Indian Time - A Voice from the Eastern Door

April 7, 2014

Letter to the Editor

APF SAY NO WAY TO THE PLEBISCITE!

Prior to our court date of March 27, 2014 of Federal Bridge Corporation Limited (FBCL) versus Akwesasne Peoples Fire (APF), the defendants received the Mohawk Council of Akwesasne (MCA) and Grand Chief Mitchell’s brief for the settlement conference by Nathan Richards. This is a charge of civil trespass for the defendants.

The MCA and the Grand Chief were added as defendants in May of 2011. They intervened due to the “Seaway Proceedings” (Federal Court file number T-2210-76) and that if the defendants were found guilty then that would have an adverse effect on the “Seaway Proceedings”. The “Seaway Proceedings” is upwards of 600 million dollars. The OPG settlement was a part of this claim.

During this court appearance, it was the first time that any representatives from the MCA and administration ever appeared. The plebiscite was quickly posted on the website after the hearing. If it was such an important case, why did they not appear prior to this date?

The “Seaway Proceedings” is for the corridor and there is no patent to the land. MCA claims that the land was taken without proper consultation during the expropriation process.

The federal government stated in our last court appearance that they can charge the APF with trespass as they have had control over the corridor for the last 60 years. Using that premise, the APF have been in control since 2009 and prior to the seaway it was controlled by reserve number 59.

The New York Central Railroad had a swath of land that traversed Kawenoke and is currently called the Block One lands. The Department of Transport was returning the land to the reserve with the exception of the land that was to be used for staging for the new bridge and the following comment was made by the Grand Chief’s assistant. She stated that it was all of the land or nothing. How did this person get the power to make a decision or comment of that magnitude?

According to sources within the federal government, the Grand Chief moved the Seaway International Bridge Corporation (SIBC) fence line to build a roadway to the properties in the back of Jocks store. This was done with the SIBC approval. The road was not built on the fence line rather commercial signs were installed. Who is benefitting from the signage? The Grand Chief has also publicly stated that the SIBC building will be his family’s for a dollar once that building is no longer utilized by SIBC.

Why are we spending all of this money for legal fees to fight these land claims if the grand chief and his family are the beneficiaries?

The MCA stated in their brief that they had good faith negotiations with the defendants and Federal Bridge Corporation Limited. There was one meeting in the fall of 2013 with the defendants and at that time the Grand Chief wanted to keep the former CBSA buildings intact.

There was a proposal on the table to remove the CBSA buildings in conjunction with the removal of the APF buildings. The main building was to be donated to the Benedict family to be used as a church to replace the church that had burned. This proposal was not acceptable to the Grand Chief. There were no good faith discussions with the defendants as was claimed in their brief to the court. This was the only consultation that they had with the defendants. This is another example of we will make a decision then tell the people about the decision.

Currently, most of the defendants and their supporters have stated that the MCA has turned what was a shelter during the protest of 2009 to a political issue as the people at the APF building do not agree with the idea of a plebiscite and are not going to abide by any outcome of the plebiscite. The remaining defendants do not want the trespass charge dealt with until the seaway claim is decided.

If the MCA and Grand Chief are so concerned about the “Seaway Proceedings” why have they not spoken directly with those involved with the APF building and the defendants in the court file number 10-586? Respect works both ways and our respect for council has gone out the window. Intimidation and suppression will not work with us. When someone is taking a stand, Akwesasne Mohawk Police use their power to have people arrested. Then we question the strong arming of council to make their members become “good little indians” in their quest for power and control over them.

The Akwesasne Peoples Fire building is still being utilized by a number of community members. It has been used for meals after a funeral, birthday parties, radio bingo, meetings, a place to gather for impromptu social gatherings as well.

It is an alternative site that has been used as a place to gather and discuss issues that arise in the territory. Plans are being made to complete the interior of the building. The removal of the APF buildings will not happen without resistance. It will be a community decision by the people of the APF concerning the future of the APF buildings!

Cordially,

Beverly Pyke defendant