Mohawk Nation News MNN Receives threat to Haudenosaunee Sovereignty

[marcel]

Date: Mon, 25 Feb 2008 14:11:42 -0800
From: orakwa <ora...@paulcomm.ca>

COLONIALISM CONTINUES - MNN RECEIVES LETTER THREATENING HAUDENOSAUNEE
SOVEREIGNTY



MNN. Needless to say, MNN does not agree with all of the
interpretations put forward in the letter below that was faxed to us
by a lawyer representing Bob Potts, Joan Holmes, Alan Pratt and Gerry
Belisle. It seems obvious that this was intended to intimidate us so
we are publishing our reply and the original threat for the interest
and comments of those who wish to be kept informed of the truth
concerning matters that affect us.

We would like to reassure readers that MNN does not publish
information about real people unless there is evidence to support it.
The web-sites from which most of the information contained in the
piece the lawyer complained of are listed after his letter. Readers
will note that the complainant's own websites are a major source of
MNN's information.


From: MNN Mohawk Nation News

February 24, 2008.
To: Patrick Nadjiwan
Nadjiwan Law Office
915 Jocko Point Road, RR4
Nipissing First Nation
North Bay, Ontario P1B 8G5

Ph. 705-753-9815 Fax 705-753-9795

ma...@nadjiwanlaw.ca



Dear Mr. Patrick Nadjiwan:

Could you please tell me whose "libel and slander act" you are
referring to in your letter of February 24, 2008? Why do you think
that any foreign polity has jurisdiction over the original inhabitants
of Onowaregeh, Turtle Island? We would like to remind you that the
Haudenosaunee never surrendered sovereignty to Canada, Ontario, or any
foreign power and we do not have a libel and slander act.


We would also like to suggest that if your clients do not want to have
their contact information and professional histories discussed in
public, they should remove this from the internet.


Kahentinetha Horn

MNN Mohawk Nation News




The first letter from lawyer, Patrick Nadjiwan, was sent to MNN by fax
at 13:37 February 24, 2008. Today, on February 25th a similar letter
was sent by email with changes as indicated by the brackets. Enjoy!



Nadjiwan

Law Office

Barristers & Solicitors

915 Jocko Point Road, RR4

Nipissing First Nation

North Bay, Ontario

P1B 8G5

Ph: (705) 753-9815

Fax: (705) 753-9795

e-mail: ma...@nadjiwanlaw.ca

Patrick M. Nadjiwan, H.B.S.W., LL.B.

Krista M. Yao, B.A. (Econ.), LL.B.



By Fax to (450)635-9351, by Mail and by E-Mail



February 24, 2008



Kahentinetha Horn

MNN Mohawk Nation News

P.O. BOX 991

Kahnawake of Mohawk Territory, Quebec J0L 1B0



Dear Ms. Horn:


RE: Libellous E-mail Newsletter published on February 12, 2008; and,

Libellous E-mail Newsletter published on February 16, 2008;


Please be advised that I have been retained by Bob Potts, Joan Holmes,
Alan Pratt and Gerry Belisle in relation to the above noted
"Newsletter" you have written and which you have distributed publicly.


This widely distributed Newsletter contains numerous allegations which
are untrue, disparaging, and defamatory imputations directed against
my clients. These allegations are intended to reflect negatively upon
their personal reputations, as well as the reputations of their
businesses. Specifically, your libellous allegations include:


1) You make the general allegation of an illicit scheme to keep First
Nations' people ignorant about their interests and rights and then to
steal their land. This defamatory allegation is then imputed to all of
my clients in your article. We have no knowledge of any such
conspiracy and it is defamatory to my clients to falsely claim that
they are participating in any such conspiracy. This false allegation
is set up in the following paragraphs:


"Theft on a grand scale. About 26 years ago a bunch of greedy lawyers
and their hangers-on saw an opportunity. It was after the British
Parliament relinquished control over the Canadian constitution in
1982. They figured this would make it was easier to steal our land and
resources. "The Indians don't know what they have", said they. "Let's
keep them ignorant and steal everything from them."


"They came up with an idea to get control of swaths of land throughout
Canada to extract resources and set up legislative and policy defenses
to protect their business interests. Of course, they wanted to arrange
things so they could put a lot of money into their own personal
pockets. They set up a prototype out west in Alberta. Because the
Lubicon Cree were well versed in their rights, these thieves created
two other bands, Woodland and Loon Lake Crees.


They made a settlement with them rather than with the Lubicons. Rem
Westland, Dan Goodleaf and Rick Van Loon engineered this one.


