Open Letter To The Algonquin Nation 09

Kichesipirini Algonquin First Nation

By Honouring Our Past We Determine Our Future

June 2, 2009 Open Letter to the Algonquin Nation Re: Formal Registration of Communications by International Criminal Court As Submitted by Kichesipirini Algonquin First Nation Most Recent Submission Calling For Equitable Decolonization Process For Indigenous Peoples







The Kichesipirini Algonquin First Nation Leadership was Mandated to Never Relinquish International Rights or Submit to Domestic Policy The Kichesipirini Algonquin First Nation Leadership was Mandated to Pursue International Intervention For the Kichesipirini on Behalf of the Kichesipirini, the Traditional Algonquin Nation and Indigenous Peoples The Kichesipirini Algonquin First Nation Leadership Repeatedly Invited Other Algonquin Representatives in Such Actions The Kichesipirini Algonquin First Nation Now Has Taken the Aggressive Actions It Warned of Against All Those That Attempt to Block Kichesipirini Jurisdiction on Behalf of Indigenous Peoples

Kichesipirini Position Protected Internationally and Within Constitution The Kichesipirini Algonquin First Nation is the uncontested political and economic centre of the larger Algonquin Nation. The Kichesipirini Algonquin First Nation, having never relinquished any authority by coming under domestic policy still maintains the accredited right to articulate regarding matters of international concern directly to those bodies responsible for international law and policy development. Having recognized that any agreement to take action through domestic policy, such as court proceedings, harvesting agreements, economic development and co-management agreements or land claim negotiations will be interpreted, legally, in accordance to international law, as having relinquished rights and sovereignty the Kichesipirini has refused any such participation.




It must be stressed that any participation with the Canadian or provincial “State” is a legal agreement to give up international rights.




International law still recognizes and protects the rights of the Kichesipirini and the Algonquin Nation; this is proven by the acceptance of Kichesipirini submissions.




The international laws that recognize the Kichesipirini and the Algonquin Nation recognize that all persons of Algonquin descent are equal.




Application of blood quantum measures is internationally illegal.




The international laws that recognize the Kichesipirini and the Algonquin Nation recognize that all persons of Kichesipirini descent, regardless of location, deserve international representation.




The international laws that recognize and protect the rights of the Kichesipirini Algonquin First Nation do not apply to all Algonquin communities in existence.




The international laws that recognize and protect the rights of the Kichesipirini Algonquin First Nation do not apply to those contemporary communities entering into agreements with the federal or provincial governments, are under domestic policy such as the Indian Act, or have entered into agreements with registered corporations.

In order to best protect the interests of the Algonquin Nation the Kichesipirini has spent years now presenting facts and identifying irregularities and corruptions within Canadian domestic policy and the administering power currently known as the “State” Canada. Many of these actions are also in breach of its own Constitution eroding the “State’s” legitimacy. The Kichesipirini has been active in developing relationships with other Indigenous Peoples from Canada and around the world who are equally impressed by the unique Algonquin situation and how it can in fact be used as an opportunity to further justice for all Indigenous Peoples. For the last two years the Kichesipirini have been active participants in United Nations institutions, including;






United Nations Permanent Forum of Indigenous Peoples, The United Nations Department of Economic and Social Development, The United Nations High Commissioner of Human Rights, The United Nations Special Rapporteur on the Situation Human Rights and Fundamental Freedoms of Indigenous Peoples, and The Evidence Unit of the Office of the Prosecutor for the International Criminal Court.

The International Criminal Court is mandated to investigate and prosecute crimes against humanity such as; genocide, persecution and discrimination. The official acceptance of Kichesipirini submissions concerning such violations allows the Kichesipirini to name individuals, including government representatives as perpetrators. The attempt to use “following

domestic law” or orders from a superior cannot be used as a defense, meaning all government agents or civil servants not recognizing the rights and jurisdiction of the Kichesipirini can be named, investigated, and held personally liable. It should be noted that Principal Sachem, Paula LaPierre now participates as a member of;





the United Nations Global Indigenous Women’s Caucus, United Nations North American Indigenous Caucus, Department of Economic and Social Affairs United Nations Integrated Civil Society Organizations,

