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Open Letter to The Corporation of the City of Brantford and Council

Audio transcript, 17:42 Minutes to Listen.

To: The Corporation of the City of Brantford, Council, Mayor, and Department Staff.

Signed and Dated: July 19, 2017

Dear Council and Mayor.

First and Foremost, According to the Universal Declaration on Human Rights in part Article 15: Right to a nationality: Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 17: Right to own property: Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.

As you may be aware I am of the Mohawk Nation of Peoples. I am NOT a Canadian Citizen or subsidiary thereof.

In recent decades “Mohawk-British” treaty rights to certain enjoyments have been erroneously limited to hunting and fishing as so-called aboriginal inherent right, however in recent years’ circa 2014 (Hamilton Health Sciences Corporation versus D.H.): the Canadian courts have ruled that Mohawk rights must include all elements that are integral to the sustainability of a culture. These cultural pursuits typically include the well understood elements: SOCIAL ORGANIZATION, CUSTOMS AND TRADITIONS, RELIGION, LANGUAGE, ARTS AND LITERATURE, FORMS OF GOVERNMENT and ECONOMIC SYSTEMS.

I intend to buy and liberate real-property in Brantford, and prior to any purchase I want to be fully informed of all representational claims or full disclosure of taxation demands, this will help me better understand the nature of Brantford Councils reach of representation, and most importantly how an unconstitutional entity such as the Corporation of the City of Brantford is lawfully taxing or regulating Members of the Mohawk Nation. Without evidence (for example, by Treaty, Royal Sign Manual, Letters Patent) that you have the Authority to represent, Tax or otherwise Lien the individual Mohawk Member and which by extension includes all Mohawk Peoples and their Property, your claim of right to collect property tax from the Mohawk is ambiguous to say the least. Given that there is no true mechanism to identify between a Mohawk and a Canadian beyond his own assertions is not your license to take advantage of that ambiguity, for the Canadian he may have the right to choose his nationality, however The Mohawk are entered into his nation and fraternity by birth and has no choice in the matter.

The Ambiguity that exists must be cleared before your council can continue to pretend or officially represent the Mohawk Peoples and even so-called Brantford Citizens. Until this ambiguity is cleared, you as an unelected representative for the Mohawk Nation of Peoples must be seen as A trustee de son tort. A Trustee De Son Tort is a person who may be regarded as owing fiduciary duties by a course of conduct that amounts to a wrong, or a tort. Accordingly, a trustee de son tort is not a person who is formally appointed as a trustee, but one who assumes such a role, and then cannot be heard to argue that he did not owe fiduciary duties. Which further means you are personally liable for anything NOT mandated to you. (Acting outside your office; where the public safety hazard bond or insurance does not apply)

The Ambiguity can be cleared with a simple yes or no, to this question. “Can you as a Municipal Council Represent the Mohawk Peoples?” If yes then, How so?. During his most recent and successful campaign to become elected to city council, Dave Neumann, and whom I wrote a letter to the council and the Two Row Times describing the meeting at my property. Dave agreed at that time that he could not represent the Mohawk People, and quite interestingly as he explained that he ultimately represented not the people but the Properties itself.

Air Canada versus M & L Travel Ltd

“…a trustee de son tort will not be personally liable simply for the assumption of the duties of a trustee, but only if he or she commits a breach of trust while acting as a trustee.” The trustee de son tort will therefore be personally liable if he acts in a way which would constitute a breach of trust, for a properly appointed trustee.

The trustee de son tort is treated as a properly appointed trustee from the moment she takes possession of the trust property and starts to administer it, knowing or constructively knowing that it is trust property. As the English House of Lords recently said:

“…we would do better today to describe such persons as de facto trustees. In their relations with the beneficiaries they are treated in every respect as if they had been duly appointed. They are true trustees and are fully subject to fiduciary obligations. Their liability is strict; it does not depend on dishonesty.”

Although the hallmark of the trustee de son tort is that he has no proper authority as trustee, the trustee need not be acting dishonestly. In actual fact, most trustees who find themselves in this position are well-intentioned.

Although perhaps your efforts are well-intentioned, until you can provide proof that you have been granted the Lawful Authority to represent or tax the Mohawk Peoples, your direct interference of our life-blood (land use, treaty, currency and self-representation etc:.) is Anti-Peace and contrary to international law and norms.

Vienna Declaration and Programme of Action, World Conference on Human Rights 14-25 June 1993 (UN General Assembly) A/CONF.157/23 Art.2: “All people have a right to self-determination”.

Article 1, 3 and 4 inclusive with Preamble of the United Declaration on the Rights of Indigenous (UNGR) A/RES 61/295 2 October 2007 applies to all People not just indigenous people on the basis that indigenous people are equal to all other people.

Preamble of the Universal Declaration of Human Rights 1948: “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” Article 1 States that “All human beings are born free and equal in dignity and rights.” Article 15 States that “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

U.N.G.A Res. 1514 (XV), Declaration on the Granting of Independence to Colonial Countries and People: “…respect for the sovereign rights of all people and their territorial integrity. (1) The subjugation of peoples to alien subjugation domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the UN and is an impediment to the promotion of World Peace and co-operation. […] The internal affairs of all peoples of all states and respect for the sovereign rights of all peoples and their territorial integrity.”

U.N.G.A Resolution adopted by the General Assembly on the Report of the Third Committee (A/59/502). Universal Realization of the Right of the Peoples to Self Determination A/RES/59/180 of 20th December 2004 [Welcomes]: “…the progressive exercise of the right to self-determination by people under colonial, foreign or alien occupation and their emergence into sovereign statehood and independence.”

