TURTLE ISLAND

Please note that this Notice that was delivered by Mr. Swinwood was one that is given to the Crown (both the Federal and Provincal) if one is intending to sue them. This is a procedural step that is taken pursuant legislation affecting proceedings against the Crown. The document is not issued by any Court and it does not represent a formal proceeding. It is merely notice by the lawyer for those individuals described in the document of the intention of commencing an action.... which may or may not happen. I will not comment on the possible "Class Proceeding" that is described within the notice except to point out that the author of the document proposes to seek to enjoin the Crowns from facilitating the ANR elections... which as anyone knows who practices in the area cannot be done - you don't enjoin the Crown.

I would like to point out that the ANTC and PikwÓkanagÓn are in agreement
to descent only with no blood quantum and cannot in anyway be held in
complicity to genocide in the application of the ARN election process.

In my honest opinion, the core group of these dissenting people are 
hunters that believe they have aboriginal rights to harvest animals whenever
they choose, with no regard to conservation or Algonquin values.
- Chief Patrick Glassford

SUPERIOR COURT OF ONTARIO

 BETWEEN

Daniel Lynden Sarazin, Robert W. Lavalley, Clayton Powers,
   
                     Randy Cota, Robert Whiteduck, Jane Chartrand, Heather Majaury,
   
                     Allan Turcotte, Denis Vaillancourt, Victor Ross, Bob Brunet,
   
                     Tom Brunnet, Grant Tusic, Ken Duff, Wayne Lance, Deb Kalaga,
   
                     Mike Suchy, Wileed Antoine, and other Algonquins of the Algonquin
   
                     Nation of Ontario and Quebec (to be identified in a class action)

Plaintiffs

 AND

                        Her Majesty Queen Elizabeth II
   
                     The Attorney General of Canada
                        The Attorney General of Ontario
   
                     The Chief and Band Council of  Pikwakanagan
                        The Minister of Indian Affairs and Northern Development
   
                     Federal Interlocutor for Metis and Non-Status Indians
   
                     A.N.T.C./ANND Corporation
   
                     Ministry of Natural Resources (Ontario)

NOTICE OF CLAIM

(pursuant to S. 7(1) of the Proceedings Against the Crown Act, R.S.O. 1990, Chapter 27)

Please be advised that the Algonquin Nation of Ontario and Quebec, through the named representatives as Plaintiffs above and those to be added to the class, in an intended class action on the tort of genocide (more particularly outlined in Appendix AA@) arising out of the on-going consciousness of genocide displayed by all levels of government towards the Algonquin Nation, exemplified by the course of action adopted by the Ontario government and implicitly endorsed by the federal government and Her Majesty the Queen, in the meeting chaired by Robert Potts of Blaney McMurty on November 30, 2004 at the Best Western Inn,  Bancroft, ON, between the hours of 7:00 and 10:00 p.m.

 

And this shall serve as the intended Plaintiffs= Notice of Class Action pursuant to Section 7(1)
of the Proceedings Against the Crown Act, R.S.O. Chapter P. 27 by their solicitors identified herein.

 ALL OF WHICH IS RESPECTFULLY SUBMITTED.

 DATED at Almonte, ON, this 7th day of December, 2004.

  

 

__________________________

Michael Swinwood
   
                                                                                 Barrister & Solicitor 

346 Waverley Street
   
                                                                                 Ottawa, ON    K2P 0W5 

Telephone:  (613) 563-7474
   
                                                                                 Facsimile:   (613) 563-9179 

Solicitor for the Plaintiffs

 

APPENDIX AA@

 

 A.  Convention on the Prosecution and Punishment on the Crime of Genocide:9 December         1948 (Athe Convention@), General Assembly of the United Nations

 

Resolution 96(1) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world

 Article 2

 In the present Convention, genocide means any of the following acts committed with intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such 

1)               killing members of the group;

2)               causing serious bodily or mental harm to members of the group;

3)               deliberately inflicting on the group conditions of life calculated to bring about is physical destruction in whole or in part;

4)               imposing measures intended to prevent births within the group.

