Electronic Law Journals Law Social Justice and Global Development Journal Canada’s Forgotten Founders: The Modern Signifance of the Haudenosaunee (Iroquois) Application for Membership in the League of Nations

Canada’s Forgotten Founders: The Modern Signifance of the Haudenosaunee (Iroquois) Application for Membership in the League of Nations

Grace Li Xiu Woo

PhD Candidate,
Université du Québec à Montréal,
Montreal, Canada
glxwoo@hotmail.com

Contents

Word icon and download article in .rtf format Download

http://www2.warwick.ac.uk/fac/soc/law/elj/lgd/2003_1/woo

 

Anishinabe Turtle Island Links and People

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Alan Ojiig Corbiere, Bne doodem (The ferocious and predatory Ruffed Grouse clan), is Anishinaabe from M`Chigeeng First Nation on Manitoulin Island. He was educated on the reserve and then attended the University of Toronto for a Bachelor of Science, before entering York University where he earned his Master of Environmental Studies. His graduate studies focussed on Anishinaabe narrative and language revitalization. For five years he served as the Executive Director at the Ojibwe Cultural Foundation in M`Chigeeng, a position which also encompassed the roles of curator and historian. Currently he is the Anishinaabemowin Revitalization Program Coordinator at Lakeview School, M`Chigeeng First Nation,  helping to ensure  the implementation of bilingual education for the first time in the history of the community.  Author and co-author of a number of articles and catalogue essays on cultural production, Corbiere  researches and  lectures extensively on  early interactions between First Nations communities and Europeans,  emphasizing the importance of such objects as  wampum belts  in reading the past.

Clarence Epstein

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Clarence Epstein is Director of Special Projects and Cultural Affairs in the Office of the President of Concordia University. Responsible for matters of cultural property, museum relations and built heritage, he oversees one of the largest public art programs of any Canadian university and the “Quartier Concordia” urban planning project. However, the dossier which has received the greatest public attention relates to Concordia’s efforts in recovering hundreds of paintings lost during the Nazi era by the art dealer, collector and benefactor – Dr. Max Stern.  Acting on behalf of the three university beneficiaries of Dr. Stern’s estate – Concordia University, McGill University and the Hebrew University of Jerusalem – Concordia is successfully spearheading a worldwide restitution project. The moral, legal, and financial imperatives that are in constant play when major educational institutions commit to addressing looted art issues has propelled this project to the front of the international stage. Dr Epstein is also an Affiliate Associate Professor in the Department of History.

‘England conquered half the world in successive fits of absence of mind.’

Canada’s Forgotten Founders: The Modern Signifance of the Haudenosaunee (Iroquois) Application for Membership in the League of Nations

By: Grace Li Xiu Woo PhD Candidate, Université du Québec à Montréal, Montreal, Canada glxwoo@hotmail.com….

‘England conquered half the world in successive fits of absence of mind.’
Sir John Seeley, Professor of History
Cambridge University 1869 – 1895
– Dawson (1937: 196) –

1. Introduction

Countries like Canada that are a product of the colonial process, are faced with a paradox. We have been attempting to reorient our laws to accord with modern equality rights without bothering to reevaluate the way our history was constructed during the age of imperial expansion and aggression. This paper seeks to address some of the resulting ambiguity by raising awareness of one pivotal event. Though omitted from most accounts of the 20th century, it deserves a prominent place in our collective memory, not only because of the light it casts on the development of Canada’s national identity, but also because it provides a key to understanding why success eludes our well-meaning attempts to achieve both international peace and a solution for complex Indigenous rights issues.

Continue reading ‘England conquered half the world in successive fits of absence of mind.’

Prepare for a Massive Natural Disaster – Red & Blue Kachina

Daisy Luther is a freelance writer and editor.  Her website, The Organic Prepper, offers information on healthy prepping, including premium nutritional choices, general wellness and non-tech solutions. You can follow Daisy on Facebook and Twitter, and you can email her at daisy@theorganicprepper.ca

Former Congressman Roscoe Bartlett has been preaching the dangers of EMP, whether deliberate or natural, for many years:

We could have events in the future where the power grid will go down and it’s not, in any reasonable time, coming back up. For instance, if when the power grid went down some of our large transformers were destroyed, damaged beyond use, we don’t make any of those in this country. They’re made overseas and you order one and 18 months to two years later they will deliver it. Our power grid is very vulnerable. It’s very much on edge. Our military knows that.

