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Prejudice
Grand Chief Kaneekaneet [Lawrence Agecoutay] & Associates Lawrence / Robert Agecoutay & Chester Girard
INTERNATIONAL LAW CONSTITUTIONAL LAW & PARAMOUNTCY CONFLICT OF LAWS March
9thth,2009
Canada
Federal Provincial
Government Regional
Parliament Government
Indigenous
Council
Of
Elders
Canada First Nations
Provincial Reserve
Government Government
Legislature Band Council
TO :
• The following are produced and submitted in the absence of a full copy
of the transcripts of the original trial before M.J. Gerein, Saskatchewan
Queens Bench; regarding the Accused : Speaker : Grand Chief Kitchi-
Ostew-Kaneekanagoshick-Okimow-Wacon-Kaneekaneet [Lawrence
Agecoutay]; Robert Agecoutay; and, Chester Girard / or, in names as
they have made known to the “Court”.
Terra Nullius Papa Bulls And The Overwhelming Adverse Impact Upon Ordre Public
Ignorance Of Law Mistake Of Law Crown Canada Misdirection Of Law By Prejudicial Intent
Indigenous laws v. Crown Canada In The Matter Jurisdiction Of The Canada Constitution and Treaty 4
Conceptualizing Complicity In Alien Tort Cases & Exposing The UN To
Potential Suit
In The Matter Of Conflict Of Laws & Choice Of Laws : including [but, not limited to]
Lex Domicile; theory of statuta; rules on renvoi, lex fori, lex situs : The Military
Invasion Of Sovereign Indigenous Lands By A Hostile Claimed State-Nation Canada &
Elizabeth II- Queen & In Consequence The Arrest, Trial, Conviction, Beating &
Imprisonment Of The Accused; namely, Peoples Of The Sovereign Anishinabe Nation
Of Turtle Island North Grand Chief Kaneekaneet [Lawrence Agecoutay], Robert
Agecoutay & Chester Girard
Parties “B”
Fundamental Objections By Party “A” To Procedures Of Elizabeth II- Queen;
and her Assigns Canada : No Jurisdiction : Lex Cause : Elizabeth II- Queen and
Submitted Without Benefit Of Counsel Truth Shall Always Prevail Above
Ignorance 3
Addressed From Anishinabe Sovereign Soto Nation Turtle Island North
Speaker : Grand Chief Kitchi-Ostew-Kaneekanagoshick-Okimow-Wacon-Kaneekaneet [Lawrence Agecoutay]
Copyrighted TC75 2009
FINAL Submission To United Nations International Court Of Justice Without
Prejudice
Grand Chief Kaneekaneet [Lawrence Agecoutay] & Associates Lawrence / Robert Agecoutay & Chester Girard
INTERNATIONAL LAW CONSTITUTIONAL LAW & PARAMOUNTCY CONFLICT OF LAWS March
9thth,2009
her agent / assignee Canada – without good and just cause have executed arrests,
tortures, trials; and, imprisonment of these Parties, supra, without establishing
legitimate jurisdiction of its “courts”.
To The Attention Of Elizabeth II- Queen & The Claimed Corporate Canada
Petitioned To The Attention Of [but, not limited to] The Court Of Appeal
Saskatchewan Canada ; Assignee on behalf of Canada / Elizabeth II-Queen & To The
Attention Of The United Nations International Court Of Justice & The Organization Of
American States Human Rights Commission & Court
Introduction
Elizabeth II- Queen and her agent Canada – without good and just cause - have
executed a military invasion upon indigenous peoples of the paramount sovereign
state-nation Anishinabe of Turtle Island North; and, further have claimed a false
jurisdiction to try, convict, torture and imprison three parties who are citizen members
of this said sovereign nation Anishinabe Turtle Island North ; otherwise known as North
America. This matter is, herein, appealed to the international community for release,
relief and compensation.
Elizabeth II- Queen and her Assignee Canada have executed an injustice through the
production of false documents of state-nation incorporation. And, within this corrupt
conspiracy, this Monarch regime has claimed a right to produce and enforce certain
documents from its houses of parliament and legislature which purport to regulate the
activities of citizens and others within claimed territories. These claims to state-
nationhood are founded upon the proclamations from the Holy See Catholic Church
through its dictums of Terra Nullius [Romanus Pontifex and Inter Caetera] and the
Anglican Church / Government of England’s Supremacy Acts. These church laws,
as
enforced through military authority, specifically continue since the 14th century to
direct the Monarchs of Europe to enforce a policy of hatred to indigenous peoples of
other nations who are not Christian by faith; and, further, enforce a corporate dictum
which enshrines the inhumane policy that a non-Christian is a non-human; and,
therein, not competent to possess assets of real estate or resources; and, further, is
not competent to govern.
