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Respect the Lore

Dear Esme, Part 1. followed by part 2 Lore and Order in Aboriginal Community's of Queensland

Firstly Re: Request for consideration to Change of Laws Please find enclosed copies of letters

Dated:-6th August 2008 To The Premier of Queensland, Anna Blight, As to reduce the effects of alcohol with in the Aboriginal communities, and as to maintain a more peaceful, harmonious and natural live style for our people, and on there behalf:- We humble request you as the Premier of Queensland, and the Minister responsible for all Minister of Parliament, to consider and recommend to Parliament to lift the unnecessary burden placed on the Aboriginal people of Queensland.

29th August 2008, From and on behalf of the Premier of Queensland, Anna Blight.In relation to your comments regarding the use of cannabis, there is clear evidence that cannabis use can harmful to the physical, psychological and social health and wellbeing of users.

12th December 2008 To The Premier of Queensland, Anna. We maintain with the support of many aboriginal communities, that the present Queensland laws surrounding cannabis use, and cultivation has caused a division amongst the people, hardship, cost, trauma and an unnecessary burden on the people of Queensland as I also note from your letter.. It would greatly appreciated if you could forward to us copies of the evidence that's been referred to...

Note. Australians first botanist Joseph Banks upon discovering of this plant, categorised it as related to the Cannabinoids family. Which was used in special spiritual ceremonies of thousand of years by our people, Unfortunately, the Laws of Queensland as prohibit this use of cannabis. Traditional (law) Lore being translated "if it came from the earth and grew in your country it was yours, to use and care for' It is most important to uphold the old traditional (law) Lore, as to protect the people, respecting the Lore.Considering, there has never been a lethal over does of cannabis recorded in humans world wide .and for some years we have requested Governments for Australian to forward any unquestionable evidence that supports cannabis prohibition. (nothing received to date) .

We ask if you could copy and pass around your community, this abuse of power must be stopped, We are only asking for small thing, as to let Aboriginal (law) Lore of the land to be understood and respected by all.

Your opinion or any helpful comments appreciated.

Yours faithfully

Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria

Part 2. Lore and Order in Aboriginal Community's of QueenslandRe: Request The Act the Queensland Parliament the lawful power to make Laws for the Aboriginal people of Queensland.Enclosed copies of letters Dated:-

4th January 2010 To The Premier of Queensland, Anna Blight, I have been requested to ask you to clarify (forward) the Act, if any, that gives the Queensland Parliament the proper lawful power to make laws for peace, order and good Government for the Aboriginal People of Queensland. and to also clarify the Courts Jurisdiction over the Aboriginial people of Queensland .

11th February 2010 From and on behalf The Premier of Queensland, Anna Blight, referred to section 2 of the Constitution Act 1867 (Old) states; "Within the said Colony Her Majesty shall have power by the advice and consent of the said Assembly to make laws for peace welfare and good government of the colony in all cases whatsoever"

17th May 2010 To The Premier of Queensland, Anna Blight, Sadly, it appears that the issue concerning the Courts Jurisdiction over the Aboriginal people has been overlooked. ..and Considering the Act 1867, which makes no reference to the Aboriginal people at all, as that time Terra-Nullis was advocated by the legal profession which remained in vogue up until the fiction of terra nullius was rejected by the High Court in Mabo Case, 1992.

23 June 2010 From and on behalf The Premier of Queensland, Anna Blight.. For a more detailed response to your questions. however, this matter has been referred to the Honourable Cameron Dick MP, Attorney-General and Minister for Industrial Relations for his consideration and reply direct to you ....also been referred to the Honourable Desley Boyle MP. Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships for there information.

It is of interest to note that the Premier has referred the issues to other Ministers, Surely the requested documents are within the easy reach of the Premier Office, as assumed by general public. Accountability is now a must for all.

It is most urgent the traditional (Law) Lore and belifes are upheld, in matters were no other has suffered, any damage or loss. Respect the Lore

Yours faithfully

Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria
28th June 2010

To The Premier of Victoria 17/05/10

The Premier of Victoria
John Brumby
Level 1 Treasury Place 19th May 2010
Melbourne 3001

Dear Premier, John Brumby.

