commission_calls_for_30year_seal_on_records.html

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The Truth and Reconciliation Commission has been looking through documents stored at the Library and Archives Canada Preservation Centre in Gatineau.

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By: Tim Alamenciak News reporter, Published on Tue Jul 15 2014

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The claims of 38,000 residential school survivors could be headed for a vault instead of an incinerator depending on the direction of a judge.

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On the second day of arguments over the potential destruction of documents detailing abuse at residential schools, Julian Falconer, the lawyer representing the Truth and Reconciliation Commission, proposed an alternative to eradication — locking the documents away for 30 years and then transferring them to Library and Archives Canada.

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“You’re guaranteeing the claimants that no one can access their information for three decades and you’re not putting yourself in that irreversible position the Truth and Reconciliation Commission is worried about,” said Falconer. “The minute you destroythis portion of history, you alter the ability for generations to come to remind people what was done to these individuals.”

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Under the commission’s proposal, survivors would have the option of voluntarily sending their files to the National Research Centre, an archive set up at the University of Manitoba. Falconer also said the commission would accept a 50-year seal on the records if 30 years was deemed to be too short.

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Related:

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Survivors of residential schools push back against document destruction

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Truth and Reconciliation Commission gets access to thousands more documents

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Government ordered to hand over documents about infamous residential school

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The proposal from the lawyer working for the claims secretariat called for all records to be destroyed two years after the last residential school survivor has their claim resolved. Justice Paul Perell, the judge charged with administering the case, said he favours a retention period of at least 15 years in any case.

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Edmund Metatawabin, a survivor of St. Anne’s residential school, has previously opposed the destruction of the documents. He also opposed the suggestion that the records would be locked away and in the hands of the government.

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“In 30 years time, who’s going to remember this issue? Who’s going to be interested in opening this file?” said Metatawabin, who also decried their destruction.

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Metatawabin said the historical records are vital for Canadians to remember the past and learn from it.

“I am one of the survivors who was abused and I say don’t hide them. The people who are trying to hide them never felt all of these abuses, never felt helpless at the hands of perpetrators and predators, never stayed in bed and hoped that nobody would touch them during the night. It was hell to be in there,” said Metatawabin.

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Those who testified in the individual hearings did so with the understanding that their testimony would remain confidential, according to Steven Cooper, partner at Ahlstrom Wright Oliver & Cooper LLP, a firm that has represented more than 2,000 survivors.

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“I can assure you that the vast majority of survivors are aghast at the notion that their records would be maintained,” said Cooper in an email. “Ninety per cent of clients don’t want to see any record of the hearing and are relieved by the thought that the records will be destroyed. Some will only give their testimony on that understanding.”

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The commission’s proposal would pass the documents to Aboriginal Affairs and Northern Development Canada to be sealed for at least 30 years and a large-scale “enhanced notice” program to inform claimants about the fate of their transcripts, applications and decisions. The notice would also give survivors the opportunity to voluntarily submit their materials to the archive in Manitoba.

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At the end of 30 years, the documents would be transferred to Library and Archives Canada where they would be subject to the federal Access to Information Act and Privacy Act.

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“A destruction order means it’s irreversible. You create an act that can’t be changed about accounts that are some of the most detailed accounts we have access to,” said Falconer. “A court should be empowered to open that vault in two generations to deal with what neither you nor I can anticipate.”

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The hearing is scheduled to continue Wednesday.

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STTPML COMMENT Personal by Jim Craven/Omahkohkiaaiipooyii

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I have served as a “Tribal Judge” on a UN-NGO-Sponsored Tribunal on Indian Residential School Atrocities, I know personally, have interviewed and helped to prepare for trials that never came, well over 200 survivors; and my own mother, a Blackfoot Indian, suffered at the hands of the Mormons; although they did not run Residential Schools as in Canada, they operated the same and committed the same vile crimes against children and others who opposed them.

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Further, some of those records I and some colleagues have seen. Here is some of the why they want them sealed:

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1) A whole lot of Canadian history and many history books, will have to be rewritten or be exposed for what they are: cover-ups of genocide and a lot of Canadian notables, after whom many buildings and monuments are named and to whom they continue to pay tribute and cover-up their crimes–not just past, but present and intended for the future.; A whole lot of monuments, building names, awards, etc will look very differently when the history books are written by new generations of scholars. The FBI is part of the “Justice” Department, and the headquarters building is named after J Edgar Hoover, a mobbed-up racist, anti-Semite, extortionist, blackmailer, hid and used as extortion weapons, more crimes than he ever had any real hand in solving. Having a building that is supposed to be about justice named after Hoover is like having a shelter for battered women named after the serial killer Ted Bundy.

