Love for Life

From: "orakwa"
Date: July 13, 2008 5:48:05 PM PDT (CA)
To: <"Undisclosed-Recipient>
Subject: MNN Katenies State Kidnapping - What Is The Law?

KATENIES’ KIDNAPPING BY CANADIAN BORDER GUARDS: WHAT IS THE LAW?
For MNN by Ieriwa'on:ni

MNN. July 13, 2008. Kidnapping is the forcible abduction
and carrying of a person from their own country to
another, according to English common law. It is the
source of the laws of both Canada and the United States.
Kidnapping happened to Katenies on June 14th, 2008.
When she presented herself at the border controls that
Canada has placed in the middle of the Akwesasne
community, she was moving from one part of her
ancestral homeland to another. She did nothing to
provoke the assault she suffered.

The car Katenies was travelling in was pulled out of the line
and forced to sit for an hour. We all know how annoying
border guards can be. Katenies did not unravel. She
worked on the New York Times crossword puzzle. She
waited quietly with her companions. They waited, and
waited, and waited. They knew something was up.

Sure enough, a platoon of leather-gloved flack-jacketed
guards suddenly surrounded the car. One said he had a
warrant for her arrest. She pointed out that it was illegal.
She had already been to court. The court did not respond
to the motion she filed in 2004. The guards dragged her
out of the car. She went limp. They threatened to break her
arms, knocked her to the ground and handcuffed her in
front of a row of horrified little kids.

Katenies was then taken away to somewhere in Ottawa.
She was refused a call to her mother. She was told she
could only call a lawyer, someone who had sworn
allegiance to the government that had just assaulted and
kidnapped her.

If this happened to a Canadian at some foreign port of
entry, they could call the Canadian embassy. Someone
from the Department of External affairs would pay a visit.
They would get protection and information about their
legal rights. Katenies had no protection. She was kept
incommunicado.

Why? Because Canada does not recognize Katenies’
traditional government. It will only deal with a council
elected under the Indian Act passed by Canada’s
parliament. What would Canadians say if Mexico refused
to recognize the Canadian government and insisted on
dealing only with some council set up under Mexican
legislation? What a mess!

Katenies was finally released pending a court date set for
July 14th, 2008. As almost everybody knows, kidnapping
is a crime. Stephen Harper has even apologised for the
infamous residential school abductions. Trespassing is
also a crime. The Canadian border control facilities were
plonked in the middle of Akwesasne without the consent
of the people there. Are these trespassers and abductors
going to be called to account?

According to the Supreme Court of Canada the Crown
has a fiduciary obligation to protect “aboriginal people”.
The Crown hasn’t laid any charges for kidnapping or
trespassing. The charge to be dealt with on July 14th
concerns an allegation that Katenies obstructed the border
guards some time back in 2006. There are even rumours
that other charges and court dates have been set without
serving her.

However, there are signs that the Canadian courts are
looking for ways to escape from their embarrassing
colonial heritage. On July 7th, 2008, the Ontario Court of
Appeal saw it has a problem. Ontario’s Mining Act doesn’t
respect the “aboriginal and treaty rights” protected by s.35
of Canada’s Constitution Act, 1982. (See Frontenac
Ventures Corporation v. Ardoch Algonquin First Nation,
2008 ONCA 534
http://www.canlii.org/en/on/onca/doc/2008/2008onca534.html )

MacPherson, J.A. pointed out that when the court has to
balance private interests against “aboriginal rights”, the
Supreme Court of Canada has been saying for twenty
years: There has to be “consultation, negotiation,
accommodation, and ultimately, reconciliation of aboriginal
rights and other important, but at times, conflicting interests”.

He pointed out that the Crown is supposed to act
honourably and ruled that imprisoning and sentencing
“aboriginal” people for objecting to Canadian ways is not
consistent with “conciliatory values”.

Katenies’ case is different from the Frontenac Ventures
case. She has not been formally charged with “contempt
of court”. There is also no balancing of private interests
against “aboriginal rights”. It balances the Canadian state
against the “aboriginal rights” that it is constitutionally
bound to uphold.

Katenies’ arguments that so infuriated past courts
suggest that it is the court itself that is in contempt:

1. for refusing to respect the Two Row Wampum
agreement not to impose foreign laws on the people of
Akwesasne;

2. for failing to respect international law that requires the
informed consent of the majority of a people as expressed
in free and fair elections before it can be absorbed by
another state;

3. of established rules of procedure that require a court to
deal with jurisdictional objections before dealing with
substantive issues.

