Christ Claims Canada

No. _17041__
Terrace Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA



Between
James Russell Sterritt
Plaintiff

And
Sergeant Hector Lee and Corporal Don Wrigglesworth and the Royal Canadian Mounted Police, and Melanie Smoke and Dianne Shanoss and The Gitanmaax Indian Band, and the Minister of Indian Affairs

Defendants

STATEMENT OF CLAIM


1.Plaintiff is a Status Indian residing at Kitanmaax Village, and was born there April 20th 1943, and is a status member of the Gitanmaax Indian Band, and is the Chief of the Kitsilano Indian Band, and Plaintiff is the only Christian Prince of Wilpse Haaxw, presently claiming ownership of the hereditary title of Kitsilano by competent prescription in concert with the Salish heir of the title named Frank Williams, who presently resides at Squamish BC.

2.Plaintiff claims the title of Kitsilano pursuant to Ayoak Amnigwotque, which is Father's right, since Plaintiff's father is Charlie Sterritt (1985-1967), who held the title of Haaxw until the Wilpse passed the title to Charlie Olsen, and Charlie passed into Heaven. Ms. Shannon Wright is the current holder of the Title Haaxw

3.Plaintiff claims his rights in the same lands as he is the present heir of the title of Christ by virtue of competent prescription of the title of Christ. Plaintiff's claim of right in the title of Christ is based on being born in the very way predicted in Isaiah 7, verse 14, which predicts that the next Christ would be born, as Jesus was, by being conceived by and born to the Alma.

4. Plaintiff's mother is Alma Jean Sterritt (1917-1967) who did not know how Plaintiff was conceived, while her husband was away in Europe during the Second World War. Plaintiff was subjected to spite and other abuse by his step-father and half-siblings, all of his life, including in the harassment and mischief set out in this claim.


5.The aboriginal title Kitsilano is commensurate with the Biblical title of Christ, by virtue of its genesis in the Kitksan Adaawk, while the Biblical title of Christ is equivalent to the aboriginal title of Kitsilano, by virtue of both titles deriving from the founding story of the world, which begins in Genesis, continues in the Holy Bible up to the Revelation of St. John, and having continued throughout history up to the present day.

6.The Kitsilano Adaawk arrived in Kitanmaax around 1233A.D., when the Khitan Imperial Family fled out of Asia to escape from Genghis Khan.

7.The aboriginal titles, Kitsilano and Christ, combine to produce the highest right of land ownership in the world, which right in the Province of British Columbia, is the highest Indian title that it is possible to hold and assert as a right in Provincial land, and Plaintiff holds ownership of, and asserts that title and right, and Plaintiff claims that title and right against all other aboriginal titles and rights in the Province of British Columbia, by virtue of competent prescription and by exercising his rights of ownership of the Provincial land, and by claiming ownership of all lands in the Province of British Columbia, as Plaintiff's private and generic right within Potlatch and under Aboriginal title.

8.Plaintiff's rights and claims are founded in the written history of the world, and in the oral Adaawk, of the Indigenous tribes of the Province of British Columbia, and therefore Plaintiff's title and rights to the land, are recognized and affirmed by and in Section 35.1, of Constitution Act 1982, and therefore are qualified to be upheld and declared to exist as real rights according to court decisions, and obiter dicta, by the Supreme Courts of British Columbia and of Canada.

9.Plaintiff's claim of the highest right of ownership of the Province of British Columbia is rooted in the fact that Kitsilano's title is both Salish and Kitksan, because the first Kitsilano was the son of a Kitksan mother and of a Salish father. Kitsilano was born in the Village of Tscin Haaxw, which translates as the House of Haaxw, while the title Haaxw comes down to the present from the title and the rights given by Heaven to Abram, the Son of Suffering, who became Abraham, the Son of the Right Hand of Heaven.

