-- "Canada" has no jurisdiction over Mohawk land
On July 14, 2008, Mohawk grandmother and activist Katenies has again been ordered to appear before a judge in the Superior Court of Cornwall, Ontario. Again, Katenies will refuse to recognize the authority of the courts and demand that Canadian officials prove they have jurisdiction over her as an Indigenous woman.
One month ago, on June 14, 2008, Katenies -- accompanied by Kahentinetha of the Kahnawake Mohawk Territory – was targeted for arrest by Canadian Border Services Agency (CBSA) guards on an outstanding warrant for allegedly "running the border" in 2003, and offenses resulting from her refusal to appear in court and validate the colonial justice system.
Katenies has maintained since 2003 that border officials and the Canadian colonial courts have no jurisdiction over Kanion'ke:haka people or land. In January 2007, Katenies served court officials with a “Motion to Dismiss”, demanding that they establish jurisdiction, if any, over Mohawks and their ability to travel freely between "Canada" and the "United States".
[The Motion to Dismiss is linked here: http://nooneisillegal-montreal.blogspot.com/2007/03/katenies-serves-court-with-jurisdiction.html ] and summarrized as follows.
During the CBSA attack, Katenies and Kahentinetha – who are both writers and contributors to Mohawk Nation News (MNN) – were treated brutally by border guards. Both were handcuffed and tackled to the ground. Katenies was jailed for three days. Kahentinetha suffered a heart attack and is under the care of her family. [ www.mohawknationnews.com ]
[Reports about the CBSA attack, and background information, are linked at:
http://nooneisillegal-montreal.blogspot.com/2008/06/katenies-cbsa-background.html ]
As mainly non-native groups and collectives based in settler communities on or near Mohawk lands, we are publicly standing in support of Katenies, and demand all charges against her by the colonial courts be dropped. We also condemn the brutal attacks by the CBSA on both Katenies and Kahentinetha on June 14, 2008 and declare our solidarity with Indigenous struggles for land, freedom and self-determination.
Endorsed by:
Agitate (Ottawa)
Les Apatrides Anonymes (Montreal)
Block the Empire-Montreal
Kingston Indigenous Solidarity Network
No One Is Illegal-Kingston
No One Is Illegal-Montreal
No One Is Illegal-Ottawa
OPIRG-Carleton
OPIRG/GRIPO-Ottawa
La Otra Campaña (Montreal)
People's Global Action Bloc (Ottawa)
Solidarity Across Borders (Montreal)
To endorse this statement, and Katenies, please contact indigenoussolidaritymontreal@gmail.com This legal challenge will cost money. MNN has none. Canada is apparently hiring top law firms to fight the Mohawks. If you could send donations, it would be greatly appreciated to: “MNN Mohawk Nation News”, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. Nia:en/Thank you very much. www.mohawknationnews.com katenies20@yahoo.com
A summary of the documents that Katenies filed are included to provide the legal background on which this case is based.
SUPERIOR COURT OF JUSTICE
PROVINCE OF ONTARIO
CITY OF CORNWALL
Katenies [aka Janet Davis]
v.
HER MAJESTY THE QUEEN
MOTION TO DISMISS
Information #C2202/03, and Court File #06-140
Dated: January 12, 2007
Prepared by: Prepared for:
Aroniakons Katenies a.k.a. Janet Davis
Rotiniaton (turtle clan) Rotiskare:wake (bear clan)
Kahentinetha Rotiskare:wake (bear clan)
Women Title Holders
Kanion’ke:haka of the Rotinonhsonni’onwe
P.O. Box 418, Akwesasne
Via New York) 13655
SEE LIST OF RECIPIENTS AT END OF DOCUMENT.
The question Presented: Provide me in writing the legal basis for your claim to jurisdiction over me and our land.
Attachments: Law, Facts and Analysis served and filed into the record December 18, 2006, Information #C2202/03, and Court File # 06-140, Mohawk Manifesto Books I, II III. Mohawk Manifesto CD format.
MOTION TO DISMISS
(VIOLATION OF ANCIENT BIRTHRIGHT)
SUBJECT OF ANCIENT BIRTHRIGHT
The person of the Rotinonhsonni’onwe who is being charged by the Canada Customs Act with a violation of s.11(1), 153(c) & 153.1, asserts that the corporation of Canada and its agent, Canada Customs, have violated her Ancient Birthright.
The Rotinonhsonni’onwe assert that to deny its people the ability to conduct trade, commerce and travel throughout their territories according to their ancient practices and customs violates the Kaianereh’ko:wa, also known as the Great Law of Peace, as well as the Constitution of the Iroquois. Our agreement is that each party will have jurisdiction over its own people.
