Comments on: An Identification of the Conflicted Relationship between the Indigenous Nations and the Legal Profession in North America http://dissidentvoice.org/2009/01/an-identification-of-the-conflicted-relationship-between-the-indigenous-nations-and-the-legal-profession-in-north-america/ a radical newsletter in the struggle for peace and social justice Thu, 08 Dec 2011 15:07:30 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: James Craven http://dissidentvoice.org/2009/01/an-identification-of-the-conflicted-relationship-between-the-indigenous-nations-and-the-legal-profession-in-north-america/#comment-36186 James Craven Mon, 12 Jan 2009 13:33:04 +0000 http://www.dissidentvoice.org/?p=5983#comment-36186 Dear Gary, I was out near where you are at a conference on the Indian Residential School system at the invitation of Dr. Roland Chrisjohn some time ago. As I noted when out there, if you find any of my work has any merit or use, please take it and use it as you wish. I have had my email shut down where I work as I am on sick leave. But I have more to send you directly not on my website. In the case of The Crown v Bella Yellowhorn, whose pro se defense I assisted (no lawyer in Alberta would touch the case because even those who believed in our arguments were afraid of never practicing law again in Alberta), we were up against two Constitutional lawyers and two to three criminal lawyers and the trial lasted over more than 6 months with delays. I will send you the case file and I also have a transcript of the trial. Our only weapons now are the truth; the courage to tell the truth; our refusal to be bought, intimidated, co-opted or bow down. And we have another weapon also: it is the Canadian and U.S. Governments that are the law breakers not us. They are breaking their own laws in addition to international law and laws against genocide and many other crimes; and their naked hubris and hypocrisy, while they dare to lecture the world about human rights, we will spit back in their faces as Wolverine and I did in China when the Canadian Ambassador refused to stay to hear our presentation at a Conference on Indigenous Affairs held by both the Canadian Government and Chinese Academy of Social Sciences (Wolverine and I were the only Indigenous persons and we were invited by the Chinese Academy of Social Sciences.) The paper I presented is available at my website. Ni Kso Ko Wa (We are all related) Omahkohkiaayo i'poyi Dear Gary,

I was out near where you are at a conference on the Indian Residential School system at the invitation of Dr. Roland Chrisjohn some time ago. As I noted when out there, if you find any of my work has any merit or use, please take it and use it as you wish.

I have had my email shut down where I work as I am on sick leave. But I have more to send you directly not on my website.

In the case of The Crown v Bella Yellowhorn, whose pro se defense I assisted (no lawyer in Alberta would touch the case because even those who believed in our arguments were afraid of never practicing law again in Alberta), we were up against two Constitutional lawyers and two to three criminal lawyers and the trial lasted over more than 6 months with delays. I will send you the case file and I also have a transcript of the trial.

Our only weapons now are the truth; the courage to tell the truth; our refusal to be bought, intimidated, co-opted or bow down. And we have another weapon also: it is the Canadian and U.S. Governments that are the law breakers not us. They are breaking their own laws in addition to international law and laws against genocide and many other crimes; and their naked hubris and hypocrisy, while they dare to lecture the world about human rights, we will spit back in their faces as Wolverine and I did in China when the Canadian Ambassador refused to stay to hear our presentation at a Conference on Indigenous Affairs held by both the Canadian Government and Chinese Academy of Social Sciences (Wolverine and I were the only Indigenous persons and we were invited by the Chinese Academy of Social Sciences.) The paper I presented is available at my website.

Ni Kso Ko Wa (We are all related)