10.Plaintiff's claim to the title of Christ is based on having successfully opened the seven seals of Revelation 5. The opening of the 7 Seals is accomplished by answering the seven questions, which being closed conceal, and on being opened, reveal the truth of life in the Universe.

a. The first seal opens the mystery of light, which was first opened in Egypt when they measured the light and discovered the existence in all matter, of the Cross as the sign of Heaven. That discovery proves the existence in reality of two other Minds besides the Earthly Mind, the Infinite Mind and the Heavenly Mind



b. The second seal is on the mystery of Heaven, which is opened by understanding good and evil, which come from the Infinite Void, and are then resolved by Heaven and are then capable of being realized and resolved in the story of life on Earth. This is why the Story of life on Earth is predicated on the Lives of the Christs.
c. The 3rd seal is on the mystery of language which is opened by the law of the Numbers. Thought and creation are products of language.

d. The 4th seal is on the truth which is opened by the word, which word is Christ, or Kits, and which word is the title of the highest story, and person, and law, in the world.

e. The fifth seal is the story of Christ and of the Cross, which story is every person's story, and there is no other true story. All other 'stories' are false and evil, compared to the story of Christ.

f. The 6th seal is time, which is not a real phenomenon but an illusion. Time, per se', ends with the completion of the story of Christ in the giving to the world of the Sign of Heaven..

g. The Seventh Seal is the Song of Eden which was closed by the crucifixion of Jesus Christ, and is reopened by the Plaintiff. The Song of Eden is sung in the original language of the Garden of Eden, which language is Tsalmalkit, and is spoken, and sung by the true Kitksan Temlaham Imperial family.

11.Plaintiff lives within the true story of the World, while Defendants remain outside of, and are opposed to the true story because they oppose Plaintiff and deny his story by refusing to recognize and affirm Kitsilano's rights as owner and highest title holder of rights to the land in the Province of BC.

12.Plaintiff's ownership is legally consistent with the same right of ownership of land in the Province of BC that is inherited and may be claimed by all the other residents of the Province, except that being the highest possible aboriginal right of possession, Plaintiff has authority to certify and empower all the other rights of ownership and possession that it is possible to assert, and that can be recognized and affirmed.

13.The Land Titles Act of British Columbia is designed to certify and register all the possible land rights in the Province. Fee Simple holdings can have aboriginal title incorporated directly into each Certificate of Title by entering all of the classes and categories of interests that are possible to assert and to claim, in the box on each certificate that is denominated Indian Band, thereby resolving all land tenure into a single class of right, and thereby providing the ways and the means by which every single land holder and each aboriginal title holder in the Province can be resolved to each other. This model of land holding obviates and eliminates the need for the stalemated and inequitable Treaty process that would perpetuate the divide in the Province between the Aboriginal and the Settler populations.

14.Plaintiff has described this model of ownership and settlement in various discussions with members of his Band and with his relatives in Kitanmaax, and describes it in documents circulated to the electors of the Band for the purposes of gaining votes for the office of Chief Councillor in the coming election to be held for the council of the Gitanmaax Band.
15.Plaintiff provided a copy by email to the commanding officer of the RCMP at New Hazelton BC. Plaintiff also provided copies to the Gitanmaax Indian Band.

16.The copies of the model set out and provide formal notice of Plaintiff's claims of right and that notice obliges all other persons with claims in the same land to consult with Plaintiff and, following due process of the law, to either give notice to Plaintiff that they recognize and affirm Plaintiff's rights and claims, or explain any reasonable disagreement they have with those rights and claims.

17.There is a history of the RCMP and others denying and opposing Plaintiff's right to own and claim his rights. Plaintiff has been in virtual exile from the area of his home Village for the last three decades, and under court orders to remain away for the last four years.

18.On the 24th of March, 2010, Plaintiff became unhindered by the years of sanctions imposed by the RCMP and the courts, based on his undertakings to stay out of the area, and away from the office of the Gitanmaax Band, and from the office of the Village of Hazelton, and from several individuals, and when Plaintiff returned to the area in mid-April he began asserting his rights of possession and ownership as Christ and as Kitsilano, under auspices of his own Kitsilano Indian Band.

19.Plaintiff immediately detected actions by unidentified individuals which Plaintiff interpreted to be mischief intended to incite him by provoking incidents that would result in the RCMP imposing further sets of sanctions, including further exile from the area for extended terms of time. Plaintiff arranged to visit the RCMP Detachment and met SGT. Hector Lee. In the meeting Plaintiff notified the RCMP of his intentions and requested of SGT. Lee that the RCMP not harass him and that the RCMP take notice of any complaints made by Plaintiff that he was being harassed or was experiencing interference with his rights, and Sgt. Lee gave Plaintiff advice on how to record such actions and words, with the implied promise that the RCMP would investigate and process all such actions.

20.Plaintiff applied to the Gitanmaax Band for recognition of his right to own and to have the private possession of a lot of land on land claimed under the Indian Act, as Plaintiff is entitled to have, so that Plaintiff would be able to move onto that lot, and while there could build his permanent residence and any other buildings necessary for businesses Plaintiff intends to operate. Plaintiff was unable to obtain a commitment from anyone in the Gitanmaax Band office and so, was unable to begin the arrangements necessary to moving onto the lot he picked out.

