http://www.cbc.ca/canada/story/2009/02/13/native.htmlWe indigenous people are all in this together:The lawyer for two Alberta Indian bands that lost a multimillion-dollar case involving oil and gas revenues at the Supreme Court in Ottawa Friday says the fight is not yet over.Lawyer James O’Reilly said Friday in Montreal he is advising his clients to take the issue to the United Nations, which recently adopted a declaration of rights for aboriginal peoples.In a 7-0 decision, the country’s top court ruled the federal government does not have to pay the Samson and Ermineskin bands $1.4 billion they claimed in damages and lost investment revenues between 1972 and the early 2000s.The two bands from the Hobbema reserve near Red Deer have been in court since 1989 and 1991 respectively, arguing that federal authorities mismanaged oil and gas royalties by not investing that cash in a diversified portfolio that could have earned higher returns.Instead, the money was held in a fund with an interest rate ranging from three to six per cent.The Crown was not obliged to invest the bands' money, according to the high court.Indian Act cited in rulingIt ruled that the Indian Act governing the fiscal arrangement limited what Ottawa could do with the money. The government cannot be accused of breaking its legal duty to the bands when it was acting within such legal restrictions, wrote Justice Marshall Rothstein.The Indian Act once allowed investment of such trust funds "from time to time" but that provision was removed in 1951 because Ottawa wasn't actually using it, Rothstein wrote."I think it's a very narrow interpretation," said O’Reilly of the ruling."I think it's very conservative. It ignores the constitutionalized rights of aboriginal people. I think it reaffirms the status of the Indian Act as the governing piece of legislation for Indian people in a lot of matters, and I thought that that had been discredited 35 and 40 years ago."Although it can be argued in hindsight that stocks or bonds would have paid more, such moves would not have been risk-free, Rothstein wrote.Investing in equities not risk-free, justice saysThey might also have led to even less spending control for the bands "because investment in a diversified portfolio would not have permitted complete liquidity of the royalties without the risk of substantial losses," he wrote.Combined legal costs for all sides are estimated at well over $100 million. The court dismissed the case with costs."It’s perhaps one of the most major Indian rights cases in Canadian history," said O’Reilly."The government does not allow Indian nations to handle their own monies or assets so the big fight for 20 years was to get the money out of the hands of the federal government."
We feel the same as the U.S. government is consistent. They do not intend to allow Hawaiians to handle their own monies or assets. The asset is being the central location of Hawaii in the Pacific Ocean. They can apologize all they like, but the world outside of Hawaii is becoming aware of this. U.S. deceit and overthrow of the Hawaiian Kingdom is one of many that they took over and descimated many cultures.
The monies are the revenues from businesess or taxes they collect that will no longer exist. It will be paid to the Hawaiian Kingdom. AKAKA BILL prevents kanaka maoli to maintaing lands or revenues for themselves. If you signed the AKAKA BILL, you will get nothing and struggle every year to beg for monies what is rightfully due.
Thesepost are important coming from po'e from across the sea what is happening in their "back yard." Let us not put our guard down and allow the U.S. to do this to us. WE WILL SHAKE, RATTLE AND ROLL, FOR WE STAND WITH OUR KUPUNA AND KEIK, We will be victorious!
Mahalo for sharing and keep us informed. I'm sure this is happening in many places too!
I hope that this case going before the United Nations based on the Declaration of the Rights of the Indigenous Peoples of the World will help to Free Indigenous Peoples all over the world, including in Hawaii.
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The monies are the revenues from businesess or taxes they collect that will no longer exist. It will be paid to the Hawaiian Kingdom. AKAKA BILL prevents kanaka maoli to maintaing lands or revenues for themselves. If you signed the AKAKA BILL, you will get nothing and struggle every year to beg for monies what is rightfully due.
Thesepost are important coming from po'e from across the sea what is happening in their "back yard." Let us not put our guard down and allow the U.S. to do this to us. WE WILL SHAKE, RATTLE AND ROLL, FOR WE STAND WITH OUR KUPUNA AND KEIK, We will be victorious!
Mahalo for sharing and keep us informed. I'm sure this is happening in many places too!