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2) The stories told, by different people, from different nations, time periods and clans, who had never met each other, but were abused by the same persons, in the same ways, with the same modus operandi, all these testimonies are not just corroborative, they are a powerful and human indictments and exposures of the system and all those so proudly and smugly white folks (along with non-white collaborators and sell-outs) so proud of their “pure and delightsome” white skin they had nothing to do with, so proud of their “stock” and Anglo-American genes they also had nothing to do with, luminaries of Canadian history, psychopaths and sociopaths many of them.

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3) They show willful, calculated, premeditated and conscious genocide (no need to cover-up what is clean only what is dirty; no need to avoid going to paper if honest and truthful–only if something to hide and attempting to escape exposure and accountability; no need to take reprisals against those bringing phony charges–disprove them–only those bringing the truth); What comes out from the records I and my colleagues have seen can only be described as being as depraved and psychopathic as anything we have seen including from the Axis fascist powers.

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4) They show crimes in the present and that will continue into the future unless exposed and prosecuted with the possible bill due mounting into the billions of dollars. Many of the offenders are dead, but their inbred scions, who would be nowhere without the family name, genes and connections, now in positions of power, are very threatened. Their whole Calvinist rationale for rule (White skin, power and wealth the sign and proof of being preordained to rule in God’s grace) crumbles.

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5) The City Council of Vancouver , BC just voted to give notice that the City of Vancouver, BC is on un-ceded, non-Treaty land of several Indigenous nations. That is what the Residential School system was really all about in addition to pure racism, forced assimilation and the rest of it: to break the connections of the nations with their traditional lands and Peoples to destroy any property rights (in the colonizer’s terms) as well as the nations themselves. A a common historical land base, along with common culture and language, common institutions of governance and leadership selection, common history, common economic life, common desire to remain a People; these are the fundamental facts on the ground, plus international law (not recognition or non-recognition by other recognized nations or nation-states) that define and protect, when defined as a nation, the rights of all nations to sovereignty, not to be exterminated, and thus also self-determination, independence, right of indigenous-built social systems, freedom from outside interference in internal affairs not having external effects; and thus the genocide that built and still lives alive and well, some in the same old forms and instruments, some new forms and instruments– all open and naked as defined by Canadian law;

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6) I have seen some “visitor logs” of some Residential Schools with some of the “Great Names” of Canadian history, some of whom were famous when they made overnight “inspection visits” for one of the Churches or for the Government. Why would these notables be bothering with, let alone staying overnight, at some of these “schools” that were all in isolated places for a reason? They were serial abusers handed children to abuse as favors and gifts of bonding from the school administrators. The police knew about it and even provided security for the visits. When modern forensic techniques are applied to the content of those files (various kinds of sociometric and econometric and network analyses), all sorts of new discoveries will shake the academic world; a cloistered, privileged and self-censoring world that has stayed so safe,with safe topics, from safe paradigms, safe sources, in the safe journals, or the safe media, with safe scopes and depths of analysis and writing, they will be exposed for what they are and represent by the realities they willfully, blindly and with depraved indifference, ignored and even disputed and covered-up.

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7) Many of the children from the Indian Residential Schools both while in the schools and after they left and wound-up on the streets in urban areas, were used for medical experiments, to test vaccines (Hep B etc) as well as used in the infamous CIA MKULTRA program (1950s to 1974?) of Ewen Cameron in McGill. SearchForTheManchurianCandidate I have personally interviewed three victims of this program, taken at different times, but with the same modus operandi, with backgrounds that allowed them to be easily dismissed if they ever talked or could talk and remember; all three were urban Indians, Residential School Survivors of different schools at very different periods but all lured into the program through supposed “help agencies” for the poor. Also many of the students were sterilized under the Alberta Sterilization Act of 1928 and the B.C. “Race Hygiene” Act (that directly inspired the Nazis) mostly under ruses so they did not know until much later they had been sterilized.

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8) The Catholic Church: The CC has just gotten around to admitting some past cases, paying out over 1 billion in sealed settlements so far, and the victims admitted to are all white, middle class, very presentable on camera and very articulate and believable; they have not even admitted all the abuses of Indian children and poor white children (now only in Ireland) and for how long; these records show some of it.

