And now:[EMAIL PROTECTED] writes:
From: Mohawkns <[EMAIL PROTECTED]>
Subject: CANDIAN RULING UNRAVELS HOLD ON INDIGENOUS LAND &
RESOURCES
FISHING RIGHTS IN EASTERN CANADA - SUPREME COURT RULING UNRAVELS
CANADA’S ILLEGAL HOLD ON INDIGENOUS PEOPLES’ LAND AND RESOURCES
MNN Mohawk Nation News. Kahnawake of Mohawk Territory. 8 Oct. 99. The
following article appeared in the Montreal Gazette on Thursday October
7th 1999.
FISHING RULING HELPS DESTROY WHITE MAN’S MYTH
by Kenneth Deer
The Supreme Court’s decision to uphold a 1760 treaty between the king of
England and the Micmac in Nova Scotia is a small but important step in
the unraveling of Canada’s illegal hold on indigenous peoples’ land and
resources.
What the Supreme Court did was recognize that a treaty was a binding
legal instrument that should be interpreted using the written text of
the document as well as the negotiating records that led to its
signing. This allowed for the inclusion of the Micmac concerns to be
considered even if they were not in the final draft of the treaty since
it was the British who wrote the text and most likely left the Micmac
concerns out of the treaty.
However, the judgment is still short of the principles outlined in the
United Nations Study on Treaties, Agreements and Other Constructive
Arrangements between States and Indigenous Populations.
The study, written by international law professor Miguel Alphonso
Martinex of Cuba, a member of the Sub-Commission on the Prevention of
Discrimination and Protection of Minorities, reached some very important
conclusions.
First of all, indigenous peoples have a right to their lands and their
resources and to continue engaging, unmolested, in their traditional
economic activities on these lands; and that indigenous peoples have a
right to self-determination as do all peoples on Earth.
The study recalls that treaties are made between nations. Treaties
concluded between states and indigenous peoples have the same weight and
legal status as any other treaty. States knew when they signed those
treaties that they were dealing with sovereign nations and recognized
them as such as the time. Only nations can sign treaties, and states
knew that at the time of entering into treaties with indigenous
peoples. They cannot say therefore that such treaties are internal or
domestic treaties. There is no basis in law for domestic treaties.
Countries like Canada and the United States try to portray their
treaties with indigenous peoples as domestic agreements.
All treaties are international in scope and therefore should be dealt
with accordingly.
The study also recalls that treaties are not what makes indigenous
peoples sovereign. Treaties just confirm that states recognize their
sovereignty. Just because some indigenous peoples did not sign treaties
does not mean they are not sovereign.
The conclusions of the UN study dismantle the premise of European
dominance over the indigenous peoples of the Americas. It’s a concept
that shakes the Canadian establishment to its roots.
That is what is happening today. With Micmac people fishing off the
east coast, Salish people logging on the west coast, Mohawks servicing
Internet gaming, the Canadian establishment is running scared.
Fishermen and loggers are committing violence against Indians,
newspapers are writing articles, columns and editorials questioning the
activities of Indians, and the federal cabinet is considering
legislation to negate a Supreme Court decision upholding a treaty with
the Micmac. Canada must be shaking in its boots.
Canada was built on the premise that the white man was dominant over the
people who were already here; that, somehow, God had anointed them with
the right to own all the land and resources through the divine right of
kings; that these transplanted Europeans would rule over the very lives
of the indigenous peoples in North America.
This is the myth that the white man has used to steal the Western
Hemisphere. Now that myth is slowly disintegrating.
The courts, long the upholders of the myth, are now re-evaluating and
changing the old, racist concepts. Even if the courts are only going
part of the way, it is enough to make the entire society panic.
Canada’s "just society" is not so just and it is just seeing the tip of
the iceberg at the cost of delaying justice to the indigenous peoples in
Canada. The loggers, fishermen, columnists and government can all
complain about what the country did to the indigenous peoples. Now they
are paying the price.
PRESENT SITUATION. The Mi’kmaq, Maliseet and Passamaquoddy People need
your help. They have vowed to exercise their inherent powers and
confirmed legal right by going out on the water to fish. The government
is standing by and the police to watch as non-natives attack the Indian
people and damage their property in violation of the ruling. They are
asking native and non-native supporters to come to Burnt Church New
Brunswick to keep the peace and protect them from organized mob rule.
The mobs have desecrated Indian property and sacred sites, burnt native
boats, destroyed lobster traps and have beaten up native people. Please
contact the people listed below immediately with advice and support;
contact Canadian Prime Minister Jean Chretien and Canadian Embassies and
consulates worldwide condemning Canada’s tactic of using civilians
against natives; ask international organizations to put pressure on
Canada; and to get whatever political support they can for the Indians.
Remember, the native people’s right to fish is supported by the 1760
treaty, the Supreme Court of Canada and the Constitution of Canada. The
Indians need more traps, fishing boats, fuel for their boats,
communications equipment and other necessary supplies. They especially
need people to go there to deter the potential for violence.
To verify this information contact: Frank Thomas 902-448-1605; Clifford
Larry 506-776-1013; Captain 506-523-9289; Steve Marshall 902-890-1436;
send email support to [EMAIL PROTECTED] [EMAIL PROTECTED]
[EMAIL PROTECTED] Fax 902-897-2453 or 902-893-1788
MNN Mohawk Nation News
450-632-6926 [EMAIL PROTECTED]
Canadian Alliance in Solidarity with the Native Peoples CASNP
[EMAIL PROTECTED]
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine
of international copyright law.
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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