2003 CPCMotion 41789
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View Motion Document Collection - 2003 CarsMotionW 8875
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Court document related to:
Manitoba Metis Federation Inc. v. Canada (Attorney General), 2003 CarswellMan 62, 29 C.P.C. (5th) 148
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*****START OF COURT DOCUMENT*****
No. CI 81-01-01010
THE QUEEN'S BENCH WINNIPEG CENTRE
BETWEEN:
MANITOBA METIS FEDERATION INC., YVON DUMONT, BILLYJO DE LA RONDE, ROY CHARTRAND,
RON ERICKSON, CLAIRE RIDDLE, JACK FLEMING, JACK McPHERSON, DON ROULETTE, EDGAR
BRUCE Jr., FREDA LUNDMARK, MILES ALLARIE, CELIA KLASSEN, ALMA BELHUMEUR, STAN
GUIBOCHE, JEANNE PERRAULT, MARIE BANKS DUCHARME and EARL HENDERSON, suing on their own
behalf and on behalf of all other descendants of Métis persons entitled to land and other rights under Section 31 and
32 of the Manitoba Act, 1870, and CONGRESS OF ABORIGINAL PEOPLES,
PLAINTIFFS
AND:
ATTORNEY GENERAL OF CANADA and ATTORNEY GENERAL OF MANITOBA,
DEFENDANTS
KENNY MORIN
917-357 Kennedy Street
Winnipeg, Manitoba
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2003 CPCMotion 41789
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R3B 3B9
KENNY MORIN
Phone Number: 947 1805
AFFIDAVIT OF: KENNY MORIN SWORN THE 17 DAY OF FEB 2003
KENNY MORIN
917-357 Kennedy Street
Winnipeg, Manitoba
R3B 3B9
Phone Number: 947 1805
No. CI 81-01-01010
THE QUEEN'S BENCH
WINNIPEG CENTRE
BETWEEN:
MANITOBA METIS FEDERATION INC., YVON DUMONT, BILLYJO
DE LA RONDE, ROY CHARTRAND, RON ERICKSON, CLAIRE
RIDDLE, JACK FLEMING, JACK McPHERSON, DON ROULETTE,
EDGAR BRUCE Jr., FREDA LUNDMARK, MILES ALLARIE, CELIA
KLASSEN, ALMA BELHUMEUR, STAN GUIBOCHE, JEANNE PERRAULT, MARIE BANKS DUCHARME and EARL HENDERSON, suing
on their own behalf and on behalf of all other descendants of Métis persons
entitled to land and other rights under Section 31 and 32 of the Manitoba
Act, 1870, and CONGRESS OF ABORIGINAL PEOPLES,
PLAINTIFFS
AND:
ATTORNEY GENERAL OF CANADA and ATTORNEY GENERAL OF
MANITOBA,
DEFENDANTS
AFFIDAVIT OF: KENNY MORIN
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2003 CPCMotion 41789
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I, Kenny Morin, Captain/Chief of the Red River Half Breed Indians Of the City of Winnipeg, in the Province of Manitoba,
MAKE OATH AND SAY THAT
1. I am one of, on, behalf of the RED RIVER HALF BREED ASSOCIATION and myself Kenny Morin Petitioner and as
such have personel knowledge of the facts and matters hereinafter deposed to by me save and except where same are stated to
be based upon information and belief, in which case I verily believe them to be true.
2. A) He was my Ancestor Antoine Morin and others who had Signatories the Half-breed hunting rights Document sent to
Alexander Christie, Governor Of Red River Settlement in 1845 August 29 that predates 1870 Manitoba Act.
B) He was my Ancestor Antoine Morin who added to a fair degree of family who worked the Hudson Bay Service 1830,
1853.
C) He was my Ancestor Antoine Morin who worked as Interpreter for the Post Master 1852, 1853.
D) He was my Ancestor Antoine Morin who lead and fed (Sunday Sept 20 1857) Capt John Palliser by way of the Buffalo
and to find a Route through the West.
E) He was my Ancestor Antoine Morin who gave his name for Morin Lake, Morin Creek and Morin Lake trading post.
F) He was my Ancestor Antoine Morin who was discribed as a Plains Hunter as his occupation 21 July 1877 by his widowed
wife.
G) He was my Ancestor Antoine Morin who carried the Assinoboine Indian Blood, (aka) the Stoney of Red River Settlement.
H) He was my Ancestor Joseph Morin who Interpreted for Major Welch when the Great Chief Sitting Bull entered the North
West Territories. and several times when The Great Chief started camping at WoodMountain.
