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charter.rights

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Posts posted by charter.rights

  1. I'm curious. People have brought this up before and, although I'm sympathetic to the problems that our aboriginal communities face, you have never actually provided any citations or evidence for this trust fund. Whether it exists or not--I lean towards not--doesn't actually matter, given the agreements made with the Crown. I would, however, like to read up on it if it does indeed exist.

    Yes I have.

    Go to AANDC and search on "First Nations trust". However, the consolidated trust is not found in any one location. You have to follow the court cases and accounting through 250 years of history.

    The fact is that the Six Nations trust on its own merits is worth over $1 trillion and much of it has been embezzled (the government has admitted they are aware of the mis-dealings of Indian Agents) and used for things like the CN railway, the Welland Canal, Osgoode Hall and the failed Grand River Navigation Company, without repayment back to the fund. Nevertheless as a trustee the government has a fiduciary to account for all the money in the trust and maintain it with the interests specified by an Order in Council from 1820 on. By the way the trust was started in 1684 Howard Treaty when the Crown agreed to hold the payment for land in trust on behalf of Six Nations for their perpetual care. A forensic audit conducted by accountants retained by Six Nations actually has the fund at around $2 trillion but there are doubtful expenditures which put the reasonable minimum at $1 trillion. Six Nations is presently in Court to settle a portion of that account over lands sold to Brantford but never paid for.

    Other First Nations are in similar situations with the Crown agreeing to hold the trust for gas, oil and timber royalties derived from their land, from the sale and settlement of land claims and for annuities promised in treaties and resource agreements. In all that would be a minimum of another $1 trillion.

  2. My question is directed to the period prior to the abomination of the Residential Schools. Please answer why there was a "fire water" problem as early as the early 1800's.

    Generally there wasn't. It was another of the many myths and fears propagated by ignorant peasants.

    However, it was widely held that Indian Agents would use alcohol at meetings to get them to surrender land. After the Royal Proclamation 1763 it was prohibited for anyone but the Crown to obtain land.

  3. First Nations are more than welcome to live just like the rest of us

    Take their hand outs away and let them become normal citizens

    First Nations are not Canadians and are not obligated to live as Canadians. Since all the money they receive is only half their own trust interest, the actual fact is that the Canadian economy and social services are subsidized by First Nations, not the other way around.

    Why would Aboriginal people want to give up their rights to become self-indulged, legally impotent bigoted wing nuts (of course if you are holding yourself out as an example of what you think a real Canadian is)?

  4. I don't mind their exercising their rights. Let them do so with their own income.

    The fact of the matter is, all the money First Nations receive come from the interest on the $2 trillion First Nations trust. That amounts to about $35 billion a year, of which Aboriginal Affairs uses half for the joint funding of First Nations and the bureaucracy. Canada uses the rest of the money they are supposed to be paying directly into the trust to fund the economy.

    The Supreme Court has already ruled the First Nations are Constitutionally entitled to take their portion of the trust from the government and appoint their own trustees. The problem is the government refuses to hand over anything.

  5. Schwa and/or Charter.Rights may be the best ones to answer my question, and I don't mean this in a bad way even though we usually don't "play nicely". Why is there such a serious FN problem with alcohol, or is it just stereotype? I'll take an answer from anyone but would like the answer to be thoughtful and reflective, not bigoted.

    There is a serious problem with everyone of any specified race or background when you live in poverty and have been abused and mistreated into hopeless despair. The Residential School legacy has created multi-generations of poor and hopeless people, lacking parenting skills or knowing their family histories.

    It is well known that abuse creates abusers out of the victims.

  6. That's very enlightening info. Indians (some)also engaged in cannibalism and torture did they not?

    No they did not.

    That myth arises from the story of the Peacemaker who meets a man on the trail who was killing warriors from warring nations and eating their flesh to make sure they would never reincarnate. However, that does not make Aboriginal people cannibals any more than the Black Donnellys makes all Caucasian people cannibals.

  7. Looks to me that more than the one confronted him attempting to provoke and intimidate, but it didn't work. Of course the mark of a coward is the mask.

    Unfortunately till now, our government(s) approach to the Indian problem has been appeasement and concession.

    Eventually there will have to be an insistence of equal complying with our laws. If the Indians are indeed Canadian, the law applies to them equally. If they deny being Canadian, no more extended rights or support.

    Caledonia is an absolute disgrace as far as equal rights and equal law enforcement applies.

    Nope.

    There was a line between both sides. There were only two Warriors in the soldier's face at separate times while at the same time there was a line of soldiers behind him. And that soldier reportedly pissed his pants while standing there.

  8. Two In This Shot

    As you can see clearly in this shot there is indeed another "Warrior". In the complete shot there are three. Yes Bryan they did keep walking away and finally when they realized they couldn't get to him they walked away completely.