Re Request to clarify the States role in maintain Aboriginal Affairs
As you will be aware all states handed responsibility regarding Aboriginal people over to the Commonwealth back 1974/5, Victoria the only state that withdrew from this arraignment, as to maintain the states role in protect the welfare of the Aboriginal people of Victoria.

The policy coordinating role remaining with the Victorian Department of the Premier. As to keep our records in good order, I ask if you can forward the functions and role the Victoria government holds in regards to the well-fare and control over the Aboriginal people of Victoria.
I thank you

Yours faithfully

Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria

The Premier of Queensland 17/05/2010

Your Ref No. LJP/PH -TF/10487-DOC/109933

The Premier of Queensland
100 George Street
PO. Box 15185 City East 17th May 2010
Brisbane 4002

Dear Premier, Anna Bligh,

Re: The Act to make laws for the Aboriginal People andRe: Courts Jurisdiction over Aboriginal people of Queensland

I acknowledge the letter of 11 February 2010 on your behalf. Sadly, it appears that the issue concerning the Courts Jurisdiction over the Aboriginal people has been overlooked. I trust that you will assure that this matter will be addressed in the very near future, as the matter is now most urgent

In response to specific question previously raised about legislative power to make laws, it
appears that the answer relies on section 2 of the Constitution Act 1867 (Qld) which states.

"2. Legislative Assembly constituted With in said Colony of Queensland Her Majesty shall have power by and with the advice and consent of the said Assembly to make laws for peace welfare and good government of the colony in all cases whatsoever"

Considering the Act 1867, which makes no reference to the Aboriginal people at all, as that time Terra-Nullis was advocated by the legal profession which remained in vogue up until the fiction of terra nullius was rejected by the High Court in Mabo Case, 1992.

As the contents of your letter cast a shadow of doubt over the Queensland Government Legislative to make laws for the Aboriginal people of Queensland, as it appears to have only relied on the Constitution Act 1867, ( Enact under the disguise of Terra-Nullis) You may well understand the reason that we can not accept Mr N. Williams explanation on the matter.

If you are aware of any other documents that offers supports or confirms that Queensland Government has the proper legislated power to make laws of the Aboriginal people of Queensland, forwarding a copy of such, would be greatly appreciated, as simplicity is the most convenient way to the truth.

I thank you

Yours faithfully

Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria

futyre health or Wealth

Minister for Mental Health
Ms. Lisa May Neville
Level 22, 50 Lonsdale St.
Melbourne 3000 16th April 2010

Re:- Our peoples health and well-being

Firstly As by way of relevant background, I offer the following:- 1996 Jeff Kennett (liberal) Government implemented ways to tackle the problem of drug abuse in our community. The Premiers Drug Advisory Council was formed, Chaired by Professor David Pennington.

On the 31st May 1996 Professor David Pennington presented his report to Parliament which recommended (7.2) " Cultivation of up to five cannabis plants per household for personal use should no longer be an offence" Soon after Labour Party was elected to Govern, Victorian Police statistics showed on that around 10,000 Victorian citizen’s are charged with cannabis related charges each year. Legal Aid spent $14 million on legal representation defending cannabis consumers that pleaded guilty. no doubt a financial benefit to the legal profession, which are the only winners of cannabis prohibition.

1996 -2006 150, 000 Victorians were convicted for cannabis related offences. It is of interest to note ‘Turning the Tide" strategy page 18 States "A recent analysis by Access Economics estimates that spending on illegal drugs in Australia amounts to $7 Billion per year, Seventy per cent spent on illegal drugs is cannabis" The Commonwealth of Australian Statistics reveals 55,494 Cannabis offenders occurred between 2001-2002. Background Ends here

As you would be well aware that there has never been a lethal over dose of cannabis recorded in humans beings world wide. We feel if the (1996) recommendation of Professor David Pennington had of been enacted this would have reduced the health risk of our people also reduced the cost, so that cannabis could be used as intended as beverage or as food additive in cooking, and to maintain a more peaceful and harmonies lifestyle for all concerned, Yes, smoking is a health hazard. Alcohol is ticket to family violence and is a death sentence

In our letter 12th February, 2008:- "Due to the growing unrest and doubt surrounding Parliaments, the Victorian Governments ability to protect our people, as to ease our concerns regarding hydroponics grown cannabis" we requested the most urgent need to amend the drugs Poisons and Controlled Substance Act 1981, It now appears you have failed to consider this as the Minister for public Health, indicating support for Lawyers increasing wealth.. Yes Ms Neville enough is enough.