There are a number of events that could create a situation in the cities where civil unrest would be a very high probability.

I think that those who can, and those who understand, need to take advantage of the opportunity when these winds of strife are not blowing to move their families out of the city. (source)

 Homeland Security and other government agencies have been preparing in secret for a grid disaster for several years now

Former DHS secretary Janet Napolitano ominously warned ahead of the Grid Ex II multi-agency drill that an unprecedented collapse of the power grid is imminent, and could result from a cyber attack, an EMP or a massive natural disaster:

The outgoing Homeland Security Secretary has a warning for her successor: A massive and “serious” cyber attack on the U.S. homeland is coming, and a natural disaster — the likes of which the nation has never seen — is also likely on its way.

An electrical grid joint drill simulation is being planned in the United States, Canada and Mexico. Thousands of utility workers, FBI agents, anti-terrorism experts, governmental agencies, and more than 150 private businesses are involved in the November power grid drill.

If the power grid fails, a lack of electricity and food delivery are only the first wave of troubles facing the American people. Police could face major problems with civil unrest. Of course, there also would not be any electric heating or cooling, which easily could lead to many deaths depending on the season. (source)

The Likelihood of a severe geo-magnetic event capable of crippling our electric grid is 100%.
-Congresswoman Yvette Clarke (D-NY), Senior Member House Homeland Security Committee

 

What Can You Do to Be Ready?

It doesn’t honestly matter HOW the grid goes down. Whether it is an enemy attack, as in the novel One Second After, a government false flag in order to institute martial law, or a natural act that is the result of a solar flare, a long-term grid collapse will result in an extremely high death toll.

If you are already of the preparedness mindset, you’ll fare better than the average North American.  However, many people have never contemplated the following questions:

  • How will you get food if the grocery stores are closed?
  • How will you cook food if you are able to acquire it?
  • What will happen to the perishable food in your refrigerator and freezer?
  • How will you heat and cool your home if you are in an area subject to extreme temperatures?
  • What will you use for light once the scented candle that sits on your coffee table is gone?
  • How will you transport yourself if a) your vehicle doesn’t run because the computers are fried or b) it runs but you can’t get gas because the pumps at the station run on electricity?
  • What will you drink and wash with if the municipal water facilities are no longer providing water or if the pump on your well runs on electricity?

Daisy Luther is a freelance writer and editor.  Her website, The Organic Prepper, offers information on healthy prepping, including premium nutritional choices, general wellness and non-tech solutions. You can follow Daisy on Facebook and Twitter, and you can email her at daisy@theorganicprepper.ca

Anishinabe mythology a Wolf character is the brother and true best friend of the culture hero

“Wolves figure prominently in the mythology of nearly every Native American tribe. In most Native cultures, Wolf is considered a medicine being associated with courage, strength, loyalty, and success at hunting. Like bears, wolves are considered closely related to humans by many North American tribes, and the origin stories of some Northwest Coast tribes, such as the Quileute and the Kwakiutl, tell of their first ancestors being transformed from wolves into men. In Shoshone mythology, Wolf plays the role of the noble Creator god, while in Anishinabe mythology a wolf character is the brother and true best friend of the culture hero. Among the Pueblo tribes, wolves are considered one of the six directional guardians, associated with the east and the color white. The Zunis carve stone wolf fetishes for protection, ascribing to them both healing and hunting powers.” Continue reading Anishinabe mythology a Wolf character is the brother and true best friend of the culture hero

The Doctrine of Ultra Vires, if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.

Ultra Vires

Latin, Beyond the powers. The doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.

The doctrine of ultra vires played an important role in the development of corporate powers. Though largely obsolete inmodern private corporation law, the doctrine remains in full force for government entities. An ultra vires act is one beyond the purposes or powers of a corporation. The earliest legal view was that such acts were void. Under this approachcorporation was formed only for limited purposes and could do only what it was authorized to do in its corporate charter.

This early view proved unworkable and unfair. It permitted a corporation to accept the benefits of a contract and then refuse to perform its obligations on the ground that the contract was ultra vires. The doctrine also impaired the security of title to property in fully executed transactions in which a corporation participated. Therefore, the courts adopted the view that such acts were Voidable rather than void and that the facts should dictate whether a corporate act should have effect.

