CN Rail sues Mohawk protesters!

[Big Blue Machine]

http://www.cbc.ca/canada/ottawa/story/2007...uit-070509.html

I say good job by CN Rail.

[Posit]

I say for a company that says they earn $100 million a day they hired some pretty dumb lawyers.

Indians can't be sued. No one, not even the courts can seize assets on any reserve. One of the protections we offer under the Indian Act.

CN are a bunch of fools. Not only that I think they just became an even bigger target with the help of the OPP who lied to get the last blockade down. My bet is when the next one goes up it will be there for a long time. CN should invest more in trucking.

[guyser]

Indians can't be sued. No one, not even the courts can seize assets on any reserve. One of the protections we offer under the Indian Act.

CN are a bunch of fools.

Thats kind of funny you know.....because why then would a FN chief say this..."Chief R. Donald Maracle said the council had nothing to do with the blockade and will ask CN lawyers to remove it from the lawsuit.".....

instead of this...we are indians we cannot be sued?

Something is fishy here posit....you a FN?

and there is this lawsuit....http://www.miningwatch.ca/index.php?/Platinex_Inc/Platinex_blockade

Maybe I can find some more?

[guyser]

Legal Standing and Capacity: Many First Nations can already enter into contracts, sue, be sued and create corporations. The legislation of this right further incorporates the First Nations into the Canadian political framework, without consideration of their inherent right to self-government.

From the Indian Act.

..or this suit...

March 3 2004- Chief Steven Bonspille, Chief Pearle Bonspille and Chief John Harding have filed a $90 million lawsuit against Grand Chief James Gabriel, three other Chiefs, the federal and Quebec governments, PriceWaterhouseCoopers and others. The suit, claims an agreement between Kanehsatake and the Government of Canada regarding how negotiations would be reached between parties, was breached.

[geoffrey]

Good job by CN. I hope they get the full cost of their inconvenience awarded, a decision like that would go along way to keep these hooligans in line... real consequences are something they haven't had to face yet.

I think the people are growing a little tired of that though. Which is what I really fear, if the courts won't hold them accountable, eventually the population will, and I'm not sure if that will be very pretty.

[Posit]

Indian Act:

" 89. (1) Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band."

Assets, bank accounts, unincorporated businesses, vehicles, houses, boats, etc. are all considered real and personal property of an Indian under the act. While it is possible to seize off-reserve assets, on reserve chattels cannot be touched.

The Band as a Corporation can be sued in theory but the assets of the band cannot be touched in the same manner. That is part of the double edged sword of control we have over the natives, where these kinds of protections are offset by the apartheid restrictions placed by the Indian Act. However, holding the band liable for the action of some rogue protesters is like trying to hold Toronto liable for and OCAP protest that gets out of hand. It just ain't gonna happen....

In proper perspective, Indians cannot be sued by non-natives. However,within any First Nation they have the right to sue and repossess between natives. In all context CN's law suit will go no where

[guyser]

You are funny. Ever box?

Assets, bank accounts, unincorporated businesses, vehicles, houses, boats, etc. are all considered real and personal property of an Indian under the act. While it is possible to seize off-reserve assets, on reserve chattels cannot be touched.

Your assessment? Thanks for that.

Now where is the bank? On or off? So then, buh bye money ! Thanks for that.

In proper perspective, Indians cannot be sued by non-natives. However,within any First Nation they have the right to sue and repossess between natives. In all context CN's law suit will go no where

So the Chief , as quoted by me, is dumb and stupid of the Indian Act legislation? Cuz, ya know, he could just say pfffffft....but yet he doesnt.

Hmmm......something smells here posit....you sniffing it too?

[Who's Doing What?]

I say for a company that says they earn $100 million a day they hired some pretty dumb lawyers.

Um I don't think you understood what was said. There was roughly $100 million dollars worth of Freight that was affected by the one day blockade. Not that the company makes $100 million dollars a day.

Now even if only 10% of that frieght was subject to a time sensitive delivery penalty then the Railroad could be still be looking at a million or more in late penalties.

