Settlers In Support of Indigenous Sovereignty (S.I.S.I.S.)
SISIS@envirolink.org
Wednesday, February 25, 1998

To Whom it may concern: Settlers in Support of Indigenous Sovereignty is an international organization dedicated to the struggles of Indigenous Peoples for self-determination and Sovereignty. As such, the paramilitary operation launched against the Ts'peten sundance grounds on sovereign, unceded Shuswap territory is familiar to us. It involved a fundamental jurisdictional conflict between Indigenous nationals - of which James Pitawanakwat was one - and paramilitary forces of the Canadian state.

Canada and British Columbia have successfully criminalized the Ts'peten Defenders and forced them through its own domestic legal system. It has steadfastly refused to acknowledge that its domestic jurisdiction is of dubious effect according to international law. The necessary precondition to Canadian jurisdiction - a treaty - has not been negotiated with the Indigenous nation in possession. As such you have arguably been suborned into criminal proceedings here which are demonstrably illegal. Mr Pitawnakwat is an internationally protected person. Canada may have succeeded in thus far evading international law but these proceedings are nevertheless illegal.

Those of you involved in determing Mr. Pitawanakwat's application must consider that such a fundamental jurisdictional contest between indigenous nationals and the settler authorities clearly makes OJ Pitawanakwat a political prisoner and arguably a prisoner of war. Just as Canadian troops detained in WWII Prison camps were not tried or sentenced in the domestic german criminal courts so should Mr. Pitawanakwat not have been subject to the criminal justice process, or, indeed, the one you currently sit on.

James Pitawanakwat is not a criminal prisoner. As such standard criteria such as "contrition" or "remorse" are not applicable here. To insist that Mr. Pitawanakwat denounce his own actions in defence of his inherent, indigenous nationality and landrights, indeed rights internationally recognized, is a barbaric and outrageous further abuse of his status as an indigenous national. Mr. Pitawanakwat is not a Canadian national. He should not be subject to this domestic body.

Nevertherless, he is here today as are you. Having first informed you that your deliberations are outside the bounds of international law, we recognize that you exercise power nevertheless. As such we can only seek to advise you that to further penalize Mr. Pitawanakwat by refusing to allow him whatever avenues exist towards his ultimate freedom, would be in the view of our organization a cruel and pointlessly arbitrary act. It is highly unlikely that Mr. Pitawanakwat having had the courage to stand his ground with others against the state terror brought against him at Gustafsen, should now plead for your mercy and beg for your favours.

This is a political matter, not a criminal one. It is unfortunate your government has placed you here, but here you are. And you now have the power to either grant the application or refuse it. SISIS believes that Mr. Pitawanakwat is a courageous, articulate and intelligent man who has demonstrated great inner resources of loyalty, strength and perseverance towards reversing the colonialism and genocidal damage that Canada and British Columbia have inflicted upon indigenous peoples. These qualities are sorely needed to further the healing of the wounds which native peoples suffer. He has a demonstrated ability and experience with Native youth that should be freed to guide them past the pitfalls and through the nightmares of a colonized condition to the honourable settlements and racial reconciliation which SISIS hopes will come soon.

History and Law will demonstrate that Mr Pitawanakwat and the other Ts'peten Defenders were right and that Canada was wrong. As a small gesture towards that step forward, SISIS suggests that there is nothing to be gained by holding Mr. Pitawanakwat further. We ask that you grant his application.

For Peace, Justice and Racial Reconciliation,

Settlers In Support of Indigenous Sovereignty (S.I.S.I.S.)

Bulldozer Collective
pns@pathcom.com
Wednesday, February 25, 1998

To Whom It May Concern:

As Canadians of various races, and as activists who have long been concerned about the role of prisons in ensuring that Canada, and its corporate benefactors, can continue to use unceded Native territory without permission or adequate compensation, we would like to make the following points:

WHEREAS the attack by the Canadian state against Mr. Pitawanakwat and the other indigenous traditionalists on unceded Shuswap land (Ts'Peten aka. Gustafsen Lake) in 1995 was a violation of international law;

AND WHEREAS the Royal Proclamation of 1763 confirmed in the Constitution of 1982 has not been honored by the Canadian and BC Courts;

AND WHEREAS the argument for the sentences of the Gustafsen Lake in the last summer were met with the claim that it has been dealt with the Delgamuukw, and whereas recently, the Supreme Court of Canada struck Delgamuukw down and ruled that the judge had erred;

AND WHEREAS Native ceremonies like the Sundance need protection from cultural genocide;

AND WHEREAS Mr. Pitawanakwat is imprisoned as a criminal or terrorist and not as a political prisoner;

WE urge you to release Mr. Pitawanakwat forthwith;

AND WE urge you to hold a full and comprehensive public inquiry into all aspects of the Gustafsen Lake matter with international observers present to ensure that the process is thorough and unbiased.

We thank you for your attention and action in this matter.

Sincerely Yours,

Jim Campbell
for the Bulldozer Collective

TE ROPU MAORI MEDIA
PO Box 1436
Otepoti-Dunedin
AOTEAROA-NEW ZEALAND

February 21, 1998

To Whom It May Concern

WHEREAS the attack by the Canadian state against Mr. Pitawanakwat and the other indigenous traditionalists on unceded Shushwap land (Ts'Peten aka. Gustafsen Lake) in 1995 was a violation of international law;

AND WHEREAS the Royal Proclamation of 1763 confirmed in the Constitution of 1982 has not been honored by the Canadian and BC Courts;

AND WHEREAS the argument for the sentences of the Gustafsen Lake in the last summer were met with the claim that it has been dealt with the Delgamuukw, and whereas recently, the Supreme Court of Canada struck Delgamuukw down and ruled that the judge had erred;

AND WHEREAS Native ceremonies like the Sundance need protection from cultural genocide;

AND WHEREAS Mr. Pitawanakwat is imprisoned as a criminal or terrorist and not as a political prisoner;

I urge you to release Mr. Pitawanakwat forthwith;

AND I urge you to hold a full and comprehensive public inquiry into all aspects of the Gustafsen Lake matter with international observers present to ensure that the process is thorough and unbiased.

As an individual I thank you for your attention and urgent action in this matter.

Sincerely Yours

Garfield Toro

TE ROPU MAORI
(Otago University Maori Student Association)
527 Castle Street
P.O. Box 1436
Dunedin - New Zealand

Anti-Racist Action (Kingston)
PO Box 461
Kingston, ON K7L 4W5

Feb. 20, 1998

To Whom It May Concern,

We urge the granting of full parole for Mr. Pitawanakwat, a man whom we believe to be a political prisoner.

We believe his further imprisonment is not only unnecessary, but also unjust.

Further, we urge the holding of a full and comprehensive public inquiry into all aspects of the Gustafsen Lake matter with international observers present to ensure that the process is thorough and unbiased.

Harry Pilfold,
For ARA Kingston