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charter.rights

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  1. You might want to read the Charter. 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and ( any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.(15) This means that aboriginal rights trump the remainder of the rights anywhere else in the Charter. It also means that when the Royal Proclamation 1763 set out the way that lands and resources were to be acquired by us, anything else is illegal. It also means that the rights to land that were not properly ceded to the Crown as described in the Proclamation, belong to First Nations. The trillions of dollars that is owed to First Nations is the result of the mishandling of trusts that the Government of Canada inherited. It is a legal duty imposed on government to take care of and pay interest on an account, in every way that they have the same responsibility to manage EI or Canada Pension, which we all contribute to. Beyond the Charter right that trumps all the rest of our rights, this mostly boils down to a legal issue since the Royal Proclamation 1763, treaties and toerh agreements have been entrenched in the supreme law of Canada. We are bound at the highest level to return land and compensate for misplaced trusts.
  2. Maybe you should read the part where it says: 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and ( any rights or freedoms that may be acquired by the aboriginal peoples of Canada by way of land claims settlement.(15) and, PART II RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Metis peoples of Canada. (3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.(17) That kills any argument that we can ignore treaties, the Royal Proclamation1763, or pre-existing aboriginal rights.
  3. If you take a look around the net, he has a habit of spamming discussion boards with his meaningless rants. He was banned here before for the same reason, as he has been banned from countless other boards. No one denies his right to be heard, but when we all become the targets of wasted drivel the moderators must step in. Sure it would be nice to engage him and find out what he is really talking about, but in the end he isn't interested. This is about spamming, not discussion - political, philosophical or otherwise. It is his MO.
  4. Chauchee, Please take your incessant blogs somewhere else. Frankly, I'm not interested and I bet a quick vote would prove that it is a consensus opinion.
  5. This coming from an ignorant racist, and inept Conservative who doesn't even represent the right any longer - a simpleton white boy.....after all.... Maybe you should be responding to me with a yessir, masser. For your distinction in society as a fading minority it might be appropriate. I mean there are few people in this world with as few brain cells as you appear to be using and most of them are caged in institutions.
  6. Perhaps you need to assimilate Leafless. I mean there isn't even room for you in South Africa, or south of the Mason-Dickson Line anymore. Your breed is dying off and it is time to become "one of us". I know...I know...the white sheets and hoodies still call to you, but that is all in the past and the only way that your future children can survive is if they give up the old archaic ideas and join society as an equal "minority". You ideas are stale and your ideology is past its due date. Give it up. You can't win. You were born a loser.....
  7. Hmmm.... I thought you were talking about "uncivilized" and "extremist" which would fit you to a tee. I do realize there is still the thing about you being an ethnic immigrant to complete the thought....but then again you are about as foreign to a real Canadian as Mugabee is to being democratically elected. So in the end I figured you were just talking about yourself...~again~. This isn't a multicultural Canada, after all. It is a nation of individuals with nations hung around their neck.
  8. Well then...when are you leaving Canada?
  9. It makes a huge difference. The court concluded Chretien is blameless. All you have to do is accept what the court ruled....and stop complaining. Chretien was(is) pre-occupied with his public image, no doubt. But Gomery was pre-occupied with the media circus he created and supported over slamming Chretien and that makes it impossible for him to produce an unbiased and impartial report. As far as things go that makes the entire report useless to any extent since his bias would appear everywhere. A higher court always wins. Tough beans isn't it.
  10. From what I remember, the majority of farmers expressed support for the Wheat Board. The grumblings come from a few Reformers who are also farmers who, like modern Conservatives don't like the majority rule.
  11. No. Blame all the people that want to gain support for a racist point of view and then have others do their dirty work. If people like you were a little more self-regulating perhaps there would be no need for an investigation into the type of speech you promote. BTW. I'm surprise you are posting on this topic. I thought you said you had a Clan meeting to go to today? Wot? Couldn't you go because your Hoodie is dirty?