The Superior Court of Justice of the province of Ontario in the City of Cornwall is respectfully requested to dismiss all charges and demands for appearance and to return the jurisdiction of this matter to the Mohawk Nation Territory and its Council.
INCIDENT REPORT
On November 13th 2003, I, Katenies, was accused of a non-incident. I was driving through the “Cornwall Island checkpoint” that is placed in the middle of Akwesasne. I was waved through. Supposedly the alarm went off. I was arrested. Customs made a false report forming assumptions that I had “run the border”. I submitted all my paper work challenging the authority of “Her Majesty the Queen”, the corporation of Canada and its agents at the border. The court refused to answer in writing my question in the “Judgment by Retraxit” in the allotted time frame. In March 2004 they lost by default. This made their actions null and void.
According to Section 109 of the Canadian Constitution, Indigenous nations have “prior interests” before that of Canada and its provinces. According to Section 132 of the Constitution the only relationship is nation-to-nation unless there is a surrender. There never was one. I told them they were “squatting” on our land.
On August 16, 2004 I refiled a default to the “Judgment by Retraxit” as the Queen and her courts had not answered me in the 20 days. The court continued to proceed with false actions and proceedings. In February 2004, Federal Magistrate Renaud stated he understood my position on the question about jurisdiction. However, they proceeded to trial anyway. I appeared in early September 2004. He acknowledged then that I did not have to appear. He adjourned to September 22nd 2004. I appeared before that date. I continued to travel freely in my community. Without my knowledge they met and charged me with “not appearing on September 22nd, 2004”. They issued a warrant for my arrest.
I have never accepted their arraignment procedures or any colonial process to impose these “assumed” charges and jurisdiction of the court.
One year later on November 18th 2005 my daughter was accosted by five “Canada Border Service Agents” at the Cornwall Island checkpoint which is an international trading zone. We have an international right to “trade and commerce” which we never gave up. On November 24th 2006, I was on my way to pick up my daughter. A five minute ride takes me through five colonially imposed foreign entities referred to as “United States”, “Canada”, “Ontario”, “Quebec” and “New York State”. on that day I was arrested and taken to Cornwall court to be processed. A court appointed lawyer was sent to represent me. I had not asked for one.
During the bail hearing the court was cleared. Brent Lafave, the Customs investigator, accused me of “being lawless” and demanded that I be detained indefinitely. I explained that Canada follows foreign laws that come from across the water [Britain] and that Onkwehonewe law, the Kaianereh’ko:wa/Great Law, is the law of Turtle Island. I have never given my consent to be other than who I am, an Ongwehonweh. The judge decided I had never been in trouble before. There was no evidence that I would not show up on December 18th 2006. Since they had no jurisdiction and could not “extort” money from me, I was released.
I refused to sign a release form. After threatening to keep me behind bars until a trial and filing new charges to keep obstructing my question, I signed “under protest and duress”. I objected to your illegal detention. I don't understand the nature and cause of your actions applying to me on my land. You must tell me how you got jurisdiction.
December 18th 2006 I showed up and filed a judgment on their actions. When I started reading it into the record, they made noises, tried to get me into their “well”. I felt I was in danger and being set up. By then there were only cops and court personnel in the room. The court was shut down. They ignored me and went on to another matter. We left. They issued a warrant that I left before they could set another date. In January 2007 the CBSA told me that the crown prosecutor had sent me a notice to turn myself in at the border. They mailed me a notice that they had set up a “Court of Estreat” hearing for January 18th 2007 to assess the value of my belongings. I did not attend because the letter informed me that they would keep me in jail until the trial that was set for August 10th 2007. Throughout all this I have represented myself. Then on June 14, 2008 I was arrested on the basis of the September 2004 warrant which had already been dealt with. This warrant was illegally used twice on me.
INDIAN ROOTS OF AMERICAN DEMOCRACY
SPECIAL CONSTITUTIONAL BICENTENNIAL EDITION 1988
Published by the North East Indian Quarterly
Edited with Introduction by Jose Barreiro
Based on “Land of the Free, Home of the Brave”
Oren Lyons
The Honorable Oren, speaker for the Onondaga Nation, presented the following statement before the U.S. Senate Committee on Indian Affairs hearing on Senate Resolution (S. Con. 76) to recognize the Iroquois origins of the U.S. Constitution.
I have titled this discussion “The Land of the Free and the Home of the Brave”.
Upon the continent of Onowaregeh [Turtle Islans], long before the arrival of the white man, a great league of peace was formed. Dekanawida and Jigosaseh organized a functioning confederation under the Kaianereh’ko:wa, known as Great Law of Peace. The basic principles were peace, equity, justice and the power of the people.
Aionwatha, an Onondaga by birth and a Mohawk by adoption, helped establish a union of peace under the natural laws of the universe. They formulated the good message of how to live in equality where every person had a voice. .
