[S.I.S.I.S. note: The following letter was sent to Charles Willms, counsel for the government of British Columbia, by Dr. Bruce Clark, counsel for the appeal of Ts'peten defendants Wolverine (Jones William Ignace), James "OJ" Pitawanakwat and Shelagh Franklin. Clark submitted the leave to appeal in writing, as the BC Law Society still will not allow him to appear in person. The trial judge sentenced Wolverine and OJ to jail terms of 8 and 4 years respectively and Franklin to 1 year community service, using the Delgammuukw case as grounds to dismiss their defence that BC courts have no jurisdiction on unceded indigenous lands. Delgamuukw was recently overturned in the Supreme Court of Canada.]
Russel & Dumoulin
Dear Mr. Willms:
Since on December 11, 1997 the Supreme Court of Canada settled that Delgamuukw v. AGBC is not and never was relevant to the jurisdiction issue raised in R. v. Ignace, Franklin and Pitawanakwat and Pascal v. Walker the inappropriateness, and indeed the injustice of the continued incarceration of Ignace and Pitawanakwat pending disposition of that issue in the Court of Appeal and Supreme Court of Canada is manifest. I act for all appellants and amicably on their behalf wish to negotiate with you suitable terms for their interim release. Might we attempt to agree upon a consent order for submission to the Court of Appeal along with your clients' factums?
Very truly yours,
Copies: AG Canada etc.