Letter To A Liberal MLA

Posted on Thursday, September 01 at 09:17 by Arthur

WITHOUT PREJUDICE

Dear Sirs and Mesdames-et al,

I have read comments quoted in the August 17, 2005 Terrace Standard News and hereby respond to those misleading remarks.

As I understand it, A LIBERAL MLA, and we all know what scandals the Liberals are known for, is purportedly pushing for legal action to end a certain blockade preventing resource companies from exploring, or shall we say exploiting, the coal and coalbed methane potential of the Klappan area northeast of here.

As a former police officer and now Liberal MLA, this MLA’s intimate knowledge of the notoriously corrupt Canadian domestic legal system, blockades, Indigenous peoples and the “Aboriginal-First Nation-Agenda”, no doubt affords him understanding of “Human Rights” i.e. “profit rights vs. human rights”. This, in my view, is clearly the case with respect to Indigenous peoples protecting their sacred allodial (Root) titled lands and resources vs Crown and resource companies exploring-exploiting the coal and coalbed methane potential of the Klappan area northeast of here.

The issue of Indigenous peoples protecting their sacred Allodial (Root) Titled Lands and Resources, Rights and Freedoms, Spiritual beliefs, is not a trivial matter as one MLA seemingly attempts to shrug off as nothing more than “Renegades” blockading progress.

BACKGROUND:

The earliest settlers in Canada mostly were situated in Eastern North America on, or near the St. Lawrence River, and Newfoundland. By 1763, the fight over the new world was over, and Britain won the right to settle Canada and the U.S. The Monarchy of England issued the Royal Proclamation of 1763 that recognized the sovereignty of the Aboriginal people in North America, and in it, they state that the only legal way to get land for themselves was by treaties. They created a number of treaties (11) afterward; using numbers to identify them, and in BC created the Douglas treaty on Vancouver Island, and Treaty 8 in the Peace River area. Although the governments went through the exercise of creating the treaties, they very seldom honoured them.

MODERN DAY AGREEMENTS:

A International lawyer and former Department of Justice in house legal counsel for Revenue Canada, Taxation, Customs and Excise, and the Department of Indian Affairs Canada, states In her legal opinion regarding the BC Treaty process dated February 1, 1996 titled, “BC Treaty Process-“Trick or Treaty?”;

- “Her Majesty (the Crown) has a duty to conclude treaties with those Aboriginal peoples with whom She has not treated. Her Majesty entered into the ‘Numbered Treaties’ in parts of ‘Canada’, which recognized, respected and preserved the inherent rights of the tribes/nations of Aboriginal peoples who are parties to those treaties. These ‘Numbered Treaties’ are treaties as defined by the international understanding of the term “Treaty” and have the protection of International Law as it may exist or be established while these ‘Numbered Treaties’ are in effect. The 1969 Vienna Convention on the Law of Treaties, in effect in 1980, is of particular importance.”

She goes on to say,

- “Aboriginal rights not surrendered nor abandoned also have the protection of international law as it may exist or be established.” Currently for example, the international community is working on finalizing the Declaration on the Rights of Indigenous Peoples. Canada continues to raise objections to the current draft, particularly opposing the use of the term, “Aboriginal Peoples” and lobbying for the term “Aboriginal People”, which action buys time for Canada to implement its “Aboriginal Agenda” prior to the Declaration taking effect.”

- “…Her Majesty has a duty to live up to the ‘Numbered Treaties’ She has made and is under the duty to deal with Aboriginal Peoples in a region (Canada) in a consistent and fair manner. This means that She is under a continuing duty to negotiate treaties of the same nature and legal effect She has negotiated in the past i.e. She must negotiate treaties legally consistent with those She has already negotiated.”

The “Aboriginal Agenda” that the government of Canada has adopted has two main purposes;

1) it must replace both existing Aboriginal rights, and existing treaty rights, and 2) it must insulate or hide the actions of the Canadian government from the eyes of the rest of the world.