The Dekanawidah, Aionwatha and the people gathered on the shores of the lake now called Onondaga. A Grand Council was formed. It was a government where the people were the power.
The families were formed into clans headed by women. Men and women were equal. The spokesmen were the royaner [roiianer]. The spokeswomen were the Otiyaner [otiianer]. Their voice had to be ratified by full consensus of two-thirds of all of the people. They worked together to establish the inner source of vitality and dynamics necessary for the survival of the community
Two houses were formed in the Grand Council. The “Younger Brothers”, consisting of the Oneida and Cayuga Nations and later the Tuscarora. The other was the Elder Brothers, consisting of the Mohawks and the Oneidas. The Mohawks were the “Keepers of the Eastern Door”, the Onondaga became the “Firekeepers” [chairmen] and the Senecas became the “Keepers of the Western Door”. The rafters of the house were the laws of the Rotino’shonni:onwe, also called the Haudenosaunee, the people of the Long house.
By this process, no leader could be self-proclaimed. Their titles and duties were given by the people. The people could remove him for malfeasance. .
The people have the power to recall royaner, otiyaner or any transgressors of the law based on valid complaints from the people. They were warned three times to change their ways. They shall have a witness at their heaving. The first will be their niece or nephew or someone who could speak for them from their clan. The second shall be the partner of the royaner in council. The third and final warning comes from a man or woman who holds no title. Then shall be exonerated or lose their title or be declared to have carried out a misconduct. The power of recall was vested in the people.
The roiianer and otiianer belong to the people. They must be free from any crime against the people. They cannot have blood on their hands. Their minds must be directed toward the welfare of the people. Their skin must be “seven spans thick” to withstand the accusations, slander and insults as they go about their duties for the people. Their authority is that which the people give him. They cannot demand the people obey their orders. No one could influence their judgment. They carry their title for life or until they are relieved of it by bad conduct or ill health.
At the first council, there were 50 original representatives. Their names became “the Circle of 50 Rotiyaner” to be filled by each succeeding generation. The original government established absolute democracy.
We became a nation of laws. The people joined of their own free will to participate in the decision making of the National Council and the Grand Council.
Self-determination began with the individual. All people were recognized to be free from the youngest to the eldest. It was the nature of free men to defend freedom.
The symbol of the Haudenosaunee became the great white pine with four white roots of truth extending to the four directions. People may follow these roots back to the tree to seek shelter. It was called “the great tree of peace”. An eagle was placed at the top to be ever vigilant against those who would harm the people. The eagle shall scream warnings to the people.
When the roiianer and otiianer were raised and the Great Law was firmly established, the tree was uprooted. The weapons of war were thrown into the chasm to be carried by the undercurrent of water to the furthest depths of the earth. The tree was placed back over this chasm, throwing away forever war between these nations but not against the enemies of the people.
When the white man arrived they found free nations guided by democratic principles, all living according to the natural law, the ultimate spiritual law of the universe. This was the land of the free and the home of the brave.
To Europeans sovereignty relates to the power of kings and queens to rule men as they saw fit and control the lives and property of their subjects. As Felix Cohen put it, “the Indian people had Americanized the white man” who threw off this yoke.
The first treaty between the Indians and the white man took place at Skanect Dah De [Albany, New York] in 1613. It was called the Guswenta or the Two Row Wampum. It established a relationship of separate coexistence on this land between our peoples. The canoe of the Indian and the boat of the white man were to go down the river in peace and friendship forever. The Indian people, our government, our culture, our land and resources in our boat. The white man’s boat carried his religions, government and people.
Brothers and sisters, we now turn our faces towards the future and continue to wish you well in your endeavors as a nation. Perhaps it would be well for you to look back again at our principles of peace, justice and equality, to grasp firmly our hand in recognition of our long association and heed the treaties that we made so long ago that these treaties may continue to thrive for our association as government to government.
With that statement, I close the message from the Haudenosaunee, and I think you very much for your kind attention.
Declaration of Inalienable Powers
We remind the people of the United States and Canada and their agencies that:
Article I: we the Rotinonhsonni’onwe (people of the Longhouse ways forever) who have since time immemorial, been governed by the principles and philosophies instilled within the Kaianereh’ko:wa (Great Law of Peace).
Article II: we the Kanion’ko:haka (people of the flint) also known as the Mohawk are Rotinonhsonni’onwe and are of the Confederacy known also as the Six Nations. We shall continue our ancient traditions of Hunting, Fishing, Trapping and Gathering for personal and economic development which includes transport and trade, which is vital to insure the continued existence of our people and our future generations.
Article III: the agreements that were made between our people and the people of the United States and Canada that we shall continue our traditional way of life and to go undisturbed for all time to come.
