Trial, Week 15: Summary - November 5


WEEK 15: NOVEMBER 4 - 8, 1996

   * Day 68: Monday, November 4         * Day 71: Thursday, November 7
   * Day 69: Tuesday, November 5        * Day 72: Friday, November 8
   * Day 70: Wednesday, November 6


Edited by Roz Royce and Trond Halle, from notes by Trond Halle (Defendant)

Posted by Settlers In Support of Indigenous Sovereignty


Abbreviations used in notes:

DC = Don Campbell (Defense)
SF = Shelagh Franklin (Defense)
GW = George Wool (Defense)
ST = Sheldon Tate (Defense)
MA = Manuel Azevedo (Defense)
HR = Harry Rankin (Defense)

LB = Lance Bernard (Crown)
JF = Jennifer Fawcus (Crown)

J = Judge

LB - says he has one witness today, named Will Thomas, who will identify two videos which will take about two hours to show.

LB - Next witness (#62): William Thomas (WT) - has been a freelance journalist since '66 around the Pacific Rim. He works with both still cameras and video cameras. He has published in Eco Decision out of Ottawa. WT says he has very strong concerns about testifying as a journalist. He says that it threatens to silence all journalists. "If the threat of turning journalists into prosecution witnesses silences the voice of any Canadian -- especially those descendants of the First Nations -- to occupy this province - the consequences could be grave for democracy and the very processes this court is pledged to uphold." He says he is here under duress after two policemen pounded on his door and served him a court notice with a threat that he would be jailed if he didn't testify.

WT went to Gustafsen Lake following news reports demonizing the people as terrorists, cultists, etc., because he had seen this done before first hand in Kuwait and Iraq.

He arrived Aug. 23 and stayed until Aug. 27. LB asks if he was there with the camp's permission. ST wants LB to be more specific. WT says he was there with the camp's awareness. He says he used his video equipment. He filmed interviews and the general area, except for the Sundance grounds.

He left the camp on Aug. 25th to read a press statement to the media in 100 Mile House. He felt that the statement was a breakthrough because it said that the camp was willing to negotiate and would come out in exchange for immunity.

He was at the camp when Mercredi was in there. He was in the last car to leave the camp on the 27th before the RCMP closed off the roads. He left 100 Mile House and went to Vancouver with his videotapes. He showed his footage to the CBC and wanted them to show footage of a young Sundancer. He sold them eight and a half minutes of film.

He has seen the two hours of tape that the Crown has. WT agrees that the first videotape begins with a woman cooking and ends with an interview with Mercredi and Bill Lightbown.

The first videotape is played.

Tape #1: A kitchen shot inside the cookhouse. Suniva is cooking. There is a little girl playing on the floor. Next shot is of Wolverine speaking to a reporter. He says that the RCMP seem to be negotiating with guns and they should go back to school to learn the law. Some shots of the grounds. A small canvas hut. Shots of the lake. Rocks on the ground. Trees on the horizon with stormy clouds behind.

An interview with Harriet Nahanee. She says that the news is doctored to distort the truth. She says that she came up to support the traditional people. She says she hasn't seen any guns or any terrorists. She's had fun. They're nice people. "Come up and live with them."

A CBC camera crew arrives and SF tells them to wait awhile because there are other media inside. CBC reporter Adrienne Arsenault is at the fence and a bunch of the camp members come to meet her. Gordon Crowchild pulls up and shakes hands with Percy and Pancho.

Discussion with Crowchild. He says to Percy that the rest of the natives have signed treaties.

He suggests that natives have to go to other countries like China. Wolverine says that they have exhausted all legal avenues and their demand is that the Governor General open the door to the Privy Council so that the Queen will be given a chance to do her duty. Crowchild repeats that you have to go to other countries. Crowchild says that there are no more Sitting Bulls. He says that you can't depend on white man's laws. He says that he wouldn't go to the Queen. He suggests that you should go to Saddam Hussein and he could bring his troops to Canada. Wolverine stares at the ground in silence. Crowchild says that he was a chief on his council before, but he didn't know all these things then. Crowchild says that they made halfbreeds so that we would fight with ourselves. Wolverine says that if Crowchild keeps on talking, then he won't be able to bring out the issues. Crowchild maintains that he is in support of him.

A hailstorm bombards the camp. Camp members are laughing and enjoying it. Percy stares off at the skies. One jury member smiles warmly while watching the scene.

Inside the cookhouse, Harriet speaks. She says that once land is made into a park, it is no longer available. She speaks of telling Lavina that if she really needs money, then only cut down some of the forest.

Outside, Crowchild says to a reporter that native people should always support one another. He says that he will support anyone who helps their people. He says we need to stand together as a nation. Adrienne Arsenault says that she spoke to the mayor of 100 Mile House who is concerned about tourism. Crowchild says that the people here have a right too. He believes it when people here say they will only come out in bags. There are no more warriors anymore. We're only talkers now. We all need to be warriors and to stand up and protect our land. The federal government has taken all the land. We have to fight the federal government and we need the help of other countries.

Arsenault speaks to Philomena Stevens, John Stevens' daughter. She says that the government is taking her father to court to make an example to the rest of the band council. She says that she came in with others and that there are more coming. She believes in dying for the land. She has been here all summer and was involved in the Sundance ceremonies here. She will carry on at home in Morley.