Good for the railroad to stand up to what are nothing more than a bunch of vigilantes out on a cash grab.

[Posit]

Nope. From what I have heard, Shawn Brant as well as many Mohawks from the Bay of Quinte bank at the BMO conveniently located at Ohsweken on Six Nations. They have already been tested and found that they are on reserve technically and the money stored there by First Nations people cannot be seized (or even examined).

[guyser]

Nope. From what I have heard,

Yes , well, since money is not kept in banks anywhere near what they may have in the accounts, what you heard is lovely.

But immaterial. Buh Bye money.

Oh and this...which is laughable since it is so drama queenish (de facto for them though).....just got worse.

'We've sort of looked at this as being a warning … that they're quite willing to make our miserable lives more miserable.'

— Protester Shawn Brant

Who knew Shawn is so smart. Hope it hurts worse after trial.

[Posit]

"...vigilantes out on a cash grab...." WTF?

The Mohawks of the Bay of Quinte have already passed over $60 million for the lands in question. They continue to state that they are not interested in money. They want the land back free and clear because it was never given up.

The Culbertson Tract will consume 50% of the Town of Deseronto and essentially land lock it surrounded by reserve. Another section to the north that is under claim will basically cause Deseronto to be absorbed into the reserve.

[geoffrey]

Nope. From what I have heard, Shawn Brant as well as many Mohawks from the Bay of Quinte bank at the BMO conveniently located at Ohsweken on Six Nations. They have already been tested and found that they are on reserve technically and the money stored there by First Nations people cannot be seized (or even examined).

Funny how you hide behind the same law (even though your interpretation is a joke) that you encourage these hooligans to break constantly.

I have a strong suspicion that the court will find that these Indian protections end when they start invading other people's liberties, such as those of CN's shareholders. Remember, rights are only justified up to the point where they are in compliance with the values of a free and democratic society. Trespassing voids those silly racist rules.

I can tell you that if the courts continue to withhold judgement on these pests, the citizens affected will certainly stop withholding their's.

[Who's Doing What?]

"...vigilantes out on a cash grab...." WTF?

The Mohawks of the Bay of Quinte have already passed over $60 million for the lands in question. They continue to state that they are not interested in money. They want the land back free and clear because it was never given up.

The Culbertson Tract will consume 50% of the Town of Deseronto and essentially land lock it surrounded by reserve. Another section to the north that is under claim will basically cause Deseronto to be absorbed into the reserve.

Ofcourse they want the land back. IN 10 years it will be worth 3-4 times what it is now. In two generations it could be worth 50 times it's current value. $60 million might be a good chunk of money if spread around between the band members but a good size chunk of land for each band member would be worth more.

[Posit]

You do realize that this type of thing is the fuel that will cause MORE protests and blockades? If the protesters are not afraid of the OPP or the criminal charges do you think that they are afraid of some bogus law suit that will never see the light of day? You see Shawn is a proud member of OCAP and lives in poverty.....I would be interest in seeing how anyone can get anything from someone with nothing to lose....

[Posit]

They can't sell the land. They can only surrender it to the Crown. And with land scarce at Tyendinaga, it will never be surrendered. That is the whole point of this protest - to get the land back.

And sure enough from what I have heard from the community liaison the negotiators are discussing what will happen to us residents WHEN the land is returned...not if.....

[geoffrey]

You do realize that this type of thing is the fuel that will cause MORE protests and blockades? If the protesters are not afraid of the OPP or the criminal charges do you think that they are afraid of some bogus law suit that will never see the light of day? You see Shawn is a proud member of OCAP and lives in poverty.....I would be interest in seeing how anyone can get anything from someone with nothing to lose....

I bet those standing next to Dudley George fear the OPP.

They just don't act anymore. If the OPP came down with a heavy hand, we'd see less of this. Next time, call in the Army and clear them out of the private property. CN could remove them by force if they wanted to, they even have their own armed police to do it.

