Terms

Meanings of Words and Phrases Used in the Constitution.

Aboriginal 

Aboriginal means being from the origins, as in being inhabitants of an area from the earliest of times and long before the arrival of colonialists from Britain and Europe.

Assumpsit 

Assumpsit means a promise or engagement under which one person or public entity assumes or undertakes to do some act or to make some payment to another. It may be oral or in writing. It is an assumed contract that is neither of record nor under seal. It is the basis of many hidden public contracts between the public and the private and which have never had any terms and conditions explained, discussed or agreed to by a private individual. It is a form of entrapment. 

Authentication 

Authentication means the actions of a flesh-and-blood-sentient-living-soul in attesting to the authenticity of a document that exists in the public domain. Note: if a signature, rather than an authentication, is applied to the document, the flesh-and-blood-sentient-living-soul may inadvertently become surety for and/or the originator or author of the document rather than just an authenticator. (see also “Signature” for greater clarification.) All documents or actions of a commercial, financial or legal nature should be authenticated, not signed. 

Canadian Parliament – see House of Commons 

Chief Protector 

The Office in the Kinakwii Nation that is responsible for protecting the integrity of the Kinakwii Declaration of Nationhood and the Kinakwii Constitution. Claim of Right Claim of Right is the process by or through which a claimant obtains and acquires title, possession or enjoyment of rights to which he/she is due by law or by birth. 

Commerce 

Commerce means the body of transactions involving the exchange of goods, products, services and property of any kind for the consequent exchange of currency of account or currency of exchange. Common Law Common Law is the body of principles and rules that apply to actions relating to the security of private flesh-and-blood-sentient-living-souls who act with full liability for their actions at all times. Common Law has its origins in the times before there was either government or Statute Law. 

Comprehension 

Comprehension means having intellectual command and discernment over a subject such that it can be clearly expressed to others and discussed in depth with respect to its veracity, its influence and its logical interconnection with other subjects. 

Country, Country Corporation

A country is a nation that is attached to specific geography, exists in the public domain as a legal fiction and is identified as a country in the United Nations system. The primary purpose of countries, at least in the modern era, is for the management and promotion of international interaction in commerce. Most, if not all, countries are corporations in the sense they are legally created bodies corporate, not in the sense that they are business corporations although many are also registered as business corporations for financial purposes. 

CROWN The CROWN is a multifaceted entity which in all respects, except one, is a legal fiction, or indeed, multiple legal fictions. • The CROWN is the corporation that represents the legal embodiment and the power of Government, the “whole” of the executive, legislative and judicial branches of government. (This has been denied by some Government agents citing a very narrow definition of “corporation” as being only the legal definition applied to “Business Corporations” … which in fact demonstrates the absurd notions of some Government functionaries.) • The CROWN is the legal symbol of the British Monarchy. It is an actual headdress worn by the Monarch on ceremonial occasions, made of precious metal, principally gold, and studded with jewels acquired from different areas of the British Empire. It is passed on from one flesh-and blood-sentient-living-soul to the next as the Office of the Monarch succeeds from one individual to the next. • The CROWN is power and the Office of the Monarch; currently in Canada this is QUEEN ELIZABETH II. Note: this is not the flesh-and-blood-sentient-living-soul who carries the title. The Office of the Monarch and the office of QUEEN ELIZABETH II are both legal fictions. They tend to be the same legal fiction but can be different in some circumstances. • The CROWN is the entity referred to in the phrase, “In the right of …” as applied to various manifestations of the pinnacle of government • The CROWN referred to in some, but not all, formal legal and banking literature is a committee of senior and publically incognito international bankers and representatives of the legal profession of which the British Monarch is a member and to which the British Monarch is in some respects responsible. This committee has its origins in the CROWN Temple in the City of London, England from which all modern banking systems and legal systems arose and spread throughout the British Colonial system now the British Commonwealth, and also including the United States of America. This CROWN is not a legal fiction; it is a very real and very private entity. It “lives” by private association. It is a cloudy area of global decision making where all manifestations of the CROWN sort of merge through information and association, but not in legal fact. Control is exerted through banking and legal process. Its succession of membership is by invitation of the incumbent members only. Its influence in the world is huge but largely unknown and not subject to outside assessment. • There is a “CROWN” for every Country, Province, State, Colony, Territory and Protectorate that has emanated from the British colonial system. Ultimately, all these “Crowns” lead back to the private CROWN in the City of London. Currency Currency is the energy of coined money, bank-notes or other paper presentations and electronic bookkeeping entries as authorized by law which have the capacity to circulate for value from hand to hand or from entity to entity, whether or not all aspects of the circulation are recorded or transacted through a banking system.