In essence, because the Crown, or the Royal Sovereign of England, agreed that settlement in Canada will take place in a legal and civilized manner from the very beginning, they have created a pattern of law and action that is accepted by the rest of the world. On top of that, the process that they entered into at that time is still considered legal behavior by the world’s legal communities. The international community that is referred to are a group of nations working together to protect Aboriginal, or original people of all lands against illegal activity. Crown and third party resource companies exploring and/or exploiting the coal and coalbed methane potential of the Klappan area northeast of here without the lawful informed consent and/or agreement of the original (Aboriginal) inhabitant owners of those unceded, untreated, indigenous lands, would certainly fit that bill.

Canada is trying to change wording in that agreement so that Aboriginal people will be left out of the process, and they (Crown-Canada) will not have to answer to the world for their terrible treatment of Indigenous people in the land called Canada. Canada (Crown) has made it clear that she (Her Majesty the Queen) does not wish to treat the Aboriginal people in a fair and equitable manner and are trying to get out of their obligations by setting up a fraudulent process called the “BC Treaty Process”. Canada clearly demonstrates a dishonorable attitude with the intent of extinguishing Aboriginal people and their sacred allodial (Root Title) title, ownership and jurisdiction, spiritual beliefs.

- “The “Aboriginal Agenda” is thus the extinguishment of existing aboriginal rights and existing treaty rights, and the replacement of those rights, having international meaning and protection, with strictly local domestic rights, having no international meaning nor protection, and categorized as land claims agreements”

Aboriginal people have the fundamental human right to fair treatment, and to not allow the governments of Canada, MLA’s and third party resource companies to wipe out (extinguish) or exploit their fundamental human rights and freedoms, their Spiritual beliefs.

THE RIGHT TO CREATE TREATY:

Professor Peter W. Hogg of Osgoode Hall Law School, York University, is the leading constitutional law scholar in Canada. He describes a ‘Treaty’ as “…an agreement entered into between states which is binding in International Law.”

On page 6 of her Legal Opinion (Trick or Treaty), she further defines the right to create treaties saying;

- “Remember that “In Canada the making of treaties is one element of the foreign affairs power which in British constitutional custom is a prerogative power remaining with the sovereign. The exercise of the prerogative powers for Canada has been delegated by the sovereign to the Governor General in Letters Patent, the most recent being dated 1947. It follows that the Canadian Parliament has no legal or necessary role in making of treaties.”

So, if we are to understand this correctly, Canada agreed to allow “the Queen as the sovereign” to be the only “legal entity” to conclude treaties. Then, it also means that what Aboriginal people are involved in through the “BC Treaty” process is NOT TREATY MAKING, because the parliaments of Canada and the province of BC do not have the power to do so. They do have the power to create Contractual Agreements though.

FIRST NATIONS DOMESTIC ETHNIC MINORITY RIGHTS AND FREEDOMS vs INTERNATIONAL RECOGNIZED, PROTECTED & UNDERSTOOD INDIGINOUS RIGHTS & FREEDOMS:

Under the BC Treaty (Trick) process, Aboriginal people are asked and/or tricked into entering into negotiations called Modern Day Treaties, but under international law these are not treaties at all, but rather Land Claim Agreements. These Agreements are simply settlement agreements between two parties who agree not to go to court. They are under the control of domestic or home government jurisdiction only, and are not recognized or protected by International Law.

Aboriginal people may receive certain extinguishable rights in the “First Nation” agreements from local (domestic) government authority, but they are not internationally protected “Treaty Rights as you would get from the Numbered Treaties that the British Monarchy agreed to, and they are not recognized or protected under international law, and furthermore, they are not protected under section 35 of Canada’s constitution. Her Majesties Government of Canada and British Columbia can extinguish “First Nation” domestic ethnic minority “Rights and Freedoms” in order to further a legislative objective but cannot lawfully extinguish “Indigenous-Rights and Freedoms” that are protected under International law.

Section 35 of the Constitution Act, 1982

Section 35 of the Constitution Act, 1982 relates to the rights of Aboriginal Peoples of Canada. It states:

35.

(1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

(2) In this Act, "aboriginal peoples of Canada" includes Indian, Inuit and Metis peoples of Canada.

(3) For greater certainty, in subsection (1), "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired.

