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We are publishing our press release dated July 11, 2022 that provides detailed information about our plans and our media platform, including our Journal. our main focus has always been to restore the Haldimand Tract to its rightful owners. We have already begun this process and we are now ready to announce it. Read Press Release

Understanding the Complexities of Dissolving Innocent Third-Party Purchaser Status

Laches is a legal defense raised by defendants in civil disputes to argue that the claimant has waited too long to assert their rights. The Royal Proclamation of 1763 aimed to prevent deceptive acquisition of Indian land without their consent. An "innocent third-party purchaser" refers to someone who buys land without knowledge of its treaty status. "Willful blindness" is intentionally ignoring facts. "Exclusive use and enjoyment" refers to the rights of the Mohawk Posterity to exercise, possess, and benefit from property. Mohawk Posterity asserts their rightful claim to lands and properties and expects innocent third-party purchasers to honor the treaty. Ignoring this duty is criminal negligence with international implications.

The legal doctrine of "Laches" concerns negligence in fulfilling a duty or taking advantage of an opportunity. Specifically, it refers to an undue delay in asserting a legal right or privilege. This defense is often raised by defendants in civil disputes to argue that the claimant has waited too long to assert their rights and therefore, should not be entitled to pursue an equitable claim.

The Royal Proclamation of 1763 was enacted to address the issue of "Misprision of Treason," which served as a punishment for colonial officials and judges who assumed jurisdiction prematurely. The proclamation aimed to prevent the deceptive acquisition of Indian land without their consent. Prematurely assuming jurisdiction is akin to prematurely assuming innocence.

The concept of an "innocent third-party purchaser" is complex, and determining who qualifies as such is not straightforward. In the context of Indian treaty land in Canada, it refers to an individual who purchases land without knowledge of its treaty status. It is important to note that laches should not be utilized as a defense to encroach upon treaty lands. When exploring this status, it reveals the potential for various forms of pretense used to obtain this special status, which violates the spirit and letter of the law.

"Willful blindness" is a term that describes the intentional act of closing one's eyes to the high probability of a fact existing. In legal terms, it is tantamount to having knowledge when a person purposefully refrains from making inquiries about something they do not wish to know. Willful blindness does not apply when someone fails to make inquiries due to a lack of awareness. Proving guilt in cases involving willful blindness is rare but not impossible, although there is no requirement for prior notification or knowledge of this peculiar risk.

The phrase "exclusive use and enjoyment" holds legal implications, particularly in relation to the rights of the Mohawk Posterity as outlined in the Haldimand Proclamation, which includes the phrase "enjoy forever." It signifies the exercise, possession, and enjoyment of a right or privilege, as well as the ability to derive benefits and income from property.

The Mohawk Posterity has the rightful claim to exclusive use and enjoyment without the obligation to defend borders or notify every individual. The innocent third-party purchasers are not exempt from understanding that the Mohawk Posterity is the legal owner of the lands, attached assets, and all immovable properties, including houses and infrastructure.

The Mohawk's aspiration includes reclaiming lands and properties to expand the right of exclusive use and enjoyment. By conveying this intention, the Mohawk aim to dispel the presumption of innocence from so-called innocent third-party purchasers and highlight their legal and civic obligation to honor the treaty. Failure to fulfill this duty causes harm and diminishes the rights of the Mohawk Posterity. Neglecting a duty mandated by law constitutes criminal negligence. Despite claims that failing to acknowledge our rights is solely a domestic or civil matter, these violations have international, otherworldly, and criminal implications.

InformationThis is a condensed version of a longer article with additional resources and citations, plese take time to read the longer article here

By Benjamin Doolittle UE · July 23, 2023 · Comments: 0 · RSS · Permalink

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