and is actively involved in the dissemination of important information throughout Canada and internationally. The Kichesipirini Algonquin First Nation is also registered now as an Indigenous Peoples Organization with the United Nations and Paula LaPierre, Principal Sachem of the Kichesipirini, after years of submissions of documents is also officially listed as nation representative and can access and submit directly with various United Nations bodies and international organizations. In recent submissions LaPierre has commented; “As has been consistently stated a land claim process cannot be used as an underhanded means of robbing a still sovereign nation of their unique opportunity to access the international systems of international law for their most valuable recognition so that a few may profit, or the majority lose forever rights that have not been explained to them. Such a process is criminal. Such a process is being presented, forced, pushed through, on the Algonquin Nation, through undue influence and shabby cronyism. The “Rule of Law” must prevail here.” Highlights of Submissions Presented By Kichesipirini Algonquin First Nation


It must be noted that throughout history various ingenious measures for weakening or destroying political, social, and cultural elements in national groups have been committed, especially against traditional Indigenous Peoples.




Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with aim of annihilating the groups themselves.'




We, the Kichesipirini, an Indigenous Peoples, are still in the presence of that crime.




We, the Kichesipirini Algonquin, contend that those actions directed against the Kichesipirini, because of their distinct and unique role and responsibilities within the larger Algonquin collectivity and broader polities of the Indigenous Peoples, actually constitutes genocide against the larger traditional Algonquin and Indigenous Peoples polities as well.




“Essentially the idea of a nation signifies constructive cooperation and original contributions, based upon genuine traditions, genuine culture, and a well-developed national psychology. The destruction of a nation, therefore, results in the loss of its future contributions to the world.




It must be understood then that those current administering state policies affecting Kichesipirini, especially those discriminating against Kichesipirini for refusing to relinquish title, relinquish jurisdiction through co-management agreements, or come under registration of discriminatory identity and demographic manipulations constitutes genocide.




The Kichesipirini, despite continuing to exist, have been “administratively” exterminated or destroyed as a distinct polity, by British and Canadian policy through a variety of sophisticated machinations. But despite such tremendous opposition our ancestors proudly remained and endured, and as their descendants we inherit their inalienable and inherent rights.




Significant numbers of individuals that actually descend and qualify to be identified as natural Kichesipirini citizens are lured away from their actual identity and heritage in order to access much needed government sponsored social services and to be included as beneficiaries in some undefined capacity in the negotiations process.




Individuals are forced to make decisions regarding inherent Aboriginal identity and rights based on propaganda, or one-sided presentation of events and identity, generated by the administering state and its dependent cohorts.




Various techniques of disinformation, intentional vagueness, half-truths, labeling, oversimplification and numerous other methods of information control consistent with domestic policies of the administering state have been used to alter the Indigenous peoples understanding of their historical identities and associated rights within the international legal arena and instead replace the facts with generated fallacies that systematically divide, demoralize and oppress the Indigenous Peoples.




Those bodies, institutions and persons most responsible for the dissemination of culture and law, and most responsible for the preservation of collective identity and historical record, such as the Kichesipirini, are usually specifically and deliberately targeted.




Through the creation of artificial social processes and the resulting generation of artificial societies the traditional Algonquin Nation has been wrongfully divided and persecuted. These divisive actions can therefore be considered to constitute genocide of the traditional Aboriginal society and is a crime.




The territory and jurisdiction of Kichesipirini Algonquin First Nation, Kichi Sibi Anishnabe, Canada, is a territory still of the colonial type but one in which the

Indigenous Crown has never freely or voluntarily ceded Title, Jurisdiction or Sovereignty, and is therefore, according to international law, still sovereign.


The actual Sovereign of Canada was racially, discriminately, and administratively barred from participation of the colonial and continuing colonizing administrations taking place within its own territory and jurisdiction. Although still the Sovereign in law, we have been neutralized through administration and flawed international legal institutions.




The International community is also required to exercise the responsibility to protect, especially regarding breaches of human rights and crimes against humanity. The Algonquin Nation has a long documented record of genocide, discrimination and persecution; all crimes against humanity.