Eventually they got older and bolder. They started thinking about
retiring and moving to cottage country. Many of them bought
recreational property in nearby Sharbot Lake west of Ottawa. They
looked around and saw opportunities to "enrich" themselves. But they
had to do it under the protection of the colonial corporations and
their agents so they wouldn't get caught. They knew how to tap into
Canada's public treasury to get all the money they needed".


2) You further your claim of a nefarious conspiracy as set out in item
(1) by presenting quotations from unnamed participants in this alleged
plot. These quotations allege there was an actual conversation.
Moreover, they imply that you have sufficient evidence about that
conversation that you can present transcribed portions of that
conversation to the public. We deny any knowledge of such a plot, and
we deny participating in such a scheme. It is defamatory to my clients
to claim that they were involved in this scheme to steal land from
Indians. This is contained in the following paragraphs:


"Oops! The land on which Ottawa sits is Haudenosaunee land. "Oh! No!
We'll have to deal with those pesky Mohawks", they said. "We'll make
it into "Algonquin" land by twisting the historical information. We'll
get someone like Joan Holmes and pay her lots of money to re-write
history, which is what we've always done anyway".


With her Masters degree in "Canadian Studies" from Carleton and a B.A.
in

"Anthropology" from Winnipeg, it was easy to lead Joan Holmes around
by the

nose.



"Yeah! Yeah!" Joan Holmes was so excited. From 1983 onward she was
pointed toward all the Haudenosaunee land claims like Kanehsatake,
Kahnawake, Akwesasne, Tyendinaga and Wahta to make sure that the
results would go in the "right" direction. [jho...@joanholmes.ca
613-722-7675.]



3) In the third paragraph quoted in item 2 above, you have included a
quotation directly attributed to Ms. Holmes. We deny that Ms. Holmes
ever participated in such a conversation and put you to the strict
proof thereof. To allege that she was involved in this conspiracy,
agreed to the scheme, and was "excited" about issuing false historical
reports is false, defamatory and damaging to my client's reputation.



4) You have claimed that, "Joan specialized in creating Indian bands
incorporated under the "Indian Act", including the splitting and
amalgamation of 'bands'." Setting aside the simply fact that bands are
not 'incorporated', this statement is untrue and is intended to
besmirch Ms. Holmes' reputation as a historian by falsely attacking
her impartiality.



5) You have claimed that, "Joan Holmes is the ANR Electoral Officer,
Membership Registrar and genealogist. She decides who is Algonquin.
The Algonquin people themselves have no say. This procedure doesn't
follow any kind of democratic principle." It is a falsehood to claim
she was an electoral officer or a membership registrar. It is a
falsehood to claim that Algonquin people "do not have a say" in the
election process. In the context of this whole article, this
allegation is clearly intended to falsely allege that Ms. Holmes has
unchecked discretionary power which she is wielding in furtherance of
your general conspiracy theory. This is false and defamatory of my
client.



6) You have alleged that Robert Potts was the lawyer for the Bre-X
Corporation. In addition, you have attributed to Mr. Potts a role in
falsifying scientific data and you have alluded to him having a role
in a "set up" of Mr. Guzman which somehow led to Mr. Guzman's death.
Mr. Potts did not represent Bre-x and your false allegations are
defamatory of his character. These allegations are contained in the
following paragraph:



"Robert Potts, lawyer of downtown Toronto, set up the Algonquin
negotiation team. His specialty is real estate law. He drafts trust
agreements, by-laws and membership codes. [416-593-3952
bpo...@blaney.com] He was the lawyer for "Bre-X". Remember them?
That's the company that raised money on the stock market by salting
ore samples to make them look like gold. There was no gold in them
thar hills! One geologist, Guzman, jumped out of a helicopter over
this. He was Philippino and might have been set up to take the rap."



7) Next, you have alleged that, "Alan Pratt works closely with Robert
Potts [3550 Towood Drive, Dunrobin, Ontario. 613-832-1261
1-877-254-5415. al...@prattlaw.ca]. He too got involved in the scheme
in the mid 80s. People like him have made a good living off us." In
this portion, you are expressly stating that Mr. Potts is involved in
the general scheme to defraud Indians of their land and then claiming
that Mr. Allan Pratt was also a participant. My clients are not aware
of any such "scheme" and deny any involvement in such a conspiracy
plot. These allegations are defamatory of their character.



