ONE MIND. ONE SOUL. ONE VISION. ONE PRAYER.

As the Nation of the Amikwa Nipissing Allies prepares for round 2 in its fight for recognition in Ontario Superior Court, the Nation's general counsel, Michael Swinwood reflects on the first 3 weeks of the trial, and what's still to come, in an interview for this website.

Michael, you have spent 14 days in the courtroom defending indigenous dispensary operators and working to prove the existence of the Amikwa Nation. Next week, you're back in court. Do you sense that progress is being made?

"We're in the middle of it. The best I can say is that we're definitely in a battle. We definitely have the Crown deep into the adversarial process, and wishing to challenge at every turn, the evidence that comes forward. Let's just say that we're of the view that we're deep into this and we must be prepared for overcoming inherent prejudices in the system."

What in your view have been the biggest challenges so far?

"The trial process is a long process. As a consequence it's very difficult to predict what the future will bring. Nothing is straightforward and nothing is clear cut. The process should involve more concentration on the indigenous aspect of things, rather than British law and the criteria by which one is obligated to bring about proof of existence.

There is hope that we can meld these two principles. British law and indigenous law, and bring about a positive result. I'm referring to decisions, R v. Montour and White, the decision in Quebec on tobacco, and the decision on the Child Welfare Act recently opined on by the Supreme Court of Canada wherein they concluded the United Nations Declaration on the Rights of Indigenous Peoples is applicable to domestic law, and that its application has to be applied by the courts."

You've been working with Stacy Amikwabi for many years. Were you satisfied that he was given an opportunity to share his insight on the legitimacy of the Amikwa Nation's existence?

We were very pleased that Chief Amikwabi was allowed to speak and offer up his knowledge and information that bears on the subject matter. The Crown has already indicated that they are going to object to some if not all of his evidence, on the basis that they say it doesn't represent the indigenous perspective. We haven't had to cross that rubicon yet, but it's an indication already of rejection.

What can you tell the Amikwa people right now in terms of of their fight for identity?

As far as the Amikwa and identification, there's no doubt in my mind that the historical record speaks of its existence. There's no doubt in my mind that Chief Stacy Amikwabi has shown the continued existence of the Amikwa by virtue of his own existence. And by virtue of his family ties and by virtue of his family history, which would demonstrate the continuance of the Amikwa. More importantly Pikwaknagan and Kitiganzibi are filled with Amikwa people. So they've already been recognized by virtue of the government negotiating with them for the last thirty years. The beneficiary list really says it all. The second name on the list is Amikons. All the Sarazin's, the Whiteducks, the Commanda's, they are all Amikwa. The historical record doesn't lie on that. So in terms of recognition, it's for the government to get off its seat and recognize its existence. They already have subtly. They don't realize it somehow. Their desire to extinguish it (the Amikwa existence) and wipe it out of the records - that compels them to be silent on its existence.

Does the recent APTN Investigative Report reflect what you're saying?

It clearly demonstrates that the Algonquins of Ontario (AOO) have dug themselves a hole, and in digging that hole, it's made ground for us. That's encouraging. I was encouraged to see that this reporter in his objectivity saw the importance of raising the issue of the Amikwa Nation.

You're back in court next week for 3 days (March 12, 13 and 14), and then for 2 days in April (April 4 and 5). What are the objectives?

March the 12th and 13th will be taken up with the re-examination the expert, Dr. Bill Newbigging. And there will be legal arguments as to his qualifications. We will be requesting that the court recognize him as an expert in the existence of the Amikwa. The Crown it appears will be arguing against that. And then Justice Boucher has indicated he will render his decision on those legal arguments on April 4th. And then after that we'll be setting dates in the fall for its continuation.

Do you feel good about what the Nation has accomplished in terms of organizing itself?

Most definitely. We've gone from two people sitting in the kitchen, to an executive council, to a Grandmothers Circle, to the developemnt of a National Council, and organzing ourselves in a way that we can present to the outside world as an indigenous nation with hereditary, ceremonial and traditional views that will be in great opposition to those who are under the Indian Act.

What can you tell me about the outcome for the indigenous dispensary operators?

Where it is for them resides in Montour. They are eligible for a ruling that reflects the ruling in R v. Montour - that they have a right to dispense marijuana and the right to possess marijuana.. In other words to trade in a product that indigenous people have been trading in since time immemorial.

And what about for you personally as a lawyer who has dedicated his career to the indigenous cause? Is this an opportunity to fight for what you have stood for all along?

Absolutely. It represents the culmination of 20 years of work, research, presentation and argumentation - all within the concept of everyone recognizing the existence of the Amikwa Nation.

Indigenosity is something that is in opposition to the system that we have. The values expressed by indigenous people come from the creator. Natural law. The system that's been set up in which they must operate, is based on materialism. It takes away the spirit. It takes away the relationship with Spirit.

The system that we must operate in holds a gun. Unfortunately that gun becomes the determinative point of relationship between indigenous people and the dominant society. We have to change that. The future is bleak without the involvement of the indigenous values.

Those who know about prophecy understand that the 500 years of darkness is coming to an end. The White Buffalo Calf prophecy, the Eagle and the Condor prophecy, and the 7 Fires prophecy of William Commanda all speak to the fact that we are in changing times. It shouldn't take a rocket scientist to figure out that we are in confusing and chaotic times. The only way out is through the Red Road, the culture of the indigenous people.

The First Peoples have unfortunately have been viewed through the prism of genocide. It's time we acknowledge this and that we should embrace the concept of reconciliation. How that should really work means an acknowledgement and acceptance of past misdeeds, how we can undo the misdeeds through a co-operative relationship between the indigenous peoples and the dominant society.