  12. Some of the people on this message board better start running for cover....now.... And the moderators should start vetting those borderline hate messages as well, or suffer the consequences. Knowingly allowing hate messages to persist (and allowing a forum for them) makes them as guilty as the promoters.
  13. The idling by-law has no legal teeth. Zoning by-laws can regulate the site by citing that the traffic could become a problem if a drive-through was approved. So they can, through development agreements limit the use of land for a drive-through restaurant. They cannot however limit a drive through once it has been approved. Such a move would trigger a Municipal Board hearing which would easily strike down any by-law (or part) that was deemed beyond the authority under either the municipal act, or the planning act. Under the Municipal Act municipalities do have the authority to regulate smoking in public areas, but that is something that was specifically approved by the Province. Banning existing drive-through would be beyond their present authority.
  14. While many municipalities have attempted banning of different environmental pollutants, the bottom line is that it is out of their jurisdiction. The Municipal Act does allow municipalities to prescribe by-laws on a number of different matters, but taking charge of environmental issues is not one of them. Any by-law attempting such nonsense would be illegal.
  15. No. The border does not run through any Mohawk reserves. It runs around them. In fact the Mohawks have a continuous assertion of sovereignty since before the British stepped foot in N.A. up to today at the Caledonia and Tyendinaga negotiation tables. Neither the Jay Treaty of the British can define what is Mohawk territory. The Jay Treaty is an agreement between the US and the British that the Indians passing into either country could not be molested It is our law that tells us what we can and cannot do. It doesn't apply to natives. Certainly some have tried to exercise Canadian authority over the Mohawks and that has been met with the likes of Oka, and other exercises where the government eventually backed down. At least now the Charter tells us that we cannot interfere with aboriginal right and when that is fully recognized by the courts (that we have to butt out of their business) there will be no more harassment. That is all that is happening now since the RCMP, CRA, OPP and others won't take the Mohawks to court over Charter issues. If we lose our challenge of their charter rights then you can bet that all natives across Canada will be looking for the same. So the RCMP and CRA don't follow through on charges, because their harassment is all that they are after...something that was prohibited under the Jay Treaty. (BTW Canada does not adhere to the Jay Treaty anyway.) M.Dancer is only a troll with a penchant for picking on natives. He isn't interested in discussion, or the issues. He is merely trying to get one up to boost up his inferiority complex. Unfortunately, native people have more going for them than he does. It isn't vitriol or ad hominems. It is giving a troll what he desires most. An excuse to act like an asshole.
  16. The majority of 30-40% are working poor. A number of cigarette sales owners earn in excess of $500,000 per year. In essence the average median wage is around $100k. While there is lots of press on the RCMP doing seizures, it is all smoke and mirrors because there have been few convictions. At Akwesanse (I just left meetings there this morning) the RCMP think it is illegal to move cartons of cigarettes from St Regis (the US side of the Akwesasne Reserve) to the Quebec side or the Ontario side. But since there are no borders through Akwesasne neither the US or Canada have been successful in getting convictions. The Jay Treaty and the Mohawks position on Cornwall Island puts them on their own sovereign territory outside of Canada or the US. The same goes with every other Mohawk Territory since Mohawks do not consider themselves Canadian, and there has never been an action or acceptance towards Canadian or American citizenship. But spin away. As long as you keep telling yourself these myths, you'll continue to asshole-dom, that being the King of Asshole Land. You aren't there yet princess, but you sure are wallowing in it.
  17. Nah. You're making up dumb questions just to satisfy-your wet puppy superior attitude myth. The tobacco industry is a ma and pop operation in almost every native community engaging it. There are no gangs or organized crimes. That is another lie the RCMP and the OPP tell us just to justify illegal search and seizures. In all the communities that I deal with, the scuttlebutt is that no one participates in the census. That would appear to be the case since there is very little accurate information that comes from southern Ontario stats. I have a direct line to many native people, including community leaders like Shawn Brant, the Chiefs and Council and the band administration, as well as many native business leaders. Its part of my job to liaise with them. We all make money together and those $500g clients involved in the tobacco trade are looking for ways to put their money into other long-term business ventures. Those earning less that $100g's are living the good life with new homes, new vehicles and the finest in family toys. Everyone shares in the bounty and it is improving the overall economic development of the region. BTW. For more information (to correct that ignorant limp you walk with) making cigarettes, and selling tobacco products is not illegal in at least most of the larger communities I deal with. The band councils have written laws that authorizes the sale and manufacture of cigarettes. Selling those cigarettes and all other goods on reserves without taxes has also been written into law by the Mohawk councils. So I guess I spoiled another myth you have been holding on to. Sorry but sometimes I find it important to respond to people like you in the hope of helping them become less of an asshole. However, I understand that it isn't quite effective in your case.