Submitted Without Benefit Of Counsel Truth Shall Always Prevail Above
Ignorance 5
Addressed From Anishinabe Sovereign Soto Nation Turtle Island North
Speaker : Grand Chief Kitchi-Ostew-Kaneekanagoshick-Okimow-Wacon-Kaneekaneet [Lawrence Agecoutay]
Copyrighted TC75 2009
FINAL Submission To United Nations International Court Of Justice Without
Prejudice
Grand Chief Kaneekaneet [Lawrence Agecoutay] & Associates Lawrence / Robert Agecoutay & Chester Girard
INTERNATIONAL LAW CONSTITUTIONAL LAW & PARAMOUNTCY CONFLICT OF LAWS March
9thth,2009
The consequent arrest and conviction / imprisonment of the three parties Grand Chief
Kaneekaneet and his associates Robert Agecoutay and Chester Girard represents the
continued execution of policies contrary to the human rights as provided for through
the United Nations against the traditions of these said indigenous peoples of the
Anishinabe Nation of North Turtle Island.
There is no factum or allegation presented by the Crown in the Appeal application; nor,
within the original trial and conviction before the Saskatchewan Queen’s Bench of an
organized criminal network association connection or intent to conspire with these
elements that are contrary to good public policy either within indigenous peoples
jurisdiction; nor, within the context of the claimed state-nation Canada.
The Crown Elizabeth II- Queen and her Assignee Canada have purported to establish
certain Treaties with indigenous peoples of Turtle Island North; wherein, it is
entrenched that custom and tradition may be retained and practised by these
indigenous peoples, including those peoples of the territory named as Treaty 4 – which
has claimed to include the peoples of Grand Chief Kaneekaneet and his associates
accused, convicted and imprisoned. This said “Treaty 4” – although, without merit -
included a recognition doctrine providing for the protection and preservation of the
rights of indigenous peoples of the region identified as “Treaty 4” to enjoy its
maintenance and practises of their medicine chests.
Points At Issue
Section One : Jurisdiction
1. Nation-to-Nation Jurisdictions of Law : Issue Of Treaties
(A) Elizabeth II- Queen and her Assignee Canada enforce a nation-to-nation
relationship with the customary indigenous governing bodies within her claimed
territory
3. There is no submission into factum of any allegations that there has been any
attempt by these accused men to cause harm to any person, indigenous or non-
indigenous; nor any youth through their chosen business of producing commerce
and trade through hemp production
4. There was no submission by the Crown in the Trial before Queen’s Bench that the
claimed THC quotient exceeding three kilograms existed at the time of seizure at
the production site greenhouses. Further, there was no submission on the record
from Health Canada that the seized plants do not continue to mature after the
initial harvesting by police
Submitted Without Benefit Of Counsel Truth Shall Always Prevail Above
Ignorance 8
Addressed From Anishinabe Sovereign Soto Nation Turtle Island North
Speaker : Grand Chief Kitchi-Ostew-Kaneekanagoshick-Okimow-Wacon-Kaneekaneet [Lawrence Agecoutay]
Copyrighted TC75 2009
FINAL Submission To United Nations International Court Of Justice Without
Prejudice
Grand Chief Kaneekaneet [Lawrence Agecoutay] & Associates Lawrence / Robert Agecoutay & Chester Girard
INTERNATIONAL LAW CONSTITUTIONAL LAW & PARAMOUNTCY CONFLICT OF LAWS March
9thth,2009
Facts : For Reference : Transcripts of Pages 1 – 212 were not provided to the Accused
1. Crown Canada, The Judge: Mr. Justice Gerein / Court : 21st Day Of April : 2008
claimed to commence a “Court” into the Hearing of Charges upon Mister Lawrence
Agecoutay, Mister Chester Girard and Mister Robert Agecoutay
2. The jurisdiction of the “Court” was not provided for even when it was challenged by
the Accused Parties “A”; Judge Gerein received the objections and rejected them
without providing a good and just cause
3. Motions By the Accused Parties “A”
(a) P. 5: Court : will not hear matter of calling back jury candidates due to expense
(b)P. 5: Mr. Mulligan / counsel has not seen filed documentation
(c) P.12: Court : not addressing jurisdictions of warrants, searches or seizures
(d)P.13: Court : not considering whether or not treaties are legal or illegal
(e) P.13: Kaneekaneet / Agecoutay identifies sovereign Soto Nation – RCMP refused
to
enter
(f) P.16: Court : refuses to hear any more concerning “Court” jurisdiction
(g)P.16: Kaneekaneet / Agecoutay raises issue of “cestqua trust” : duty of care upon
Judge Gerein
(h)P.16: Absence of evident potential for prejudice in composure of jury to be
selected; namely, no evident capacity to consider international law matters –
especially since Judge Gerein will not raise these points to the jury
(i) P.16: Kaneekaneet / Agecoutay raises issue of international law jurisdiction; and,
M.J. Gerein refuses to consider these matters by avoidance and redirection
(j) P.19: Court / M.J. Gerein : “… I have read them [filed papers by Accused
regarding
crimes against humanity; war crimes and genocide]
(x) P.31: Court / M.J. Gerein refuses to any further considerations about counsel
being
appointed [editor’s note: question now of duty of care for a fair and
complete
hearing may rest upon shoulders of M.J. Gerein]
(y) P.32: Court / M.J. Gerein refuses to provide funds for legal counsel
(z) P.33: Court / M.J. Gerein : Recognizes native ancestry of accused; the claim by
the
Accused for a fair and complete hearing before qualified jury. Both points
are
rejected. Court / M.J. Gerein rejects change of venue.