21.Plaintiff therefore moved his Motor Home onto land at a campground known as Ksan Campground where Band Members have always resided or camped and stayed freely in the past, without any cost above the electricity charged by BC Hydro.

22.Plaintiff had stayed at Ksan Campground under this understanding on many occasions in the past, however on returning to the area in 2006, he was harassed and subjected to unreasonable demands for full payment by a manager and officers of the Band, during the making of which demands, the RCMP apparently advocated that the Band enforce their authority by “removing” Plaintiff's tent and belongings peremptorily. Plaintiff was ultimately arrested in his tent on the land in 2006 and forced to undertake to remain out of the area until March 24th 2010.

23.Plaintiff met the same cycle of harassment and threats from the RCMP on behalf of the other Defendants on the 6th and the 7th of May 2010, and now files this writ.

24.Plaintiff takes the position that he is entitled to hold his land and to enjoy his rights in his land and to advance his claims in the land, at the Ksan Campground, and elsewhere, by peaceable possession against all other rights and claims, for purposes of recovering all of his rights in all land, and all of his possession of the Provincial lands, that were lost to himself and to his family and to his Wilpse, and to his Bands, when his lands were invaded and became occupied by Europeans (Euro) who intended to take ownership and possession, in opposition to the Kitksan, on behalf of their Church and Sovereign as part of their goal of completing the proverbial Kingdom of God.

25.It is prescribed in the Hudson's Bay Charter, and in other Proclamations binding on euro taking up occupation and settling on Indian Lands, that they not take the land owned by the Indians and that they recognize and affirm the rights and Titles of any Christian Prince found holding lands in the New World.

26.Plaintiff is such a Christian Prince.

27.Euro manifested their plan of displacing Indians from our land by passing legislation that made the institution of Potlatch illegal, and they conscripted the children of aboriginal families into Residential schools where indigenous languages were not permitted to be spoken any longer, and after Plaintiff declared in public, in 1974-76, that all of BC is Indian Land, Euro, in 1977, reacted to that claim by empowering Plaintiff's siblings to so act on the land as to reinforce Euro possession against Plaintiff's claim.

28. In 1979, Euro began a concerted but covert vendetta against Plaintiff intended to destroy any opportunities Plaintiff had to re-establish Potlatch and recover possession of his rights in his land along with the rights of his Bands. Euro caused Plaintiff to be committed to Asylums and to be imprisoned, and to be exiled from Kitanmaax, which all resulted in Plaintiff being abused and disrespected and to suffer physical pain and mental anguish, and to be injured and lose his property and be treated as a pariah throughout the Province.

29.On the 6th of May, 2010, Plaintiff received a document from Melanie Smoke, demanding that he leave his land or he would be removed by the “proper authorities.” and then Corporal Don Wrigglesworth visited and consulted with Plaintiff at the place where Plaintiff was residing in his Motor home. The Corporal assured Plaintiff that the RCMP would not remove him by force without “proper authority” which the Corporal intimated did not exist at the time and that Plaintiff was entitled to hold his ground peacefully until court proceedings and due process of the law determined any further disposition.
30.On the 7th of May Diane Shanoss delivered another document demanding that Plaintiff remove from the land by 4 pm or he would be forced to leave, and then Plaintiff received a threat from Sgt. Lee, that the Corporal would attend and would arrest Plaintiff if Plaintiff refused to obey Sgt. Lee.

31.When Plaintiff consulted the Corporal he learned that he had been the commanding officer at Kisgegas when Plaintiff's cousin and friend Rodney Jackson was murdered by the RCMP in November of 2009.

32.Plaintiff became fearful that the RCMP intended to murder him and began to evacuate the land so he could seek court orders against the RCMP having any violent contact with Plaintiff or removing Plaintiff's property, and was in the process of disconnecting from the campground, when two RCMP officers, including the Defendant Corporal, arrived bearing their weapons, and demanding that Plaintiff serve them coffee and discuss the emails sent to Plaintiff by Sgt Lee. The RCMP officers included a Constable that had harassed Plaintiff a few days earlier on an allegation that Plaintiff was exhibiting “suspicious behaviour” when Plaintiff was delivering election material. The Constable reiterated that he was the officer in charge of the action that killed Rodney Jackson, in front of Plaintiff and Peter Jackson, the younger brother of Rodney, and within the hearing of a third witness inside the Motor Home at the time who did not come out. She voiced that we “would not remain in danger when threatened with force and violence.”

