Jan 2/98: BC Court of Appeal-Oral reasons for judgement

Jan 2/98: BC Court of Appeal-Oral reasons for judgement ORAL REASONS FOR JUDGEMENT R. V. IGNACE & PITAWANAKWAT Settlers In Support of Indigenous Sovereignty (S.I.S.I.S.) SISIS@envirolink.org Friday, January 2, 1998 On Dec. 11, 1997 a motion to withdraw an appeal on non-jurisdictional grounds was heard. This non-jurisdictional appeal had been started by one of the provisional counsel in the Gustafen trial and was effectively delaying the addressing of the jurisdictional challenge of primary importance to Wolverine, OJ and other Ts'peten Defenders. The Chief Justice went to great lengths to argue against this move by the self-represented political prisoners of British Columbia and Canada. Here are the Oral Reasons for Judgement of the Chief Justice of BC Allen McEachern and the BC Court of Appeal. The jurisdictional challenge of the defendants prepared by Dr.Bruce Clark must now be responded to. Date:19971211 Docket: CA023439 and CA023441 Registry: Vancouver BC COURT OF APPEAL FOR BRITISH COLUMBIA Before: The Honourable Chief Justice McEachern The Honourable Mr. Justice Cumming The Honourable Mr. Justice Braidwood December 11, 1997 Vancouver BC Between: REGINA Respondent AND: JONES WILLIAM IGNACE and JAMES ALLEN PITAWANAKWAT Appellants T. Arbogast appearing as a friend of the Court CF Willms and G.Fitch appearing for the (Crown) Respondent ORAL REASONS FOR JUDGMENT [1] McEACHERN, C.J.B.C.: I understand what you wish. Speaking for myself only at the moment I am prepared to accede to the wishes of the two appellants to withdraw their non-jurisdictional Notice of Appeal and Sentence Appeal. [2] I am not persuaded that that is in your interests to do so and I believe that they are wrong in thinking that you cannot have both appeals, that you cannot have your conventional grounds of appeal and your jurisdictional appeal, but I do not think that we should stand in your way of withdrawing the conventional or non-jurisdictional grounds of appeal and Sentence Appeal and I would so order. [3] But in saying this I wish to record the fact that I think you are making a mistake in doing so and in my view this Court should give very careful consideration to allowing you subsequently to apply for an order to extend the time to refile those Notices of Appeal and to proceed with those appeals if at some time in the future you think you would like to deal with them on the grounds originally filed. I speak only for myself in that regard. [4] Cumming, J.A.: I agree with the disposition proposed by the Chief Justice and with the observations he has expressed. [5] Braidwood, J.A.: I too agree with the observations and disposition mentioned by the Chief Justice. [6] McEachern, CJBC : That means gentlemen that your notices of appeal are withdrawn, that is the notice of appeal on non-jurisdictional grounds and the Sentence Appeal and we have indicated that so far as we are concerned those notices of appeal could possibly be reinstated if at some time in the future you wish them to be reinstated. [7] I think that is an order we should probably make but I am not going to direct that this panel be the panel that decides those matters. I will designate a panel to hear those appeals on the material that has been filed and on a very early date. THE HONOURABLE CHIEF JUSTICE MCEACHERN