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Oral portion of T 2007-12




MNN. APR. 9, 2013. In Thahoketoteh of Kanekota and the Queen, T2007-12, the decision went against the constitution and “the rule of law”. Federal and provincial laws are applied to Six Nations by violating constitutional law, such as the Royal Proclamation being superseded by Corporation of Canada statutes. Canada is not a constitutional democracy as s. 109 of the British North America Act 1867 is being deliberately ignored. No legal reasons were given other than that Thahoketoteh did not state strong enough facts, for them to hear the issue.

In 2004 Thahoketoteh carefully chose an empty property in Kanekota, Lot 1 Concession 11, Clearview Township. Jim Flaherty, Minister of Finance,sneakily grabbed it through a numbered company, probably with off-shore ties. He built a sprawling estate on it. Thahoketoteh pleaded  constitutional injury  headed by a minister of the government? What could be stronger than that?

Judge Snider ignored Thahoketoteh’s sufficient evidence of residency and Mohawk-ness. She accused him several times of being “fatally flawed”!

The court ruled the existence of a trust relationship between Kanionkehaka/Mohawk Nation and the crown, which has been breached.   

The Royal Proclamation is merely a royal prerogative that may be illegally displaced by a subordinate admiralty statute, violating their constitution. The proclamation was revoked by the subordinate Quebec Act 1774 UK, as it relates to the government and administration of justice in Quebec and Southern Ontario. Their written and oral arguments did not prove this. Our land remains unsurrendered and cannot be taken without our knowledge or consent.

The court ruled that, “The Royal Proclamation cannot preclude the application of federal and provincial law”. Constitutional law does not have to be followed, if it doesn’t suit the corporation’s interest. Canada is a pretend democracy with no real constitution.

“The Royal Proclamation was revoked and cannot override federal and provincial law” at Kanekota, that Thahoketoteh’s interest made “the proclamation irrelevant”. The 1784 Royal Proclamation protects the Mohawk from encroachment forever.

In principle Canada must provide peace and protection to the Mohawk of Kanekota. The court said that this dispute resolution mechanism crafted over three hundred years ago [Mohegan 1704] does not apply to disputes between First Nations and the Crown.  According to the 1932 Westminster Act Canada was supposed to create a constitution ratified by the people. This never happened. Canada remains a colonial corporation, without a constitution or Bill of Rights.

The court respects our arguments, then says, “Even if it did, s. 109 and s. 129 of the Constitution Act 1867 would not preserve this right of protection. Any appeal to the British Privy Council created by the 1704 Order in Council was abolished in 1949 by the Supreme Court Act. The Supreme Court has given itself exclusive ultimate appellate civil and criminal jurisdiction within and for Canada”, in their Admiralty court system.

As Thahoketoteh explained to Captain Brown of the British Military, all courts in Canada are Admiralty ”law of the seas” courts. They claim jurisdiction of 250 miles from the coast and all inland waterways, except the water under the Grand River. The British military will protect this water for “us and our posterity forever”, as they are under military order to do so. Indigenous law has been violated since the fake war of 1776 and 1812. Military rule remains in place. General Sir Peter Wall, Chief of General Staff of the British Army is put on notice to enforce a standing Order left by the highest ranking general in the history of the British military. He must come and physically retake Kanekota.

The court struck down Thahoketoteh’s action and he was ordered to pay $500 court costs. He will appeal. This carefully crafted decision to evade the rule of law means we are right. The court is following along the same old path and and avoiding the elephant in the living room,   breaking the rule of law. As the Bangles spin, “They are now walking like an Egyptian

Section 109: The elephant will take over the room and crowd you guys out.

All readers please donate anything you can at this time.

MNN Mohawk Nation News kahentinetha2@yahoo.com  For more news, books, workshops, to donate and sign up for MNN newsletters, go to www.mohawknationnews.com  More stories at MNN Archives.  Address:  Box 991, Kahnawake [Quebec, Canada] J0L 1B0. thahoketoteh@ntk.com

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