Omahkohkiaayo i’poyi

]]> By: Gary Metallic,Mig`maq Hereditary Chief http://dissidentvoice.org/2009/01/an-identification-of-the-conflicted-relationship-between-the-indigenous-nations-and-the-legal-profession-in-north-america/#comment-36125 Gary Metallic,Mig`maq Hereditary Chief Sun, 11 Jan 2009 21:39:46 +0000 http://www.dissidentvoice.org/?p=5983#comment-36125 To James Craven, My Name is Gary Metallic and I am one of the Traditional Hereditary Life Chiefs of the Migmaq Nation, I have read your Blackfoot indictment of U.S and Canada on Genocide, I can understand why there was no rebuttal from either party, how do you counter something that you have created and used Internationally to convict others and yet you committed the same crime but exonerated yourself by creating domestic man made law to evade the crime. However painful this issue of Genocide may be for the loyal Canadian or American person, it has to be identified and dealt with, and we give thanks to the Creator for sending people like Dr Clark and you for writing about it so that eventually some day justice will prevail for our peoples. Todays generation of nonnatives from Canada and the U.S. will argue that the sins of their ancestors for the illegal taking of our lands and resources dont apply to them because they were not there when it happened is a weak excuse not to deal with the injustice. Our elders say that, surely these non indians must love and respect their ancestors that had passed on and if they really stopped and looked at the historical illegal taking of our lands and resources by them, they should also know that stealing is a sin according to their religous beliefs. They further say that regardless if you stole or murdered someone today or two hundred years ago, it is still a crime under their laws and their God, so they ask why cant they see according to their laws and God in order for their ancestors to have peace, there has to be restitution, only then these founding fathers of these countries will be able to rest in peace. The Elders also say that this guilt has been on the shoulders of many generations that have passed with no end in sight, and that this a terrible burden for any nation to carry, like an open wound that refuses to heal, as their Pope announced during his visit to Canada in regards to the plight of the Aboriginal people in self determination, and the restoration of their lands and resources. I had commented on your tribunal and left my email, but if you for some reason do not have it, it is: gmetallic@hotmail.com, Gary Metallic, Migmaq Nation To James Craven, My Name is Gary Metallic and I am one of the Traditional Hereditary Life Chiefs of the Migmaq Nation, I have read your Blackfoot indictment of U.S and Canada on Genocide, I can understand why there was no rebuttal from either party, how do you counter something that you have created and used Internationally to convict others and yet you committed the same crime but exonerated yourself by creating domestic man made law to evade the crime. However painful this issue of Genocide may be for the loyal Canadian or American person, it has to be identified and dealt with, and we give thanks to the Creator for sending people like Dr Clark and you for writing about it so that eventually some day justice will prevail for our peoples. Todays generation of nonnatives from Canada and the U.S. will argue that the sins of their ancestors for the illegal taking of our lands and resources dont apply to them because they were not there when it happened is a weak excuse not to deal with the injustice. Our elders say that, surely these non indians must love and respect their ancestors that had passed on and if they really stopped and looked at the historical illegal taking of our lands and resources by them, they should also know that stealing is a sin according to their religous beliefs. They further say that regardless if you stole or murdered someone today or two hundred years ago, it is still a crime under their laws and their God, so they ask why cant they see according to their laws and God in order for their ancestors to have peace, there has to be restitution, only then these founding fathers of these countries will be able to rest in peace. The Elders also say that this guilt has been on the shoulders of many generations that have passed with no end in sight, and that this a terrible burden for any nation to carry, like an open wound that refuses to heal, as their Pope announced during his visit to Canada in regards to the plight of the Aboriginal people in self determination, and the restoration of their lands and resources. I had commented on your tribunal and left my email, but if you for some reason do not have it, it is: moc.liamtohnull@cillatemg, Gary Metallic, Migmaq Nation

]]> By: James Craven http://dissidentvoice.org/2009/01/an-identification-of-the-conflicted-relationship-between-the-indigenous-nations-and-the-legal-profession-in-north-america/#comment-36065 James Craven Sun, 11 Jan 2009 13:29:59 +0000 http://www.dissidentvoice.org/?p=5983#comment-36065 Dr Clark is exactly correct and there is more to the story. At the infamous Wannsee Conference on January 20, 1942 when 15 top Nazis met on the "Final Solution to the Jewish Problem", of the 15 attendees, 8 held doctorates and 9 of the 15 were lawyers. They met not only to plan the mechanics and logistics of genocide, they met also to plan the legal rationales for and notions of "sovereignty" to do genocide. What makes a group of people a nation is a matter of international law and facts on the ground; it is not a matter of recognition or non-recognition by any other nations. No nation can summarily declare as "sui generis" (of a special type or a sort of First Nation but not with complete sovereignty) for purposes of its own convenience and attempts to eliminate it. The DIA Tribal Councils in Canada and the BIA Tribal Councils in the U.S. have the same status under international law as did the Vichy Government of Nazi-occupied France. All nations, under international law, have the right not to be exterminated or forcibly assimilated and also the derivative and necessary rights to all that is necessary to prevent such: independence, self-determination, sovereignty. Another irony is that from the Nazis own mouths and writings, their major inspiration for genocide (scope, depth, methods, ways of gaining mass acceptance, methods of cover-up, legal legitimacy) came from Hitler's reading of the Wild West novels of Karl May on the extermination of Indians in the U.S. and Canada along with the Eugenics movements and laws in Canada and the U.S. The 1928 Alberta Sterilization Act, the 1933 B.C. Race Hygiene Law, and the Sterilization laws in 27 U.S. States were cited by the Nazis explicitly as the inspiration for their own 1933 Race Hygiene Law and 1935 Nuremberg Race Laws. The evidence is all here for Dr. Clark's allegations and more all of which has been presented to the Canadian Government in the case of the Crown v Bella Yellowhorn and in various venues with no rebuttal ever by the Canadian Government. http://wwwthesixthestate.blogspot.com/2007/10/blackfoot-indictment-of-us-and-canada.html http://wwwthesixthestate.blogspot.com/2007/06/genocide-not-far-away-in-present-and.html Jim Craven/Omahkohkiaayo i'poyi Professor of Economics and Geography Member, Blackfoot Nation Dr Clark is exactly correct and there is more to the story.