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

35.1 The government of Canada and the provincial governments are committed to the principle that, before any amendment is made to Class 24 of section 91 of the "Constitution Act, 1867", to section 25 of this Act or to this Part,

(a) a constitutional conference that includes in its agenda an item relating to the proposed amendment, composed of the Prime Minister of Canada and the first ministers of the provinces, will be convened by the Prime Minister of Canada; and

(b) the Prime Minister of Canada will invite representatives of the aboriginal peoples of Canada to participate in discussions on that item.

The present course of action that many “First Nation” de facto “Crown Agents” leaders are pursuing, purportedly on behalf of their claimed Indigenous people, often without their informed consent or authority, is to trade “True Treaties” for a “Partnership Land Claim Agreement” that can be cancelled at any time by either party, leaving those Aboriginal people (Man, woman and child) without legal protection from their exploitation and extinguishment, namely Canada’s “Indigenous Genocide - The systematic killing of Indigenous people”.

Using the domestic Canadian legal system, the courts, Indigenous peoples will be systematically exterminated in Canada forever, ethnic and spiritual cleansing disguised as “Modern Day Treaties”, all under the nose and at the expense of Indigenous peoples and the Canadian public. The myth of judicial independence in Canada has long since been broken and it is a well documented fact that Judges, who are in essence Her Majesties gate keepers of society, often, sit in conflict and are corrupt. The independence of the Judiciary is nothing more than a well protected myth, protected by the legal profession mafia, including MP’s, that profit from the conflict and control of the citizenry and its tax dollars through the courts, lawyers and law firms. These use bad case law precedents and influence to politically engineer society at will, manipulation of tax dollars to the benefit of those who partake and protect the syndicate and its well protected myth. Then the question arises whether the unaccountable Indian question is the unaccountable rout and/or excuse in which to launder money through off book partnership (P3’s), blind Trusts, off-shore interests?

- “The government uses these law-breaking judges as a "front" to do what would otherwise be unpopular if it was out in the open and done by the government itself - it hides behind its own judge appointees who have been put there to extinguish land claims in a slow step-by-step process. If all judgments relating to Indian people with the signature of Justice McLachlin, Justice Ian Binnie, and Justice McEachern had to be erased and the money spent in defending their land claims had to be returned to the aboriginal people, then the public perception of the courts would change. Indian people have sued with the expectation that judges would be independent and impartial and would not be sitting in conflict but that is not happening - they are following a hidden agenda.”

Under International Law, the term ‘Aboriginal’ means “the original native inhabitants of the lands in question”.International law does not recognize the (trick) term “First Nations”, therefore any First Nation agreement(s), or Aboriginal people(s) that uses and/or consent to the term “First Nation(s)” will not be valid or have protection in the domestic Canadian courts.

Canada has been using the trick term “First Nations” in connection to their “Modern Day Land Claim Agreement” process that the “BC Treaty Commission-Process” and the Aboriginal Negotiators are engaged in. By using the (trick) term First Nations, Canada clearly wishes to abandon the historical legal connection and obligation to the past and create something new that has no protection domestically and internationally.

- “[First Nations] does not respect the Aboriginal peoples, it replaces and extinguishes them.”

Indigenous people and the public at large were lied to by the governments and led to believe that the BC treaty process was and is legitimate WHEN IT IS NOT.

KLAPPAN COAL & COALBED METHANE:

Liberal MLA quoted as saying the following, below for your convenience;

- “the blockade by Tahltan who oppose the direction their leadership is taking on resource development could very well contravene sections of the criminal code.”

It would be interesting to hear what and who this MLA’s version of Aboriginal leadership is, and by what pseudo-authority he and his de facto friends had in mind? I suspect it would be in accordance with their pseudo – Crown - authority, under the Indian, Corporation and Society Act?

Liberal MLA quoted as saying the following;

- “I think it’s time the province take a close look at what a couple of renegades are doing there,"

- “As I read it, Section 423 of the code on intimidation, says it’s an offence for someone to compel a person from doing what they have a lawful right to do,”

Well put Mr. MLA, Aboriginal people, in the absence of a treaty, protecting their sacred allodial (Root) Titled Lands and Resources, Spiritual Rights and Freedoms have the fundamental rights to protection from you and your pseudo authoritarian friends intimidating, harassing and terrorizing them with Canada’s typical psycho-political tactics. You quoted Sec 423 of the Criminal code of Canada as an attempt to falsely marginalize and show indigenous peoples, protecting their sacred Spiritual human rights and freedoms, in a public criminal light but failed to also quote Section 2(a) and (b) of the Charter of Rights and Freedoms: "Everyone has the following fundamental freedoms;