I) He was my Ancestor Joseph Morin who Interpreted at the Riel trial, for Chief One Arrow at Regina 13 Aug 1885
J) I am a descendent of him and wear this name proudly, as a true descendent of Half-breed Indians of Red River Settlement,
I fallow in his footprints as Leader, Captain, and Chief of the Red River Half-breed Indians.
K) Having at this present moment a strong belief, that we natives of this Country, and as Half-breeds, have the right to hunt
furs in the Hudson's Bay company's Territories, now known as Province of Manitoba.
L) Section 31 and 32 1,2,3,4,5 33 Victoria, c. 3 of the Manitoba Act 1870 clearlyshows that we have out standing land entitlements yet to be delivered.
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3. 2nd Lieutenant-Governor of Manitoba 1873-1877 Alexander Morris wrote,
The Half-breeds in the territories are of three classes—
1st, those who, as at St. Laurent, near Prince Albert, the Qu' Appelle Lakes and Edmonton, have their farms and homes:
2nd, those who entirely identified with the Indians, living with them, and speaking their language:
3rd, those who do not farm, but live after the habits of the Indians, by pursuit of the buffalo and the chase.
In 1876 I reported my views regarding the Half-breeds, about this third class of population in the North-West whose position
I desire to bring under the notice of the Privy Council. I refer to the wondering Half-breeds of the plains, who are chiefly of
French descent and a few Scotch descent live the life of the Indians, but there is a large class of Metis who live by the hunt of
the buffalo, and have no settled homes. I think that a census of the numbers of these should be procured, and while not be
disposed to recommend their being brought under treaties, I would suggest that land should be assigned to them, and that on
their settling down, if after an examination into their circumstance should be given them to enable them to enter upon agricultural operations.
Governor-General of Canada 1877 Rt Hon Frederick Temple Blackwood, Marquis of Dufferin (aka) His Excellency the Earl
of Dufferin FAREWELL DEJEUNER IN THE CITY HALL (winnipeg september 1877) SPOKE OF THE HALF-BREEDS
The Half-breeds there is no doubt that a great deal of the good feeling thus subsisting between the red men and ourselves is
due to the influence and interposition of that invaluable class of men the Half-breed settlers and pioneers of Manitoba. In fact
they have done for the colony what otherwise would have been left unaccomplished, and have introduced between the white
population and the red man a traditional feeling of amity and friendship which but for them it might have been impossible to
establish (more) in "GREAT" SPEECH delivered by the MARQUIS OF DUFFERIN AND AVA
I am a descendant of the Red River Settlement. In 1831 my ancestor Antoine Morin was allotted land, lot numbers 372 and
373 under the Hudson's Bay Company land tenures, 86 acres in the Parish of St. Norbert. The Hudson's Bay Company land
tenure ran from 1812 to July 15, 1870. Lot 726 of St. Boniface Parish belonged to Jean Baptiste Morin, another ancestor, then
the Roman Catholic Mission got the land on Febuary 21, 1873. My ancestors' lot number changed from Lot 726 of St Boniface to lot 76 later owned by the RC mission which leased the land for 200 years from Febuary 21, 1873. Lot 76 was made up
of many old lots belonging to the Half-breed, making 340.36 acres. Many of the Half-breed families in that area lost their
land to the church or it was transferred or held in trust to the church, this land in particular lies at the end of Tache by the river side which is now built up by the city. The Half-breeds were created right here in Canada—this is our homelands that we
share with First Nations.
4. The Manitoba Metis Federation dosen't speak for all Metis or Half-breeds in the Province. As you know, there is, The
Metis Nation of Manitoba, also Union National of Metis of St Joseph. With Respect the Manitoba Metis Federation should
change there name to Metis, Half-breed Federation if they claim to speak for the English-Protestant Halfbreed families or
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French-Catholic Metis families.
5. The differents with us. Is that we are the Red River Half-breed Indians, which are not under the Indian Act. We have a
Chief and Council. We are talking about the Half-breed Indians of Red River Settlement.