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9) The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide was ratified by Canada in 1953 (Indians declared Canadian Citizens 1963) while the U.S. did not bother until 1988 to ratify it but passed a “sovereignty amendment” that vitiated the ratification (in the U.S. American Indians were declared American citizens in 1924 ratified in 1928). In both cases, treaties and conventions, when ratified by the respective governments that signed them, become part of the “Supreme Law of the Land”, but they even trump the Constitutions of the nations that signed them under “Supremacy Clauses” mandated by Canons of Treaty Construction and Contracts. Otherwise, nations could do what Canada and the U.S. routinely do and that is to take the advantages and consideration gained from a treaty or covenant, then ignore or refuse to obey the terms that are considered unfavorable (then do not sign the covenant to be selectively and conveniently kept by one party). These documents then, expose in naked, clear, irrefutable proofs, not only that Canada and the U.S. were built on genocide and theft not people of genius and certain bloodlines destined by God to rule; they indict not only the past, but all the present and future built on a rotten foundation of lies, theft, genocide and wars of the kind Nazis were hanged for at Nuremberg.

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Residential_Schools Apology Not Acceptedpdf –
http://sttpml.org/wp-content/uploads/2014/07/redskins.mp3
– Judicial Findings From the Inter-Nation Tribunal on Indian Residential Schools in Canada Copy – Indigenous Epistemology and Scientific Method pdf – IndictmentRev1 – genocide-br-en-Clavero – conspiracy theories 387 – Residential_Schools (2) – http://sttpml.org/papers-at-the-university-of-minnesota-center-for-holocaust-and-genocide-studies/ – 44_Carroll_Quigley___The_Anglo_American_Establishment – psycophaths-at-work – eprint of international ed and imper 21598282.2011 – Residential Schools The Past is Present (PDF), Radio program with James Craven on The United Church, May 2000. Transcription. – Chronicles of Ecoimperialism: Real Whales, Real People (PDF), by James Michael Craven (Blackfoot Confederacy) (Click here for HTML version). – Paper on Blackfoot Nation (PDF). – Indictment Of The Federal Governme – http://sttpml.org/legal-case-against-the-government-of-canada-for-genocide-against-indigenous-people/ – –

From Truth to Truth: The Sacred Hoop. Counter-clockwise, each imperative to the left of a process critical for it; Clockwise, each is an imperative for the process is fundamental to the next imperative.

In a real Aboriginal Court, there are no: dueling expert witnesses each saying what the paying client wants from the same set of facts; no jury consultants, judge or venue shopping; no political hacks and megalomaniacs voted for patronage-selected as judges; no lawyers only take well-paying low-hanging fruit, looking to “win”; truth and the rest of it does not matter; no formalities and any ritual and process is to serve not obstruct the search for real truth. There is no playing games and slippery use of words and constructs depending on which side of an argument. There is no theatrics allowed but deeply felt emotions are encouraged as they may also yield probative evidence.

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Without the continual and search for Truth, without fear or favor, there can be no Justice; Without Justice (for all concerned including the innocents tainted by crime of a relative) there can be no real Healing (except something like “get over it” and “we’ll go back to the same positions we did crimes in but this time learn from our “mistakes”). Without some Healing there can be no real Reconciliation (that is not just intended to avoid future litigation, discovery of crimes etc). Without Reconciliation, not some phony utterances (“Ok we are over it, now we forget and move forward and of course on our terms”) there can be no Prevention of Future Abuse. Without Prevention of Future Abuse, there can be no climate that values, respects and demands the search for Truth.

This is a small example of what this grotesque cover-up is designed to hide and where it leads to the present and some very powerful and entrenched interests:

PRIMARY SOURCE DOCUMENTS ON THE ANGLO-AMERICAN USE AND COVER-UPS OF “MEDICAL RESEARCH” OF JAPANESE AND NAZI WAR CRIMINALS

SEE and SEE and SEE and SEE

FINAL REPORT TO U.S. CONGRESS 2007 ON U.S. AND ALLIED COVER-UPS OF PROTECTION OF NAZI AND JAPANESE WAR CRIMINALS IN RETURN FOR “RESULTS” OF “MEDICAL EXPERIMENTS” TO DEVELOP CHEMCIAL, BIOLOGICAL AND ATOMIC WMDs CONDUCTED INCLUDING ON ALLIED POWs

ANGLO-AMERICAN ORIGINS OF AND INFLUENCES ON NAZI AND JAPANESE IDEOLOGIES, RACIAL THEORIES, “EUGENICS”, “MEDICAL EXPERIMENTS” AND WMDs and OTHER ATROCITIES

The origins of Nazi and Japanese fascist ideology, including “racial theories” have their origins of the imperial and colonial ideologies and racial theories of the British and American Imperiums. In fact both the Japanese and German fascist theorists, along with Hitler himself personally, acknowledged their “inspirations” to have been the historical experiences, policies and racial theories of British and American imperialism and colonialism in the above quotation from John Toland’s “Adolf Hitler Volumes I and II” and in “Hitler’s Secret Conversations” by Hugh Trevor-Roper.

