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In response to the recent February 14, 2012 article
Algonquin Land Claim Deal Near, Lawyer Says Pact of Significance to Ottawa Valley, by Mohammed Adam, in the Ottawa Citizen.
In the referred to article negotiations lawyer for the incorporated entity the Algonquins of Ontario, Robert Potts, is quoted as stating that:
"It is 400 years since Champlain set foot here, and our confederation will be 150 years old in 2017. We are right in the middle of what is one of the historic claims and settlement that will have occurred in Canada. This will be a historic treaty at a historic time."
It is 400 years since Samuel de Champlain set foot here in Algonquin territory and entered into diplomatic negotiations with the Kichesipirini Algonquin leader, in accordance to customary law and diplomacy. And it is 400 hundred years since and we still do not have an accurate account of this important part of Canadian history and institutional development. It was during these historical meetings based on mutual respect of the customary law of nations, that respected the jurisdiction of the pre-existing nations of Canada before colonial imperial commercial claims, that Canada's laws and our unwritten Constitution found their secure footing.
It is the breach of these legal principles of the rule of law that must be reconciled during Aboriginal title negotiations, and it is the positive and purposeful legal principles that are inherent and inalienable to all natural persons found there that must be preserved, protected, and perfected. Negotiating a commercial contract or entering into lengthy court cases still reliant on the systems designed by colonial assertions will not meet the legal requirements of the purposes of claims of title or contribute constructively to resolving Canada's conditional sovereignty.
Canada is a country with conditional sovereignty. Canada is a country with an administrative State that is based on incorporation traditions directly related to colonial interpretations and traditions. However, Canada is a country, with an incorporated administrative State, that also has a documented history of emerging national development in the archived records of the Algonquin-French Canadian regime that occurred within Algonquin territory prior to British imperial colonial claims.
In essense, prior to the claims and incorporations that were asserted during the British colonial regime many elements of the previous Algonquin and Quebec relationship established princiles of law and institutional foundations that held the moorings of a new model of sovereignty association that have yet to be fully realized.
These important relationships, built on mutual positive intent, grounded on the rights and freedoms of natural persons versus the commercial claims of inequitable profiteering asserted by the corporate sole aspect of the British colonial Crown, are the genuine foundations of Canadian nationhood. In principle, when we have opportunity to correctly examine Algonquin and early Quebec history we find the genuine history of the founding of the Canadian nation.
Can we allow the expansion of the commercial contract model of claims determine away for us our actual history? Can we allow legal traditions and institutions derived from our colonial legacy solely determine for us how we will determine the direction of Canadian nationhood and sovereignty?
Canadians are mislead by the doctrines of the corporation to believe that the only way to bring security and certainty is to eliminate the underlying Aboriginal title and replace it as much as possible with expansion of the colonial incorporated land registry model. But is preserving a land title registration model that expands and strengthens the colonial claims of an incorporated corporate sole, which is completely removed from mainataining the human rights and corporeal needs of natural persons as its first priority any way of bringing lasting security to Canadian citizens?
I am a natural person. I am a natural person of Kichesipirini Algonquin ancestry. I am also a natural person of descent of the many relationships between natural persons of many backgrounds who found their way into Algonquin territory. I maintain that as a natural person holding natural citizenship in the Algonquin Nation that I have a legal and moral responsibility to ensure that it is the needs of natural persons in the territory that must be made first priority and that the foundations of natural law held by my Algonquin ancestry should be respected and preserved to guarantee that right equally to future generations.
That is why I have refused to participate in the current negotiations process. I must make the needs of the members of the human family the first priority in Algonquin territory if there is to be genuine security and certainty. I cannot participate in a tokenistic process that gives the false appearance of reconciliation that will actually be furthering the neo-colonial administrations and profit priority against equal human rights for all.
But as leader of the Kichesipirini Algonquin First Nation, in our customary role, I do continue to assert that for the sake of all Canadians, and the strengthening of human rights, that there must be developed an appropriate Treaty process so that the natural law protections still held by the traditional Algonquin Nation can be utilized by all natural persons for the sake of future generations.
While the newspaper article in the Ottawa Citizen opens claiming that the "federal government grapples with festering aboriginal discontent" this must be put in proper context.
