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Some Premises in Alberta Court Case



Premise 1: Treaties are covenants between sovereign nations and only
sovereign nations can ratify and keep treaty terms (Vienna Convention on
Treaties, Articles 27 and 29);
 
Premise 2: No nation may summarily and legitimately deny to another
nation any of the same rights, principles and legal authorities that it
asserts for itself to assert, defend and legitimate its own existence
and derivative rights to sovereignty, freedom and self-determination
(International Covenant on Civil and Political Rights; International
Covenant on Economic, Social and Cultural Rights; UN Charter)
 
Premise 3: Each treating nation is recognizing--or at least not calling
into question--the existence, sovereignty, government, systems of
selecting members of government--and authority to bind whole populations
to terms of the treaty--of the other treating partner when forming and
ratifying a treaty;
 
Premise 4: No treaty is valid that contains within it, terms effectively
abolishing the other treating partner as a sovereign nation--as national
sovereignty, freedom, independence and self-determination are requisite
to having legal authority and standing to ratify and keep treaties and
treaty terms; 
 
Premise 5: No nation may legally or legitimately contrive or invoke
domestic laws to circumvent or breach treaty terms once ratified (
international canons of treaty construction on supremacy clauses
designed to make treaty terms complied with and binding and not
breachable through ruses and contrived domestic laws); 
 
Premise 6: The existence or non-existence of any group of people is
strictly determined by facts on the ground and tests under international
law and is in no way dependent upon recognition or non-recognition of
existence by any other nation or entity; were it not so, one nation
could simply abolish or exterminate another through redefinition and
non-recognition;
 
Premise 7: Calculated breaches of treaty terms by one or more treating
partners make a given treaty null and void;
 
Premise 8: No treaty may be considered legitimate without full, free and
fully-informed consent on all aspects of the treaty on the part of the
treating partners and without all treating partners being free of fraud,
duress, unconscionability, threats and calculated deception;
 
Premise 9: No person may be deprived of nationality without legal cause
nor may any person have nationality assigned without voluntary, free and
informed consent of the person;
 
Premise 10: No nation may assert national laws/sovereignty to commit
genocide or other breaches international law since domestic actions
often have spillover effects on other nations as well as on human beings
with fundamental rights under international law; for the same reasons
that provincial laws trump municipal laws (to preserve cohesion and
integrity of a whole province), and federal laws trump provincial laws
(to preserve the cohesion and integrity of a federal union and system),
so international law trumps federal law (to preserve the cohesion and
integrity of a global community of nations and peoples).
 
Premise 11: No need to cover-up what is clean only what is dirty; acts
of cover-up may be used to legally infer and establish mens rea
(criminal intent), existence of conspiracies and awareness of probable
or inexorable effects of given policies, common plans and actions; court
procedures and protocols may be used and are often used as instruments
of genocide and cover-up of genocide;
 
Premise 12: As court systems and evolving law (statutes, administrative
codes, case law and precedents) are often used to set up, carry out and
cover-up genocide, they are also used to ratify and legitimate genocide
such that they become tautological and abrogate or impeach themselves as
legal instruments available to those who set them up and have been
charged with genocide; e.g. would a Jew going to a nazi court expect
anything else but that nazi laws and precedents had been consciously set
up not only to facilitate and cover-up  genocide, but to ratify and
legitimate it when challenged?
 
Premise 13: No government or entities set up by an illegal, occupying
and genocidal power may ever be taken to be legal and legitimate
representatives or legitimate governments of the occupied peoples and
victims; for the same reasons under law and reason that the puppet Vichy
Government set up by nazi occupation forces in France could have never
been considered a legal and legitimate representative of the people of
France, the Tribal Councils set up under the Indian Act can never be
legally or legitimately taken to be representatives of the Blackfoot
People and Nation; 
 
Premise 14: The Indian Act and Treaty 7 are internally contradictory and
self-impeaching: they set up supposed special powers for the
"protections" of a delinated and special group (Indians) not set up for
other groups, yet also set up powers from which this targeted group need
protection for their continued existence and survival;
 
Premise 15: Intentions of persons or groups of persons may be legally
inferred and established from the highly probable--or inexorable--and
foreseeable effects (by a reasonable and prudent person free of bias,
malice or conflict of interest) of given policies, laws and actions
without necessary resort to tape recordings, insider documents,
informants etc giving actual utterances revealing intentions;
 
Jim C.
 



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