From James Poole:

“He [Hitler] was very interested in the way the Indian population had rapidly declined due to epidemics and starvation when the United States government forced them to live on the reservations. He thought the American government’s forced migrations of the Indians over great distances to barren reservation land was a deliberate policy of extermination. Just how much Hitler took from the American example of the destruction of the Indian nations his hard to say; however, frightening parallels can be drawn. For some time Hitler considered deporting the Jews to a large ‘reservation’ in the Lubin area where their numbers would be reduced through starvation and disease.” (James Pool, Hitler and His Secret Partners: Contributions, Loot and Rewards, 1933-1945; Pocket Books, N.Y.op cit. p. 273-274).

and:

“Having been a devoted reader of Karl May’s (sp?) books on the American West as a youth, Hitler frequently referred to the Russians as ‘Redskins.’ He saw a parallel between his effort to conquer and colonize land in Russia with the conquest of the American West by the white man and the subjugation of Indians or Redskins. ‘I don’t see why,’ he said, ‘a German who eats a piece of bread should torment himself with the idea that the soil that produces this bread has been won by the sword. When we eat wheat from Canada, we don’t think about the despoiled Indians.’[James Pool, Hitler and His Secret Partners: Contributions, Loot and Rewards, 1933-1945; Pocket Books, N.Y. 1997 pp. 272-75]

And from some more “primary” sources in Anglo-American History:

“The depiction of Indians as wild beasts was quite common among early English and American leaders, including George Washington and Thomas Jefferson. David E. Stannard writes:

‘As is so often the case, it was New England’s religious elite who made the point more graphically than anyone. Referring to some Indians who had given offense to the colonists, the Reverend Cotton Mather wrote:

“Once you have but got the Track of those Ravenous howling Wolves, then pursue them vigourously; Turn not back till they are consumed… Beat them small as the Dust before the Wind.”

Lest this be regarded as mere rhetoric, empty of literal intent, consider that another of New England’s most esteemed religious leaders, the ReverendSolomon Stoddard, as late as 1703 formally proposed to the Massachusetts Governor that the colonists be given the financial wherewithal to purchase and train large packs of dogs “to hunt Indians as they do bears.”‘[American Holocaust: Columbus and the Conquest of the New World (New York & Oxford: Oxford University Press (1992)), p. 241]“

From Amherst College named after “Lord” Jeffrey Amherst (after whom many towns and cities were named and with statues of him in them all:

Amherst College china plates depicting mounted Englishman with sword chasing Indians on foot were in use until the 1970′s.

And from some of the earliest known forms of calculated Biological Warfare that later inspired the Nazis (from their own mouths) “Lord” Jeffrey Amherst:

“.. Captain Simeon Ecuyer had bought time by sending smallpox-infected blankets and handkerchiefs to the Indians surrounding the fort — an early example of biological warfare — which started an epidemic among them. Amherst himself had encouraged this tactic in a letter to Ecuyer. [p. 108] (Carl Waldman’s Atlas of the North American Indian [NY: Facts on File, 1985]. Waldman writes, in reference to a siege of Fort Pitt (Pittsburgh) by Chief Pontiac’s forces during the summer of 1763)

1763

“Sir Jeffrey Amherst noted for his deliberate use of smallpox-infected blankets as a weapon against Indians. Amherst and his British lieutenants were a marked change from the French commanders at the forts throughout the Old Northwest and Canada. He made no effort to build goodwill with Indian peoples. He had no respect for Indian leaders, treated them contemptuously, and frequently described them as ‘wretched people’. He put an immediate end to the traditional French practice of giving Indians ball and powder when they ran short; he also prohibited emergency provisions if game was scarce, and clothing or gifts of goodwill. Lord Amherst (for whom Amherst College is named) initiated a genocidal new policy:‘Could it not be contrived’ he wrote to one of his officers, ‘to send the smallpox among the disaffected tribes of Indians? We must on this occasion use every strategem in our power to reduce them’. Blankets were taken from the crest of the Appalachian Mountains. It delineated Indian country as west of the line; colonists lands as east of the line.” [Judith Nies “Native American History: A Chronology of a Culture’s Vast Achievements and Their Links to World Events”, Ballantine Books, N.Y., 1996, pp. 190-192]

and:

“The Seneca invaded forts in Pennsylvania. Delaware Indians attacking Fort Pitt (formerly Fort Duquesne, now Pittsburg) were presented with ‘gifts’ of blankets taken from the smallpox ward of the fort’s hospital. It started an epidemic that would rage through the Delaware villages and Shawnee towns of Ohio, decimating their populations. Still, by the end of 1763, eight out of 12 British posts had been captured and their garrisons ‘massacred’… Pontiac’s War became a major topic of debate in Britain. The English enlarged Sir Jeffrey Amherst’s powers to subdue the rebellion. (The smallpox blankets of Fort Pitt had been Lord Amherst’s inspiration).” [Judith Nies, Ibid, p. 195]

Conclusion

Bertolt Brecht summed-up the dangerous mentality of the smug elites who write checks with their mouths they pass on to others to cash with the blood and treasure of others.

Those who take the meat from the table,
teach contentment.
Those for whom the taxes are destined,
demand sacrifice.
Those who eat their fill, speak to the hungry,
of wonderful times to come.
Those who lead the country into the abyss,
call ruling too difficult,
for ordinary folk.

Bertolt Brecht

These wanted war criminals wound up as high level politicians (one a Prime Minister of Japan), at high levels of the Yakuza and other underground criminal conspiracies, as professors at prestigious universities and as “scientists” developing Anglo-American WMDs at places like Ft. Detrick. Md a notorious place for the development of biological as well as chemical weapons of mass destruction that then continued this work as well as covered-up where some of the “data” had come from and how it had been obtained.

“Medical” and “Delivery” Experiments to Develop Chemical and Biological Weapons Using Human Beings and even Whole Cities Started by Japanese and German Fascists Continued in the U.S. and Elsewhere Post-War

PLEASE SEE and SEE and SEE and SEE and SEE and SEE

“Blood Tribe” [Kainai Band of Blackfoot Nation] Members’ Worst Fears Unfolding

jimcraven — Tue, 15 Jul 2014 18:42:25 +0000

Blood Tribe members’ worst fears unfolding

BY LETTER TO THE EDITOR ON JULY 12, 2014.

I have a serious concern about all the developments that are occurring at Blood Tribe Department of Health Inc., which is situated in Standoff on the Blood Reserve.

Here we have professional trained employees attempting to continue working in an environment of bullying tactics by senior management in the administration as well as an unclear direction that BTDH Inc. is heading to without a board of directors in place.

We had board elections on March 25, 2014 and on the same day of elections, chief and council passed a band council resolution no longer supporting a Ten Year Fiscal Transfer Agreement between BTDH Inc. and Health Canada, First Nations Inuit Health. The passing of the band council resolution, I would have to say, is one of the most irresponsible actions of our elected leaders and they have continued to block the newly elected board members to begin their duties as a board of trustees. Today, over three months after the elections, the board members are still not sworn in and three council members does not form a quorum on the board.

Blood Tribe Department of Health Inc. is incorporated under the Canada Not-For-Profit Act of 1983 and therefore is subject to its conditions. Nowhere under the NFP Act does chief and council have any legal authority as per the corporate bylaws; the actions of our leaders’ interference with the election process can be termed as violating the constitutional rights of the members of the Blood Tribe. BTDH Inc. is incorporated as a membership organization.

When the formation of our health department was initially brought to the membership of the Blood Tribe, there was a complete rejection whereby the membership voiced their concern that chief and council will destroy the provision of health services, and this led to the creation of Blood Tribe Department of Health Inc., as a separate and legal entity from chief and council except that council would comprise three of the seven board members.

I was elected to two terms on council and was on the Board of Health and it saddens me when our members are totally ignored by our leadership. What we are witnessing is the worst fears of our members from 1983 beginning to unfold and our corporate integrity is quickly fading, brought about by chief and council interference.

Shorty Soop
Cardston

Your council are not the only ones ignoring you and your brethren Shorty.

The absence of anyone commenting on Native affairs in general in the media and among regular folks is an indication that native issues are off limits. A very touchy subject, within a society where the people are divided on issues facing them daily. In this Tribal councils have succeeded beyond their widest dreams – it keeps the money flowing, to the tune of billions each year, and the financier has no idea where it goes or what good it does. That kind of largess has to be unique in modern times.