Currency of Account 

Currency of account is the ever restless energy of financial book-keeping entries representing the ebb and flow of trust and confidence among parties. It is commonly referred to as money. In the modern era, most “money” is created by and in the international banking system as a debt instrument of some sort. It does not exist as an asset. It exists simply and only as book-keeping entries in the national and international banking system. As the ambient trust and confidence in the commercial market place increases, increasing volumes of currency of account ‘appear” in the system. Conversely, when ambient trust and confidence in the commercial market place erodes, currency of account disappears out of the system. It follows logically that when the international banking system wants to increase the ambient trust and confidence within the commercial market place, it increases the currency of account available to its customers. When it wants to decrease the ambient trust in the commercial market place it decreases the currency of account that is available. In practical fact, the actions of the banking system don’t follow the levels of ambient trust and confidence in the commercial market place. They precede and cause them. Currency of account only exists in the national and international banking system and therefore, can only exist in the public domain. 

Currency of Exchange – Cash 

Currency of exchange is the cumulative sum of representative tokens, notes, certificates and transaction instruments that may purport to represent currency of account but exist separately from currency of account. It is used in actual pursuit of commercial exchange and represents the value of the actual exchange. Currency of exchange is commonly referred to as cash. It can and does exist in both the public and the private domain. 

Defacto 

Defacto means existing for practical purposes for the administration of legal fictions but not necessarily lawful; the opposite of De Jure. Any de facto decision is voidable and can be voided. 

De Jure 

De Jure means legitimate, lawful, by right and just title; existing as a matter of fact. 

Enjoin, Create Joinder 

Enjoin means generally to require or positively direct the exercise of choice to contractually connect the flesh-and-blood-sentient-living-soul with an agency for a government created legal fiction. Specifically it means to contractually connect the flesh-and-blood-sentient-living-soul with his/her government created legal person and therefore to become its automatic surety. 

Enjoy 

Enjoy means have the use or benefit of something, or to exercise the right, possession or fruition of a right, privilege or inherited benefit. 

Entrap

Entrap means to use seduction, inducement and/or trickery to cause joinder without the prior knowledge or acceptance of the individual being entrapped; to unlawfully seduce or induce joinder. 

Flesh-and-Blood-Sentient-Living-Soul 

So many words related to the private individual human being have acquired the baggage of legally defined meanings in the public domain that this phrase has been adopted to refer to the individual human being in his/her private capacity. 

God 

God means The Supreme Energy of the Universe, usually thought of as spiritual. Humans have had many names for this Supreme Energy over the eons. Native people refer to this energy as the Great Spirit. Aspects of the Supreme Energy that are identified specifically with the Earth which nurtures all life were/are known as the Sprit-of-Mother-Earth-and-Water, which is shortened on occasion to Mother Earth or Mother Nature. 

Gold Seal – see Notarized under Seal 

Government – see House of Commons 

Grand Chief of the Great Circle 

The Grand Chief of the Great Circle is the senior representative of the Kinakwii Nation both within the Kinakwii Nation and to jurisdictions and people outside the Kinakwii Nation. He/she is elected directly by all Kinakwii Nationals in accordance with the Kinakwii Constitution. 

