Enbridge is knowingly violating our rights by planning to build a gas pipeline under our river scheduled to start anytime. A Mohawk man has been single-handedly taking the garbage out of the river for the past two years. This river desperately needs to be cleaned. We need to stop this.
DEMAND FROM WOMEN TITLE HOLDERS OF ROTINONHSONNION:WE/SIX NATIONS TO ENBRIDGE GAS DISTRIBUTION INC. OF BARRIE ONTARIO TO CEASE AND DESIST THE BUILDING OF A NATURAL GAS PIPLINE UNDER THE PINE RIVER IN HORNINGS MILLS ON THE HALDIMAND TRACT
DATE: Sept. 13, 2006.
FROM: WOMEN TITLE HOLDERS OF THE ROTINONHSONNION:WE.
According to Wampum 44 of our law, the Kaianereh’ko:wa/Great Law, the Women are the “progenitors of the soil”of the Rotinonhsonnion:we. We are the Caretakers of the land, water and air of
RE: Enbridge Gas Distribution Inc. is planning to violate Rotinonhsonnion:we constitutional jurisdiction, the Two Row Wampum, the Haldimand Proclamation and many international laws and covenants by constructing a natural gas pipeline under the Pine River on the Haldimand Tract near the source of the Grand River. The Horning Mills tributary of the
TO: Enbridge Gas Distribution Inc.; Governor General of Canada, Mme. Michaelle Jean; Queen Elizabeth II; Steven Harper, Government of Canada; Ontario Premier Dalton McGuinty, Ministry of Natural Resources; Minister of the Environment, Department of Justice Canada; Attorney General of Canada; Attorney General of Ontario; Department of Finance Canada; Indian Affairs; Six Nations Confederacy Chiefs; Mohawks of Wahta, Six Nations, Tyendinaga, Akwesasne, Kahnawake, Kanehsatake, Ganienkeh and Kanatiohareke; Stock Exchanges of Toronto, Montreal, New York, Tokyo, London, Australia, Hong Kong and Zurich.
WHEREAS the Women Title Holders were never consulted nor did we give our consent for Enbridge to enter our land to build a gas pipe line under our river. The Haldimand Proclamation, October 25, 1784, provides as follows:
“WHEREAS his Majesty having been pleased to direct that in consideration of the early attachment to his cause manifested by the Mohawk Indians, and of the loss of their settlement which they thereby sustained that a convenient tract of land under his protection should be chosen as a safe and comfortable retreat for them and others of Six Nations who have either lost their settlement within the territory of the American state or wish to retire from them to the British. … the said Mohawk Nation and such others of the Six Nations as wish to settle in that quarter to take possession of and settle upon the banks of the river commonly called Grand River, running into Lake Erie, allotting to them for that purpose six miles deep from each side of the river beginning at Lake Erie and extending in that proportion to the head of the said river which them and their posterity are to enjoy forever.
WHEREAS The Charter of the United Nations requires respect for the principles of equal rights and self-determination of peoples. Its members have committed themselves to abide by its terms. They have agreed to not use force and to use peaceful and legal means to settle differences;
WHEREAS Canada has ascribed to the internationally recognized standards for respecting political rights of the People as set out in the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, the Convention on the Prevention of Genocide, United Nations Convention on Economic, Social and Cultural Rights, and other international legal instruments;
WHEREAS according to the Supreme Court of Canada the Crown must always act in good faith;
WHEREAS General Assembly Resolution 1541 (XV) requires the informed consent of a people before they are included in another state; the International Court of Justice affirmed this Resolution in the Western Sahara case;
WHEREAS the courts of other colonial states like the Supreme Court of Australia in Mabo have formally repudiated past colonial reasoning and practices;
WHEREAS the United Nations Committee for the Elimination of Racial Discrimination found on March 6, 2006 that the United States was denying the Western Shoshone people “their rights to own, develop, control and use their land and resources”; warning the U.S. to respect the Convention; and to “freeze, “desist” and “stop” their actions immediately and to abide by the committee’s “Early Warning and Urgent Action Procedures”;
WHEREAS international law is firmly committed to affirming the equal and inalienable rights of all peoples and reject colonial encroachment on other people, including Indigenous nations;
WHEREAS both the U.S. and Canada must abide by the international law principles that there can be no development on Indigenous land without consulting the title Holders; ignoring the true Indigenous people is now universally recognized as illegal; Indigenous people must be consulted; and our perspectives on the issues can no longer be ignored;
WE, THE WOMEN TITLE HOLDERS, SEEK TO INFORM YOU THAT THIS IS FULL AND FAIR NOTICE THAT:
1) Enbridge, in preparing to violate our jurisdiction, will be committing genocide. According to the Royal Commission on Aboriginal People Canada has put aside these abusive policies in an attempt to negotiate a fair reconciliation.