The Shared Responsibility To Protect “Moreover, it is an offence to all peoples of the world, a brutal reminder that discrimination against indigenous peoples is entrenched in modern geopolitics, and a cover-up of the extreme predicaments…”( Les Malezer, Chair of the Indigenous Peoples’ Caucus, United Nations, Press Conference, July 17, 2007.) The responsibility to protect embraces three specific responsibilities, those being;




The responsibility to prevent The responsibility to react The responsibility to rebuild

The International community and the “State” are legally required to prevent such crimes as those being committed against the Kichesipirini, which are then reflective of violations against all Indigenous Peoples. If there is appropriate failure to prevent by a State then the international community must react. That reaction must be reflective of the principles now set out in the United Nations Declaration on the Rights of Indigenous Peoples.


It must be understood that the Kichesipirini have internationally claimed adherence to the United Nations Declaration on the Rights of Indigenous Peoples.




And that such implementation is not dependent on State approval.




It must be further understood that the obligation to rebuild is consistent with the provision of resources and compensation.

Because of the unique nature of Traditional Aboriginal Title and Sovereignty being sui generis emerging law regarding compensation has determined that “normal” compensation law is insufficient and that the most appropriate governing principle states;


The scale of compensation in native title should err on the side of generosity because the importance of rights to land for Indigenous people.

Lack of Appropriate Legal and Judicial Remedy Adherence to and reliance on the domestic legal system automatically erodes Indigenous rights.


It must also be noted injustice has occurred through failure on the part of those involved within the judiciary system and failing to adequately inform clients how reliance on domestic courts can have negative implications regarding international law, especially within unceded territory, and continuing in practice in unceded territory without responsibly advising clients of the complications, judicial representatives place themselves in a precarious legal situation.




All individuals of Aboriginal descent, and all persons of potential Kichesipirini natural citizenship should be adequately informed of the negative consequences associated with relying on domestic legal systems and the full negative affect such reliance can have on their potential international rights.




We contend that it is part of the responsibility to protect of any sovereign, and the international community, to fully inform how these circumstances can be interpreted from an international legal perspective, and to work diligently to ensure equitable systems are developed and accessible.

Without the Existence of Appropriate Institutions There Can Be No Free, Prior and Informed Consent


Of fundamental importance in such situations then would be the specific assurance of the clear and uncompromised exercise of free, prior and informed consent being exercised by both Aboriginal polities; those choosing through self-determination to integrate with the state and therefore relinquish sovereignty, and those refusing, and therefore implementing self-determination in the choice of maintaining and protecting their inherent right to sovereignty as Indigenous Peoples, either as an independent sovereign or associated sovereign.




We would request then, that while dependent on the shared history of colonialism, as well as a shared history of similar negative consequences, that because of both legal and compassionate reasons, that the Indigenous Peoples be given the equal opportunity to begin a process of examination of our colonial type history.




Through sophisticated policies of duplicity and outright fraud the administering Canada state has systematically sabotaged the legitimate aspirations of Aboriginal people, particularly the traditional Aboriginal communities, while simultaneously giving the appearance of reconciliation and meeting international treaty and convention requirements.




It is our understanding that in the international community we are considered to have the right to have access to and prompt decision through mutually acceptable and fair procedures for the resolution of conflicts and disputes with the administering state, as well as to effective remedies for all infringements of our individual and collective rights. We also understand that such a decision shall take into consideration the customs, traditions, rules and legal systems of the Indigenous Peoples concerned.




Numerous international documents state that the United Nations; Reaffirms its determination to continue to take all steps necessary to bring about the complete and speedy eradication of colonialism and the faithful observance by all States of the relevant provisions of the Charter, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the Universal Declaration of Human Rights.




We hereby request, based on the principles and articles outlined in the United Nations Declaration of Rights of Indigenous Peoples, (13 September 2007) that those organs and specialized agencies of the United Nations systems and any other appropriate intergovernmental organizations responsible for ensuring the realization of the rights of the Declaration be made available to the Kichesipirini Algonquin / Kichi Sibi Anishnabe, Algonquin Nation, Canada situation, as the inherent rights of an Indigenous Peoples.