The Great Spirit 

The Great Spirit is the name given to the Supreme Energy of the Universe by the inhabitants of Turtle Island before the arrival of colonialists from Britain and Europe. It is a very Spiritual and revered concept to Native people. The collective aspects of the Supreme Energy that are identified specifically with the Earth, which nurtures all life, were/are known as the Sprit-of-Mother-Earth-and-Water, which is shortened on occasion to Mother Earth or Mother Nature. 

Governance and Government 

Governance in the Kinakwii Nation refers to the activities of sovereign people in the Great Circle and various Permanent and Delegated Circles that provide the organizational structure of the Kinakwii Nation and establish authoritative guidelines for the conduct of the affairs of Kinakwii Nationals and Kinakwii Organizations. Government is not a word that is used in relation to the Kinakwii Nation. Government is used in relation to the affairs of other jurisdictions, generally referred to as nation states that seem to require much tighter control over the affairs of their citizens, organizations and businesses. 

House of Commons of the Canadian Parliament … and Government founded in Common Law 

There are three aspects to Parliament, which is regarded in Canada as the seat of Government. The House of Commons, where the formally elected representatives of the people officially meet, confer together and prepare Policies, Acts, Statutes and Regulations for the Governance of CANADA; The Senate, whose members are appointed by “the Government” and is the House of over-sight for the House of Commons activities; and the Judiciary, whose members are also appointed by the government on behalf of the Crown and is charged with judging and enforcing the integrity of what the government and the other two houses of Parliament actually do. The actual practice of government, being the carrying out of the Policies, Acts,

Statutes and Regulations approved by the Commons and the Senate, is performed by the Prime Minister in conjunction with the Ministers of the Government’s Cabinet. 

The Prime Minister is the leader of the governing party, which is duly chosen by the voting and legal public under contract to vote. Only citizens who are enjoined in assumpsit contract to their flesh-andblood-sentient-living-soul are eligible to vote in a general election for the members of the House of Commons. Ministers for the Government’s Cabinet are chosen by the Prime Minister usually from his own governing political party.

Ministers when chosen, including the Prime Minister, are appointed by the Governor General on behalf of the Office of the Monarch, i.e., the QUEEN or the CROWN. Similarly in the provinces, the Governor General appoints Lieutenant Governors, who in turn appoint the Premiers and their Ministers. Accordingly all aspects of Government emanate from the office of the Monarch who, in Canada, is currently represented by QUEEN ELIZABETH II.

There is, in a sense, only one parliament, manifested in different versions in London, Ottawa, Canberra, New Delhi, and so on throughout the Commonwealth right down to Provinces, Territories, States, Colonies and Protectorates. All Westminster Parliaments, as they’re called, are founded on the British constitution. But that constitution is largely unwritten, based more on precedent, convention and mutual assumption than on specific rules and it is rooted in Common Law. Even though Canada has “constitutional legislation” it does not have a constitution other than to the extent it is founded in British constitutional legislation and convention. As Adam Dodek, a legal scholar and constitutional expert at University of Ottawa explained, that’s why legislators everywhere take note when a legislature anywhere establishes a new precedent. 

For Example, Michael Egan was an Australian minister who sat in the upper chamber of the state government of New South Wales in the 1990s. The government was in a minority in the upper house, and when Mr. Egan refused to comply with an order to release documents related to three ongoing scandals, the chamber found him in contempt, suspended him, and expelled him from the grounds of parliament. The minister fought the case all the way to Australia’s highest court – Egan v. Willis (1998) and Egan v. Chadwick (1999) – and lost. Nicholas Aroney, a professor of constitutional law at the University of Queensland said, “What’s interesting is how far the Parliament can go in demanding production of documents, and our courts decided it’s fundamental to democracy.” Every other parliamentary system takes note of this ruling as its own precedent. 