  

Article 3

 The following acts shall be punishable: 

1)               genocide;

2)               conspiracy to commit genocide;

3)               attempt to commit genocide;

4)               attempt to commit genocide;

5)               complicity in genocide 

Article 4 

Persons committing genocide or any of the other acts enumerated in Article 3 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

 B.  Circumstances giving rise to the tort of genocide as against the members of the           Algonquin Nation

 As the crime of assault is a criminal matter and also actionable in the civil context, so is the crime of genocide actionable as the tort of genocide.  The principles enunciated in the above United Nations Treaty on Genocide have all been violated by all levels of government in Canada, from the killing of Louis Riel and countless other native people, up to and including the killing of Dudley George at Ipperwash, Ontario, residential school abuses, sterilization of Indian women and the on-going infliction of mental harm on the Algonquin Nation in the present land claim conducted by the Province of Ontario and the Federal Government.

The wrongdoings which centre around the violation of Article 2 (A) and (C)  of the Convention, which will be addressed by the Plaintiffs which include some of the following: 

1.               Chief and Band Council of Pikwakanagan are created by the Federal Indian Act and are thus agents of the Federal Government and therefore cannot represent members of the Algonquin Nation.  The mental harm inflicted on the members of the Algonquin Nation by virtue of this apartheid like condition cannot continue and the government imposed Algonquin Enrolment Law creates a favoured position for the Chief and Band Council of Pikwakanagan. 

2.               The imposition of an electoral process, contrary to the traditions and customs of the Algonquin Nation, creating something called the Algonquin Negotiation Representative, is inflicting conditions of life on the group calculated to bring about its physical destruction, which naturally flow from a conspiracy to limit the eventual land base and deprive the group of their natural hunting and fishing territories upon which the group has depended since time immemorial for its  continued growth and survival; 

3.               By excluding members of the Algonquin Nation, composed of Algonquin people form the Province of Ontario and Quebec, those involved in the present land negotiation process in Ontario, become complicit in the long term strategy of all levels of government to continue to divide and conquer all native people in the territory known as Canada. 

4.               By providing funds to Algonquin people who have no authority to act on behalf of the Algonquin Nation, with no proper financial accountability to the members of the Algonquin Nation thereby creating an atmosphere of severe mental stress to the group requiring an immediate accounting for the use of those funds. 

C.  Circumstances relating to the Ministry of Natural Resources 

1.               By virtue of the relationship between the Ministry of Natural Resources and the Ontario Federation of Anglers and Hunters, the Province of Ontario has offended its constitutional obligation to recognize and affirm Aboriginal rights, and has embarked on a course of action which denies and negates the Aboriginal rights of the Algonquin Nation in the Province of Ontario.

2.               The federal government is complicit in this failing of constitutional obligation as set out in S. 35 (1) of the Constitution Act, by allowing the chief and band council of Pikwakanagan to adopt an Algonquin Nation Law which simply replicates elements of the Ministry of Natural Resources laws and regulations, all designed to deny and negate Aboriginal rights in unceded Algonquin territory, protected by the Proclamation of 1763,

 

D.  Relief which will be sought include, but is not limited to, the following: 

1.               Declaration of sovereignty of the Algonquin Nation;

2.               Injunctive relief to enjoin further negotiations as presently structured and outlined at
            the November 30th, 2004 meeting;

3.               13 Billion dollars in damages;

4.               Comprehensive land claims, including the traditional Algonquin territory;

5.               Funding to pursue litigation; and

6.               Costs of this action.

 All of the issues identified above were enunciated in the meeting at Bancroft, Ontario on November 30th, 2004 and should serve as sufficient particulars to allow the Attorney General of Ontario to investigate this claim.

 On behalf of my clients I am prepared to provide any additional particulars that may be requested. 

DATED at Almonte, Ontario this 7th day of December, 2004.

 

Michael Swinwood
   
                                                                                 Barrister & Solicitor

346 Waverley Street
   
                                                                                 Ottawa, ON    K2P 0W5
   
                                                                                 Telephone:  (613) 563-7474
   
                                                                                 Facsimile:   (613) 563-9179
                                                                                    Solicitor for the Plaintiffs

 

Turtle Island

Page created by: muckwa
Changes last made on: January 13, 2005.