Over time a body of principles developed that prevented the application of the ultra vires doctrine. These principles included the ability of shareholders to ratify an ultra vires transaction; the application of the doctrine of Estoppel, which prevented the defense of ultra vires when the transaction was fully performed by one party; and the prohibition against asserting ultravires when both parties had fully performed the contract. The law also held that if an agent of a corporation committed a tort within the scope of the agent’s employment, the corporation could not defend on the ground that the act was ultra vires.

Despite these principles the ultra vires doctrine was applied inconsistently and erratically. Accordingly, modern corporation law has sought to remove the possibility that ultra vires acts may occur. Most importantly, multiple purposes clauses and general clauses that permit corporations to engage in any lawful business are now included in the articles of incorporation. In addition, purposes clauses can now be easily amended if the corporation seeks to do business in new areas. For example,under traditional ultra vires doctrine, a corporation that had as its purpose the manufacturing of shoes could not, under its charter, manufacture motorcycles. Under modern corporate law, the purposes clause would either be so general as to allow the corporation to go into the motorcycle business, or the corporation would amend its purposes clause to reflect the new venture.

State laws in almost every jurisdiction have also sharply reduced the importance of the ultra vires doctrine. For example,section 3.04(a) of the Revised Model Business Corporation Act, drafted in 1984, states that “the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.” There are three exceptions to this prohibition: it may be asserted by the corporation or its shareholders against the present or former officers or directors of the corporation for exceeding their authority, by the attorney general of the state in a proceeding to dissolve the corporation or to enjoin it from the transaction of unauthorized business, or by shareholders against the corporation to enjoin the commission of an ultra vires act or the ultra vires transfer of real or Personal Property.

Government entities created by a state are public corporations governed by municipal charters and other statutorily imposed grants of power. These grants of authority are analogous to a private corporation’s articles of incorporation. Historically, the ultra vires concept has been used to construe the powers of a government entity narrowly. Failure to observe the statutory limits has been characterized as ultra vires.

In the case of a private business entity, the act of an employee who is not authorized to act on the entity’s behalf may,nevertheless, bind the entity contractually if such an employee would normally be expected to have that authority. Withgovernment entity, however, to prevent a contract from being voided as ultra vires, it is normally necessary to prove that the employee actually had authority to act. Where a government employee exceeds her authority, the government entity may seek to rescind the contract based on an ultra vires claim.

Further readings

Greenfield, Kent. 2001. “Ultra Vires Lives? A Stakeholder Analysis of Corporate Illegality.” Virginia Law Review 87(November).

Snodgrass, Frank R. 1995. Dealing with Governmental Entities. New York: Practising Law Institute.

Tomonori, Mizushima. 2001. “The Individual as Beneficiary of State Immunity: Problems of the Attribution of Ultra Vires Conduct.” Denver Journal of International Law and Policy (summer-fall).

Cross-references

Scope of Employment.

West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

ultra vires

(uhl-trah veye-rehz) adj. Latin for “beyond powers,” in the law of corporations, referring to acts of a corporation and/or its officers outside the powers and/or authority allowed a corporation by law. Example: Directors of High fliers, Inc. operatesmall bank for its employees and friends, which corporate law does not permit without a bank charter, or sells shares of stock to the public before a permit is issued. (See: corporation)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

ultra vires

adjective illegitimate, unallowed, unchartered, unlicensed, unsanctioned, unwarranted
Associated concepts: ultra vires act, ultra vires doctrine

Burton’s Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.

ultra vires

‘beyond the power’. An act is ultra vires if it is beyond the legal powers of the person doing it; thus an act by a company not expressly or impliedly permitted by its memorandum or articles is ultra vires. In the UK, the ultra vires doctrine has been radically changed by the Companies Act 1989 to the extent that persons doing business with companies without notice of the problem have little to fear. The doctrine still applies in relation to other bodies such as local authorities.

Collins Dictionary of Law © W.J. Stewart, 2006

Canada Day celebrations across the country, but CANADA has not paid The Anishinabe Government of Turtle Island the Rent For 150 YEARS!

  • Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.  Louis D. Brandeis
  • The most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities. Lord Acton

Canada Day celebrations across the country, but CANADA has not paid The Anishinabe Government of Turtle Island the Rent For 150 YEARS!

Continue reading Canada Day celebrations across the country, but CANADA has not paid The Anishinabe Government of Turtle Island the Rent For 150 YEARS!

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