8) You have alleged that there was a sub-plot to fix an election
within your general conspiracy theory. That allegation is as follows:



"There are a lot of complaints about this team. Bob Potts, Alan Pratt,
Nigel

Marshman, Joan Holmes and David Burke must be investigated for their
part in

the fixed Ottawa by-election of Algonquin negotiators. 27 people were
told that their communities had been changed in order to secure the
Algonquin Negotiation

Representative ANR position for Gerry Belisle, the person chosen by
Bob Potts."



This paragraph contains a number of false statements and defamatory
allegations. It alleges that the election was fixed, [this or] which
is denied. It alleges that 27 people were improperly moved from one
community to another for the purpose of securing the

election of Mr. Gerry Belisle, which is also denied. Finally, it
claims that all of this was

done at the bidding of Mr. Potts and with the active participation of
Mr. Pratt, Mr.

Marshman, Joan Holmes, and David Burke. This too is denied and all of
which is clearly

defamatory of my clients.



9) You have made a number of allegations about the election of Mr.
Gerry Belisle.

Specifically, you have stated:



"This guy is completely rotten!



Gerry Belisle won the election even though no one from the Ottawa
community voted for him. The people who voted for him were parachuted
in from Greater Golden Lake by Joan Holmes.



Gerry Belisle is a real estate agent at Madawaska Highlands and was a
local municipal councilor. His office is a post office box in Kanata,
a satellite of Ottawa.



This is a clear and express allegation that Ms. Holmes improperly
moved people from one electoral district to Mr. Belisle's district to
get him elected in furtherance of the preceding conspiracy theory.
This smearing of Mr. Belisle's character is completed by stating that
he worked in real estate and that he was a member of a local municipal
council. Both of these facts are presented in such a manner as to
imply that he is part of [your or] the Indian land theft scheme. We
deny that Mr. Belisle's election was in any way improper or illegal
and put you to the strict proof thereof. We also deny that he is aware
of any grand conspiracy or scheme to steal Indian land, and we deny
that he is a participant in that conspiracy. It is a lie and
defamation of his character to allege either.



10) In relation to the election of Mr. Belisle, you stated, "When
complaints were lodged, Bob Potts, with the blessing of Robert Aitken
[federal negotiator] and Brian Crane [Ontario negotiator], chose to
discredit anyone who questioned him." First, we assume that you are
referring to Robin Aitken, as there is no Robert Aitken involved in
these matters. Second, we deny that Mr. Potts choose to 'discredit
anyone who questioned him'. This allegation clearly intended to show
an unwillingness to respond to legitimate complaints and concerns
about elections, which is denied. In addition, your article claims
that Mr. Aitken and Mr. Crane not only knew of this conspiracy to
discredit unnamed questioners, but that they approved of it. We deny
any such conversation or agreement was every formed and put you to the
strict proof thereof. This too is defamatory, as it alleges that the
Algonquin negotiator was working with the Federal and Provincial Crown
against Algonquin interests.



11) You have also stated:



"One Algonquin told MNN, "I am scared to death of all the corruption
and the

slimey lawyers swarming the process such as [Robert] Potts and Alan
Pratt.

[Another lawyer Michael] Swinwood - well he is in a category all his
own. And then there is Joan Holmes who is the "Membership Clerk". I
think the land claims process is an industry where white people are
benefiting - I wish they would all go away - it is disheartening - I'm
crushed by the b.s. of it all"."



This statement, from a conveniently unnamed source, implies that this
person fears for his/her life from those involved in the [your]
conspiracy. As it continues, the article's general theme claims that
my clients are involved in this scheme and it impliedly claims that
this person is fearful of my clients. This is false and defamatory of
my clients.



12) Your article concludes with the following:



"The lack of accountability, transparency, fraudulent elections, fixed
by-election, lack of information, exclusion of other legitimate
communities, discrimination "7 people representing one community", the
secret meetings, abuse of the membership list, verbal abuse by the
principle negotiator towards any Algonquin who questions his work
ethics, the complete control by the principle negotiator has over the
process are all issues of concern to the Algonquins.



Watch out for dirty tricks against MNN. Meetings are being held to
find ways to discredit or radicalize anyone who disagrees with the
fraudulent negotiation process.



Despite the fact that the first paragraph is actually an incomplete
sentence, in the context of this article this is a list of false
allegations against all of my clients. We deny all of these spurious
allegations and put you to the strict proof thereof.



13) In your most recent newsletter, (Saturday, February 16, 2008,
Entitled MASTER PLAN FOR PHONY ALGONQUIN SETTLEMENT OF HAUDENOSAUNEE
TERRITORY" PART II -- What is the tie with the "Congress of Aboriginal
People"?) you have again alleged that Mr. Potts worked for Bre-X. This
compounds and continues the defamation from your preceding newsletter.
The statement is as follows:



"According to colonial foreign rules Frontenac Ventures has to do a
bit of drilling to get some samples of uranium ore so they can secure
a claim to our land, with the help of the notoriously unsinkable
shyster, Robert Potts, of Bre-X fame."