Katenies is a very brave person. Past experience suggests
that the Cornwall court will be inclined to ignore her
jurisdictional arguments by whatever means it can, by
delays, coercion or obstruction. It is unlikely that she will be
allowed to present her case in a sane and civilized way. It is
unlikely that Canada will deign to present any kind of proof
of its jurisdiction other than the reliance on colonial British
bullying as it has in the past.

The time has come for a change. The Onkwehonwe have the
same right to human equality as everyone else. We have the
same rights to our nationalities, to our property, to freedom
of speech, to freedom of movement, to family life and to
security of the person. Anyone who stands in the way of our
rights is violating the law, even if they are doing so as the
agents of a foreign state.

Canadians need to take another look at their history. The
British were not always bullies. There was a time when they
treated the people of Akwesasne as trading partners and
allies.

The basis of good relations is respect. We have seen too
little of that in the past couple of centuries. Kidnapping is
not conducive to respect. Neither is trespassing. These are
criminal acts and should be treated as such. Decolonization
may seem difficult, but the recent reasoning of the Ontario
Court of Appeal shows that Canada can learn to follow the
law and live with its obligations under the Two Row
Wampum.

Ieriwa'on:ni of Tiotiake, Haudenosaunee Territory

Legal actions will need to be taken to protect our rights. We have no
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actions and suppress our rights. If you can donate anything to
our cause, it will be greatly appreciated. Send it to: “MNN
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J0L 1B0. Nia:en/Thank you very much.

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-----------------------------------------------------------------------------------------------------------------------------

14th July 2008

STONE WALL IN CORNWALL:
WHAT DOES KATENIES ADJOURNMENT MEAN?
WATCH OUT IF YOUR NAME IS “AUDREY”!!!

MNN staff report,14 JULY, 2008. “Bastille Day” came
& went real quiet in Court #2 of the 2nd Avenue Cornwall
Ontario court house. “Delay” & “postpone” was the
menu of the day.

Katenies had been ordered to appear today at 9 a.m. as
a condition of her release after her June 14th kidnapping
and assault by the Canadian Border Service Agency
(CBSA) on Cornwall Island.

Yeah, this is Canada! She has never been served with
documents that explain what she’s been accused of.
Canadian “operatives” are sweating bullets over the
motions she has filed asking for proof of Canada’s
jurisdiction.

The court was minding its manners. Could this be the
result of growing international outrage over this strange
case?

Before Katenies arrived Mike Mitchell’s daughter, Rachel
Thomas, wearing an Akwesasne Police uniform, tapped
Frank Horn, a Kanienkehaka lawyer, on the sleeve and
asked if “Audrey” was coming. “Who’s Audrey?” he
asked.

The colonizers don’t stop at inventing jurisdictions. They
invent names too. As one bystander commented, “What
Onkwehonwe hasn’t had a colonial name forced on them
and refused to use it?”

When asked if he would accept service of the warrant,
Frank said he didn’t have a client named “Audrey”. He
asked if there were any warrants out for the CBSA
officers who assaulted and kidnapped Katenies and
Kahentinetha on June 14th? “Not that I know of”, said
Rachel. After almost killing Kahentinetha, they want to
lay charges on her while she recuperates from the heart
attack they caused!

The moral of the story? Anyone named “Audrey” better
stay away from Cornwall!! They’re out to get ya for
somethin’! [Is Audrey the new Jane Doe?

Not long after Katenies entered the court her number
was called. The room was crowded with her supporters.
Justice of the Peace L. LeBlanc presided. Crown
Prosecutor Ron Turgeon is anxious to make everything
go away.

Though the proceedings were about Katenies, the court
ignored her. LeBlanc turned to Frank Horn instead and
announced that a new court date had been set.

“I object” interjected Katenies, with her hand on the Two
Row Wampum that was draped on her shoulder. She was
sitting halfway towards the back of the room. “I object”,
she said again.

LeBlanc turned to Mr. Horn and asked him to “speak to
the matter”. He explained that Katenies’ position was quite
clear. “The court has no jurisdiction”. LeBlanc said that
jurisdiction must be brought before an Ontario court judge”.
Horn added, “Why weren’t the Indian police charging the
white customs officers for beating the two Mohawk women
half to death in the Indian community? Instead the Indian
police are laying charges against the women on behalf of
the intruding beaters!”