My duty is to prevent the Aboriginal people of Victoria from coming in contact with the Criminal Justice system of Victoria, as 80% of our population feel that cannabis use is far less harmful to our people then legal drug Alcohol. and it must be corrected with the future health and well being of our people in mind. I also take this opportunity as to clarify the situation:-

I ask if you can forward the Act that gives The Victorian Parliament the power to make laws for peace order and good Government for the Aboriginal people of Victoria. .... I thank you

Yours faithfully,
Les McDonald,
Chief Lore Officer
Aboriginal Embassy Victoria

about Lore-about time

'In 1836 the Supreme Court of New South Wales held that it had jurisdiction to deal with Mr
Murrell, an Aborigine, who was charged with the murder of another Aborigine. Counsel for
the accused, put the following argument to the Court:" nt2

"This country was not originally desert, or peopled from the mother country, having had a
population far more numerous than those that have since arrived from the mother
country. Neither can it be called a conquered country, as Great Britain was never at war
with the natives, not a ceded country either; it, in fact, comes within neither of these, but
was a country having a population which had manners and customs of their own,
and we have come to reside among them; therefore in point of strictness and analogy to
our law, we are bound to obey their laws, not they to obey ours. This argument was rejected. Australian law has rejected the idea of continuing Aboriginal sovereign rights to make laws after 1788" nt2.

"While Australian law recognises that Aboriginal legal systems existed, and traditional law
continues to exist, at the moment, it only recognises an Aboriginal legal system for the purpose of establishing native title rights with respect to land" nt2

"When common law lawyers and judges, have looked for law in Aboriginal societies, there has been a tendency to treat law as divinely inspired revelations and not rules deriving their content and form from social needs; to treat law as religious rules, and not as dispute resolution mechanisms. Many would query the appropriateness of such a classification. However, it is one that has appealed to the High Court." nt2

Aboriginal (law) Lore contained rules for their society to adhere to, if any member violated the rules he or she would be punished as required under the Lore, no-one was above the Lore, as the lore was enshrined in religious and spiritual understanding of the beginning of time.

Today 2010 Due to the Howard Government's Intervention program, in isolated aboriginal nations, this being the first time many adult's in these communities have seen "whitefella" as the English language is only, third language, and Australian Law's are not widely known, or practiced, These groups maintain traditional (law) lore, spiritual religious practice.

In these communities people live their lives under traditional law, and many disputes are resolved in accordance with the Aboriginal legal system. For such people there is only one legal system and it is Aboriginal.

"In the British tradition, sovereignty used to reside with the King or Queen as God's
representative on earth, or at least in England. Thus the power of the King or Queen - also
called the sovereign – was originally absolute. The sovereign could do whatever he or she
wanted, and it was the law that whatever he or she did could never be wrong" nt2.

"Over time this changed. Beginning with Magna Carta in 1215 it was recognised that
parliament also had some sovereign rights, that the making of future laws required the approval of parliament and that ordinary people had legal rights that the sovereign could not take away, without parliament's approval" nt2

"Following this tradition, in Australia we now say that sovereignty resides with parliament, and the people elect the members of the various Australian parliaments. However we also sometimes say that sovereignty resides with the Crown, by which we mean the Governor or
Governor-General acting on the advice of his or her Ministers. Thus the Governor-General or
a Minister signs extradition treaties, parliament does not approve them. Because the Australian Constitution limits or regulates the powers of the Governor-General and of all Australian parliaments and courts, it is often seen as a document embodying conceptions of sovereignty, as a fundamental or supreme law" nt2.

"Generally speaking, the Commonwealth and States are recognised as sovereignty entities. The notion of sovereignty residing in the Crown or parliament permits the recognition of equal or lesser rights of sovereignty in Aboriginal communities. However, it has not been the
constitutional history of Australia to recognise Aboriginal communities as possessing sovereign rights." nt2

There is still some debate as when the British sovereignty and laws applied to this land, some members of the legal profession claim since

1788 as the "Privy Council had held that uninhabited lands settled by English subjects would be governed by the laws of England. "where the lands are claimed by right of occupancy only, by finding them desert and uncultivated… all the English laws then in being, which are the
birthright of every subject, are immediately there in force."nt2

1828 as "reception of English law was clarified by the Australian Courts Act 1828, which provided that all laws and statutes in force in England at the date of the enactment"nt2.