I have taken an active interest in native affairs for decades, not afraid to comment, and concern myself with the long wait Native folks have had to endue in an attempt to preserve the best of their culture, and at the same time cope in a modern world. Someone needs to recognize that the apartheid that keeps them poor, uneducated, and destitute, is not the path.

John Reilly was concerned too and took on the Native “establishment” in his 2010 book “Bad Medicine – A judge’s struggle for justice in a First Nations Community” I highly recommend purchasing this book, reading it cover to cover -twice- then keeping it close by for reference when commenting on Native issues. What you will learn will alarm you, and help you understand why people like editoriast Shorty Soop, cannot shed the “bullying tactics” of an undemocratic and dictatorial tribal council.

http://lethbridgeherald.com/commentary/letters-to-the-editor/2014/07/12/blood-tribe-members-worst-fears-unfolding/

Government Must Be More Accountable to First Nations: MP Says

jimcraven — Sun, 06 Jul 2014 19:19:56 +0000

Government must be more accountable to First Nations: MP

BY SIMMONS, GARRETT ON JULY 4, 2014.

Liberal Aboriginal Affairs critic Carolyn Bennett speaks during a town hall meeting Thursday at the Sik-Ooh-Kotoki Friendship Centre. Herald photo by Ian Martens

http://lethbridgeherald.com/news/local-news/2014/07/04/government-must-be-more-accountable-to-first-nations-mp/

Garrett Simmons

lethbridge herald

gsimmons@lethbridgeherald.com

On reserves across Canada there is one word which keeps cropping up – accountability.

Members of the Blood Tribe brought up that word again and again Thursday afternoon at a town hall at the Sik-Ooh-Kotoki Friendship Centre, hosted by MP and Liberal Aboriginal Affairs critic Carolyn Bennett.

She ripped into the Conservative government for what Bennett called a refusal co-operate with First Nations peoples on treaty issues, saying there are simply too many cases going to court.

“Of all the government money spent on lawyers, over half of that is spent on aboriginal issues,” said Bennett. “It’s unconscionable that we are spending that kind of money.”

A federal government more accountable to the First Nations people it serves is necessary, she added.

“This has to be all about a new way of doing business.”

Kevin Seesequasis, from the Beardy’s and Okemasis First Nation in Saskatchewan, and co-chair of the Liberal party’s Aboriginal Peoples’ Commission, who hosted the event along with Bennett, said the federal government’s see-you-in-court attitude is to blame for many of the problems.

“That mentality has to change,” he said, adding once the government commits itself to defending treaty rights, that’s when the relationship with First Nations people will improve.

But according to many who participated in the town hall, relationships also must be repaired on the reserves themselves. Many spoke about corruption on the Blood Reserve, and what they perceived about the lack of transparency when it comes to finances and how farmland is being managed.

Bennett said there has been talk about an auditor general position being created for First Nations communities, while Seesequasis mentioned change must come from within.

“At the end of the day, it boils down to us as band councils and the types of leaders we elect,” he said, adding those on reserves need to educate themselves, and their children, about politics. “It’s important as First Nations people we accept responsibility for that as well.”

Seesequasis said that process involves voting for the right candidates.

“In First Nations politics we see a lot of, ‘That’s my uncle, that’s my cousin, and I’m going to vote for them,’ and we see the results of that,” he said, mentioning voting intelligently for candidates with integrity is crucial. “Just because your relatives are running, it doesn’t mean they’re suited for the job.”

For that system to work, Bennett said those on reserves need to take an active role in politics.

“Great people need to run in these elections and then we need great people to vote them in or vote them out.”

In terms of financial matters on the reserve, Seesequasis said members can request audits from Aboriginal Affairs, or file an access-to-information request, which band councils are required by law to provide.

Bennett was meeting later Thursday with Blood Tribe councillor Franklyn White Quills for a tour, and said she would raise concerns voiced at the town hall to the elected official. She also pledged to take up the tribe’s governance issues with Assembly of First Nations regional chief Jody Wilson-Raybould, which included concerns addressed at the town hall about the behaviour of some of its leaders and a petition circulating to oust the current chief and council.

“Obviously, the issues of governance and democracy is very complex, and I am very keen to pursue this with Jody. It’s important for me to take what I’ve heard and make sure they know they’ve been heard,” she said, and added it will take time to make the necessary changes to the system. “None of us have a magic wand, and we can’t fix this overnight.”