What this shows is that all parliaments and systems of government that emanate from the British Colonial era, including that of the British Government itself and the Government of the United States of America, are founded in Common Law, which therefore must take precedence over Statute Law. How can it be otherwise; government that creates its corporate self through Policies, Statutes, Acts and Regulations, together with its own self-created systems of oversight and its own self created judiciary and its own self appointed judges is a closed and potentially incestuous loop which can conveniently leave any group of people bereft unless it is subject to “the people” for whom Common Law prevails. Worse, unless Government is ultimately subject to the principles of Common Law, Government can target any group of people for harassment under Statute Law, the only remedy for such a situation is that common law must prevail over Statute Law. 
Indigenous means being “of the land” or from a particular region of the land.

Individual – see Flesh-and-Blood-Sentient-Living-Soul 

Keeping the Peace 

Keeping the peace means avoidance of breaching the peace, or dissuading or preventing others from breaching the peace. (see peace, private peace and public peace).

Kinakwii

Kinakwii means

Land

Land refers to the soil, rocks, minerals, vegetation and fresh and coastal waterways that make up the living and non-living surface of the earth together with everything that underlies the surface for as deep as can be reached and everything that resides in the air above the surface for as high as can be reached. Oceans, except for coastal waterways, are distinct from land in that water is dominant, it is salty, it is deep and it has no aspect of soil, rocks and vegetation above the surface. 

Lawful 

Lawful means prescribed by law, not contrary to or forbidden by law, contemplates the substance of the law. Anything lawful is legal. 

Lawful Excuse 

Lawful excuse means substantive reason or fact in law that cannot be disputed. Leaders Leaders are individuals who have agreed to accept the responsibility of creating change on behalf of those of their peers who have agreed to follow. 

Legal 

Legal has to do with the form, process and procedures of the law. Things legal are not necessarily lawful. 

Maxim 

A maxim is an established principle or proposition universally accepted as being a correct statement of the law or truth. If law and truth come into conflict, the statement cannot sustain the status of being a maxim. 

Misappropriated Land 

When the explorers, settlers, soldiers and Government Agents (the Colonists) came to Turtle Island from Britain and Europe they brought with them the notion of “owning” land and natural resources. This was a foreign and incomprehensible concept to the indigenous aboriginal people who already inhabited and occupied the Land of Turtle Island. By a long-term process of conquest and codifying, systematizing, institutionalizing the concept of ownership, the Colonialists convinced themselves that they owned the land in contradistinction to the indigenous aboriginal people who were on the land prior to the Colonialists’ arrival. To take over the land and natural resources by the imposition of incomprehensible concepts is at least misappropriation. Some say that the land was stolen. 

Notary Public 

A notary public is a public officer who holds the authority of the CROWN and whose function is to administer oaths and to attest by his/her hand and official seal certain classes of documents to give them credit and authenticity in foreign jurisdictions. In fact, these actions by the Notary Public prepare private documents to be received into the public domain. A Notary Public may also be responsible for performing certain official acts of authentication in commercial matters such as giving official notice, protesting of notes and bills of exchange, authenticating conveyances and convening Private Court de jure between parties for receiving affidavits and depositions to the resolution of contractual matters when there is no further dispute between the contracting parties. In so doing the resolution is properly prepared to be received into the public domain. 

Notarized Under Seal (red seal, gold seal) 

When a Notary Public performs his official acts on behalf of either flesh-and-blood-sentient-living-souls or public entities he/she seals the authentication with either a red seal of a gold seal. A red seal represents the former practice of sealing a finalized document with a puddle of red sealing wax which, while still warm, is embossed with a “signature” or seal of the official authenticating the document. This formally prepares a private document, such as the conveyance of title to land, for presentation into the public domain. A gold seal represents the former practice by the Sovereign of sealing a document with gold leaf is embossed with the “royal signature”, probably the royal coat of arms. A gold seal received the document into the public domain.

The seal is a particular sign made to attest in the most formal manner to the authenticity of the execution of an instrument in writing. An individually designed seal may be adopted by a private individual or a commercial corporation for authenticating its own actions or legal instruments. In such instances the documents involved man be perceived as having a high degree of formality but have not been authenticated by a Notary Public. 