What we think to be as an autonomous government is actually an incorporated administration still derived and loyal to a corporate sole legal fiction entity established here through colonization. Its political jurisdiction is not complete, and it is in particular conflict here in unceded Algonquin Nation territory. It has absolutely no jurisdiction to dictate the terms unilaterally of how the Algonquin Nation and the people of Canada should reconcile their shared colonial past. Throughout the world similar models of administration derived from legacies of colonial institutional foundations are grappling with festering civil unrest as natural persons and citizens everywhere are coming to the realization that there are glaring irregularities in the current economies and institutions because we have accepted norms that are not grounded on the realities of natural law and the needs of natural persons.
The Algonquin Nation situation should be recognized as an international opportunity for international institutional reform.
As leader of the Kichesipirini Algonquin First Nation, a founding element of genuine pre-colonial Canadian institutional development, I must continue to assert that there must be an appropriate process applied to the Algonquin Nation situation. Since the legal foundations of Indigenous Peoples, being the first nations existing based on natural law before the encroachments and usurptions of corporations, still hold human rights and needs as their first priority, and since incorporations cannot act beyond their jurisdiction,it is imperative that we move towards designing processes that integrate the original priorities held by appropriate first nations. We must make our common vulnerablities as natural persons our first priority of concern and responsibility in national development. Profits
are to serve those priorities of natural persons rather than the needs of natural persons being sacrificed for the profit first regime.
The Algonquin Nation situation gives us an opportunity to be creative as Canadians. Rather than rely on the salaried systems dictated to us by the current colonial administration we can think outside the box.High paid agents of the commercial contract system are not independent or competent experts in the layers of law affected by this claim or the various international obligations and responsibilities to other natural persons we should be considering in this extremely important covenant.
The Algonquin Nation did exist before colonialism and colonization. The Algonquin Nation continued to exist throughout the colonial confederation process. The Algonquin Nation never participated in the colonial confederation process so therefore, because of the requirements of procedural fairness and the rule of law the customary Algonquin Nation is outside of the incorporated jurisdiction. The Algonquin Nation still exists and holds the opportunity for Canadians to integrate the greatest freedoms possible known to belong to natural persons while examining the contractions and conflicts brought into institutional development hinged on colonialism. The Algonquin Nation can present Canadians with an opportunity to fully participate in the design of a completely sovereign and free Canada while also ensuring that the conflicts introduced into the sovereign political Crown concept can also be reconciled.
But in order to remove ourselves from the claws of the commercial contract we must wrestle ourselves free from the clutches of the domestic policy land claim process and gain access to genuinely independent and competent experts who can assist us in designing a legitimate process based on the principles and rules of higher law.
It is not about "us" or "them", natives or non-natives. It is about natural law and natural persons versus incorporated legal fictions and contractions of the higher law to suit economic and human rights disparities. These are matters of the international law of nations. These are not matters of international administrative States. Commercial contracts, whether domestic or international, cannot reconcile the underlying issues, so why are we pretending that they can? Why are we wasting tremendous amounts of time, human energy, and money in processes that cannot fulfill the requirements?
Canadians need an open and transparent process that examines all layers and types of law and that meets the progressive purposes of institution reform that should accompany such claims rather than in ignorance further the commercial claims of non-political entities that cannot legally hold political office or represent the interests of natural persons.
Let the existing customary Algonquin Nation position be used as an opportunity for all Canadians to fairly participate in new institutional reforms that meet the current needs of the human family for the specific challenges that we all face today. Let there first be a capacity development process for us all, together as Canadians, so that we are all adequately informed and educated. It is only after there has been such a process that we can truly democratically determine what would be the reconcilation process that would best enable us to continue to act as responsible stewards and global citizens in our common responsibilities
towards future generations that we all share.
Thank you to the Algonquins of Pikwakanagan for initiating a process that has provided this wonderful opportunity for us and the world. Thank you to all those concerned Algonquins who have challenged the many irregularities within this extremely flawed and biased process that we have found ourselves herded into. Thank you to all of the concerned Canadian citizens who recognize that somewhere in the thick quagmire there does still exist within the shadows of Aboriginal title and rights the substance of natural law for the benefit of us all. Thank you to the dedicated individuals at the international level who have also recognized the human rights and social justice protections embedded within appropriate native jurisdictions and anticipated the day when such an opportunity as this might occur.
Let us not miss this opportunity. Let us transcend the limitations of the colonial contracts and grab hold of the higher law for the sake of all those that are grappling with the larger issues for the sake of larger freedoms and greater well-being for the human family.
Help me find a better way.
Kichesipirini Algonquin First Nation
Kichi Sibi Anishnabe
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