2) Enbridge is violating the terms of the Haldimand Proclamation in which there is to be no encroachment whatsoever;
3) Enbridge is violating Indigenous jurisdiction as respected by the conjunction of our constitution, Kaianereh’ko:wa, the Canadian Constitution and the U.S. Constitution. According to Section 109 of the British North America Act 1867, Indigenous people’s “prior interests” supersede that of
4) Enbridge is violating the Guswentha/Two Row Wampum Agreement, which is an alternative to war.
5) Enbridge is violating international law by attempting to override the rights of the Rotinoshon’nion:we by using our land for your interests without our consent.
6) Any individual or foreign entity wishing to enter our territory must get permrission from the Governor General of
8) We brought this constitutional jurisdiction issue before the U.S. Supreme Court. See No. 05-165: 2005. In the Supreme Court of the United States in re: Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh, Non-party, Petitioner/Movant/Appellant, The Canadian St. Regis Band of Mohawk Indians, Plaintiffs, Respondents, v. The State of New York, Defendants, Respondents. Petition for Writs of Certiorari and Quo Warranto with Prohibition and Mandamus in Aid to Prevent Genocide. Rules 17.1 and 20.1. (Attached)
9) The Canadian and U.S. Constitutions respect that relations with us shall be conducted on a nation-to-nation basis. Enbridge, federal and provincial governments do not supersede this constitution-to-constitution relationship between our nations.
WE THE WOMEN TITLE HOLDERS OF THE ROTINONHSONNION:WE ACCORDINGLY RESPECTFULLY DEMAND THAT:
a) Enbridge and your associates immediately vacate your illegal presence on our land. According to UNTS No. 1021, Article 2, Section C, you are “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”. Under this convention your company is attempting to commit genocide and can be so charged.
b) In 1982
c) After the April 20th attack on our people at Six Nations by the Ontario Provincial Police, the Indian Act band council voted to turn land issues over to the people and the Confederacy chiefs of our traditional government.
FOR THE ABOVE REASONS, WE, THE WOMEN TITLED HOLDERS ON BEHALF OF THE PEOPLE OF THE ROTINONHSONNION:WE – IN ORDER TO PROTECT OUR PHYSICAL INTEGRITY AND OUR LEGAL RIGHTS – ORDER THE FOLLOWING:
i) Enbridge immediately withdraw from our land as we never gave permission as required under both our law and international law;
ii) Canada deal with us on a nation-to-nation basis and uphold its committment to ensure that all unresolved issues are determined in conjunction with a mutually agreed third party;
iii) An open and public process of dialogue between our nations must be started so that we can reach solutions by consensus. The Rotinohsonnion:we will no longer tolerate the violations of our constitution, ancient customs, traditions and agreements. We will not tolerate
iv) Should Enbridge disregard our demands and continue to deliberately breach our rights, then you will force us to take the necessary measures to correct the injustices that have been committed against us.
v) For over 200 years
Rotinonhsonnion:we Women Title Holders
By Kanion’ke:haka Women Title Holders
Contact: Kahentinetha, %
Enbridge Gas Distribution Inc.
Queen Elizabeth II;
Prime Minister of
Ministry of Natural Resources;
Department of Justice
Attorney General of
Attorney General of
Department of Finance
Indian Affairs; Six Nations Confederacy;
Mohawks of Wahta, Six Nations, Tyendinaga, Akwesasne, Kahnawake, Kanehsatake, Ganienkeh and Kanatiohareke;
Stock Exchanges of