Captain and Chief of the Red River Half-breed Indians Kenny Morin
6.. As the waves of this Manitoba Metis Federation case pursue along. Once again, another group of individuals. True Natives and as Half-breeds of this country, are left behind—they the Red River Half-breed Indians of Red River Settlement. (On
March 21, 2002) I put forward, a hand delivered perposol dated March 14, 2002 on behalf of the Red River Half-breed Indians and Myself to the Government of Manitoba. Only to recieve acknowledge of proposel receipt. No other attention has fallowed to Grant this such proposol to the Red River Half-breed Indians under Section 31 and 32 of the Manitoba Act 1870. As
the Manitoba Metis Federation gain footage in there case. The Manitoba Metis Federation cannot claim all of the One Million
four hundred thousand acres of land set aside by the Queen for the Half-breeds under Section 31 of the Manitoba Act. The
Metis are only 1/4 of the four groups to have long out standing land entitlements. For there are other Metis and Half-breeds
waiting there long outstanding land entitlements under Section 31 and 32 of the Manitoba Act 1870. Where we come to, last
but not least the Red River Half-breed Indians, (under Section 31 and 32 of the Manitoba Act, 1870) of Red River Settlement.
Kenny Morin Captain and Chief of the Red River Half-breed Indians
7. Our concerns regarding Manitoba Queen's Bench No. C81-01-01010 MMF v Canada and Manitoba Under Section 31 and
32 of the Manitoba Act 1870 as inherent Half Breeds discribed by the Queen in 1870. The Manitoba Metis Federation Inc are
claiming rights to the Land issue of 1870, therefore the Red River Half-Breed Association Incorporated in fall of 2000 claim
rightful heritage to the Land in question. How can proceedings in Land issues be done without the Red River Half- Breed
Association Inc being not present. That is our legal stand on this issue.
(2) According to our Half-Breed Laws, our historic Leader Lous Riel Represented the Legal Division of the Half-Breeds. As
so, through out our formation of this country and prior to the Manitoba Act. Half-Breed Law and Jurisdiction has been practised before the creation of the Red River Settlement. And Province of Manitoba. There have been Recorders such as Adam
Thom, Francis Godschall Johnson, Dr. John Bun, John Black, Cuthbert Grant. On May 2, 1670 King Charles Granted to
Governors of Ruperts Land (that included Red River Settlement,) a Royal Charter to act in Jurisdiction and Judge, (therefore,
the Governor of Red River Half-Breed Association Represents our Legel Division and Council.) If an offence was committed
in any part of Rupert's Land, where there was no Governor and Council of Half-Breeds the offender would be sent to England
for Trial.
(3) If You or the Courts do not respect the Half-Breed Laws prior to Colonalisiam and the 1670 King Charles Royal Charter,
that then, would be some what Raciest to the Half-Breeds and Natives of this country, before 1870 and after.
(4) In Half-Breed Law casual spoken pleadings prevailed, Judges required to sit for long hours at a stretch, but yet not over
worked. In Half-Breed Law no attempt to exercise jurisdiction over any one, except when committed offences against the
Half-Breeds of this country.
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8. The Red River Half-Breed Association our letter dated Sun, 10 Nov 2002. informing all parties involved in the Land entitlements under Section 31 and 32 of the Manitoba Act. The Queens Proclamation of 1870 in regards to the Half-Breeds described by the Queen of that same Proclamation. The Queens Proclamation is Law. Also under
The Royal Charter of 1670. King Charles Royal Charter allows Governors of Red River Settlement Jurisdiction and Judge.
Which Allows Governors Legal statis. The Red River Half-Breed Associations Governor represents our Legal Division and
staff. To not Respect the 1670 Royal Charter and 1870 Proclamation that indeed would be treasonest to England and the
Crown.
If indeed the Red River Half-Breed Association is not allowed to participate in Court of Queens Bench No. C81-01-01010
case regarding Section 31 and 32 of the Manitoba Act, 1870. Half Breed Land entitlements, as sent earlier by email Wed, 27
Nov 2002 our Governor of the Red River Half-Breed Association will sue all parties involved in regards to the Half-Breeds
described by the Queen in her Proclamation 1870.
The Queen is the Executive of Canada. As Judges and attomey-at-law the Queens Proclamation must be respected as also the
1670 King Charles Royal Charter if indeed you serve the Crown. At this moment as Half-Breeds and Natives of this country I
have a stronge belief that The Red River Half-Breed Association has legal right.
9. Under this 1670 King Charles II Royal Charter, Red River Half-Breed Association has Legal Rights. To be Represent by
our Governor and Council. In regards to the Land Entitlement Case number C81-01-01010 Section 31 and 32 of the Manitoba Act, 1870 Half-Breed Land.
