jennie

No problem. Traditional people do not vote.

If our governments would obey our laws, we wouldn't be having these blockades all over the province.

Khadr has served 6 years in a horrible prison. He is convicted of NO CRIME: His act is deemed an act of war and yet he has served more time than a Canadian youth would for murder. I fail to comprehend why our government can't issue a simple request to return him to Canada.

Do we 'rehabilitate' child soldiers by putting them in prison? I doubt it. What would we prosecute him for? If he was a legal combatant, what was his crime? Killing is ugly, but not a crime in war. Children on the Front Line: Child Soldiers in Afghanistan http://www.cdi.org/program/document.cfm?do...rintversion.cfm Many other children in Afghanistan are feeling the affects of war first hand, as soldiers. On Oct. 2, 2001, The New York Times reported provisional commander, Fazil Ahmend Azimi, saying, "It's been three decades of our people going backward in terms of education. We have young boys that are more familiar with a gun than with school." Children in Afghanistan "have been raised in a highly militarized 'kalishnikov culture;' in schools both inside the country and refugee camps, textbooks and teaching methods have used images of tanks, guns and bullets in mathematics and reading classes." But pictures in books are not the only kind of violence these children witness. The use of children by the warring parties is not new to Afghanistan. Many young boys fought against the Soviet invasion and have since remained in a war-fighting capacity. Recruitment and use of children to participate in war continues today. A new report prepared by the Coalition to Stop the Use of Child Soldiers highlights patterns of child recruitment by the Taliban, United Front (Northern Alliance) and other warring factions in Afghanistan. (The report is available at www.child-soldiers.org). Hmm ... gives one pause for thought.

Yes they can sue for damages, but they can't stop them and they did not get notice. Currently, if a private property owner doesn't own the surface rights and mining rights to their property, they could be surprised to find a prospector staking a claim in their backyard. Prospectors can claim mineral rights beneath a private property after giving the owner 24 hours notice. I am not sure how this is interpreted: Prospectors look for claims, stake them and then have to give the landowner notice that they are making a claim? That seems to be the way it was described. They didn't have to notify them for prospecting, only for drilling. Ontario's Mining Act now under review... http://www.parrysound.com/press/1189612680/

This was not at this point a private residence where the Gualtieri's resided, but a house under construction on a site that had been closed to builders by the OPP. You do have to remember that this goes beyond common law and involves constitutional law. It is hard to leave when you are pinned to the wall by a baseball bat pressing against your neck.

I see what you mean ... 'may not be deposed' ... but perhaps that was merely a choice of words. I do not intend to sound dismissive of Joseph Brant. He was in many ways a great man, and very well received in the Colonial culture. But he apparently did eventually overstep the authority granted to him by the Confederacy Council.

In the Ontario Mining Act, you do not need permission apparently. These people found trees downed and mining stakes and they had no notice, nor were they entitled to any apparently.

http://markgreenan.blogspot.com/2007/09/gr...ization-as.html This is a cute video.

I think we have to consider whether we rehabilitate child soldiers from other countries, but not from our own. He was underage, and obviously tutored. Khadr should be treated as a child soldier who could be rehabilitated, the lawyer said. ... "I would say generally he understands what's happening, to the extent that any of us do," Kuebler said of his client. "But it's very clear he doesn't have the same grasp as a normal 21-year-old man would." He acknowledged that Khadr's cause is unpopular in Canada because of his late father's alleged terrorist activities and controversial statements made by other members of his family. But enough is enough, Kuebler said. "Really, what you have is the U.S. government attempting to punish Omar for the alleged sins of his father and the Canadian government punishing him for the sins of his family."

It is not just the Algonquins who don't want uranium mining in North Frontenac ... http://www.canada.com/ottawacitizen/news/c...f2c6f1b&p=1 According to the Ontario Mining Act, passed in 1868 and changed little since, if you're at least 18 years old and have $25.50, you can purchase a prospector's licence and stake a mining claim on private property, as long as the property's owner doesn't possess its mineral rights. Claims cannot, however, be staked on certain areas, such as gardens, orchards, "pleasure grounds," or on land containing homes or churches. Prospectors don't have to notify landowners before or after staking claims. If a mining company is interested in a claim, it can lease the mineral rights from a prospector and begin exploratory work, which could entail clearing trees (which the company doesn't have to replace) to make roads, digging trenches (which the company doesn't have to fill if it removes less than 10,000 cubic metres of soil), or drilling holes (from which the company can remove 1,000 tonnes of rock). Mining companies can begin exploration within 24 hours of notifying landowners. ... But these changes, if they do occur, will offer little peace of mind to Mr. Morrison. At any time, miners can drag a five-tonne drill onto his land and there is little he can do to stop them. "It's a kick in the guts," he says. "I can sit here for 10, 15, 20 years, on pins and needles, waiting for the other uranium shoe to drop."

According to one account, Gualtieris planned ahead and brought their own... Two and half hours later five men sit and watch waiting for the perfect opportunity to express their anger and hatred for what, a flag? The baseball bat that they carried was an assault weapon as they had every intention on using it to inflict pain. Instead, one of their own was hurt and by no means, do not put words into my mouth, as I am so relieved he is alright because this isn't about hurting one another it is about respect. We have customs and we have laws and we need ours respected just the same as one wants theirs. P/S Thanks for modern technology for without camera�s and video�s, people might not believe what we are saying. Another account ... http://www.mohawknationnews.com/news/singl.../news/news3.php The older youth walked in and found Sam Gualtieri had his young brother against the wall with a bar pressed across his throat, ready to kill him. He grabbed whatever he could find to save his young brother.