Is Blood Band Not covered by Charter?

jimcraven — Fri, 20 Jun 2014 06:40:57 +0000

One Traditional Indigenous Definition/Model of Sustainable Development that recognizes and respects the Real Sources and Foundations of All of Creation. In many ways, Traditional Indigenous societies two hundred years ago were 200 years ahead of the present in terms of awareness of totalities and intricate webs of life forms and all that they are an integral and interdependent part of.

Is Blood Band not covered by Charter?

BY LETTER TO THE EDITOR ON JUNE 19, 2014.

Never in the history of the Blood Tribe have we ever experienced such aggressive and hostile governance towards empowerment and self-determination. With the recent developments on the Blood Indian Reserve #148, totalitarianism and fascism have set in; we now have an autocratic regime that believe in annihilation of treaty, aboriginal and indigenous rights.

What we are seeing are forms of governance initiated by Hitler, Stalin, Saddam Hussein, Idi Amin and more.

This chief and council has no comprehension of “peace, order and good governance” entrenched in the Canada Act of 1982. Recently, a tribal member was persecuted for believing and practising his rights to farming entrenched in Treaty No. 7.

Prior to Canada becoming a dominion, the Blood Band entered into the Lame Bull Treaty with the U.S. in 1855. The Blood Band already was a sovereign nation; Canada did not exist.

The proceedings ignored and deliberately refused to reference provisions of the Charter of Rights, Sections 7 to 11. Section 15 specifically refers to “equality rights.”

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The Charter of Rights at this courthouse has ruled that the Charter does not cover members of the Blood Band; let alone s. 35, which reads: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.”

Was Mr. Fox supposed to receive justice when the band authorities can pick their own apparent “hired gun,” to appear before a person with real conflicts of interest – even beyond the appearance of conflict of interest? How can there be “Rule of Law” without basic due process and equal protections/responsibilities of law applied without fear or favour to all? Why do all valid constitutions have “supremacy clauses” that incorporate ratified and valid treaties into the corpus of – and indeed trump when in conflict with – the constitutions of the nations that signed them? (Reason: otherwise nations could sign treaties and gain advantages from them, but then only keep to the terms they favour under the banner of “sovereignty” as the U.S. and Canada often do).

Keith Chiefmoon

Standoff

1935 Nazi Nuremberg Race Laws and Classifications. From Nazis own mouths and writings directly inspired by the Anglo-American-German Eugenics movement,, the British Columbia 1933 Race Hygiene Law, the Alberta 1928 Sterilization Act and the sterilization laws of 27 of the U.S. states defining Indians as “feeble-minded per se”.

U.S. states with sterilization laws that inspired the Nazis

Federal Judge Quashes Decision by ‘Blood’ Tribe Band Council

jimcraven — Tue, 11 Mar 2014 16:27:51 +0000

Judge Quashes Decision By Blood Tribe Band Council

LETHBRIDGE: A decision by the Blood Tribe Band Council has been quashed by a federal judge.

Back in December they decided not to renew permits to allow Joachim Hengerer to continue farming reserve lands, which he’s farmed for registered occupants since 1981. That’s despite a contract with those occupants that the permits would be allowed until March of 2016.

The council gave seven reasons for their decision, claiming that he disregarded several directions from the Band and made racist comments (See below). You can read their full list of concerns by using the link at the bottom of this story.

The land occupants and Hengerer raised concerns that they were never able to address any of those issues, as the Band Council without consulting those who would be impacted.

Judge James Russell explained that if the Band still wants to terminate its agreement with Hengerer before March 31st, 2016, they must first notify Hengerer in writing of their intentions and provide their reasons. He added that Band Council must also hold meetings with all Band members affected at which Hengerer will be given a chance to address their concerns and produce his own evidence if he wants to.

Below are the allegations against Hengerer as written by Judge James Russell, followed by arguments from Hengerer’s supporters:

Allegations

(a) disregarded directions from the Band’s Land Management Department regarding the planting of winter wheat;

(b) disregarded survey markers;

(c) failed to report “Buck Shea” arrangements to Land Management;

(d) failed to submit a crop report to Land Management for 2013;

(e) failed to maintain fences in 2013;

(f) not remitted payment of crop rental fees for the invoice amounts in 2013;

(g) made racists remarks against Band members.

Response

[20] The Applicants say that the Decision is reviewable by the Court because Council acted as a federal board, commission or other tribunal as defined by the Federal Courts Act and the governing jurisprudence.