Laws of the Kaianereh’ko:wa (Great Law of Peace); also known as the Constitution of the Iroquois.
Wampum 99: The rites and festivals of each nation shall remain undisturbed and continue as before, because they were given by the people of old times as useful and necessary for the good of people.
Wampum 92: “If a nation, part of a nation or more than one nation should endeavor to destroy the great peace by neglect or in violation of its own laws and resolve to dissolve the confederacy such a nation or nations or part of a nation shall be deemed an enemy of the Great Peace.
THE ROTINONHSONNION:WE
THE ROTINONHSONNION:WE: are “The people of the Longhouse ways forever”. We are alternately known as Haudenosaunee, Rotinonhsonni’onwe, the Five Nations, League of Five Nations, Six Nations, the Iroquois and the Iroquois Six Nations Confederacy. Our original territory is protected under the NanFan Treaty of 1701 which covered the land east of the Mississippi to the Arctic.
The Rotinonhsonni’onwe is a confederacy of independent sovereign nations of the Western Hemisphere, on the continent known as Onowaregeh, Turtle Island. We refer to our race as Onkwehonwe, “human beings forever”. We are the Kanienkehaka (Mohawk), Oneniotehaka (Oneida), Onontakehaka (Onondaga), Kweionkohaka (Cayuga), Tsionontowanehaka (Seneca), Tehatiskaroens (Tuscaroroas) Nations. We have many friends and allies of other sovereign nations.
POSITION STATEMENT
“Among the Five Nations and their descendants there shall be the following Clans: Bear, Eel, Snipe, Beaver, Hawk, Turtle, Deer, Heron, Wolf. These Clans distributed through their respective nations shall be the sole owners and holders of the soil of the country and in them is vested, as a birthright”. (Wampum #42, title of clans, Kaianereh’ko:wa “Great Law of Peace”).
The women are the progenitors of the Nation. They pass on the Clan to their children. The lineal descent of the people shall run in the female line. Those women who shall be chosen to sanction the Rotiyaner shall be known as the Otiyaner also referred to as Clan Mothers.
As a member of my respected nation, the Kanion’ke:haka, I, Katenies, also known as Janet Davis, assert my birthright under articles 42, 43, 44, 45 and 46 of the Kaianereh’ko:wa (the great good) also known as the Great Law of Peace or the Constitution of the Iroquois. Any attempt by any foreign or domestic agencies or their departments to deny me my birthright violates the Kaianereh’ko:wa and the Guswentah, also known as the Two Row Wampum Agreement.
A right may exist because of its recognition from time immemorial. A wrong is committed when a right is violated. It may be committed by the denial of a right or by refusal to perform an obligation which is considered a right.
THE CLANS
WAMPUM #42
TITLE OF CLANS: The Clans distributed through their respected nations shall be the sole owners and holders of the soil of the country and in them is vested, as a birthright. Note: There are clans other than these among the 5 Nations. The Europeans, not being members of any of these Clans, have no right to own any land in this part of the world.
WAMPUM #43
MEMBERS OF THE SAME CLAN IN OTHER NATIONS: People of the Five Nations who are members of a certain clan shall recognize every member of the Clan no matter what Nation, as relatives. Men and women, therefore, who are members of the same Clan are forbidden to marry.
WAMPUM #44
LINEAL DESCENT OF THE PEOPLE RUNS IN THE FEMALE LINE: The lineal descent of the people of the Five Nations shall run in the female line. Women shall be considered the progenitors of the nation. They shall own the land and the soil. Men and women shall follow the status of their mothers.
WAMPUM #45
THE CLAN MOTHERS, WOMEN TITLE HOLDERS: The women heirs of the chieftainship titles of the League shall be called Oyaner or Otiyaner for all time to come. Note: The Clan Mothers shall be called Oyaner. Oyaner is derived from the word Oyana meaning “path”. Oyaner is the female “good path maker”. Otiyaner is in the plural. Royaner means “He makes a good path for the people to follow”. Rotiyaner is in the plural.
WAMPUM #46
CLAN MOTHERS ARE KEEPERS OF THE AUTHORIZED NAMES: The women of the 48 (now 50) noble families shall be the heirs of the authorized names for all time to come.
When an infant of the Five Nations is given an Authorized Name at the Midwinter Festival or at the Green Corn and Strawberry and Harvest Festivals, one in the cousinhood of which the infant is a member shall be appointed a speaker. He shall announce to the opposite cousinhood the names of the father and mother of the child together with the clan of the mother. Then the speaker shall announce the child’s name twice. The uncle of the child shall then take the child in his arms and walking up and down the room shall sing, “My head is firm; I am of the League”. As he sings, the opposite cousinhood shall respond by chanting; “Hyen, Hyen, Hyen, Hyen…”, until the song is ended.