    For those who want to know the facts surrounding Oka and not just the propaganda there is a very thoroughdocument available, its in PDF form so I can't post it but if you do a google search using "Canadian Forces Mandate At Oka" it will be the first link that comes up. Its a lengthy read but well worth it for any who are truly interested in the facts of this matter. It clearly shows that no use of excessive force was authorized for the CF and non was used. Further it shows that the CF performed admirably and gives dates and locations when the Warriors were compelled to abandon barricades and move back into an increasingly smaller area. As I said, a lengthy document but very well worth the read.

    Just more of YOUR propaganda.

    Anyone who wants to see the disgrace of the Canadian Armed Forces only needs to see: "Kanehsatake - 270 years of Resistance" A National Film Board Documentary produced by Alanis Obomsawin. It provides live interviews. Also see: "Rocks at Whiskey Trench". Another NFB documentary by the same producer. The CAF acted like uncivilized clowns.

  9. You must be too young to remember Oka when it happened Cybercoma. The picture you posted has been cropped to remove the two other Natives who were there. The three of them did their best to intimidate the single young guy in the picture, he was at a post isolated from his fellow soldiers, this is why they chose him. Nevertheless the young guy did not let them intimidate him, he maintained his post and didn't even flinch in the face of these tactics. I've noticed that when people post this picture they don't post the complete picture showing the three Native guys, then, rather than commenting on how this young man could'nt be phazed by the three others they make some innacurate comment such as wetting his pants. Ask anyone who is old enough to remember seeing this on the news, they'll tell you the same.

    As for Millitary vs Natives at Oka. The mandate was to act as a buffer, to keep the Quebec cops away from The Natives. Their mandate did not include conflict or combat with the Natives, any who claim otherwise are simply lying, this is a matter of public record and easily verified. Could that be a reason they did not engage the Natives? Ya think?

    And I'll call you on a lie Angus. There were no other Warriors intimidating that soldier when that confrontation took place. Here's the video.

    And....

    It would have been suicide for the Armed Forces to attack on Canadian soil. The world was watching and UN oversight was on the ground. The Canadian government and the Armed Forces could not have won that one. So it stands. 25 Warriors held off 3500 troops. That is a fact.

  10. How would you react to my suggesting that First Nations are not expected to conform to the laws that the rest of we citizens do?

    Apparently they are granted exceptions to our rule of law?

    The Supreme Rule of Law is contained in the Charter of Rights and Freedoms, no?

    So how about you provide the laws that you think Aboriginal people are exempt from....instead of just mouthing your fears?

  11. Posturing, nothing more or less. The Six Nations already have whatever lands they were ever going to get. There can be no solution based on dollar bills and the Six Nations should and most likely do know this. The land in question will not be taken from the current owners. The compensation that may and likely will be offered will make them rich enough, period.

    See your wishful thinking doesn't match reality.

    The government has already returned the Burtch Lands, and has the Douglas Estates lands (the land they reclaimed) committed to be returned. As well there are a number of other claims before the courts right now that deal with other lands in Brantford and Brant County that will be returned or fair value compensation in settlement. The government has already recognized these lands were never surrendered. Then there is the Culbertson Tract in Deseronto where the government has acknowledge still belong to the Mohawks.

    The Haldimand Tract Claim is being prepared to be filed within 2012. So settlement will be a combination of fair value compensation and return of lands. That is the trend.

  12. You have been asked repeatedly to provide proof of this $2 trillion account. You keep referencing it, but refuse to provide evidence that it even exists.

    Besides, over $9 billion a year is paid to First Nations out of the Canadian general revenues. That absolutely is money that we are paying out of our taxes. IF first nations communities do get any money from this account, it's in ADDITION to the $9 billion of our money that they are already getting.

    Nope.

    The $15 billion AANDC budget is drawn from the $35 billion in interest the government must pay on the trusts. That money comes from Canadian royalties on gas, oil, timber and mining, as well as corporate taxes.

    Our personal income taxes and HST don't even pay for the services and municipal transfers we receive. Corporate taxes make up the difference.

  13. So in your opinion, Canadian's should pay a small minority $77 trillion? 77 trillion / 33 million = $2 333 333 per Canadian.

    Obviously, Canadian's won't agree to that, hence that idea isn't viable.

    I don't bite your straw man argument.

    But we'll never know about any settlements. We can't be party to the negotiations or the court approved settlements. This is all about the law, not public opinion or your feelings....

    When was the last time that we heard about a land claim settlement? Harper has apparently settled 130 since taking office.

  14. The question is, will any of them want to live on it? Indians are fleeing reserves and band councils and trying to make lives for themselves. Last I read less than 40% of them remain. The only reason indian reserves still exist is because natives living on reserve are only allowed to sell to other natives. Otherwise they would have long ago sold it all off for cash. Same thing goes for treaty lands... theyll sell all that land back to us unless they are prevented from doing so, and end up with nothing again.

    Not so quick.