128 ISAAC v. DAVEY (183) Correct me if I am wrong, but the question here had to do with whether the Confederacy was the legal government and held the land in fee simple. I don't believe 'fee simple' is an issue at present, btw, but it was concluded here that the land was not held in fee simple, but rather ... ... the tract in question is still vested in the Crown, So far so good ... but ... what is at issue now is this: subject to the exercise of traditional Indian rights, Those traditional rights are being exercised now: - The right to reclaim traditional land via negotiations, where warranted. - The right to consultation about uses of disputed land while negotiations proceed ... for years. I don't see that this invalidates anything of the present negotiations. Are you saying that the feds should not be negotiating? What am I missing?

Yes you are right ... a Pine Tree chief (adviser, spokesperson, sometimes given Power of Attorney), appointed positions for specific purposes. http://www.indigenouspeople.net/iroqcon.htm The Constitution of the Iroquois Nations The Great Binding Law GAYANASHAGOWA 1. I am Dekanawidah and with the Five Nations' Confederate Lords I plant the Tree of Great Peace. ... Election of Pine Tree Chiefs 35. Should any man of the Nation assist with special ability or show great interest in the affairs of the Nation, if he proves himself wise, honest and worthy of confidence, the Confederate Lords may elect him to a seat with them and he may sit in the Confederate Council. He shall be proclaimed a 'Pine Tree sprung up for the Nation' and shall be installed as such at the next assembly for the installation of Lords. Should he ever do anything contrary to the rules of the Great Peace, he may not be deposed from office -- no one shall cut him down -- but thereafter everyone shall be deaf to his voice and his advice. Should he resign his seat and title no one shall prevent him. A Pine Tree chief has no authority to name a successor nor is his title hereditary. He was not 'chief of chiefs' as portrayed, nor eligible to be that, and not one of the traditionally chosen chiefs. He was a spokesperson, and a favourite of the British/colonialist government. And as you posted, he was eventually deposed by the Confederacy.

I posted this in the Caledonia thread too.

In 2004, a military panel classified Khadr as an "enemy combatant." However, since he wasn't classified as an "unlawful" enemy combatant -- required under rules written by Congress -- a military judge threw the case out last June. So he was a lawful enemy combatant, fighting against the US Army in Afghanistan. So murder does not apply, and the US Military Court is not interested in him, because what he did was not against the rules of war ... Is that right? He is a prisoner of war, then? It sounds like there are appeals going on that are legitimate delays perhaps, but ... anybody know why the Bar Assoc is interested? "I'm hopeful, based on what we've seen recently from the Canadian Bar Association, which came out (last month) and called upon the prime minister to command Omar's repatriation I have edited that quote, because I think that's what it means.

There is no theft involved.

I am just posting this as updated info relevant to the thread topic, fyi ... Charges laid against Caledonia protesters Last Updated: Thursday, September 20, 2007 | 11:42 AM ET CBC News Nine people have been charged with assaulting a police officer, mischief and trespassing after being arrested Wednesday at the site of an aboriginal protest in Caledonia. The protesters were arrested at a housing development a few kilometres away from the original site occupied by Six Nations protesters nearly two years ago. It is the same location where there was a violent confrontation last week. Construction workers resumed work at the Stirling Street subdivision on Wednesday watched over by a small group of native protesters on a nearby hill. http://www.cbc.ca/canada/ottawa/story/2007...ia-arrests.html These are the people who were removed from the Stirling St site yesterday. Suspects Sought in Aggravated Assault CALEDONIA, ON, Sept. 20 /CNW/ - The Ontario Provincial Police (OPP) has issued warrants for the arrest of three suspects in relation to the Stirling Woods Subdivision assault. On September 13, 2007, a contractor working in the subdivision was assaulted resulting in serious injuries. http://www.newswire.ca/en/releases/archive...7/20/c3429.html

I believe definition of membership is in the hands of the Band leadership now, though it was formerly completely government controlled. In fact there may be a difference between who has government 'status' and who is a band member.

Are you a history buff? I am always curious what life was like in Europe at the time of North American conquest.

That is the way they seem to work - "constantly denies what it agrees to". very well put. I have no illusions that the feds have recognized sovereignty as in the Haldimand Proclamation, but 4 claims have been, all of which must be tied to that document. As for breaking agreements ... I think in this case it would require a constitutional change wouldn't it? I don't see that as being very easy, but you never know! Policy can change, though, and the feds are still trying to rely on their policy that once land is developed and occupied, it cannot be returned. It kind of explains the rash of development, I think.

See above re Duty to Consult ... it explains them being there.

The validity of the Haldimand Proclamation has already been recognized by the feds in negotiations. Given that, Six Nations has the right to be consulted on all development in the tract while it is in dispute - i.e., until the claims are resolved. This is Canadian Constitutional law, Supreme Court of Canada 'skullduggery' ... http://www.lawsonlundell.com/resources/TheCrownsDuty.pdf Recent case law from the Supreme Court of Canada (Haida and Taku) has confirmed that the Crown has a duty to consult, and if necessary, accommodate Aboriginal interests when it has knowledge, real or constructive, of the potential existence of an Aboriginal right or title and contemplates conduct that might adversely affect it. They were not consulted, so they shut the developers down. No one has been charged with trespassing. They had a Constitutional right to be there, until the agreement was in place with the Confederacy. I am sure I posted this link before ... several times. The persistently sequential nature of discussion threads is a limitation on good communication. Ideally, one would want to be able to more easily reference previous links.

Let me be clearer: Some traditional Indigenous Peoples do not choose to be Canadian and they cannot be forced.

Are you related to Mel Lastman?