Note: The “cousinhood” is the other Clan. The purpose of announcing the Clan of the mother is to point out the Clan of the child. A child is born a Mohawk, Oneida, Onondaga, etc., but when he is named in the Great Law ceremony, the child becomes an Iroquois or Rotinonhsonni’onwe. He is a Mohawk by blood and can Iroquois by law, for Kaianereh’ko:wa is also known as the Great Law, is the Constitution of the Rotinonhsonni’onwe or the Iroquois Confederacy. By the same token, if an individual or a whole nation leaves the Iroquois Confederacy and in time realizes their great error and decide to be reinstated, they would be required to go through the naming Ceremony or in their case, a re-naming ceremony and hold the Pledge Wampum and re-accept the Great Law and this act could be called the Iroquois Pledge of Allegiance.
ROTINONHSONNI’ONWE PROTOCOL
THE FIRST THREE STRINGS OF WAMPUM
DATE: January 16, 2007 FOR: CANADA PROVINCE OF ONTARIO
Sekon (Greetings)
The oldest protocol of our people is to open every gathering, whether it be spiritual, council, social event or any important proceeding, with an opening called the Ohenten kari’ watehkwen. It means “the words that go before all else”. This ritual is a thanksgiving to all the sustainers of life, to the Powers of Creation, and ends with a request that all the people present become as one peaceful mind. This ritual is in common use today by traditional minded Rotinonhsonni’onwe. Article #7.
Another protocol of the Rotinonhsonni’onwe is The First Three Strings of Wampum from the Condolence or Installation Ceremony. (Kaiahereh’ko:wa: Article #28). This ritual is sometimes referred to as a “Small Condolence”. It is conducted whenever our people meet after a long absence, when we meet new people or at an important event was to take place that required all parties be of a mind that is both clear and at peace.
Are our eyes filled with tears caused by the loss of some of our people since the last time we met? Are our ears packed with dust, impaired our hearing by loss of a loved one? Are we unable to speak freely because there is dust caught in our throats because of the loss of a loved one?
Wampum String #1: If there are tears in our eyes, we now reach to the forests and symbolically retrieve the softest skin of the fawn. We use this soft cloth to cleanse your eyes and wipe away your tears so that you may see, the Rotinonhsonni’onwe, and all of Creation, clearly once again.
Wampum String #2: If your hearing is difficult, we now cleanse from your ears the dust of grief. We now reach for the sky and retrieve a soft feather. We now use this soft feather to clean your ears so that you may hear our voices and sounds of Creation clearly once again.
Wampum String #3: If it is difficult to speak, we now symbolically retrieve water from the purest underground streams deep in our Earth Mother. We give you this pure water. As you drink, the water will cleanse your throat and wash away the feeling of sadness. This will permit you to speak clearly again.
The family Kahwatsire (family) or Clan is the center of our existence. Death was seen a dreadful force. Each log in a fire symbolized a family member. Death was seen as a force that took a log out of the fire (Kahwatsire) so violently that the other logs were greatly disturbed and threw up such a cloud of ashes that the dust settled in the remaining family members’ eyes, ears and throat. This makes it difficult to see, hear and speak after the loss of a loved one.
This symbolism was seen as being so important in our human relationship with each other, that our ancestors adopted this symbolic ritual to be used whenever our people after long absences, new people were greeted, or when proceedings are so important that a clear mind is required.
This ritual indicates a profound understanding of the nature of the human mind, and a desire to restore clarity and a state of peacefulness to it.
KAIANEREH’KO:WA - THE GREAT LAW
THE GREAT LAW: is the philosophy and constitution of the Iroquois based upon peace, natural righteousness and power. This law provides a procedure on how to govern ourselves, how our representatives, both male and female, are selected, their duties and responsibilities and the rights, duties, and responsibilities of the people. It also instructs us on how to resolve disputes internally and externally with foreign nations.
The articles of law have to be know internally by each individual. The Great Law ensures peace to all the people of the Rotinonhsonni’onwe for all time to come. It provides governance that is right and just. It ensures that all the people of the nations have a voice and place in the government. By spreading the message of peace, friendship, unity and justice, it brings lasting peace to all the nations of the earth.
INTERNATIONAL TREATIES
TREATY MAKING POWERS: The Rotinonhsonni’onwe have treaty making powers. The “Guswentha” or ”Tekeni Teiohate” means “Two roads”. The treaty is called “Two Row” or “Two Row Wampum”. It is a relationship created between two sovereigns and is recorded on a belt made of wampum shells.
The first Rotinonhsonni’onwe treaty with a European nation was with the Dutch around 1606. It is a “Peace and Friendship” and a “Trade and Commerce” treaty. It enabled the Dutch to trade freely in and around Rotinonhsonni’onwe Territory without interference or aggression. The Rotinonhsonni’onwe made similar treaties with Great Britain, France, the Thirteen Colonies, and eventually the United States of America. These treaties are referred to as the “Covenant Chain”.
