Saturday, March 14, 2009
PROVINCE ORDERED TO JOIN IN COURT ACTION:Brantford, Six Nations INJUNCTION HEARING Posted By SUSAN GAMBLE, EXPOSITOR STAFF Posted 6 hours ago Justice Harrison Arrell ordered the province to join the court action that's part of Brantford's ongoing push for an injunction against native protesters. Lawyers for all others involved in the motion consented to the judge's order Friday. When lawyers for Ontario show up March 17, the judge plans to hear from everyone about how the province's involvement will play out. "Provincial participation will be determined after hearing submissions from all parties," Arrell said. He has already warned the city and Six Nations that his inclination is to order a court mandated consultation process that will force the parties to negotiate a settlement with one another. The city has been pushing for a long-term injunction against native protesters at development sites in Brantford, and have filed a $110-million court action against some of the protesters and the Haudenosaunee Development Institute. Brant MPP Dave Levac said the province will be fine with the judge's order. "We're ready to enter into negotiations at the level the judge is talking about," Levac said Friday. "We're already talking about a memorandum of understanding so I don't see why we wouldn't be a willing participant." Earlier this week, Levac opposed a private member's bill from MPP Toby Barrett, pushing for an inquiry into protests in Caledonia. Levac called the bill ill-advised and said it's premature to insinuate an injunction is an appropriate way to deal with protesters at this time. On Thursday, the judge and the lawyers involved pondered how a mandated consultation could proceed. They made suggestions about how long it might go on, how often they'll return to the court for guidance, who will pay if a negotiator is needed and what kind of provision will be included for emergency flare-ups. Arrell said he's likely going to have consultations include some future development and is unlikely to freeze development until a decision is reached on the injunction. "For you to tell me 'no permits' until I reach my decision is not feasible," Arrell told Lou Strezos, the lawyer for the Haudenosaunee Development Institute. "What I'm trying to do now is simply strike a balance. "You talk, Mr. Strezos, about a lot of good faith. I'm going to order (your clients) to consult and I'm going to order you people to try and settle this and if you don't settle it, you come back to court." The hearing continues Tuesday at 11:30 a. m. in Superior Court. More updates here ...
Thursday, March 05, 2009
B.C. moves to recognize First Nations rights The Canadian Press March 5, 2009 at 3:44 PM EST VICTORIA — The B.C. government is ready to introduce and pass legislation this spring that will fundamentally change the legal rights and status of First Nations in British Columbia. Aboriginal Relations Minister Mike de Jong told a gathering of native leaders that they will no longer have to turn to the courts to prove title over their lands. The proposed legislation would recognize aboriginal rights and title and would outline the terms for making decisions over lands and resources. The province's decades-long treaty-making process has resulted in few settlements. Unlike other provinces, B.C. never signed treaties with aboriginal bands and the province is now subject to hundreds of outstanding native land claims, which led to conflict and lawsuits over land use. The B.C. government, which faces a provincial election in May, says it has a strong aboriginal agenda for a third term in office.
