12. Notice Of Constitutional Questions, October 15, 2004

const.ques.frpg2.jpg

Court No.040949372Q1

COURT OF QUEEN’S BENCH OF ALBERTA

JUDICIAL DISTRICT OF EDMONTON

BETWEEN:

HER MAJESTY THE QUEEN

Her Majesty’s Loyal sworn subordinate

Officer(s) acting in Her Majesty’s name

(Trustee)

Respondents

(Trustees)

-and-

: colin : jones

Sentient human being, Heir, Successor as Signatory of the

Sovereign assini watchi neiyawak separate and distinct

Indigenous Peoples to Friendship Treaties (for the mutual

benefits for trade and commerce), The Peace Treaties (to

keep secure the trade and commerce), and Numbered

Treaties (entrusting the Sovereign Territories to Her

Majesty), made with Queen Victoria, Her Heir(s) and

Successor(s) as Queen Elizabeth II, Her Heir(s), Successor(s)

and Predecessor(s)

(Beneficiary)

Applicant

(Beneficiary)

_________________________________________

NOTICE OF CONSTITUTIONAL QUESTIONS

_________________________________________

TAKE NOTICE, that the Applicant (Beneficiary), will bring a notice

of constitutional questions before the presiding justice in regular

chambers, Law Courts, #1 Sir Winston Churchill Square, Edmonton,

Alberta, on the 23^rd day of November, 2004 at 10:00 A.M., in the

forenoon or so thereafter as the Applicant (Beneficiary) and council for

the respondent (Trustee) may be heard for, an agreed upon date for

special chambers for the Applicant (Beneficiary) notice of constitutional questions.

THE CONSTITUTIONAL QUESTIONS TO BE ASKED ARE

1. Does the forced appearance of the Applicant a Beneficiary and Signatory to a court of a subordinate Governing structure, a Trustee to the aforementioned Beneficiary and Signatory constitute a breach of s. 25(A) of the Canadian Charter of Rights and Freedoms (1982)?

2. Does the forced appearance of the Applicant a Beneficiary and Signatory to a court of an Alien Governing structure, a Trustee to the aforementioned Beneficiary and Signatory constitute a breach of the contract of ratification, dated the 2^nd day of April 1879?

3. Does the forced appearance of the Applicant a Beneficiary and Signatory to a court of an Alien Governing structure, a Trustee to the aforementioned Beneficiary and Signatory constitute a breach of the Trust made by adhesion, on the 18^th day of September, 1878, by actions of the secondary Trustee (Her Majesty’s Loyal sworn subordinate Officer(s)), in dereliction of sworn duty to Her Majesty, committing acts of conspired treason against Her Majesty?

4. Does the contract of ratification, dated the 2^nd day of April 1879, protect the Applicant, a Beneficiary and Signatory, of an Alien jurisdiction such as this forum?

5. Does the Trust made by adhesion, dated the 18^th day of September 1878, protect the Applicant a Beneficiary and Signatory, of an Alien jurisdiction such as this forum?

6. Does the Royal Proclamation (1763) protect the Applicant, a Beneficiary and Signatory to the Trust and any and all of the separate and distinct Indigenous Peoples referred to as NATIONS AND TRIBES OF NORTH AMERICA INDIANS, of an Alien jurisdiction such as this forum?

7. Does Her Majesty’s Order(s) dated the 28^th day of June, 1985, protect the Applicant, a Beneficiary and Signatory and any and all of the separate and distinct Indigenous Peoples referred to as NATIONS AND TRIBES OF NORTH AMERICA INDIANS, the Applicant a Beneficiary and Signatory and the Beneficiaries to the Trusts, of an Alien jurisdiction such as this forum?

8. Does Geo. III, c.138 1803 protect any and all of the separate and distinct Indigenous Peoples referred to as NATIONS AND TRIBES OF NORTH AMERICA INDIANS, the Applicant a Beneficiary and Signatory and the Beneficiaries to the Trusts from the Governing structures of the Federal, Provincial or Municipal Governments?

9. Can a Trustee have a negative effect on its Beneficiaries without having 100 percent of the Beneficiaries knowledge and un-coerced consent?

10. Does the commanding of the Applicant to appear under duress into this Alien jurisdiction constitute a form of genocide?