- (a) freedom of conscience and religion;

- (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

The existence of “Indigenous peoples” is based on sacred spiritual beliefs through the Creator, which are all essentially and intimately tied to and through their sacred lands-resources, laws, culture, rights-freedoms, sovereignty, their “Breath of Life”, they are all the evidence of those spiritual beliefs. It is the Creators given rights and freedoms to Indigenous human beings to stop the encroachment, erosion and extinguishment of the Creators sacred and sovereign Indigenous people, to stop the “Systematic Killing” of their essential and fundamental spiritual beliefs, rights and freedoms, the “Breath of Life”, in which they are connected through the Creator and His great and sacred Creation, his sacred “circle of life”. The individual Indigenous rights and freedoms to life, “The Breath of life” interests of every single Indigenous person, man, woman and child, including the next generation, by the Grace of the Creator, must be respected and protected from extinguishment and genocide as Her Majesty, Her Courts, Her Governments and Agents would have it.

Perhaps its time the public, international public, took a close look at what MLA’s and their pseudo authority-Crown-buddies have been doing over the years with respect to fundamental human rights, Judicial and Governmental corruption, Genocide, Aid in complicity of Genocide, off-book partnerships (P3’s), Financial interests?

MLA is quoted as saying;

- “Ontario-based Fortune Minerals and Shell Canada both have permits from the province for the former to explore the Klappan for its anthracite coal mining potential and for the latter to determine if there are commercially-viable amounts of coalbed methane natural gas. Both have work plans for this year but both have had those plans halted or abbreviated because of the blockade set up just off of Hwy37 north of Tatogga Lake.”

Mr. MLA, by law you and your government require the permission from Indigenous people themselves before you can lawfully touch one acre of their aboriginal lands in question. How then do you and your government and/or Crown Indian Act agencies suppose you have authority to authorize or permit resource companies exploration rights, rights of any kind that contravene fundamental Indigenous human rights and freedoms protected by law, on sacred unceded and/or untreated Indigenous lands, lands still owned by those Indigenous peoples? You know, or at the very least now know, you and your government clearly DO NOT have that authority. Why then would you attempt to perpetrate a pseudo authority ruse and influence the public in a untruthful manner? Influence ($$$) would certainly explain your unethical conduct because quite frankly it is a well documented fact that there is no honour in the Crown.

- “Using the Law to Break the Law”

MLA further quoted as saying;

- “These people don’t have the support of the duly elected Tahltan leadership and the leadership doesn’t condone this action,”

Mr. MLA, how do you suppose sovereign indigenous peoples, in the absence of a treaty, who’s legal “rights and freedoms” having international meaning and protection would require the support or consent of domestic federal Crown “Indian-Society-Corporate Act”officials, elected or otherwise, to protect their fundamental human rights and freedoms from being exploited and extinguished by domestic “First Nation” ethnic minority means, imperfect means? The "elected" band system is dependent on government funding and is just another arm of government funded by the Crown - therefore it cannot legitimately be left in charge of land claims negotiations [government puppets can't legitimately negotiate land claims with itself]. The only legitimate bodies which can legitimately negotiate land claims are those organized under the hereditary Chiefs/Elders sacred and ancient power and authority.

MLA further quoted as saying;

- ”Fortune and Shell have been given permits and permission to work in the Klappan by the province and have arrangements with the elected Tahltan leadership to do so.”

- “Just because people don’t support what we’re doing as a government doesn’t mean they can do this. It’s something we’re going to have to take a stand on eventually,”

Incidentally, the purported authority, pseudo authority, of "First Nation” federal government agent Band Councils and their respective corporate-society entities" within the Indigenous Nations are limited to that given to them by the Indian, Society-Corporation Act: administration of reserves and related matters under the Indian, Society-Corporation Act. They have no authority over Sacred Indigenous Nation lands-resources, rights-freedoms, laws, spiritual-religious beliefs and rights beyond that clearly, unequivocally and specifically given to them by which of course are revocable at any time.It therefore follows that the ethnic minority "First Nation-Band Council's and their respective corporations-societies (Treaty Societies), Crown entities, would have no authority under the Indian, Corporate-Society Act, or any Crown entities, to be the ones to be "consulted and accommodated', negotiate and/or authorize lands and resource developments-extractions-infringements of any kind within or outside “Indian Act” reserves.