At the infamous Wannsee Conference on January 20, 1942 when 15 top Nazis met on the “Final Solution to the Jewish Problem”, of the 15 attendees, 8 held doctorates and 9 of the 15 were lawyers. They met not only to plan the mechanics and logistics of genocide, they met also to plan the legal rationales for and notions of “sovereignty” to do genocide.

What makes a group of people a nation is a matter of international law and facts on the ground; it is not a matter of recognition or non-recognition by any other nations. No nation can summarily declare as “sui generis” (of a special type or a sort of First Nation but not with complete sovereignty) for purposes of its own convenience and attempts to eliminate it. The DIA Tribal Councils in Canada and the BIA Tribal Councils in the U.S. have the same status under international law as did the Vichy Government of Nazi-occupied France. All nations, under international law, have the right not to be exterminated or forcibly assimilated and also the derivative and necessary rights to all that is necessary to prevent such: independence, self-determination, sovereignty.

Another irony is that from the Nazis own mouths and writings, their major inspiration for genocide (scope, depth, methods, ways of gaining mass acceptance, methods of cover-up, legal legitimacy) came from Hitler’s reading of the Wild West novels of Karl May on the extermination of Indians in the U.S. and Canada along with the Eugenics movements and laws in Canada and the U.S. The 1928 Alberta Sterilization Act, the 1933 B.C. Race Hygiene Law, and the Sterilization laws in 27 U.S. States were cited by the Nazis explicitly as the inspiration for their own 1933 Race Hygiene Law and 1935 Nuremberg Race Laws.

The evidence is all here for Dr. Clark’s allegations and more all of which has been presented to the Canadian Government in the case of the Crown v Bella Yellowhorn and in various venues with no rebuttal ever by the Canadian Government.

http://wwwthesixthestate.blogspot.com/2007/10/blackfoot-indictment-of-us-and-canada.html

http://wwwthesixthestate.blogspot.com/2007/06/genocide-not-far-away-in-present-and.html

Jim Craven/Omahkohkiaayo i’poyi
Professor of Economics and Geography
Member, Blackfoot Nation