    Many reserves closer to urban areas are becoming economic hubs and people are flocking back to them. They are creating new businesses / corporations competing internationally. They are creating their own banking institutions and markets. Small remote reserves are still needing to catch up. But once they find their commercial cash cow they will be able to join the rest.

    A recent Supreme Court ruling held that investments on reserve are non-taxable. Reserves could become the new tax shelter for those living off reserve.

  15. What *specially* do you think Canadian's should pay first natives? You throughout 75 trillion or some other bogus number. If you think Canadian's will pay that you're out to lunch.

    Most Canadian won't agree with anything that noticeably impacts their tax bill or property.

    What is paid depends on the claim and the loss of use payments negotiated.

    Th $77 trillion for Ontario comes from the Supreme Court's formula for determining fair value for lands claims settlements. They prescribe that the fair value is as follows:

    1. The value of land at the time is was occupied without a surrender, PLUS compounded interest set out by schedule set by an Order in Council from 1820 to the present, PLUS loss of use determined on the potential use of the land for the years is was not in the possession of the First Nation,

    OR

    2. The fair market value of the land at the present (time of settlement) as improved (with all buildings and development) PLUS loss of use determined on the potential use of the land for the years is was not in the possession of the First Nation,

    whichever is less.

    A 300 acre parcel worth $14,000 in 1820 would be valued at $1 billion today. The Haldimand Tract which was set aside for the exclusive use of Six Nations has a current value of $14 trillion today. While these values are huge, they are nonetheless complicated settlements that will require other creative ways of paying off the First Nation. In the end, one way or the other we still have to find a settlement with them.

  16. A question is how much taxes would the avg Canadian have to pay before they want these laws changed? I think any noticable tax impact would add much public support for changing the laws.

    It is worth costing out what we currently pay for the average tax payer for the first nations. Perhaps, if that was more public, more folks would be for abolishing the current tax subsidies?

    Does anyone know the current stats?

    We pay nothing towards First Nations. All the money they receive is drawn from the interest on the $2 trillion First Nations Trust account. The annual interest is about $35 billion and it is paid for by corporate taxes and by royalties on gas, oil and timber extracted from their land.

  17. Depends on what they want... let's see them try to reclaim Toronto and occupying banks, businesses, etc. They would be cleaned up rather quickly.

    Take a guess what a concrete truck full of quick hardening concrete would do to a sanitary sewer in downtown Toronto.....

    Not all revolutions need to be armed revolutions.

    And given that the majority of our infrastructure and major transportation runs through reserves all over Canada, they are in good shape to make some effective disruptions.

  18. See my last post, if the settlement is as claimed: "Not that I doubt your sincerity, but does your idea of "settling it" include the full $2 trillion trust and the additional $75 trillion for the lands claim settlement of Ontario? Or how about the sharing of all the resources, including royalties and stakes in the companies? " and any government tries to pay that they will be overthrown. Public opinion will easily prevent anything from like that happening and laws changed.

    You are out of touch with the political reality in Canada.

    The fact is at Caledonia as an example the government has already returned land, including the land occupied. Few know about it. The government doesn't have to tell anyone what they are doing (and don't most the time).

  19. Agree, and I think most Canadians agree with that.

    I think that might depend on the scope of their actions. If it starts to affect a majority of Canadian's I suspect public opinion will sway to having police keeping the natives inline, ideally by arresting them peacefully, if not force would of course be required.

    If police/gov don't do their job the majority of Canadian's will do what they need to defend their assets and future, see Arab spring as an example. If the government doesn't defend Canadians they will be overthrown.

    In the occupation at Caledonia, the OPP spent the majority of their time facing the townsfolk protesting the protesters. They were the ones that had to be controlled. Yet they were the ones yelling for police action - something the police had no legal right to do - remove the occupiers. The Six Nations people who reclaimed that subdivision were on solid legal ground in doing so.

    And that is how most of it will go. You might want to understand that Native people are as adept at controlling the message as they are in standing up against injustices.

  20. In fact your support does matter. As a matter of fact it is indeed relevant. With all due respect, I will suggest that the person who would be "doing everything in our power to avoid the consequence of our own inaction" is most likely a fully educated idiot spending their life time wondering why they are getting old chasing their own tail.

    I maintain that all citizens are equal, we should all have the same rights.

    Then you are delusional. Because all Canadians are by their nature, NOT equal. Those with disabilities are not legislated into equality. Gays and Lesbians and Transgendered people are not heterosexual and by their nature have other needs. Old people are not youths and children are not adults. French speaking people are not y their nature required to learn English.

    The best we can do in a civil society is to guarantee "reasonable accommodation" and equity. First Nations funding is inequitable. And if it is our desire to change the status quo we have to change that inequity FIRST before we can complain about anything else.

    While the Charter provides that we are all "equal before and under the law" in practicality that isn't true either since the rich can afford lawyers that are not otherwise available to poorer people. Therefore if we want a just soceity we have to correct the inequity first.

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