MLA further quoted as saying;

- “How does that encourage respect for the law, and how does that protect citizens and communities from crime? To me, a roadblock is a crime,”

Mr. MLA, if you’re going to represent your constituency at least provide them the whole picture, and at the very least tell them the truth, not a totalitarian puppet, bought and paid for, view of justice. How are you encouraging respect for the law when you are so blatantly using the law to misleading the public? Perhaps you and the old boys club had better read the writing on the wall? You need the informed consent and agreement of the aboriginal peoples themselves before you can touch one acre of Indigenous root titled lands and resources. That is the law you have failed to tell the public in accordance with the diligent exercise of your duty.

I’m sure the public might also be very interested in knowing what amounts to the following;

a) Genocide

b) Aid in Complicity of Genocide

c) Ethnic Cleansing

d) Spiritual Cleansing

e) Extinguishments

f) Extinguishment of domestic constitutional and international protected fundamental human “Rights and Freedoms”

g) Extinguishment of domestic constitutional and international protected fundamental Spiritual-Religious” beliefs, rights and freedoms

h) Extinguishment of their domestic constitutional and international protected fundamental human “Right to Life”

What effects those unlawful and totalitarian encroachments you propose will have on their many other spiritual-religious rights and freedoms, races, colors and creeds within the land called Canada.

I wonder if the taxpayers and/or religious peoples in the land called British Columbia and Canada are aware that any attack on aboriginal spiritual beliefs, rights and/or freedoms by the provincial-federal governments, which are clearly protected under the “Canadian Charter of Rights and Freedoms”, is also an attack on anyone else, regardless of their race, color or creed, who not only has a spiritual belief, right or freedom but practices their beliefs, rights and freedoms as well? Would the public taxpayers really support you Mr. MLA if they knew that ultimately you were supporting this type of agenda?

I wonder if the taxpayers and/or religious peoples in the land called British Columbia and Canada would support and/or fund a government in the creating and signing agreements with aboriginal people if they knew that essentially those “First Nation” agreements ultimately cause aboriginal people to deny their Creator. Under the terms of “First Nation” agreements aboriginal people must concede that everything they believe in that comes from their Creator, both spiritually and physically, comes instead from Her Majesty the Queen, not the Creator.

To any sincere, rational and moral human being with spiritual and/or religious beliefs, rights and freedoms that clearly amounts to the ultimate infringement and sacrilegious betrayal, denial of ones faith, self and origin, ones own breath of life and belief in their Creator. It is a denial of the very existence of the Creator, His sacred and Holy creation in exchange for consideration ($$$) with the final goal being to get and/or trick aboriginal people into surrendering and/or abandoning their sacred spiritual beliefs, rights and freedoms and thus their allodial (Root) title, ownership and jurisdiction to their lands and resources in exchange for some $$$ consideration.

If the federal and provincial government is successfully able to extinguish, thus exterminate, Indigenous peoples protected human rights and freedoms, spiritual beliefs, under the nose of the public, then it is conceivable that other races, colors, creeds, spiritual and religious rights and freedoms will soon follow. No doubt there will be plenty of bad case law precedents achieved through the “Indian Question” to use in the attacking and systematically extinguishing other races, colors, creeds, religions, spiritual beliefs that get in the way of multinational corporate and governmental resource developments.

- “Profit Rights vs Human Rights”

Indigenous peoples are free to negotiate and settle treaties, land claim agreements, partner with whom ever they please. By the Grace of God, In God We Trust.

Yours truly,

Robert Jackson

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Comments

  1. Thu Sep 01, 2005 5:15 pm
    What else is new?Natives getting ripped off again.Same old song and dance.
    The government of Canada squaks about human rights in Iran,forgets Iraq for now,but forgets to look into their own back yard.Which is a big mess.
    Ever notice that whatever the christian world touches,it destroys.Good ol Canada,human rights blah blah blah.



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