General Assembly, twenty fifth Session, Resolution 2625 (XXV), Declaration on the principal of International Law concerning Friendly Relations and Cooperation among states in accordance with the Charter of the United Nations 1970: “…the establishment of the sovereign and independent state, and the free association or integration with and independent state or the emergence onto and other political status freely determined by the people constitute modes of implementing the right of self-determination by that people.”

U.N Doc. A/Res/59/178, 74th plenary meeting, 20th December 2004: “…condemning any state permitted … fighting against national liberation movements.”

U.N.G.A Res 3201 (XXIX) UN Year Book, 1974, 402: “No state may use or encourage the use of economic, political or any type of measure to coerce another state in order to obtain from it the subordination of the exercise of its sovereign rights”.

Meaning, Force and violence cannot be used to subjugate a free people declaring Independence by asserting their so called authority.

United Nations declarations on the Rights of Indigenous Peoples A/RES/61/295 [2007] (not “more equal to”, “less” equal to [or] “than all” but “equal [within the definition of equivalent] to all other peoples.”

Meaning there is no get out clause every type of people or peoples is covered by this this. This is not a granting of rights to Indigenous people, this is recognition of those rights. Because these rights arise from natural law, not the positive law of mankind.

Objective of Uti Possidetis in Roman law was to preclude disturbing an existing state of possession of immovable property in a dispute over possession between two individuals. Whilst the maxim affirmed the right of the possessor to remain in possession, that right was only temporary and provisional and thus uti possidetis did not confer permanent rights to the occupier (Innocent third party purchaser). Thereby comporting the doctrine into International law also introduces non permanence.

In 2012, at 91 Spring Street I owned and occupied the Property therewith. The City of Brantford registered a tax claim and lien against my property after I questioned the validity and arbitrary nature of the property tax. I informed the City through mail and email, calls and meetings that I wanted proof of their Authority to Tax, or lien on my Property and that I was a Mohawk and I was formally protesting and began liberating the property, I received one reply by email from Ward Councilor Richard Carpenter that read in total “That’s Funny stuff”. A second response from Ward Councilor Jan Vanderstelt said in part that he would enforce his sphere of influence, and that I was attempting to assassinate his character, when I was only asking for proof of delegation of authority. Jan later came to my property where I asked him if he was there in his official capacity, he said now that’s a tough question to answer. At that time he was on his Vacation from council duties. He then put his massive finger in my face and he stated that we are now on dangerous territory. I then wrote a petition to my estate executor and a WRIT OF QUO WARRANTO was ISSUED to the City of Brantford (Writ Part One, Part Two, Video Link), the City did not respond to the Writ. The end result was not friendly or peaceful; after many attempts to evict me and my children the Brantford Police without Warrant assisted the Sherriff to deprive me of my property they furnished a court order that had a hand written items that stated the police shall assist the sheriff in the jurisdiction where the house is situated. The month leading up to this event we had requested from all levels of Canadian government to provide evidence that We the Mohawk are under Canadian or your jurisdiction, especially when We own property that happens to be land along the Grand River or other Traditional camping grounds or villages, land which City of Brantford itself admits it may not have an interest in. During the police raid I phoned 911 to have the O.P.P respond to the calamity. I requested that the 911 operator send the O.P.P; at that time they had adopted the DUDLEY GEORGE INQUIRY RECOMMENDATIONS, however the operator told me that the Brantford police where already there and the O.P.P would not be contacted., with my children in the house the Sheriff and Police smashed every door to the property. Once in the Property the Sheriff ran to the Mohawk Flag in my front window and exclaimed I won’t need this anymore, as he retrieved the flag he proceeded to step on my son that was hiding beneath a blanket. I understand that not long after this incident that the Brantford police then adopted the Dudley George Inquiry Recommendations. (Video footage can be acquired by the police and by me)

This not only happened to me as a member of the Mohawk Nation, it happened to my children and my children’s mother who is also my free associate whom has been presumed by Canada to be a member of the Canadian society, whose Charter of Rights and Freedoms namely section 2 and 7 where most egregiously ignored and violated while actively protecting her children, herself, me, her beliefs and her property.

Now, having time to rebuild my mental focus and, recover from that financial crippling and trauma. I want answers. I want a full investigation into what happened that day, months’ and years, and any and all unjust enrichment be restored to the Benjamin (Douglas) Doolittle estate.

Although Property Tax may be your only lifeblood, it cannot come from the veins of the Mohawk. Our ancestors have shed flesh and blood so that we may have everlasting peace. It is also well understood by the Canadian and U.S. Governments that the Mohawk is a distinct nation and exempt from compulsory enlistment or conscription, this must include financing those ends, Taxation is not only morally wrong, it is outright violence and exactly why the GREAT PEACE was developed by the PEACEMAKER to end the claim of man against his fellow man, to end slavery. I will not be forced to fund your colonial outposts, trespasses and designations against our people; that is the very essence of the Jingoist. You have taken the Athenian Oath to DO NO HARM. The days of willful ignorance have to come to and end. to harm her Majesties allies is to harm her Majesty.

As a Mohawk, and When I am outside your Canadian society and therefore free of its rules, this does not mean there is no law. I do not claim the right to harm another human being, damage property, engage in fraud or extortion or break contracts. I will follow the Law. I just won’t give statutes or by-law created by governments the force of law. I achieve this by constructively denying consent to be governed.

Finally, When I buy or liberate real-property and The Corporation of the City of Brantford makes claim that I have to pay taxes on demand, all this needs to be answered before you will in good faith and with clean hands collect a lawful debt from me as a fraternal Member of the Mohawk Confederacy being devised of nine autonomous Clan Families/Estates.

Sincerely,
Signed: Benjamin Douglas Allan Doolittle
Mohawk National, fraternity Sha’tekari:wate
Brantford, Grand River Country