The canoe and sailing vessel travel side by side on the river of life. Each boat symbolically contains their people, language, form of government, laws, culture, traditions and ceremonies. In the indigenous canoe are all the lands and resources that the natural world has vested in the Ongwehonwe. The parties agree to not interfere or make war with the other, forever.
An important feature of the Two Row is the “comity” form of jurisdiction. Each party agreed to turn the alleged guilty party over to their own nation for trial and appropriate punishment.
The Dutch, British and French empires accepted this concept and the United States implemented this principle in the 1794 Canadaigua Treaty, Article VII. It confirms the “Two Row Wampum”, already entered into by U.S. President George Washington.
Another principle of the “Two Row” is that each citizen, of our respective nation, is encouraged to stay completely in our respective “vessel or canoe”. We cannot have “one foot in the canoe and the other in the vessel”. We could find ourselves stranded or perish should a storm suddenly arise and the vessels separate away from each other.
We can only follow one jurisdiction, one law. Forcing our people into Canadian or Ontario jurisdiction can subject our nations to great peril.
The Great Law embodies the principles of the Two Row Wampum in the following articles:
Kaianereh’ko:wa – Article #78: whenever a foreign nation enters the League or accepts the Great peace, the Rotinonhsonni’onwe and the foreign nation shall enter into an agreement and compact by which the foreign nation shall endeavor to persuade other nations to accept the Great Peace.
Kaianereh’ko:wa – Article #83: When peace shall have been established by the termination of the war against a foreign nation, the shall the Great Peace come.
Kaianereh’ko:wa – Article #84: Whenever a foreign nation has been conquered or by their own will accepted the Great Peace, their own system of internal government may continue, but they must cease all warfare against other nations. Note: Since the foreign nation’s internal government is kept intact, this implies that all other aspects of that nation’s society remain as before such as: territory, language, laws, jurisdiction, culture, traditions and spiritual (or religious) ceremonies. A further protection of spiritual ceremonies is found in the Great Law. Kaianereh’ko:wa – Article #87: When the war of the Rotinonhsonni’onwe on a foreign nation is ended, peace shall be restored to that nation. When all the terms of peace have been agreed upon, a state of friendship shall have been established. Note: After the war, the former enemies shall become friends.
Kaianereh’ko:wa – Article #97: Before the Onkwehonwe united their nations, each nation had its own Council Fire. Before the Great peace, their councils were held. The Council Fires shall continue to burn as before and they are not quenched.
Kaianereh’ko:wa – Article #99: The rites and festivals of each nation shall remain undisturbed and continue as before, because they ere given by the people of old times as useful and necessary for the good of men.
LAND
Historically, the Rotinonhsonni’onwe extended its power from the east of the Mississippi, to the Arctic, to the Atlantic seaboard and to Florida. Rotinonhsonni’onwe are independent of, and not subject to, other nations and their laws. The Rotinonhsonni’onwe cannot give up or sell our land.
Kaianereh’ko:wa – Article #56: Five strings of shells tied together shall represent the Five Nations. Each string shall represent one territory and the whole a completely united territory known as the Five Nations (Rotinonhsonni’onwe ) Territory.
Kaianereh’ko:wa – Article #57: Five arrows shall be bound together very strong and shall represent one Nations each. As the five arrows are strongly bound, this shall symbolize the complete union of the nations. thus are the Five Nations (Rotinonhsonni’onwe) completely united and enfolded together, united into one head, one body and one mind. They, therefore, shall labor, legislate and council together for the interest of future generations.
Kaianereh’ko:wa – Article #72: The soil of the earth from one end to the other is the property of the original people who still inhabit it. By birthright, Onkwehonwe (human beings forever) are the owners of the soil, which they own and occupy and no other may hold it. The same law has been held from the oldest times.
PEOPLE’S REPRESENTATIVES
PEOPLE’S REPRESENTATIVES: We, the people of each Nation, have the constitutional authority to select our national male representatives. Our national female representatives and women nominate the men, approve them or nominate their own candidates. They must be legally installed.
ROIANER is our National and Rotinonhsonni’onwe male representatives. Roianer means ‘he who is given the path to follow” which is set by the Great Law. They do not “lead” the people according to their own will but only according to the Great Law.
OIANER: is the female representative. It means, “she has been given the path to follows”. They are also referred to as Clan Mothers and hold the Rotiianer titles.
AHSAREKOWA: is the mediator between the people both during times of peace and during times of stress.