(Z.1) P.34: Court / M.J. Gerein rejects issue of court’s jurisdiction not being
established; and, fails to recognize nation-to-nation status of issues. And,
the
matter of name [Chester v. Chester Girard] is rejected. M.J. Gerein claims
jurisdiction to hear charges with jury
(Z.2) P.37: Kaneekaneet / Agecoutay to Court / M.J. Gerein: “… because of the
overwhelming criminal acts that have been portrayed on our [Soto] nation,
that now is the time to call in the provost martial (marshal). This is an act of
citing a right to be recognized and protected as a prisoner of war; and,
therein, to be protected by relevant international provisions for the safe
custody of such declared prisoners. M.J. Gerein was negligent as an officer
of
the “Court” in not acceding to this human right in this conflict of
paramountcy
between claimed state-nations. The UN provides avenues of retribution for
such lapses in the good administration of justice
(Z.3) P.37: Court / M.J. Gerein rejects issue of calling in the provost “martial” nee
marshal: “… I will not do so …”
: Editor’s note : Provost Marshal: Canadian Forces Provost Marshal is head of the
Canadian Forces National Investigation Service. In the British Armed Forces this marshal is the head
of military police; as it is in the United States Armed Forces. In the United Nations, the Provost
Marshal is established as head of military policing
5. The matter of a Constitutional challenge was not accepted by the “Court”. This
decision by M.J. Gerein demonstrates his incompetence in these matters of
fundamental rights of law; and, it further underlines his penchant for failing to grasp
the substantive issues of international law that applied in these charges
ARGUMENT
The Records of the “Court” of M.J. Gerein have failed to establish the fundamentals of a
fair hearing in a matter of quest between international law and the claimed Crown law
of Canada.
The Accused were subjected to a series of denials that resulted in the “Court” of
Mister Justice Gerein failing to provide fundamental human rights to the Accused:
namely,
(A) To clearly know the charges and their jurisdiction upon the Accused
(B) To hold the “Court” before the Accused with competent counsel for the Accused
(C) To hold the “Court” in an atmosphere that provided the clear provisions of a hearing
not in a hostile environment perceived to be biased against the Accused
(D) To hold the “Court” as a common law matter public law matter within the internal
jurisdiction only of the Crown Canada; whereas, the Accused cited rights of
privilege to be accorded the protection of the United Nations and international
treaty law regarding the safety of “prisoners of war” when Kaneekaneet /
Agecoutay applied to Court / M.J. Gerein for Provost Marshal provisions; and, was
subsequently refused
(E) To hold a “Court” with balanced judgments considering its competence and
jurisdictions within the context of issues clearly within the realms of international
Submitted Without Benefit Of Counsel Truth Shall Always Prevail Above
Ignorance 1
Addressed From Anishinabe Sovereign Soto Nation Turtle Island North
Speaker : Grand Chief Kitchi-Ostew-Kaneekanagoshick-Okimow-Wacon-Kaneekaneet [Lawrence Agecoutay]
Copyrighted TC75 2009
FINAL Submission To United Nations International Court Of Justice Without
Prejudice
Grand Chief Kaneekaneet [Lawrence Agecoutay] & Associates Lawrence / Robert Agecoutay & Chester Girard
INTERNATIONAL LAW CONSTITUTIONAL LAW & PARAMOUNTCY CONFLICT OF LAWS March
9thth,2009
law; and, in particular, not to create the question of bias on matters as raised
regarding points of human rights, genocide and alleged war crimes within reason
as established within the known public record
(F) To hold a “Court” as an officer of the law within the obligations of a charter member
of the United Nations; and, having accepted the obligations of the membership
Charter therein
(G) To have a UN Provost Marshal attend the “Court” when petitioned to do so by the
Accused – as in a petition for a legal counsel and protection against further physical
abuse while under arrest – as has been alleged by Grand Chief Kannekaneet
(H) The records of the trial before M.J. Gerein did not establish any clear evidence that