The infringement

11. A charge was laid by a Trustee against the Applicant (a Beneficiary and Signatory to the contract of ratification and to the Trust), File No. 040949372 Q 1 under section 353(1)(B) and section 355 (B) of the criminal code of Canada.

12. The Applicant is an Heir, Successor, Beneficiary and Signatory of the Trust, of a Sovereign separate and distinct Indigenous Peoples referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS under the protection of the Monarch and not a subject of the Monarch, or any secondary Trustees.

Points to be argued

13. The Applicant is an Heir and Successor, Beneficiary and Signatory of the Trust of Indigenous Peoples referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS that is separate and distinct from the Canadian system.

14. The Applicant is not Enfranchised, nor could he or any other Indigenous Peoples under the protection of the Monarch as noted in the Royal Proclamation (1763) and by order of Her Majesty dated the 28^th day of June, 1985, not be held enfranchised.

15. That the issuance and assignment of documents by the Federal, Provincial or Municipal Governments, such as; social insurance numbers, birth certificates, drivers’ licenses, etc., to Indigenous Peoples referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS under protection of the Monarch, constitutes an alleged enfranchisement of the Indigenous Peoples referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS, thereby giving jurisdiction over the Indigenous Peoples by those levels of government and as such that so-called enfranchisement is unlawful and in breach of the Royal Instructions.

16. Charges laid against the Indigenous Peoples are done so in violation of Geo. III, 1803 c. 138.

17. The alleged offence under the Canadian system is ultra vires the Federal, Provincial or Municipal Government’s authority in the Code’s application to the Indigenous Peoples.

18. All servants of the Queen have the onerous fiduciary responsibility to the Beneficiaries and the Applicant is a Beneficiary. It would be a conflict of interest for the Beneficiary to be prosecuted and adjudged by the secondary holders of the Trust. As such this would be in violation of the Royal Instructions that the Applicant was not to be harmed or molested in any manner.

19. The very nature of the actions and or lack thereof by the Federal and Provincial Governments, and in particular the implementation of the Indian Acts of the Federal Government, are prima facie evidence of the genocidal path the secondary Trustees embarked upon.

20. The Indian Acts are the corpus delicti of the genocide that is being perpetrated upon the Beneficiaries, the Indigenous Peoples referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS by the secondary holders of the Trust, the Federal and Provincial Governments.

21. The Applicant is protected under Heritage and Custom(s) (Great Law) and International Law and

not subject to the Alien jurisdiction of the Federal, Provincial or Municipal Governments bi-laws.

22. The Applicant is an Heir, Successor, Beneficiary and Signatory of the assini watchi neiyawak, a separate and distinct Indigenous Peoples referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS. The Canadian system is an Alien jurisdiction that was established to protect the Indigenous Peoples from the European systems and Peoples and does not apply directly to the Applicant or any Indigenous Peoples.

23. On the 5^th day of August 2004, the Applicant was charged under s. 353(1)(B) and s. 355(B) of the Criminal Code of Canada, file No. 040949372 Q 1 and as such is not an offence applicable to the Applicant.

24. On the 5^thday of August 2004, Her Majesty’s Loyal sworn subordinate Officer(s), molested, kidnapped and confined the Applicant, Beneficiary and forced by torture, by pain of handcuffs, the Applicant, Beneficiary to submit under duress to rape, took thumbprints (seal) and photographs (identity) and forced under duress the Applicant, Beneficiary to mark the documents usurping subject matter jurisdiction over the Applicant, Beneficiary to Federal, Provincial and Municipal Alien Governing structures of regulations licensing, fees and fines. The Applicant, Beneficiary repeatedly throughout, objected, declaring he was a Beneficiary, but was ignored by the secondary Trustees and the secondary Trustees made a conscious decision, to violate Royal Instructions and molest and force the Applicant, Beneficiary into the Alien jurisdiction of the subordinate Governing structure.

