Tuesday, 22 January 2013


This Is Not Legal Advice Or Counsel

Without Prejudice : Governments enter into treaties under similar  criteria to simple contracts : (a) parties with legal capacity have a meeting of the minds : purpose; and, (b) there is an exchange of value consideration : tangible assets / fiat money; and, (c) there is an agreement of the jurisdiction of law : dispute resolution.
Peace and Friendship Treaties :The obligations under treaties are guided by international law, unless expressly determined to the contrary in that specific document - but, will be held accountable at the international bodies to which those parties hold membership and have agreed to be encumbered by the declarations and jurisprudence of those bodies [i.e., International Court of Justice, OAS Inter-American Human Commission on Human Rights and Court; the European Court of Human Rights]. And, therein, a wide range of customs and traditions are accommodated within these binding agreements. The United Nations Treaty Collection is provided through its Charter stipulations.

Under the prevailing claim in the Elizabeth II corporate Canada, the 1953 Coronation Oath may have jurisdiction; wherein, there is a specific undertaking of the monarch to : " GOD SAVE QUEEN ELIZABETH.  Then the trumpets shall sound.

IV. The Oath

The Queen having returned to her Chair (her Majesty having already on Tuesday, the fourth day of November, 1952, in the presence of the two Houses of Parliament, made and signed the Declaration prescribed by Act of Parliament), the Archbishop standing before her shall administer the Coronation Oath, first asking the Queen,
Madam, is your Majesty willing to take the Oath?
And the Queen answering,
I am willing,
The Archbishop shall minister these questions; and the Queen, having a book in her hands, shall answer each question severally as follows:
Archbishop: Will you solemnly promise and swear to govern the Peoples of the United Kingdom of Great Britain and Northern Ireland, Canada, Australia, New Zealand, the Union of South Africa, Pakistan and Ceylon, and of your Possessions and other Territories to any of them belonging or pertaining, according to their respective laws and customs?
Queen: I solemnly promise so to do.
Archbishop: Will you to your power cause Law and Justice, in Mercy, to be executed in all your judgements?
Queen: I will.
Archbishop: Will you to the utmost of your power maintain the Laws of God and the true profession of the Gospel?
Will you to the utmost of your power maintain in the United Kingdom the Protestant Reformed Religion established by law?
Will you maintain and preserve inviolably the settlement of the Church of England, and the doctrine, worship, discipline, and government thereof, as by law established in England?
And will you preserve unto the Bishops and Clergy of England, and to the Churches there committed to their charge, all such rights and privileges, as by law do or shall appertain to them or any of them?
Queen: All this I promise to do. "

"ASSIMILATION" :In Canada, First Nations  on reserves were enfranchised without having to divest of indigenous rights in 1960. The last Indian Residential School was closed in 1996. Today, 60,000 Indian Day Scholars are entitled members in a $15-Billion proceeding Class Action for victimization settlement. The Report on the 1996-97 Canada Royal Commission on Aboriginal Peoples (1) (2) (3) ... And, today, the continuing task of the Canada Truth and Reconciliation Commission ... while IDLE NO MORE rises ...

HENCE, there is the general appearance of historical "treaties" over 250 years being under considerable review and reconsideration; examining the present day malaise; and, witnessing the record of evident failures in the process.
The Canadian case book on colonization and assimilation is, by global comparison, not abnormal.
But, is it acceptable. And, if there is compliance failure - What Are The Remedies ?

The Canada / Turtle Island North indigenous Peoples and the Crown legacies are reasonable to examine as a comparison to those similar events in other countries and territories where occupation became settlement by colonizers; and, indigenous Peoples lost rights to land and resources in the ensuing process of paradigm shifts in governance.

HENCE, a Study of Colonial Treaties in North America / Turtle Island North is developed herein; to serve the purpose of establishing the Protocol to examine Treaties globally between indigenous Peoples and colonial parties (other governments, companies, churches, et cetera).

West Coast
East Coast