Notice 

Notice is gratuitous provision of knowledge and facts about a particular matter or matters which, if known to the recipient would naturally lead him or her as an honest and prudent individual to make inquiries which, when pursued in good faith, would disclose the same knowledge and facts. Notice may be statutory, actual or constructive. Statutory notice is that which is related to or required by legislation. Actual notice is notice that is expressly and actually given from one party to another. Constructive notice is notice by presumption of law. It is the kind of notice connected to anything assumpsit and borders on entrapment or fraud. 

Oath of Office 

Oath of Office involves much more than is realized by most people. It is in many ways an internal protection of “the public system and the public domain” with an appeal to Divine assistance in preserving the public system. 

In the case of political or administrative offices, and Oath of Office purports to be a solemn commitment given by a flesh-and-blood-sentient-living-soul upon taking office to a Higher Authority, usually God, in attestation of the intention to serve truth. It appears to be an outward and open testimony of one’s responsibility to truth, integrity and to God while serving in the office. In practical fact, the oath of office amounts to subjugation of the individual flesh-and-blood-sentient-living-soul to the legal fiction the office represents with an appeal for Divine assistance in fulfilling the responsibilities of that office. In reality, the oath of office is either a mixture of the two, or a mere formality of taking office. Whichever of the above prevails, a flesh-and-blood-sentient-living-soul who has made the commitment implied in an Oath of Office can be called to account of the Oath of Office.

In the case of Police Officers, the Oath of Office again purports to be a solemn commitment to a higher authority, usually God, to serve and protect the people and the institutions for which the office was created. The “Office” for which the oath is given is similarly a legal fiction. In reality the Oath of Office for a Police Officer is close to total subjugation of the flesh-and-blood-sentient-living-soul to the hierarchy of the legal fiction that the office represents and similarly includes an appeal for divine assistance in fulfilling the responsibilities of the Office. 

For Police Officers an Oath of Office is seldom a mere formality, since the nature of a police force tends to enforce the Oaths of Office of its members. The Office for which the Oath has been given is not the fleshand-blood-living-soul threatening you with a taser. He/she is the Officer. 

Most police officers are aware of their dual role of: 1) keeping the peace and 2) enforcing “the law” in that order. Unfortunately and pragmatically it is a matter of individual choice which role a police officer favours in any given moment. A police officer threatened by any situation may very quickly abandon the role of keeping the peace and become an enforcer, or even an aggressor, and not feel out of honour with the Oath of Office. In fact, Police Officers may themselves breach the peace inviting and even provoking violence and still believe they are in honour of their oath of Office … and therefore protected by it. 

Owners of Canada and CANADA 

The owners of Canada and CANADA are all those flesh-and-blood-sentient-living-souls who were born in the geographic confines of the territory known as Canada, or who were born elsewhere and have been granted Permanent Resident or Landed Immigrant status by CANADA and who are still living. In fact, the owners of Canada are the totality of the Canadian private domain. In the absence of this truth, the owners of Canada could only be Government officials and/or legal officials and/or bank officials and/or Corporate officials who themselves only hold temporary offices and therefore the legal fictional institutions they represent would be the “owners of Canada and CANADA”. This is immediately absurd. If it were true, all flesh-and-blood-sentient-living-souls whether born in Canada or elsewhere would be automatic chattels of the public domain and there would be no-one available to take an oath of office for anything. In fact, the private domain can exist without the public domain, but the public domain cannot exist without the private domain. All senior officials know this as a maxim. 

Parties to an Agreement 

In the Kinakwii Nation parties to an agreement are always sovereign and private. In other jurisdictions parties to an agreement are usually legal but fictional limited liability persons. Because legal limited liability persons only exist as fictional concepts, they can only act to the extent they are enjoined or attached to sovereign and private individuals. 

Peace 

Peace means the tranquility enjoyed by a society internally when good order reigns among people as opposed to violence and warfare, or the threat thereof however minimal. 

People 

People means groups of flesh and blood human living souls who may or may not comprehend their sovereignty or their privacy and therefore may or may not exercise it.