25. The Applicant, an Heir and Successor of a Sovereign separate and distinct Indigenous Peoples, assini watchi neiyawak, on miskanahkministik (turtle island) referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS and is a Beneficiary and Signatory to the Trust made by adhesion the 18^th day of September, 1878, with Her Majesty, Her Heir(s) and Successors as the Monarch of England for Great Britain and Ireland. The current Federal Governing structure of Canada came about in 1867, when the Trust passed from the Primary Trustee, Queen Victoria to the newly created and secondary Trustee, the Federal Governing structure titled Canada. The Applicant as Signatory accepted the 2nd day of April, 1879, by contract of ratification the offers of the Federal Governing structure titled Canada assuming as the secondary Trustee to hold the Indigenous Peoples Territories in Trust to fulfill all obligations for the non-negotiable benefits and entitlements due the Applicant, Beneficiary of the Trust. And the Queen is permitted to work the lands in a futile manner such as a serf would. The Federal, Provincial or Municipal Governing structures therefore lack one of the fundamental requirements for nationhood and are the secondary Trustee acting for the Monarch to uphold the Trust. The Applicant is the great, great grandson of Michel Calistrois, okimow (head) for the Sovereign assini watchi neiyawak separate and distinct Indigenous Peoples on miskanahkministik (turtle island).

Enfranchisement

26. The Applicant is a Beneficiary and Signatory to the Trust. The Trustees have a fiduciary responsibility to the Beneficiaries, Indigenous Peoples and are not allowed to set up their own latches in order to avoid their onerous tasks in administration of the Trust. s. 91.24 of the B.N.A. Act 1867 did not turn the Indigenous Peoples into the property of the Federal Governing structure. The Trusteeship cannot absorb the Beneficiaries to that Trust with the intent of withholding the non-negotiable benefits and entitlements due the Beneficiaries, Indigenous Peoples, under the Trust. The Indigenous Peoples are to be protected and remain unmolested as noted in the Royal Proclamation (1763). In 1985 Her Majesty ordered the scheme of enfranchisement and its provisions of the secondary Trustee of the Federal Governing structure of titled Canada to be repealed and removed. To continue to hold the Indigenous Peoples under the fraudulent scheme of enfranchisement and its provisions, is molesting and leaving the Indigenous Peoples unprotected and is further an insidious attempt for the extinguishments of the Sovereign Indigenous Peoples title. As such by actions and refusals have tainted Her Majesty’s honour, Dignity, Character and Credibility, placing the administration of justice for Her Majesty’s Proclaimed Royal Will and Pleasure, Law, Treaties, the Supreme Law for Her Majesty’s Trust Territories titled Canada, in a state of disrepute, and by refusals actions or lack thereof upon pretence of fraud are committing, with conspired, intent, knowledge and forethought actions and acts of treason against Her Majesty Queen Elizabeth II, Her Heir(s), Successor(s) and Predecessor(s).

Identification

27. The carrying of identification, “viz legal personality”, generated by the Federal, Provincial or Municipal Governing structures, by any Indigenous Peoples, is only meant for convenience. The carrying of such “legal personality” does not nor could not change the situation of any Indigenous Peoples from that of a Beneficiary to the Trust to the “property” of any of the Governing structures. The only purpose that any Indigenous Peoples would carry such “legal personality” would be for identification and competency reasons. To use “legal personality” against any Indigenous Peoples, with the intent to deprive that Indigenous People, or any Indigenous Peoples of their Heritage and dues under the terms of the Trust would be in direct violation of the Royal Instructions. The Trustees routinely arrest and detain the Indigenous Peoples who do not carry the Trustees “legal personalities”.

Criminal Code is ultra vires to Indigenous

Peoples

28. The Applicant is an Heir, Successor Beneficiary and Signatory of a Sovereign separate and distinct Indigenous Peoples on miskanahkministik as evidenced in the Treaties, offers and agreements with the several Indigenous Peoples referred to as TRIBES OR NATIONS OF NORTH AMERICA INDIANS with the several Monarchs of England. The fundamental requirement for a Treaty is that it requires at least 2 Sovereign Nations. Any so-called Treaty held out by the Federal Governing structure are not Treaties. The Federal Governing structure does not own any land and any “deals” that could be done were to improve the terms and conditions of the benefits. Nothing could be taken away from the prior Bargains authorized by the Monarchs and even the Monarchs could not reverse any provision given by a previous Monarch. Under Geo. III c. 138, 1803, Indigenous Peoples brought to Her Majesty’s Courts shall be acquitted.

Top Of Page