People are too scared to offend anyone. Make an example and these Mohawks will become a non-issue very quickly.

[Who's Doing What?]

They can't sell the land. They can only surrender it to the Crown. And with land scarce at Tyendinaga, it will never be surrendered. That is the whole point of this protest - to get the land back.

And sure enough from what I have heard from the community liaison the negotiators are discussing what will happen to us residents WHEN the land is returned...not if.....

You don't need to sell land to make money off it. Casino, resorts, cottages whatever the scheme is the land is worth more in the long run than $60 million ever could be.

[Posit]

If the OPP came down with a heavy hand there is no doubt in my mind that it would make Oka look like a carvnival. When the OPP tried the same thing at Caledonia using 100 OPP to arrest 15 protestors, within a matter of minutes another 150 protesters swarmed the site. The same thing or worse would happen at Deseronto, I'm sure.

Negotiation is the only way to resolve these things but it looks poorly on the OPP that they didn't keep their promise. The bail court judge even told the OPP "to get their stories straight" since the promise not to charge anyone in exchange for taking down the barricade was reneged. There is a good possibility that Shawn Brant will walk when (and if) his minor charges ever get to court.

Although, charging Shawn Brant will do little in curbing the protests and blockades and will likely make them more frequent. Shawn is only the spoke person for about 350 people who decided they would take over the quarry and block the railway. They'll just find another spokesperson, ,I'm sure......

[guyser]

You see Shawn is a proud member of OCAP and lives in poverty.....I would be interest in seeing how anyone can get anything from someone with nothing to lose....

OCAP ? Those useless peeps that live in old houses and are laughed at by anyone other than an OCAP member.....member?, none of them even have a pot to pee in.

Pssst...here is a tip. They dont live in poverty, they try to keep in poverty due to some misguided notion that society owes them something.I dont know for sure , but if they got one of those things called ...what is it again, oh yeah, a JOB, then perhaps he wouldnt be begging on the street as he is. Wouldnt give him the dust off a penny.

Ah, so Shawn belongs to the two biggest dregs on society. He sounds like a fine fellow. And some say the immigrant is the problem, nope , that would be Shawn and his merry band of numb nuts.

Oh that may be true that he is broke. But one day he will slip up.

Wow, could you make your case even worse?

[guyser]

They'll just find another spokesperson, ,I'm sure......

And another and another and another and another and another........Better save up for the flowers.

$$$$ Buh Bye !

[jbg]

Indian Act:

****

Assets, bank accounts, unincorporated businesses, vehicles, houses, boats, etc. are all considered real and personal property of an Indian under the act. While it is possible to seize off-reserve assets, on reserve chattels cannot be touched.

*****

Sounds like impunity without consequences. Such privileged status is utterly untenable.

[noahbody]

You do realize that this type of thing is the fuel that will cause MORE protests and blockades? If the protesters are not afraid of the OPP or the criminal charges do you think that they are afraid of some bogus law suit that will never see the light of day? You see Shawn is a proud member of OCAP and lives in poverty.....I would be interest in seeing how anyone can get anything from someone with nothing to lose....

Maybe they can work it off.

[Hydraboss]

Posit...or should I say Tsi?...your bs ranting makes you look the fool.

I say "Bring 'em to Alberta". Their little blockade bullshit would last about five seconds, and then they would find out what "redneck" means. Ever notice that indians in Alberta never attempt such utter bs? It's because they know that the taxpaying citizens of this province would never put up with it. We will, however, put up with them sucking on the public tit for cash and not getting jobs. Whatever. But try and screw with our day-to-day lives (like train service) and they'll find out just how far they can push it.

Not far.

Not far at all.

Maybe they can work it off.

Are you kidding? An indian with a JOB?

[geoffrey]

Are you kidding? An indian with a JOB?

That was very inappropriate.

[jbg]

Are you kidding? An indian with a JOB?

That was very inappropriate.

Unless, broadly speaking, it's not true (and I personally have no idea) why is it inappropriate?