Private Domain

The private domain encompasses all aspects of the disposition and actions of flesh-and-blood-sentientliving-souls who are acting in full liability with no recourse to limited liability status. The private domain and the public domain are mutually exclusive however, the private domain can and does exist without and separate from the public domain. 

Private Peace 

Private peace means the tranquility of the flesh-and-blood-sentient-living-souls interacting with each other without the threat of personal violence by others or the invasion by the public domain, or the threat of either. 

Proclamation, Royal Proclamation 

“Proclamation” refers to the Proclamation of 1763 by the King of England concerning, among other things, the treatment of native/aboriginal/Indian people by British subjects in North America up to the time of the Proclamation and for the future subsequent to the Proclamation. 
Public Domain 

The public domain expresses and embraces all aspects of legal but fictitious entities created by government for commerce and which involve or provide limited liability status all of which is contractual and based in Statute Law. The private domain and the public are mutually exclusive however, the public domain is defacto and cannot exist without the private domain. It is created and energized by, and it relies on, private individuals acting as its agents in the public domain. 

Public Peace 

Public peace means the tranquility of the community for which all governments are formed. 

Private Person 

A flesh-and-blood-sentient-living-soul who is not the incumbent of a legally created office, or a representative or agent for a fictional legal entity. 

QUEEN ELIZABETH II – See Crown Red Seal – see Notarized Under Seal Signature 

The signature of a private flesh-and-blood-sentient-living-soul is the unique mark of identification of that individual by which he/she identifies with or takes possession of that which is signed – usually but not always a document. The “signature” may be an “X”, or a thumb/fingerprint, or any other mark, but is usually considered to be the unique handwritten name. (For animals a signature can be a urine sample or a “scat”. This comment is not meant to be offensive. It is meant to emphasize the fact that a signature is of the private domain.)

Great care should be taken in offering a signature; a signature, which is a private action, if given in the public domain may be considered as granting a power of attorney. Furthermore if a signature is given when it should have been an autograph or an authentication the individual may very well have given his or her private self as surety in the public domain for whatever obligation or contract is described, presumed or alluded to in the document. (see also “Authentication” for greater clarification.)

Sovereign 

Sovereign refers to the quality of a free, flesh-and-blood- living-soul having free will in the exercise of choice and accepting full liability and responsibility for all thoughts, feelings and actions under the authority and guidance of the Great Spirit. 

Standing 

Standing refers to the place of an individual, group, community or organization in the estimation or perception of, and in relation to, others. It refers to the relative position with respect to moral, social, commercial or political considerations. 

Statute Law 

Statute Law is the body of legislated Policies, Acts, Statutes and Regulations that apply to legal persons, corporations and other legal fictions which are created by government and enjoy limited liability status. They are further reinforced by juristic decisions of government appointed judges in courts which are themselves created by, and subject to, Policies, Acts, Statutes and Regulations created by legislation. Statute Law is given the force of law even though it is not in and of itself lawful. 

Tacit

Tacit means silent; without an attendant provision of notice; assumed, as in assumpsit consent. 

Title to Land 

Title to land means written and publically registered evidence of the right to use or own land under the authority of CANADA or another country jurisdiction. Absolute title or free, clear and unencumbered title means title that is exclusive of all other entities, including the registering jurisdiction. 

Tribe 

Tribe means family in a non-legal sense. It denotes a group of flesh-and-blood-sentient-living-souls who are related in blood, marriage, believe, experience, philosophy or any combination thereof. It exists in the private domain. It is not a legal fiction. 

Turtle Island 

Turtle Island was the name (English translation) which described Central and North America for the indigenous people before the arrival of the colonialists. What is amazing as that without the advantage of maps, native people knew that the shape of Central and North America was roughly in the shape of a Turtle. Truth Truth means the consistency of thought with itself also described as the agreement of thought and reality which, even if not immediately apparent, will be justified by eventual verification. In a more esoteric sense, truth is the agreement of expressed thought or observation with an intense inner sense of knowing