Wednesday, March 04, 2009
Kanonhstaton: Dignity and Struggle Example of Dignity & Struggle: The 3rd Anniversary of Kanonhstaton From Arauco to Caledonia, Only Struggle Will Set Us Free! February 28, 2009 Today marks the third anniversary of the Reclamation of Kanonhstaton, "the Protected Place," in Caledonia, where a group of brave women and men decided to retake the struggle into their own hands, from centuries of shame, repression, humiliation, and insult. The action taken by the indigenous community of the Six Nations Grand River Territory (an hour and a half east of Toronto), was the only alternative to stop the construction of a massive residential complex, "The Douglas Creek Estates," set to be constructed by the edge of the reserve; a clear encroachment on indigenous territory. On that February 28, 2006, the cold air penetrated through to the bones... The cold; so profound and dense that is the "Canadian" winter. However, it was not an obstacle. The land and sky burned in Kanonhstaton, the heat of struggle expressed through the sacred fire, and life would begin to take its course to reclaim history their hands…. In those dark hands…Worn by time in the long wait…. Almost two months later, those actions would become more decisive; through an attempt of removal by police officials, the barricades were brought up. April 20th, 2006 was left written in the history of Six Nations, where the community stood up to repression and defended the Reclamation with their morale as their only weapon; site which has been maintained to this day. The Haudenosaunee, better known as the [Iroquois] Six Nations (composed of the Mohawk, Oneida, Onondaga, Cayuga, Seneca and Tuscarora nations) determined their own destiny on that day. Indigenous nations from what is known today as Upper State New York, in the United States, and southern Quebec and Ontario in Canada. Having had to deal with the empires of the world, they have been able to maintain their identity (with superhuman effort) of what it means to be a Nation. The treaties between the traditional Iroquois Confederacy and the English Crown (1677), were treaties that were made on a Nation to Nation basis. However once created, the Canadian State as all the other states in America, slowly begin to negate the treaties, further encroaching on lands, which is where the long road of resistance begins for our peoples. Yes, it is in this country [Canada], so hypocritically correct, where the Queen of England is still our Head of State, and where the worst atrocities have been committed against indigenous Nations. We will never forget, the pillaging of ancient communities, reducing them to simple apartheid-like reserves, separating them from the immigrating colonies, through contagious illnesses imported from Europe such as measles and alcoholism. We will never forget, the kidnapping of indigenous children, taking them from their parents, in order to put them into religious schools with the purpose of stripping their identity, to suffer ill-treatment, physical and sexual abuse on behalf of Catholic and Protestant Church. Creating inter-generational problems, such as abuse and suicide, the latter which is a staggering three times higher than the national average. We will never forget the 1924 Coup d'état to the Iroquois Confederacy, legitimate ancient government of Six Nations, which was interrupted by RCMP personnel at gunpoint, to impose the control system that is the Band Council, responding to the interests of the State. Robbing them of their spiritual instruments and garments to latter be given to museums as mere cultural artefacts....Etc... Etc... Yes, these things have been done to our indigenous nations, in this immensely politically correct country, and much more; but identity has to make its worth and its dignity is reflected in its people. Despite the genocide, they were never overcome or assimilated... That is the existing importance in this part of the continent. Identity and Nation. They are an indissoluble part of a same body, which does not negotiate its sovereignty... Their constitution [Six Nations] is the Great law of peace that allows their unity as a people. This marks a clear position unto the Canadian State; a relation on a nation to nation basis with their traditional government, the Iroquois Confederacy Council, and is made to be respected by their territorial struggle. We have the living example of Kanonhstaton in "Caledonia", which went beyond borders, and is a national and international reference point in the struggle for dignity. This could be taken as an example for the indigenous nations of our America, especially those in the south where the concept of "integration" is incredibly emphasized (by states and "progressives" of the governments in turn). Integration that is nothing less than to be an appendix of the state, its institutions, and political parties (of any colour). Such offerings do not respect or allow the true essence of indigenous sovereignty, which is to be territorially, culturally and ideologically sovereign. We, on this third anniversary, would like to express our most profound admiration and affection to Six Nations; their people and their struggle. Brave men and women that have not only been loyal to their people and their ideals, but also have had the great heart to surpass borders, giving their energy to other brothers that suffer there ... Beyond the Andes... Their admiration to the ancient struggle of our Mapuche Nation, has touched us deeply. We want help carry this message to our people as a symbol of unity and strength, the great energy of our peoples here in the north that have been able to resist, once and a thousand times unto adversity, greed, and the breakdown that imperial colonialism has tried to set in their communities. May the sacred fire, which gives the energy to maintain the struggle, reach your hearts. THEY DID NOT OVERCOME US YESTERDAY, LET US NOT LET THEM OVERCOME US TODAY WITH LEMUN & CATRILEO WE WILL OVERCOME MARRICHIWEU!!!!!!!!!!!! Chile: No Bicentenary on Stolen Native Land!! The Women's Coordinating Committee Chile-Canada Email: firstname.lastname@example.org