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Objection to Invasion of Kaianereh'ko:wa Territory

By: 
The Women Title Holders of the Rotinoshon'non:we
Date Published: 
January 01, 0001

July 11,2006

RE: Henco Industries is building a subdivision on the unsurrendered "Haldimand Tract" for sale to non-Indigenous people who may be unaware that this is illegal.

WHEREAS the Women are the "Title Holders" of the land of Rotinoshon'non:we as recalled by Wampum 44 of the Kaianereh'ko:wa.

WHEREAS the "Title" held by the Women represents a trust obligation to maintain the land for the future generations of our Nations as recalled by Wampum 44.

WHEREAS the Canadian Government knows this land is subject to litigation resulting from fraudulent and dubious practices. Canada has allowed permits to be given out to Indian land it does not have title to. Gen. Haldimand confirmed that Britain would affirm the right of the Six Nations to a tract of land six miles deep on either side of the Grand River running from its mouth to its source. None of this land was ever legally surrendered. Most of this land was lost through a variety of frauds perpetrated or condoned by the colonial governments. Canada knows it violated the law when it deposed the traditional government in 1924. Canada is presently in negotiations to rectify these past injustices. Offering non-native people title to this land is a deliberate attempt to mislead and act in bad faith. Henco Industries is part of "sharp" practice on the part of the Crown in Right of Ontario and/or Canada which knows that it cannot grant legal title to these lands.

WHEREAS the elected Six Nations Council of Grand River set up under the Indian Act does not represent the Rotinoshon'non:we according to standards established under international law, including The International Covenant on Civil and Political Rights.

WHEREAS Canada has ascribed to the internationally recognized standards for respecting political rights of the People as set out in the International Covenant on Civil and Political Rights and other international legal instruments.

WHEREAS the United Nations Committee for the Elimination of Racial Discrimination found on March 6, 2006 that the United States was denying the Western Shoshone people "their rights to own, develop, control and use their land and resources"; they warned the U.S. to respect the Convention; and to "freeze", "desist" and "stop" their actions immediately and to abide by the Committee's "Early Warning and Urgent Action Procedure". Canada's encroachment violates "international human rights norms, principles and standards". The Western Shoshone decision indicates that encroaching as a way to take over land has been formally rejected.

WHEREAS there has been no valid consultation with or consent by the constitutional Indigenous People according to the standards set by Canadian, U.S. and international law.

WHEREAS relations between Canada and the Rotinoshon'non:we continue to be governed by the Two Row Wampum.

WHEREAS the actions being taken by Canada, Ontario and its agencies were established in the colonial era according to procedures that violated international law.

WHEREAS General Assembly Resolution 1541 (XV) requires the informed consent of a people before they are included in another state.

WHEREAS the International Court of Justice affirmed Resolution 1541 in the Western Sahara case.

WHEREAS the courts of other colonial states like the Supreme Court of Australia in Mabo have formally repudiated past colonial reasoning and practices.

WHEREAS the denial of a nation's existence constitutes genocide according to the many international covenants that Canada has pledged to uphold.

WHEREAS Section 35 (1) of Canada's Constitution Act 1982 has formally recognized and affirmed "existing Aboriginal and treaty rights".

WHEREAS the Constitution of Canada has stated that Aboriginal and Treaty Rights must now be respected.

WHEREAS Canada is required to respect our right to our lands and resources under Section 109 of its Constitution Act 1867.

WHEREAS the traditional laws of the Rotinoshon'non:we are still in effect.

WHEREAS the Women Title Holders have never been consulted concerning this proposal to violate the title of ourselves and the future generations by building subdivisions on our land which involves the alienation of our people's Indigenous rights and lands.

WE THE WOMEN TITLE HOLDERS ACCORDINGLY REMIND THE COLONIAL GOVERNMENTS AND INSTITUTIONS INVOLVED IN THIS PROJECT THAT:

    1 The proposed construction is illegal; that Canada and Ontario have no authority to make political decisions on behalf of our People;
    2 Rotinshon'non:we land is inalienable. There can be no discussion of the possibility of a legitimate agreement alienating the land.
    3 The procedures deny political power from the People.
    4 The proper venue to discuss these matters is the traditional Rotinshon'non:we process as set out in the Kaianereh'ko:wa.
    5 The Canadian and U.S. Constitutions respect that relations with us shall be conducted on a nation-to-nation basis.
    6 The Women Title Holders insist on an immediate end to this initiative, and to initiate a dialogue to work toward a solution acceptable to the Rotinoshon'non:we.

By: Rotinshon’non:we Women Title Holders

Ayantwahs /s/ ________________________

Gaayetweh /s/ ________________________

The lands in question, being part of the Haldimand Tract according to the Injunction are listed as:

"Schedule A"

FIRSTLY: Parts of Lots B and C, Range West of Plank Road, geographic Township of Oneida, in Haldimand County and being Part 1 on 18R-6217

SECONDLY: Part of Lot 18, Broken Front Concession on the Grand River, geographic Township of Oneida, in Haldimand County, and being Parts 2, and 3 on Reference Plan 18R - 6217

AND THAT the said land is registered in the Land Registry Office for the Land Titles Division of Haldimand as Parcel BC-18 in the Register for Section Rng W Plank Rd & BFC on GR (Oneida)