RIGHTS OF THE PEOPLE
WAMPUM #93
Referendum
The people decide on the most important matters
Whenever an especially important matter or a great emergency faces the League Council and the matter effects the entire Five Nations then the rotiianer of the League must submit the matter to the people. This decision shall be a confirmation of the voice of the people. Note: When the referendum (decision by the people) was first practiced.
WAMPUM #94
THE MEN OF EVERY CLAN SHALL HOLD A COUNCIL OF THE CLAN AND THEIR DECISION SHALL BE CONSDERED BY THE COUNCIL OF CHIEFS
The men of every Clan of the Five Nations shall have a Council Fire ever burning in readiness for a Council of the clan. They may hold a council to discuss the welfare of the Clan. This Council shall have the same rights as the Council of Women
WAMPUM #95
THE COUNCIL FIRES OF THE WOMEN OF EVERY CLAN HAVE THE SAME RIGHTS AS THE COUNCIL OF THE MEN
The women of every Clan of the Five Nations shall have a Council Fire ever burning in readiness for a council of the Clan. They shall hold a council, and their decision and recommendation shall be introduced before the Council of Rotiianer by the Rotiskenrakete.
THE RIGHTS OF THE PEOPLE OF THE NATION OR CONFEDERACY OF NATIONS
KAIANEREH’KO:WA – Article #96: All the Clan Council Fires of a Nation or of the Confederacy of Nations may unite into one general Council Fire to discuss the interests of the people. The people can make appointments and delegate their power to others of their number. When their council shall have come to a conclusion on any matter, their decision shall be reported to the council of the nation or the League Council (as the case may require) by the head Warrior or head Rotiskenrakere.
Note: The League Council is also known as the Grand Council. When the people hold a general council, the Grand Council has to go along with the decision as the Confederacy is a people’s government.
WAMPUM STRINGS
Article #23: Any of the Rotinonhsonni’onwe may use shells or wampum as the record of a pledge, contract or agreement entered into. The same shall be binding as soon as shell strings have been exchanged by both parties. The people of the Rotinonhsonni’onwe have both an inherent right and a constitutional right to assemble at any time or place within our territory, without seeking permission from any nation, Councilor or authority other than the Great Law itself.
THE NATIONAL COUNCIL IS THE PROPER PLACE TO ADJUDICATE THIS ISSUE. THEREFORE THIS COURT IS RESPECTFULLY REQUEST TO DISMISS ALL CHARGES AND RETURN THIS ALLEGATION TO THE KANION’KE:HAKA COUNCIL FIRE. AS WELL A REVIEW OF THIS CASE SHALL BE SUBMITTED TO THE GRAND COUNCIL IN ORDER THAT ALL NATIONS MAY BE ABLE TO OBSERVE ITS FINDINGS.
SUBMITTED TO: THE ONTARIO COURT, PROVINCIAL DIVISION, 29 SECOND ST. WEST, CORNWALL ONTARIO CANADA ON Kanion’ke:haka Land.
I asked you a reasonable question and have a right to an answer. Show me in writing how did your court get jurisdiction over me and my land. I am not a citizen of Canada. Our relationship is governed by international law. You must deal with me through your head of state, not through your court or law enforcement agents.
Because you have placed yourselves illegally in the midst of my community, you are interfering with my right to freely traverse my territory.
You have set a date for me to appear in your court on December 18th 2006 and a trial for August 10, 2007 in Alexandria “to deal with the outstanding charges”. Before any of this can be undertaken, you must prove your jurisdiction over me and my land. This imaginary line does not pertain to me. You have no right to charge me before your court.
On December 18th 2006 I spoke for myself before your court in full view of thirteen people.
The Jay Treaty of 1794 is between two colonial entities, the U.S. and Great Britain. This line was meant for your subjects only. As the Jay Treaty is a third party agreement, it is not binding on Onkwehonwe. You cannot interfere with our birthright to conduct trade, commerce and travel anywhere in the Western Hemisphere.
We can only meet with your head of your state to clear up this misunderstanding.
Attached is the Information I filed on this case on December 18th 2006. It contains the Facts, the Law and the Analysis of this case. Also attached and filed into No. C2202/03 and Court no. 06-140, formal recorded evidence of U.S.S.C. 05-165 and File #A-363-05 Federal Court of Appeal of Canada contained in the Mohawk Manifesto, bound and labeled Book I, II, III, and in CD word document format.
CONCLUSION
THE ROTINONHSONNI’ONWE ARE SOVEREIGN ONKWEHONWE NATIONS OF ONOWAREGEH, ALSO REFERRED TO AS THE WESTERN HEMISPHERE. WE ARE CREATED AS FREE AND INDEPENDENT PEOPLE WHO ARE PART OF THE NATURAL WORLD. WE DEVISED A LAW AND A WAY OF LIFE THAT IS NATURAL AND ADDRSSES THE TRUE NATURE OF HUMAN BEINGS.
