“Our Nations have never accepted the taken up clause that says we ceded, surrendered, and released our ancestral lands. Who in their right mind would agree to cede their ancestral lands? Certainly not my ancestors. It is a lie that Canada promotes to continue with their genocide. The only purpose for which land could be “taken up” was for immigration & settlement. Settlement does not mean forestry, pipelines, mining, etc.
In 1930 NRTA, the dominion gov’t ‘transferred all crown lands over to the province’ but the crown had already stolen our lands. “The lands belong to the province SUBJECT to any TRUSTS existing in respect thereof, and to any interest other than that of the Crown in the same”. The transfer of lands to the province is subject to any Trust existing in respect thereof and to any interest other than that of the Crown in the same (The ‘Indians’ still have the interest in the lands and there’s a Trust responsibility of the Crown to pay for it). This is also in section 109 of the BNA Act 1867-all lands, mines, minerals, and royalties belonging to several provinces are subject to any TRUST existing in respect thereof and to any INTEREST other than that of the province in the same.
The Queen has 2 orders admitted into the union on June 23, 1870- The Rupert’s land order and the North West Territories order (an order that says lands must be compensated for before it becomes a part of Canada). This is in the Canadian Constitution.
Treaty trumps Canada, Treaty has more power than Canadian laws. In section 52.1 of the Constitution act, it states: The Constitution of Canada is the Supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution to the extent of the inconsistency is of NO FORCE OR EFFECT. Section 52.2 is about the schedule to the constitutional Act 1982- The Rupert’s land order and Northwest Territories orders by the Queen of 1870 “and furthermore that, upon the transference of territories in question to the Canadian government, the claims of the Indian Tribes to compensation for lands required for purposes of settlement in conformity with the equitable principles which have uniformly governed the British Crown in its dealings with the Aborigines”. In the numbered Treaty, Queen Victoria said: mandate Treaties will be negotiated; in my name and under my supervision; for the sole purpose of immigration and settlement (no mention of resources); compensation must be paid; The Treaties will be just and equitable… The Queen’s orders were imperative and Canada must obey them. The validity of the gov’t’s conduct is open to challenge.