  18. Do you really think that people are taking welfare in communities where the average income is about $100g's? In most Mohawk communities the tobacco industry has spun off into the community and very few remain on social assistance. But since Mohawks don't participate in the census it is unlikely you would know that. Being ignorant of native issues is pretty much your point of view.
  19. At least you are consistent in your denials and ostrich world view. I accept your apology and I am truly sorry you are such as ass.
  20. Even if there are competing interests in BC, that is not the concern of the Canadian government. Rather we have to recognize and mitigate the facts that we have no right to lands that were never ceded. Once we lay off those claims then I'm sure that the competing nations can figure it out for themselves what territory they need for their own autonomy.
  21. Hey dickweed...my cousin is Scottish and English and became a teacher, moved to a reserve and married the guy. How you can derive that I am native from that is a pathetic attempt to dismiss my arguments.
  22. The Mississauga were always here, as mentioned earlier. They don't believe the myths that were created by the Canadian government that they returned here in the 18th century, either. According to local chiefs and my cousin's husband (who is a former chief, present councilor and lands claim researcher) they acknowledge the Confederacy membership. According to them (and "they" include most the bands in eastern, southern and south western Ontario) "they" have been here for a long time. This is priceless: about our First Nations Anyone who promotes ownership of people must be a racist.
  23. No. The archaeology does not show an 18th century emergence of the Mississauga in southern Ontario. They have always been here in small numbers. In fact the archaeology of the north shore villages of lakes Ontario and Erie shows that the Mississauga co-habitated with the Confederacy villages during the 12th to 14th century. No. It isn't bizarre because the Tuscarora were not "junior members" They were full members of the Confederacy represented by their constituent Seneca Royaner. No. It isn't bizarre that the Iroquois controlled North and South America trade because there is a difference between controlling it and owning it. Six nations had control of the routes that everyone else had to travel to make contact. AND because they frequented trade with many nations, they created the open door that was needed by the British to gain access to interior resources. You aren't interested in learning anything more because it conflicts with your myopic view that natives somehow owe you something. By breaking up those myths, it could risk your entire world view being destroyed. And like most entrenched colonial supremacists you would no longer exist in your own mind. But well enough that you leave alone. You have a very limited ability to listen - a pre-requisite for learning.
  24. 1) The Apology was forced, under a settlement agreement. Harper didn't create it or invent it. 2)First Nations don't need "Canadian" human rights to be applied. The purpose of the move was to give non-native women access to their property on reserve when the marriage breaks up. The merely extends Canadian constitutional rights to the reserve, where they really have no jurisdiction. 3. The bands are already accountable to the Auditor General. In fact according to the AG they are being over scrutinized. The paper work that INAC requires gets screwed up in Ottawawhere no one reads it or accounts for it. 4. Harper killed the Kelowna Accord which was agreed to democratically by the federal government and the premiers. This represents another lie the federal government is engaged in. 5. Harper refused to sign the UN Declaration on Aboriginal Rights. He claims that he is creating a made in Canada solution, but....nothing....He is really afraid the the UNDAR will make people realize just how much land has been stolen. 6. The genocide is still going on in the form of foster children stolen by Children's Aides. The number one reason is for poverty, which according to the UN definition constitutes genocide.
  25. Perhaps it was touching Stephen Harper's nerves and he ordered it removed? Maybe there is a policy to censor speech here after all?
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