WHEN HUMAN BEINGS FROM FAR AWAY CAME AMONG US, WE ENTERED INTO TREATIES OF PEACE AND FRIENDSHIP WITH THEM. WE AGREED TO RESPECT EACH OTHER AS BROTHERS AND SISTERS AND NOT TO INTERFERE WITH ONE ANOTHER.
WE HAVE ADHERED TO THESE PRINCIPLES . IF YOU SAY THAT YOUR GOVERNMENT HAS MADE OTHER ARRANGEMENTS AND HAS GIVEN HER MAJESTY THE QUEEN AND THE PROVINCE OF ONTARIO JURISDICTION IN THESE MATTERS, THEN THAT IS A VIOLATION OF A SOLEMN TREATY ENTERED INTO BETWEEN OUR NATIONS AND IN TURN VIOLATES INTERNATIONAL LAW. THIS MATTER IS CLEARLY A POLITICAL MATTER. FOR ALL THE REASONS STATED ABOVE THE ALLEGED CHARGES SHOULD BE DISMISSED.
Signed on this ____ day of January 2007 on Kanion’ke:haka territory,
Katenies [aka Janet Davis] _______________
Woman title Holder of the Kanion’ke:haka of the Rotinonhsonni’onwe – according to Wampum 44 of our law, the Kaiahereh’ko:wa, the Women are the “progenitors of the soil” of Turtle Island. The women are the caretakers of the land, water and air of Turtle Island. As the trustees, the Women are obligated to preserve and protect the land’s integrity for the future generations.
LIST OF RECIPIENTS OF "MOTION TO DISMISS"
Her Majesty Queen Elizabeth II
Buckingham Palace, London, SQ1A UK
Justice of the Peace Stewart
Superior Court of Justice
29 Second St. West, Cornwall, Ontario
Ronald J-L Turgeon
Crown Attorney
404 -132 Second St. East,
Cornwall Ontario K6H 1Y4
Brent Lafave, CBSA, Investigator
90 Akwesasne International Road
Akwesasne, Ontario K6H 5R7
Murray McDonald
Crown Attorney
404-132 Second St. East
Cornwall, Ontario K6H 1Y4
T. Donihee
Counsel for the Federal Crown
404 -132 Second St. East,
Cornwall Ontario K6H 1Y4
Lance Markell, District Director,
Northern Office – Customs, St. Laurent Blvd.,
Ottawa Ont. K1G 4K3
Jennifer Burke and Guy Simard /A
Office of the Crown Attorney
United Counties of Stormont,
Dundas & Glengarry
29 Second Street West
Cornwall, ON K6J 1G3
The Governor General of Canada
M. Michaelle Jean
1 Rideau Drive, Ottawa
Prime Minister Stephen Harper
House of Commons
Ottawa
Hon. Stockwell Day
Minister of Public Safety
House of Commons, Ottawa
Alain Jolicoeur
President, CBSA
Ottawa, ON K1A 0L8
Hon. Irwin Cotler
Justice Canada
284 Wellington St., SAT-6053
Ottawa, ON K1A 0H8
Daniel A. Bellemare
Justice Canada
284 Wellington St., SAT-6053
Ottawa, ON K1A 0H8
Hon. Robert Douglas Nicholson
Minister of Justice and
Attorney General of Canada
284 Wellington St.
Ottawa, ON K1A 0H8
Hon. Michael J. Bryant
Attorney General of Ontario
720 Bay St., 4th Floor
Toronto, ON M5G 2K1
Hon. Yvon Marcoux
Minister of Justice and A.G.O.
Louis-Phillipe-Pigeon Bldg.
1200 Rue d l'Eglise, 9th Floor
St. Foy G1V 4M1
Hon. Jim Prentice
Minister of Indian Affairs
10 Wellington St.
Hull, Que. K1A 0H4
Premier Dalton McGuinty
Province of Ontario
Queens Park, Toronto ON
Premier Charest
Province of Quebec, Legislature
Quebec City
British High Commission
80 Elgin St.
Ottawa, ON K1P 5K7
Canadian Human Rights Commission
344 Slater St., 8th Floor
Ottawa, ON K1A 1E1
United Nations
405 E 42nd Street
New York, NY 10017
Women Title Holders of the Kanion'ke:haka
c/o Box 991
Kahnawake of Mohawk Territory
J0L 1B0
Confederacy Rotiianer Alan McNaughton, Arnie General, Six Nations Secretariat Leroy Hill
RR #6
Hagersville, N0A 1H0
The Hague, Anna Paulownastraat
103, 251 BBC
The Netherlands
Coalition for the International Criminal Court
c/o WFM, 708 3rd Ave., 24th Floor
New York, NY 10017