[21] Hengerer denies any of the alleged infractions and says that Council entered into agreements with registered Occupants (Agreements or MOUs) that provided that Council would cause Permits to be issued to Hengerer to allow Hengerer to farm approximately 56,000 acres of Reserve Lands from March 31, 2013 to March 31, 2016. Council’s failure to renew Permits for Hengerer, or to cause the Permits to be renewed, is a breach of legally binding contracts between the Band and Occupants.

[22] The Applicants say that the breach of contractual obligations by Council occurred in a manner that, given the whole context and representations made by Counsels, resulted in a breach of procedural fairness to the Applicants and which obviated their legitimate expectations.

[23] The Applicants say that the appropriate relief in this case is to quash the Decision and for the Court to direct that Band Council fulfill its obligations under the Agreements. Specifically, the Band Council should be directed to cause Permits to be issued to Hengerer and Hengerer Farms until March 31, 2016, with respect to the lands described in Exhibit “A” to the February 5, 2014 Hengerer Affidavit. Alternatively, they say the Court should direct the Decision to be reconsidered by an independent panel (an arbitration panel appointed pursuant to the Dispute Resolution Policy attached as Exhibit “A” to Elliot Fox’s February 2014 Affidavit is one possible option) or the Chief and Council excluding the Land Management Committee members, who they say are biased.

“Blood” Tribe Farming Dispute Lands in Federal Court

jimcraven — Sun, 16 Feb 2014 15:37:12 +0000

http://www.cbc.ca/news/canada/calgary/blood-tribe-farming-dispute-lands-in-federal-court-1.2537515

Blood Tribe farming dispute lands in Federal Court

CBC News Posted: Feb 14, 2014 11:29 AM MT Last Updated: Feb 14, 2014 11:29 AM MT

Checking out Alberta’s 1st public library on a reserve

A dispute over farming rights on the Blood Tribe reserve in southern Alberta is pitting the band chief and council against one of the area’s biggest and most successful farmers.

For nearly 50 years Keith Chiefmoon has permitted Yak Hengerer to farm his family’s land for a yearly fee.

Hengerer has similar arrangements with hundreds of other Blood Tribe members, farming about 23,000 hectares.

Chiefmoon, and many other elders, want these relationships to continue.

But the reserve’s chief and band council do not and the dispute ended up in the Federal Court in Calgary on Thursday.

“He has helped us quite a bit. He’s helped the community. I go back some 40 years with him, we became family acquaintances years ago. And there’s really no reason for him to be terminated,” said Chiefmoon.

Hengerer is asking the court to rule he has the legal right to continue farming, having signed agreements that don’t expire until March 2016.

The band council wants to bring in new farmers but Chiefmoon says no one seems to know why.

“We keep asking the chief. We keep asking the council members. They are refusing to answer that question. We don’t know,” he said.

No one from the band council agreed to speak with CBC News.

A federal court judge adjourned the matter until March.

http://lethbridgeherald.com/commentary/letters-to-the-editor/2014/02/circus-comes-to-kainai-high-school/

February 18, 2014.

Circus comes to Kainai High School

Wow what a day it must have been, we had clowns coming from the four directions. Some were dressed up in Kainai traditional attire, some came to see the buffoonery and the chicanery, while others thought maybe some candy apples, or cotton candy would be served.

What an embarrassment! The main clown (Harper) had a captive audience and nobody caught on to his act. He announces more monies would be handed over to support language and cultural retention and support. When he said that, he immediately receives not quite a standing ovation, but a big round of applause.

Wow, this is too good to be true, yep, all first nations are going to receive billions of dollars. Yep billions of dollars. Wow.

This is too good to be true, how can he be so generous, and of all places right in the heart of our academic community, right in the Kainai High School, the very same school Paul Martin was just a few weeks ago.

There is of course a catch to all this, these mega bucks don’t kick in until 2015 and the language and cultural cash comes into effect 2016 É A federal election occurs in 2015, he’s already campaigning, didn’t anyone catch this … Wow!

Atleo, Chief Charly, grand stand of course, endorsing the announcement, stating that this is a historic day, but didn’t anybody tell them that they don’t kick in until 2015, and the language and cultural support in 2016.

Harper hoodwinked the Reserve again, and to add salt to injury, he does it at an academic center, where we are supposed to have academics there, wow, what a joke. Nobody questioned it, we even had tribal members kicked out for trying to speak out.

What a sad day. Again, promises, promises, promises, white man with fork tongue catches Kainai asleep again.

Keith Chiefmoon

Standoff, Alberta