Native rights lawyer Dr. Bruce Clark continues his turn as expert witness at the Ts'peten (Gustafsen Lake) trial in Surrey, BC, Canada. He began the March 17th session saying that genocide is a worldwide crime against humanity, and that "if it is ever going to stop, it will have to be apprehended in North America." In the world's leading "law and order" states, Canada and the US, "the courts have suborned the police" to genocidal policy, and a profound metamorphosis "hinges upon apprehension." Clark noted that the media "never presented the truth" about the 1995 police and army siege of sacred Sundance grounds at Ts'peten, in interior BC. It was objected that Clark's evidence regarding the media was not relevant, but Clark countered that what the police said through the media was received by the camp, played an obvious role with effect, and was definitely relevant. Judge Josephson then ruled that "communications between Clark and media are not relevant".
Dr. Clark read an affidavit sworn by defendant Trond Halle outlining a shooting incident in which police initiated fire at the camp, and a Vancouver Province article "RCMP on Warpath" (Aug. 20,1995). Clark had attempted to charge the RCMP (Royal Canadian Mounted Police) with hate crimes and incitement to genocide. However Clark noted that there was "no chance" of the NDP Attorney General Ujjal Dosanjh allowing these charges to be laid. "He is the RCMP's master, and they are one and the same."
Judge Josephson then ruled inadmissable the testimony regarding correspondence between Dr. Clark and the RCMP's Chief Negotiator Dennis Ryan. Clark responded that the letter written by Ryan includes a "confession of conspiracy to commit genocide"; it is the most important document and piece of evidence in the entire matter. Clark advised that his sworn oath to tell the whole truth would require that evidence be admitted, through recalling Sgt Ryan if necessary, before his testimony could continue.
On the next day, March 18, 1997, Clark spoke of the importance of and respect for Stoney medicine person John Stevens. Stevens is a shaman with spiritual teachings and knowledge of the Sundance ceremony. Dr. Clark told the jury that he was advised that the "medicine wheel had been broken" and that humanity is at a crossroads, as a new era or universe of time is emerging. Clark considered the written law he addresses as "infantile" in comparison to this natural law.
Clark stated he holds Ottawa responsible for the standoff and the smear campaign. "Police were carrying out orders, they don't make policy -- it makes no sense to scapegoat the police." It is the judges, politicians, legislators and administrators who conspire.
Clark referred to the the Royal Commission on Aboriginal People: "The fraud that is being perpetrated out of Ottawa is to distract from the causes of genocide." This is primarily "the judicial theft of jurisdiction... Judicial robes are the costume which covers up genocide." The RCAP revisits the over studied symptoms of colonization while staffed with the very judges like Rene Dussault and Bertha Wilson who seek to evade the real cause.
Dr. Clark testified that he met with RCMP about 25 times during the standoff. At each meeting he advised them of the law, asked them to inform themselves, and if they could refute the law, to inform him. If not, Clark told the police they should be concerned with aiding and abeting the crimes in progress of fraud, treason and genocide. "You have a legal and moral responsibility not to obey orders that are themselves criminal," Clark told them.
Clark recounted a meeting with RCMP negotiator Doug Hartl, who was supposed to research Clark's legal thesis. When asked if he had followed up on this, Hartl answered that "Canada will never let it go to third party adjudication -- that could only be done on a nation to nation basis, and would require the consent of Canada and Britain."
"That's political not legal," responded Clark. When Hartl could not dispute the law, Clark asked him if his intention was to simply follow orders. Hartl reportedly just walked away. [Hartl was known to have consulted with Stuart Rush, a counsel for the rigged Delgamuukw fraud, who also appeared opposite Clark in a Sept. 12, 1995 Supreme Court of Canada case to argue against the sovereignty position of a Gitksan Hereditary Chief. Hartl was recently charged with obstructing justice in an unrelated matter. - S.I.S.I.S.]
Clark ended the court day reading an 8 page letter he wrote to RCMP Staff Sergeant Martin Sarich, which outlined the law and history of the Ts'peten Sundance site and which advised the RCMP that their invasion plans, outside their jurisdiction, were illegal.
Clark's exposition of the law respecting Aboriginal Rights continues as part of a "colour of right" defence in the Ts'peten (Gustafsen Lake) trial. Fourteen Indigenous traditionalists and four of their supporters are charged with a variety of offences, ranging from mischief to attempted murder, for resisting attempts to evict them from their sacred Sundance and burial grounds. Clark, counsel of choice for most of the defendants, is currently serving a three months in prison, convicted of contempt of court for attempting to file his clients' written motion objecting to the jurisdiction of the BC courts. Though prevented from appearing as counsel, Clark has been called as an expert witness by Shuswap elder and defendant Wolverine (William Jones Ignace). Wolverine has been imprisoned already for 19 months and has been consistently denied bail.
BC Attorney General and Minister of Human Rights
Victoria, BC V8V 1X4 Canada
Phone: (250) 387-1866
Fax: (250) 387-6411
Sample letters and links to politicians' email are on the Settlers In Support of Indigenous Sovereignty (S.I.S.I.S.) site, at:
http://kafka.uvic.ca/~vipirg/SISIS/gustlake/letter.html Please send a copy of your letter to S.I.S.I.S.
Splitting the Sky - Phone/Fax: (604) 543-9661Ts'peten Legal Defence Team:
Bill Lightbown - Phone: (604) 251-4949
Manuel Azevedo, phone: (604) 687-0231, fax: (604) 687-0241Settlers In Support of Indigenous Sovereignty
Margaret Clark, c/o phone: (604) 687-0231, fax: (604) 687-0241