1875 when The Pacific Islanders Protection Act 1875 came in to beings, s. 6. Power for Her Majesty to exercise jurisdiction over British subjects in islands of the pacific ocean. to erect a court of justice for British subjects in the islands of the pacific. to make ordinances.

"The most important law of Australia is the Constitution of Australia, which describes Australia's system of constitutional monarchy, and forms the basis for the government of Australia. All of the States and territories of Australia that are self-governing are separate jurisdictions, and have their own system of courts and parliaments. The systems of laws in each State are influential on each other, but not binding. Laws passed by the Parliament of Australia apply to the whole of Australia"nt2.

However. The Australian Constitution did not give the Commonwealth Parliament power to make laws for peace order and good government for the Aboriginal race till after (Con Job) referendum in 1967

"1994 In Walker v New South Wales. Mason CJ ruled that the notion of sovereignty meant that all Australian parliaments could pass laws that applied to Aboriginal people, whether or not the Aboriginal people consented to those laws. Australians parliaments had "legislative competence to regulate or affect the rights of Aboriginal people" In a later case it was also held that customary Aboriginal Law was not recognised by the common law of New South Wales. Quoted. The Murrell's case (1836) has been taken as settling the matter that Australian courts have jurisdiction over Aboriginal people regardless of whether Aboriginal laws are relevant to the offence." nt2

2010 In the Crown v McDonald, the accused challenged the Courts jurisdiction, based on the that Victorian Government did not have the legislated power to make laws for peace, order. and good government for the Aboriginal people of Victoria, subsequently the Courts had no jurisdiction, that the current laws had created an unnecessary burden on the people. and submitted that cultivation of cannabis under Aboriginal lore is not illegal. His Honour Judge D. Allen and the Crown relied what Sir Harry Gibbs said in the Coe v The Commonwealth and what was said by Sir Anthony Mason in Walker v New South Wales.

The accused made an interlocutory appeal against His Honors ruling, which was heard at the Supreme Court appeal on the 11th March 2010 Before Judges Ashley, Neave and Redlich, all agreed that the learned Judge, rightly concluded the points raised lacked any legal merit.

"Now There is only one legal system in Australia, and only one "law" and that is Australian law. Under the Australian legal system there are two types or sources of law: laws made by parliament (legislation) and laws made the courts (common law). Aboriginal law can only be recognised if Australian law says"nt2

Traditional (Aboriginal nations) had two legal system, as to maintain a harmonious and peaceful society, being, Law for women, Law for men. as they were both different and would need different Laws. Under one Lore.

"In the case of conquered or ceded lands, the general rule was that the laws of the country continued until those laws were altered by the British parliament, or the Crown under its prerogative powers."nt2 The lore has continued unbroken unchanged since recorded time

There is only two ways that the lore of this land can be extinguished, by the Commonwealth of Australia Parliament saying so, or by the Aboriginal people letting it slowly fade away. For a society with out Lore- Sovereignty does not exist.

"It is sometimes said that an Aboriginal person can only be truly said to be bound by traditional law if he or she is living a wholly "traditional" lifestyle, that is, no electricity, no fridge and no gun for hunting. This point of view fails to recognise the right of Aboriginal people to determine how they will exercise their right to life. It is also contrary to the way the High Court looks at native title rights and interests" nt2.

"A person does not cease to exercise a traditional right by exercising the traditional right in a contemporary way. Accordingly, traditional laws may still operate in Aboriginal communities that have electricity and other material manifestations of contemporary life." (nt2)

nt2 acknowledgment Northern Territory Law Reform Committee: Background Paper 2

Considering you have read this far, I ask , Should Aboriginal Lore System be recognised and considered by the Court system of Australia?... your opinion appreciated ....I thank you

Les McDonald
Chief Lore Officer
Aboriginal Embassy Victoria (aboriginalembassyvic@yahoo.com.au)