the harvested crop from the sovereign lands of Soto contained any cannabis
marijuana that would contravene the Canada Criminal Code
(I) The records of the “Treaty Four” that relates to the Pasqua and Soto Nations
provide clearly for the protection and preservations for the “Indians” of their
traditional medicine chests. Contrary testimony before the Gerein hearing did not
clearly contradict the Accused’s submissions on these points of right within
tradition. The matter of the jurisdiction of the proposed Treaty Four is clouded by
the historical
(J) No “Court” is competent to consider these matters of charge where they do not
establish fundamental knowledge with the Accused of their claimed jurisdiction and
Submitted Without Benefit Of Counsel Truth Shall Always Prevail Above
Ignorance 1
Addressed From Anishinabe Sovereign Soto Nation Turtle Island North
Speaker : Grand Chief Kitchi-Ostew-Kaneekanagoshick-Okimow-Wacon-Kaneekaneet [Lawrence Agecoutay]
Copyrighted TC75 2009
FINAL Submission To United Nations International Court Of Justice Without
Prejudice
Grand Chief Kaneekaneet [Lawrence Agecoutay] & Associates Lawrence / Robert Agecoutay & Chester Girard
INTERNATIONAL LAW CONSTITUTIONAL LAW & PARAMOUNTCY CONFLICT OF LAWS March
9thth,2009
duty to fulfill the dictates of state-nation statutes. And, clearly the “Court” did hear
and recognize and respond to questions on these matters of fundamental rights
from the Accused, supra. In fact, a Court which proceeds to hold a “trial” under
such conditions and therein commits these Accused to imprisonment where they
have clearly sustained their ignorance of the law, creates a vector of significant
abuse of authority exercised by the state-nation against the Accused, supra.
Summary
Section “A” – Jurisdiction by Crown Canada was not established against the
protestations
of the prisoners of war, Accused, supra
Section “B” – The Accused were not provided with any clear definition of jurisdiction
by
the presiding jurist M.J. Gerein in Saskatchewan
Section “C” – The Accused were involved in a commercial enterprise which is
fundamentally endorsed as a humanitarian project to protect the
environment; provide new traditional and contemporary holistic healing
which is endorsed by the science studies in the contemporary medical
community
Section “D” – no contention was submitted and no evidence existed individually or as a
conjunctive group that the Accused were in a criminal conspiracy that the
general public community would reject if they were sufficiently informed
of
the comprehensive business plan in electric power generation; building
materials, tonics, lotions, clothing, and a coterie of ancillary commercial
venues for hemp-based products. The only matter of misfortune on record
is
that they were under-funded in enterprises that would create labour-
intensive employment and training to “Indians” and other non-natives
through the growth factors in an industry that was the founding
commercial
enterprise for the United States of America; and, was the major global
Section Four : Compensation & Return Of Assets With Damages To The Accused,
supra
• Crown Canada will participate in a UN-supervised compensation for damages
resolution to the Accused, supra; including any third parties adversely affected by
the hostile actions of Crown Canada in these matters
Section Six : Consequences for Crown Canada By the United Nations For Hostile
Invasion
• Crown Canada will voluntarily sponsor the legal counsel expenses and reasonable
costs to these Accused, supra, for a Petition for Resolution before the United
Nations International Court Of Justice in the Hague on these matters of
paramountcy between “Indians” and non-natives in Turtle Island North / Canada
Section Seven : Public Apology To The Accused, supra, by Elizabeth II – Queen and
her
Assignee Canada and the province of Saskatchewan
• Elizabeth II-Queen and her Assignee Crown Canada will provide an adequate and
complete Public Press Release Apology on these matters of the release of the
Accused, supra; and, will cooperate with the United Nations Human Rights
Commission – with the assistance of the International Red Cross Association and
Amnesty International - in the context of this said Apology.