We, as Indigenous Peoples, have continued to establish a prima facie case of geographical and ethnical or cultural distinctiveness and territory therefore possessing the right to equally insist that an international obligation exists to begin a decolonization process.




Whereas the international community recognizes the need for the speedy and unconditional end of colonialism or colonization in all its forms and manifestations, and that all peoples have the right to be free from alien subjugation, domination, and exploitation.




As part of the formal recognition and inclusion of Kichesipirini as Indigenous Peoples within such plans and processes there then is the requirement that the resources necessary for the efforts be made available. To ensure then that the systemic repressions and oppressions do not succeed there must then be a concerted and deliberate effort to ensure that all peoples are informed regarding the issues of international law, colonialism, and decolonization.




It must be recognized then that the British Crown, even while attempting to be known as the Crown of Canada, has no legal jurisdiction then within Kichesipirini Algonquin First Nation, Kichi Sibi Anishnabe, Algonquin Nation, Canada, territory or jurisdiction, as other than as a possible protectorate then under the principles of international law and laws of nations, and that as such cannot unilaterally usurp that title and jurisdiction belonging to the legitimate sovereign originally seeking protection as long as that sovereign can continue capable and qualified assertions.




Continued examination of the spectrum of options for self-determination by all parties concerned and dissemination of relevant information among the peoples of the Non-SelfGoverning Territories are important elements in achieving the goals of the Declaration on the Granting of Independence to Colonial Countries and Peoples and of the plan of action, whereas it must be underscored the importance of education, awareness-raising, and continued dialogue on self-determination and decolonization issues aimed at and involving the people of the Non-Self-Governing Territories, inclusive of such appropriate Indigenous Peoples such as the Kichesipirini.




It must also be recognized that Non-Self-Governing Territories, inclusive of such qualified Indigenous Peoples such as the Kichesipirini and affiliated Algonquins, should be given access to relevant United Nations programmes in the economic and social sphere, including those emanating from the plans of action of United Nations major summits and conferences, in furtherance of capacity-building and consistent with the necessary preparation for the attainment of a full measure of self-government.




And whereas the Kichesipirini Algonquin First Nation, Kichi Sibi Anishnabe, Canada, has initiated processes within our territory and jurisdiction, free of sovereignty dispute, that there be made available such premises equipped to facilitate such processes free of discrimination and conflict, and that would protect the international character of the Kichesipirini, the Algonquin Nation, as an Indigenous Peoples.




Also reaffirms that, in the process of decolonization, and where there is no dispute over sovereignty, there is no alternative to the principle of self-determination, which is also a fundamental human right, as recognized under the relevant human rights conventions.




By employing traditional Indigenous values as the foundation of research exploring identity and native political history evidence surfaces proving the Aboriginal peoples as founding peoples of Canada, long before Confederation, worthy of full legal recognition and just compensation according to conventions and principles of international law.

Kichesipirini employs as foundations in their research methodology completely independent of domestic influence and relies on the two fundamental pillars of Indigenous law and identity;



Genealogy, and Geography

Aboriginal nations were established and maintained through positive kinship relations and territorial attachment, title and jurisdiction. Contrary to colonial myth Kichesipirini history proves;


Traditional Aboriginal nations were autonomous nations, usually organized in systems of federation,




Traditional Aboriginal nations exercised various forms of land tenure systems,




Traditional Aboriginal nations were inclusive and citizenship was adaptive and dynamic,




Traditional Aboriginal nations exercised self-determination in various economic activities, including Treaties amongst each other, for the continued prosperity and selfpreservation of their nations,




Traditional Aboriginal policies were diverse, holistic and intergenerational covenants inclusive of spiritual obligations to the Creator, ancestors, descendants and the environment.

The Kichesipirini contends that all Canadian domestic policy is intentionally designed to eradicate, abrogate and derogate the strongest of inherent Aboriginal rights replacing them with lesser benefits determined by the Crown and corporate agents.


The opportunity we offer would be equitable, reasonable, understandable, accountable and in the public interest.




