Kitsilano versus Ggggitanmaax

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KITSILANO INDIAN BAND
KITANMAAX BC
778 202 0218


Office of Gitanmaax
PO Box 440, Hazelton BC
VOJ 1YO

Attention Executive Directory,
Ms. Diane Shanoss.

Re: RIGHT OF POSSESSION
KITSILANO INDIAN BAND


In respect of the peremptory letter you delivered to Chief Kitsilano today describing the business interest you represent and seek to impose on us, in the form of requiring payments of fees to you, we take the position on our relationship that your authority is derived from the Constitution of Canada, in the Statutes of the Indian Act. We cannot find, and have never seen, any reference to any law, or any policy endorsed or authorized by the Minister of Indian Affairs, nor have we seen any form of a resolution passed or processed by any elected member of the Gitanmaax (sic) Indian Band (we do know of the Kitanmaax Indian Band), which provides any authority we can recognize and respond to with integrity.

In the absence of such authority we find it impossible to take your threats seriously enough to file a lawsuit against you that would bring you before a legal tribunal for relief of your threats and for such remedies as we could have enforced. These deficiencies have the result that your demands are a nuisance and amount to harassment that might well amount to crimes under the law and we have referred these letters to the Police for their opinion and the appropriate action against you.

The best light we are able to cast upon your position is a common law right as a Landlord who is seeking to charge and collect rent from a tenant who also has common law rights, including the right to remain in peaceable possession against a legal landlord until such time as the due process of law determines the correct order of the rights being claimed. We do not concede that you are a landlord, but a court might do so, in which case we would then still retain the right of appeal against a court so finding until final determination by the Supreme Courts of the Province and by the Supreme Court of Canada. We cannot be moved from our possession of our land until the rule of the law has reached the conclusion of that process. On that ground we repeat our complaint that any contact with us by you is not legal.
That being established, and because we sympathize with your desire to succeed in business, and intend to assist you in every way we can to so succeed, we return to our original application for every right in our land that you are able to assist us with in recovering from the governments, specifically being my application for written endorsement of our possession of Lot 325, in Poplar Grove, which I pointed out to you personally, Ms. Shanoss, so that we can establish ourselves on that land and can then remove ourselves from this land. Please provide me, Chief Kitsilano, in that title, and me James Russell Sterritt, by name and Band Number, 5310082201, with such letter and such facility that will completely expedite my business plans here in my Village.

I will immediately connect BC Hydro there and hook up Sewer and Water and proceed with building my residence, shop and warehouse as required in the business plan I am following.

As is known in my Village, I am a nominee for the office of Chief Councillor, and do not like to think any of the mistreatment I receive from your office is the rule in this place, nor that any other nominee, including the incumbent, or you yourself, would be biased against me but if the pattern continues, of not responding in due time to my applications, or of harassing me here, then I must bring the matter to court and have an injunction applied to you, to Ms. McRae, and to all the employees of your office, protecting me in my rights and restricting anyone from interfering with the same rights.

I could say more but my promise to have this letter written and available at 4:00 pm does not allow that.

Sincerely,
Chief Kitsilano,
James Sterritt.

7.5.2010