]]> By: Gary Metallic,Mig`maq Hereditary Chief http://dissidentvoice.org/2009/01/an-identification-of-the-conflicted-relationship-between-the-indigenous-nations-and-the-legal-profession-in-north-america/#comment-35975 Gary Metallic,Mig`maq Hereditary Chief Sat, 10 Jan 2009 20:01:53 +0000 http://www.dissidentvoice.org/?p=5983#comment-35975 Bruce, glad to see you are still writing about Canadas pretended jurisdiction and that our sovereignty and jurisdiction still exists within our unceded territories, for your info I was asked by the Traditional Algonquins of Barriere Lake who were kicked out of their community several years ago by the indian act council to help them in their notice of no judicial jurisdiction by the Quebec courts within their unceded territory. They were arrested last year for setting up a blockade to protest clearcutting along their traplines, I had met them last summer in Washington D.C during the Longest Walk event that we attended and shared with them our countering the Quebec court system with our native courts. Their case was scheduled last monday and I went to Manawaki to speak in front of the judge to explain to him the notice of no jurisdiction served prior last nov,3rd,2007, as we had done in our local provincial courts in the nineties, I informed the judge that while this notice may be new to him in his court in Manawaki we had served prior notices in my territory to the quebec court. I cited several arguments as to why he didnt have jurisdiction on unceded indian lands, (Royal Proclaimation, formation of our Confederated Native Court and judgement rendered by that court and served to both registrars of Canada and Quebec courts and U.S. ). The judge was quite defensive about his jurisdiction and said if there was no quebec jurisdiction who would prosecute crimes within indian territory, we notified him that the Algonquins were reviving their traditional political institutions and were also in the process of forming their courts where they will also be hearing this case and rendering judgment which will be sent to the quebec court. It gave me great satisfaction to help them in asserting their sovereignty that day, and for once they saw exactly how strong their assertions were in applying that jurisdiction using the legal arguments we used in the confederated native court judgement. They had expected to be handed down jail sentences as usual, the judge remanded the case to Aug,31st, for a reschuduling date, and also said that this matter be somehow resolved with the political parties, so I have been telling other nations that we have to assert our jurisdictions and counter the newcomers courts to stop their pretended jurisdictions upon our unceded territories, we are currently working at adding new member nations to sign on as judges within the Confederated Native Court, the good thing about this case was that it was on Algonquin territory and there was already a Algonquin judge which was William Commanda. The work that was done in the nineties on native sovereignty within our territory is only now being recognized and understood by our people and other nations, perhaps we were a little ahead of our times, but im glad that we did what we did, thank you, I would like very much to communicate by phone or email about our work together, my email is; gmetallic@hotmail.com and my home number is 603-864-8760, I currently live in Newhampshire, but I travel back and forth to the rez, I will be in Montreal tomorrow for the next few days, maybe we cam meet if you live near there, Gary Metallic Bruce, glad to see you are still writing about Canadas pretended jurisdiction and that our sovereignty and jurisdiction still exists within our unceded territories, for your info I was asked by the Traditional Algonquins of Barriere Lake who were kicked out of their community several years ago by the indian act council to help them in their notice of no judicial jurisdiction by the Quebec courts within their unceded territory. They were arrested last year for setting up a blockade to protest clearcutting along their traplines, I had met them last summer in Washington D.C during the Longest Walk event that we attended and shared with them our countering the Quebec court system with our native courts. Their case was scheduled last monday and I went to Manawaki to speak in front of the judge to explain to him the notice of no jurisdiction served prior last nov,3rd,2007, as we had done in our local provincial courts in the nineties, I informed the judge that while this notice may be new to him in his court in Manawaki we had served prior notices in my territory to the quebec court. I cited several arguments as to why he didnt have jurisdiction on unceded indian lands, (Royal Proclaimation, formation of our Confederated Native Court and judgement rendered by that court and served to both registrars of Canada and Quebec courts and U.S. ). The judge was quite defensive about his jurisdiction and said if there was no quebec jurisdiction who would prosecute crimes within indian territory, we notified him that the Algonquins were reviving their traditional political institutions and were also in the process of forming their courts where they will also be hearing this case and rendering judgment which will be sent to the quebec court. It gave me great satisfaction to help them in asserting their sovereignty that day, and for once they saw exactly how strong their assertions were in applying that jurisdiction using the legal arguments we used in the confederated native court judgement. They had expected to be handed down jail sentences as usual, the judge remanded the case to Aug,31st, for a reschuduling date, and also said that this matter be somehow resolved with the political parties, so I have been telling other nations that we have to assert our jurisdictions and counter the newcomers courts to stop their pretended jurisdictions upon our unceded territories, we are currently working at adding new member nations to sign on as judges within the Confederated Native Court, the good thing about this case was that it was on Algonquin territory and there was already a Algonquin judge which was William Commanda. The work that was done in the nineties on native sovereignty within our territory is only now being recognized and understood by our people and other nations, perhaps we were a little ahead of our times, but im glad that we did what we did, thank you, I would like very much to communicate by phone or email about our work together, my email is; moc.liamtohnull@cillatemg and my home number is 603-864-8760, I currently live in Newhampshire, but I travel back and forth to the rez, I will be in Montreal tomorrow for the next few days, maybe we cam meet if you live near there, Gary Metallic

]]> By: Bob McCafferty http://dissidentvoice.org/2009/01/an-identification-of-the-conflicted-relationship-between-the-indigenous-nations-and-the-legal-profession-in-north-america/#comment-35949 Bob McCafferty Sat, 10 Jan 2009 13:27:12 +0000 http://www.dissidentvoice.org/?p=5983#comment-35949 Hello Bruce, Send me and e-mail at biotica@ptd.net as Elizabeth and I have a audio show on the internet. It is called "Subterranean Homesick News". It is on Monday thru Thursday on RestoretheRepublic.com. Send me and e-mail. Bob P.S. Keep up the good work, and keep the faith. Hello Bruce,
Send me and e-mail at ten.dtpnull@acitoib as Elizabeth and I have a audio show on the internet. It is called “Subterranean Homesick News”. It is on Monday thru Thursday on RestoretheRepublic.com. Send me and e-mail.
Bob
P.S. Keep up the good work, and keep the faith.

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