“This court does not have anything to do with determining
whether charges should proceed”, responded LeBlanc
before announcing that a three-hour trial would be held on
October 21st in Alexandria.

“I take exception to that” announced Katenies from the
back of the room. “I do not understand”.

The court continued to ignore her. The prosecutor
announced that he had given a slip of paper to Mr. Horn
with the address of the court on it and that any motion
that was needed could be brought before that date.

Frank Horn pointed out that he was not acting as Katenies
counsel. He had only spoken as a “friend of the court”.

Katenies spoke up again. “I do not understand the nature
and cause of your action”. She was ignored again. So a
court that did not recognize her presence expects her to
appear again in three months to defend herself against
“whatever”.

Katenies found her treatment better. Previously the court
went ballistic when she refused to stand up. The day was
a great make-work project for cops and under-cover agents.
They were on the rooftops, in the toilets, halls and outside
by the door. They took lots of pictures of Katenies’, her
friends and supporters. The cops could find no reason to
provoke any violence this time.

The court got what they wanted, a delay. Katenies and
Kahentinetha are not the only people who have been
harassed and assaulted at the border. At least 275 other
cases are said to have been documented. Canada
customs is hoping to weasel out of accountability for its
criminal violence at a meeting with representatives of the
Long House and the Band Office at the Best Western Hotel
on Thursday. [The Best for them and jail for us]. Are they
getting the Longhouse and the band council to rubber
stamp these charges against the two women?

Since the assault on the two grandmothers has captured
worldwide attention, including reports to the United
Nations, CBSA officers at the Cornwall crossing are
reported to be less aggressive. They can turn their smiles
on and off, even right after trying to kill someone. These
trespassers in our community abuse us openly and show
contempt for the Mohawks.

It is now on the public record that these women were
assaulted and that the Indian police, who were supposed
to protect them, are laying charges against them on
behalf of the illegal border guards.

First hand observations by MNN Staff –
www.mohawknationnews.com katenies20 @ yahoo.com

As can be seen, it’s becoming critical for legal actions to be taken
soon to protect our rights. We have no funds. Canada is hiring
costly law firms to defend their illegal actions and suppress our
rights. If you can donate anything to our cause, it will be greatly
appreciated. Send it to: “MNN Mohawk Nation News”, Box 991,
Kahnawake [Quebec, Canada] J0L 1B0. Nia:en/Thank you very
much.

Complicitors: Phil Fontaineof AFN is a partner in CBSA’s
Sustainable Development Strategy; Chris Kealey, Canada
Customs Excise, Immigration Taxation Board, CBSA Media
Relations 613-991-5197; Alain Joliceour, President CBSA
613-952-3200, 613-957-0612; General inquiries
CBSA-ASFC @ canada.gc.ca; National Aboriginal Initiative,
Canadian Human Rights Commission 204-983-2189,
1-866772-4880 info.com @ chrc-ccdp.ca; Canada Customs
Port of Entry, Cornwall Island Ontario; Gaetan Cousineau,
Quebec Human Rights, presidence @ cdpdj.gc.ca; Akwesasne
Mohawk Police 613-575-2250 ex 2400; Mohawk Security
Louis Mitchell 613-932-5183, 613-575-2340; Lance Markel,
District Dir. CBSA 613-930-3234, 613-991-1214; www.,chrc-ccdp.ca;
Brent Lefebvre Investigator for CBSA; Susan St. Clair,
Canadian Human Rights Commission, 344 Slater, Ottawa
613-995-1151, 1-888-214-1090, 613-943-5188; National
spokesperson CBSA 613-957-6500; Quebec Media Relations
CBSA 514-350-6130; Handling arrest Scott Patterson; Chief
MCA Nona Benedict 613-575-2250 nbenedict@akwesasne.ca;
Minister Stockwell Day, House of Commons, Ottawa K1A 0A6
613-995-1702 day.s @ parl.gc.ca 250-770-4480, days1@parl.gc.ca;
Dave MacKenzie, Parliamentary Secretary, Public Safety,
613-995-4432;Mackenzie.d@parl.gc.ca; Melissa Leclair
Communications Pub. Safety 613-991-2863; OFFICERS:
17012; 16320; 16511; 16121; 16275;