The British Parliament, in 1803 passed the Canada Jurisdiction Act. This short act provided, in part, as follows: "Offences
committed within any of the Indian Territories, etc, shall be tried in the same manner as if committed within the provinces of
Lower or Upper Canada. The Governor of Lower Canada may empower persons to act as justices for the Indian Territories,
etc for committing offenders until conveyed to Canada for trial, etc." If indeed not allowing the Red River Half-Breed Association to be party of this case, is a offence to the Half-Breeds in this Province of Manitoba under the Queens Proclaimation
of 1870 our Half-Breed Reserve Land.
In 1805, Lord Selkirk, having in mind the founding of a colony in Red River, obtained an opinion from Sir Samuel Romilly,
then the acknowledged leader of the Chancery Bar of England, that the Canada Jurisdiction Act gave no jurisdiction to the
Courts of Lower and Upper Canada to deal with offences committed within the territory of the Hudson Bay Company. Despite this uncertainty, the Courts of Lower and Upper Canada did exercise jurisdiction over offences committed in Rupert's
Land.
At York in October, 1818, before a Court presided over by Chief Justice Powell. This was but one of the cases, arising directly from the rivalry in the Fur Trade, which was tried in the Courts of Lower and Upper Canada. After Seven Oaks, a Royal
Commission was appointed to look into affairs in Rupert's Land. Its report was presented to Parliament in 1819. Two years
later, "An Act for regulating the Fur Trade and establishing a Criminal and Civil Jurisdiction within certain parts of North
America" was passed, quote, Number (4) Justices of the Peace were appointed to determine causes in the Indian Territories.
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In 1821 Rupert's Land was divided into four districts, called Departments. Each Department had its own Governor and Council. The District of Assiniboia, which extended for a radius of fifty miles from the junction of the Red and Assiniboine Rivers, was in the Northern Department. the Governor and Council of this Department held its first meeting on August 22, 1822.
The Governor and any two of this Council were empowered to administer law as well as judicial functions.
In 1835, Assiniboia was divided into four judicial districts, each with its own court over which a Magistrate or Justice of the
Peace was to preside. These courts could deal with only minor cases. More serious matters were to be heard by a General
Quarterly Court which consisted of the Governor and Council. The General Quarterly Court of Assiniboia met four time
yearly, in February, May, August, and November. In 1839, the Governor and Committee in London made further improvements in the judicial system.
The Red River Half-Breed Association cannot be denided there place as a party in this case to Half-Breed Land, set aside by
the Queens Law, her Proclaimation of 1870 under Section 31 and 32 of the Manitoba Act.
The Red River Half-Breed Governor is our Legal Representitive and also cannot be denide his part as Lawyer to this case. As
also his two Council to administer law. The Metis are only 1/4 of the four groups that are entitled to this Half-Breed Reserve
Land set aside in the Queens Law and Proclamation of 1870. The Red River Half-Breed Association encompesses all four
groups. We do not choose with only one group like the Metis.
10. All parties on behalf of there clients, include Associate Chief Justice Jeffrey Oliphant, Paul Anderson, Department of
Justice(Federal), Heather Leonoff, Q.C./Holly Penner Department of Justice(Manitoba), Thomas R. Berger, Q.C./Jim Aldridge, Q.C. Rosenbloom & Aldridge, Harley I. Schachter, Duboff Edwards Haight & Schachter, Professor Joseph Magnet,
University of Ottawa, Lionel Chartrand, Legal Aid involved with this case to date have been contacted several times to inform them of our legal stand (RED RIVER HALF BREED ASSOCIATION) in regards to the Half Breed Lands in question
under Section 31 and 32 of the Manitoba Act, 1870 by E-mail or Hand delivered by Kenny Morin, Captain/Chief of the Red
River Half Breed Indians.
I MAKE THIS AFFIDAVIT BONA FIDE AND IN SUPPORT OF OUR/MY NOTICE OF MOTION/ APPLICATION FOR
PARTY STATIS, LAND GRANTS AND PERCENTAGE IN BENIFITS IN THIS CASE OF SECTION 31 and 32 OF THE
MANITOBA ACT IN REGARDS TO THE HALF BREED LANDS SET ASIDE BY THE QUEEN, THE QUEENS
PROCLAMATION OF 1870 AND FOR NO IMPROPER PURPOSE WHATSOEVER
SWORN before me at the City of Winnipeg
)
, in the Province of Manitoba, this 17th day
)
of February, 2003
)
)
D. SIMCHUK
)
X
DEPUTY REGISTRAR
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COURT OF QUEEN'S BENCH
FOR MANITOBA
END OF DOCUMENT
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