The promotion of these rights is of no threat to private property holders.




A comprehensive and contextual examination of the actual historical record, inclusive of those nations colonizers would prefer not exist, such as the Kichesipirini, clearly demonstrates that Traditional Aboriginal Title and Jurisdiction outside the confines of domestic policy and recognized internationally as Kichesipirini is insisting on, are of no threat to the common interests of the Canadian nation, and are in fact Constitutionally protected, but do challenge the unfettered agendas of globalization and asserted jurisdiction to natural resources by multinational corporations and the associated elitist profiteering.

Have You Been Adequately Informed?


Before Comprehensive Land Claims began were you first informed about international law and how your rights could be negatively affected by land claim negotiations?




Was it explained to you what “inherent and inalienable” means?




Before entering into a negotiations process were you ever given information about important case law from around the world?




Was it explained to you that as a descendant of a person of Aboriginal ancestry that you had equal rights to all other such persons according to international law and that it is only domestic policy that robs you of those rights?




Were you taught about the differences between international rights and domestic policy in a way that you could easily understand?




Was free, prior and informed consent ever explained to you?




When you attended meetings was the United Nations Declaration on the Rights of Indigenous Peoples ever mentioned?




Were copies of it ever made available to you so that you could decide how it could be used for your benefit?




Was the term “existing Aboriginal rights” ever explained to you and the fact that the Canadian Constitution does not only protect the rights of Indian, Inuit or Metis?




Were you ever informed that Indian Act status or living on a reserve does not provide special rights or privileges but actually erodes international rights?




Have you ever had legal recourse regarding your Indigenous rights that did not involve professionals or systems under the jurisdiction of the United Kingdom Crown?




Were you ever made aware that the first mixed peoples in the Ottawa Valley were known as Canadians and not Metis?




Were you aware that many of our Aboriginal Canadian relatives, when trying to have the illegal occupation by the British Crown ended in the 1800s, were illegally hung or exiled?




Were you ever taught that many of your relatives were made political prisoners and exiled to Exile Bay or Canada Bay in Australia?




Did it seem that your relatives or families were reluctant to talk about their native backgrounds?




Have you been given free access to your native ancestral information, including their involvement in the establishment of Canada before 1867, or have you had to struggle to get it, and even then it is not comprehensive of all the historical events?




Have you since learned that much of what you learned about Canadian history, especially about your Aboriginal ancestors, is not accurate?




Have you ever been given access to information regarding the economic systems that were practiced by the different Aboriginal or Indigenous Peoples and how economics influenced their self-determination and identity?




Do you feel pressured to identify as Metis to access programs and services even though the actual historical documents regarding your relatives prior to British Crown

assertions identify them as Canadian, French-Canadian, Native, mixed-blood or halfbreed?


Have you been given free access to these documents or have you relied on a government employee, contemporary community representative, or service agency to interpret your Aboriginal identity for you?




Are you aware that currently all government representatives, judges, lawyers, civil servants, and employees have been dependent on acting in the best interests of the British Crown?




Without the continuing exploitation of Canadian natural resources what natural resources does the United Kingdom have access to?




Have you been informed when you identify as Metis to access resources or services that the Metis are recorded as stating they are a people in allegiance to the British Crown and as such have relinquished their international rights?




Are you informed regularly about the important changes happening internationally that could affect your future and the future of generations to come?




Have you ever felt fearful for your economic security, job, access to health services, schooling for your children, or your own personal safety if you were to choose an Aboriginal identity that was different from what was being presented?




Has colonization and decolonization been explained to you before entering into a negotiations process?




Has the differences between domestic policy land claim negotiations and international treaty ever been explained to you by someone not sworn in allegiance to the United Kingdom Crown?

If you are interested in learning more about the international efforts and actions being taken by the Kichesipirini Algonquin First Nation and how you or your community could participate or benefit please contact; Paula LaPierre, Principal Sachem, Kichesipirini Algonquin First Nation, Still Sovereign, Kichi Sibi Anishnabe, Canada At; [email protected]

Kichesipirini Algonquin First Nation

By Honouring Our Past We Determine Our Future [email protected]