33.Plaintiff fears he will be assaulted and possibly murdered by the RCMP or by their agents. Recently at Kisgegas, where Rodney Jackson was murdered, unidentified persons burned a building that was under construction by a chief who is not supported by the Gitanmaax group or by the RCMP. When Plaintiff sought to visit Kisgegas to survey a creek he was denied the key for a gate that the Gitanmaax group has installed on the road, and Plaintiff received two threats forwarded to him by Peter Jackson, that were uttered by the husband of an employee of the Gitanmaax group, and by a member of the family of those who shot at Plaintiff in 1998, at Kisgegas. The RCMP had charged Plaintiff on that occasion but because Plaintiff had recorded the events on a tape recorder, the charges did not result in imprisonment although the court did convict Plaintiff of some of the charges that were laid by the RCMP.



REMEDIES SOUGHT FROM THIS COURT


A. Plaintiff is entitled to enjoy peaceable possession of his rights in his lands and to hold private ownership of Lot Number 135, Poplar Grove, on the Gitanmaax Indian Reservation, which he selected from lands available to him for residential occupation,and Plaintiff seeks a declaration by the court to that effect, enabling Plaintiff to take possession of that lot and begin to build his residence there, and thus to remove from the Campground.

B. Plaintiff is entitled to feel safe and secure on his own lands and in his Village and in his Province. He does not presently enjoy these rights under the present circumstances and is fearful that he will be murdered by the RCMP or by any one of several agents in the area who are employed by the Gitanmaax group, and by the Village of Hazelton, and Plaintiff therefore seeks an order by the court that the Defendants undertake to cease harassing Plaintiff and to not interfere with Plaintiff in his enjoyment of his land and property as Chief Kitsilano.

C. By denying Plaintiff the authority to possess his lot of land, which authority it is in Defendant's power to convey to him, the Gitanmaax group, in particular, forces Plaintiff to occupy his land at the Ksan Campground where he is exposed to harassment by the Gitanmaax group and can be provoked by others and then faces arrest by the RCMP for being involved in any disturbance, and is likely to be murdered by the RCMP while in custody and held by them on dubious authority or grounds such as set out in the Sgt. Lee email record. Plaintiff is afraid his Motor Home will be burned or damaged or towed while absent from it. Plaintiff therefore seeks an order from the court that all Defendants provide Plaintiff with the authorities that are within their power to grant to him, and that they undertake to keep the peace and conduct themselves in a professional manner in all their dealings with Plaintiff, and that they provide Plaintiff with the same service and protection that they provide to others in the community.

D. Plaintiff is entitled to have the court impose sanctions on the RCMP and on the other Defendants requiring them to stay away from Plaintiff except when they have legal business to do with Plaintiff, such as processing Plaintiff's applications for his lot of land and such as processing any complaints made by Plaintiff to the RCMP of further harassment or when he has reasonable fears of individuals posing and making threats to his person or to his property, and Plaintiff seeks orders from the court to that effect.

E. Plaintiff is entitled to have a written court order that the Defendants, the Gitanmaax Indian Band, and, or the Minister of Indian Affairs, provide all the necessary authorities and permissions to Plaintiff that he requires to allow him to take possession of his lot of private land at Poplar Grove, Lot 135, and to develop the services and utilities on that lot that are required for completing his Residence, and the other buildings that are set out in Plaintiff's business plan, and Plaintiff seeks orders of the court to that effect.

F. Plaintiff is entitled to such confirmation by the Gitanmaax Group, of the subsidy grant that is available to all members of Indian Bands that he needs for purposes of applying for the further financing of his building and business plans, and Plaintiff seeks orders by the court to that effect.

G. Plaintiff is entitled to an order by the court that all Defendants will continue to keep the peace and be of good and lawful behaviour toward Plaintiff at all times in the future and will not harass him or interfere in any way with Plaintiff's rights in Plaintiff's lands and with Plaintiff's right to peaceful security at all times, and Plaintiff seeks a court order to that effect.
H. Plaintiff seeks these orders and any further orders the court deems warranted in the circumstances.

Plaintiff is in danger of injury or death, and Plaintiff's property is under threat, and therefore he seeks these orders immediately.


Place of Trial: Terrace BC.



Dated_11 May 2010_ _________________Chief Kitsilano__________________
Plaintiff