Resolution Number: 2004-05-03Canadas 1869 Promise Of Ruperts Land First Nation Protection Possible International Options
2004-05-03 EXCERPT:

Mushkegowuk Council Special Assembly

Resolution No. 2004-05-003

Attawapiskat First Nation

Kashechewan First Nation

Fort Albany First Nation

Moose Cree First Nation

New Post First Nation

Chapleau Cree First Nation

Missanabie Cree First Nation

Chief Theresa Hall Attawapiskat First Nation

Earl Cheechoo, Delegate Moose Cree First Nation

Adopted by Consensus

Certified copy of a Resolution Passed on May 18, 2004

May 18, 2004

Attawapiskat, Ontario


WHEREAS in 1869 the Parliament of Canada requested that the Crown of England united the so-called Rupert's Land territories, which included our sacred homeland, with Canada;

AND WHEREAS in requesting the union of Rupert's Land with Canada, the Parliament of Canada solemnly resolved that "Upon the transference of the territories in question to the Canadian government, it will be the duty of the Government to make adequate provisions for the protection of the Indian tribes whose interests and well-being are involved in the transfers";

AND WHEREAS the British Crown united Rupert's Land with Canada, based on that solemn promise of the Canadian government;

AND WHEREAS since that solemn and profound protection undertaking of 1869 the Canadian government and the Ontario government have in fact taken numerous steps to undermine the most basic interests of Rupert's Land First Nations and the Mushkegowuk First Nations, including

Resolution No. 2004-05-003, cont.

our control of and benefit from our ancestral lands, and our rights and practices of self-government;

AND WHEREAS the Mushkegowuk Council and the Mushkegowuk First Nations are pursuing legal action to have the Canadian courts enforce Canada's fundamental protection promise of 1869;

AND WHEREAS it may be beneficial to pursue enforcement of Canada's protection promise of 1869 at the international level, if doing so can be integrated with and does not take away from the enforcement actions in Canadian courts;

THEREFORE BE IT RESOLVED that Mushkegowuk Council supports exploration of options to raise Canada's breach of its fundamental protection promise of 1869 at the international level and with international agencies or justice institutions.