This is a false statement and is defamatory of my client.



14) In this same newsletter, you have continued the smear tactics
against Ms. Holmes.

You have stated:



"Is this another scheme where someone like "history buff", Joan "The-
Creator-of-

Paper-Indians" Holmes registers CAP members?



The real Indigenous people are not "Indians" or "aboriginals".
Technicians like Joan Holmes could not only create "instant" Indians,
but could decide that the real Indians are not Indians."



As clearly indicated in its title, this is a newsletter and within
that context, a newsletter must be seen as a continuation of the
preceding article. It is denied that Ms. Holmes falsely or improperly
registers some as an "Indian", and furthermore, it is denied that she
did so in furtherance of your alleged conspiracy. These are further
acts of defamation.



Conclusion



Given that all of my clients work in the area of Aboriginal law and
politics, we consider the publication of these false allegations and
outright lies to be of the most serious nature. They strike unfairly
at their professional reputations and attack their businesses. We will
hold you, your editors, publishers, and internet service providers
responsible for any and all damages which result from [the publication
of] these statements to the fullest extent possible under the law.
Please take this as notice under s.5.(1) of the Libel and Slander Act,
[ R.S.O. 1990].



[In addition], we hereby demand that you cease and desist from making
any further libelous statements. We demand that you immediately submit
to me a draft of a clear and unqualified apology and retraction for
publication to all recipients of the e-mail and [for posting on your
web page.] to the public at large. Failing a satisfactory reply
within the next three days, I will seek instructions to commence
formal proceedings against you.



[Finally] We are [also] outraged that you are attempting to incite
harassment of my clients and perhaps even violence. You have defamed
my clients in the most egregious manner alleging that they are
stealing from First Nations and then, within the body of this
scurrilous document, you have published their email addresses and
phone numbers. We believe that this act of bad faith and malice, in
and of itself, will attract punitive damages.



Please govern yourself accordingly.



Sincerely,



NADJIWAN LAW OFFICE

ORIGINAL SIGNED

Per: Patrick Nadjiwan

pat...@nadjiwanlaw.ca

PMN:



For more information on Robert Potts, Alan Pratt, Joan Holmes and
Gerry Belisle, go to the following websites.



Kahentinetha Horn

MNN Mohawk Nation News



According to his bio at Blaney.com, Robert Potts is a member of the
"Defence Research Institute" which is a U.S. organization.
http://www.marketwire.com/mw/release.do?id=824584
http://dri.org/DRI/open/About.aspx?area=AFFIL
It has an international arm of International Association of Defense
Counsel (IADC) http://www.iadclaw.org/regionmeetings.cfm Potts
defends corporations against class action lawsuits, negligence,
etc.



This article is about the 2005 election that was run by Robert
Potts:
http://www.newsweb.ca/2005/April_28/Elections_to%20rejuvinate_process.html



Joan Holmes' CV, go to www.ipperwashinquiry.ca/transcripts/pdf/Joan_CV.pdf

Work experience on "genealogies and band membership, numerous projects
involved an examination of issues of band membership and
identification of family members for entitlement purposes. A few
projects were undertaken to examine the larger issues of rights to
band and treaty membership and exclusion from membership under the
Indian Act".



Robert J. Potts' involvement in "Bre-X", go to www.blaney.com/lawyers_potts.htm
He specializes in Aboriginal law, insurance and corporate, defending
the interests of corporations, especially in energy and mining.
http://www.lexpert.ca/deal.php?id=2018 Published in Magazine: Oct 01
1999



Alan Pratt law firm, as a colleague of Robert Potts, go to
www.prattlaw.ca/colleagues.shtml



For complaints about the fixed Ottawa by-election of Gerry Belisle, go
to OttawaAlgonquins.com Homepage, 4th paragraph.



http://www.blaney.com/files/algonquin/ANR%20presentation%20to%20communities%20Sept%2004.pdfm
"Algonquin Negotiation Representative Elections
September, 2004, Alan Pratt, Barrister & Solicitor http://www.bafn.ca/update.html
Posting of election results
http://www.ruralrevolution.com/website/index.php?option=com_content&task=section&id=18&Itemid=64

http://www.ontla.on.ca/house-proceedings/transcripts/files_html/2006-04-13_L060.htm

http://www.royallepagegale.com/agents.htm



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