Will Thomas interview with Wolverine. Wolverine says the bigger issue here is the law. The Canadian government doesn't want to deal with its laws. There are 11 cases that have been brought forward to the Supreme Court and the courts say that it's not in the country's interest to pursue it, so now we have to take it to the Privy Council. In the past they had created a third party tribunal to decide on a dispute between the colony of Connecticut and the Mohegan Indians. The court ruled in the Mohegan's favour. The government is calling us squatters on our own homeland, on land which was never ceded. Wolverine says that the parts that were bought by the Hudson Bay Company are the only parts that should be called British Columbia. The rest is unceded land. The Queen has to be held accountable for not upholding her duty. We are using law, not weapons. We will use weapons to defend ourselves because the RCMP has declared war on us. We are prepared to come out in body bags. Either way we win. Canada will be held accountable. We are using international law here. Domestic laws do not apply to us.

WT suggests that water diversion is also a part of this. Wolverine says that he doesn't have his maps with him, but has been getting information from Glen Kealey. There is a plan for the U.S. to annex Canada in 2005, but that date has been upped to 1998.

He says that this was all done under the Mulroney government. The Grand Canal scheme is designed to move water to the U.S. Wolverine says that the government has already mortgaged Canada to the hilt. This will lead to the annexing of Canada. He says that when the Free Trade agreement was signed by the Ministers when they had only 20 minutes to look at it. Glen Kealey has said there are about 500 pages missing from the original agreement that have been buried, so people won't see what's really going on. The same thing is happening in Chiapas, Mexico. Wolverine said he met with them just before the uprising. They told him that this might be the last time he would see them because the next time, they may be walking with the stars. Wolverine says he didn't know what they meant until he heard about the uprising on TV.

Wolverine says that all he is asking for is a peaceful solution to the problem. A phone call in the cookhouse interrupts the interview.

A helicopter flies over the camp. There are more shots of the lake, of a rock by the lake, of a rock, of the lakeshore. A helicopter is heard in the background. A large rock has a red spray painted feather on it.

Inside the cookhouse, Wolverine listens to a news broadcast. Harcourt says that he supports the RCMP.

In a field, a man is seen walking with a rifle.

By a fenceline, Sgt. Sarich is speaking to some people. Sarich asks who WT is. WT tells him.

By another fence, Sarich is trying to speak to the camp. He understands that Glen Deneault wants to speak to the police. SF tells him to please leave. SF says that their statement is to contact the Governor General to open the door to the Privy Council. Sarich says that there will be patrols in the area. SF tells him to leave. Sarich wishes her a good day. A bandannaed warrior walks up as Sarich is driving away. "Keep your people out of here." A man is heard yelling from the woods. "Fuck off!" Glen is telling SF that the police set this up. He never told them he wanted to speak to them.

Night shot around the fire. Singing and drumming mournfully echo through the darkness. The song ends in laughter as a voice breaks.

Darkness in the cookshack. Wolverine is speaking on the radio phone saying that their demands have to be heard. Someone on the other end is playing back a news report. The sound is garbled. Wolverine says that Canada has to answer. He says that if the people here are killed, then there will be ten eruptions for everyone killed here. He gets off the phone and says that Canada will be accountable. He says that, like a leader once said, "If you kill us, then our spirits will be ten times as strong."

Day shot. People are looking at the skies. Someone says, "Chopper coming in." There are people milling around.

In the cookhouse, someone on the other end of the radio phone says that Bruce Clark has written a letter dated Aug. 25. "Message: The people at Gustafsen Lake have one demand...regarding a petition dated January 3, 1995..." Video breaks.

Day shot of white truck on a road. There are ERT members milling around caressing their weapons. It looks like they are searching the truck.

Outside a building in 100 Mile House, Shari Bondy says that she was refused entry into the camp with a letter from Bruce Clark, which is interfering with the camp's lawyer/client relationship. She says that she read the letter to the RCMP before reading it to the media.

Outside, there is a media circus that swarms around Mercredi. Mercredi says that he is acting as a mediator, not as a negotiator. He is there to facilitate talks with Antoine Archie and others. The video flickers forward to an interview with Bill Lightbown. J takes the morning break now.

MB/ LB says that the video flickers are part of the tape and can't be altered.

Tape continues: Mercredi is speaking again. It's the same shot we saw earlier. Bill Lightbown speaks, but the video jumps around and there is no audio. Bill says that the people in the Tribal Council have the same views as the RCMP. He says that he never saw any arms in the camp. The tape glitches forward again. Bill says that the people that were picked up on the river were 40 miles from the camp and yet it's the people in the camp that are being criminalized. "There is no doubt in my mind that the only way these people are coming out is dead." End of video #1.

DC asks if there are any copies that don't have the video glitches which would have the audio intact. LB explains that this is what he was saying earlier and no better copy exists. J says DC can ask the witness.

LB - WT says that the interviews we just saw of Mercredi and another were taken after Mercredi's visits. WT says that he filmed Gordon Crowchild on Aug. 23, the first full day he was there. WT confirms that the next tape begins with an interview with a Sundancer in a vehicle and is followed by an incident with a helicopter. LB asks that the next video be played.

Video #2: Glen says that Chief Coyote came to the Shuswap people to teach them how to celebrate life. This is what this place is all about. This ceremony involves sweating, fasting. It is for all the Shuswap people, even the band council people, whether they believe in the traditional ways or not. Glen says there aren't many of us Indians left. He says it's a way of life. The Shuswap people roamed the lands without regard to any other laws for thousands of years. Then these people showed up, claiming they had the "real" laws. Those were never given by the Creator. Glen says that they're not bothering anyone. "There are no terrorists here, none of us." It's pretty strange that they would challenge our beliefs and a ceremony that celebrates life. "We just celebrated life here and now they turn their instruments of war on us." There are cops around and SWAT teams in the hotel rooms. He says that even if we don't believe in white people's religions, we respect their right to worship and we don't build golf courses or shopping malls on their places of worship. Glen says that when people come and invade your land, "it makes you feel pretty bad." He says that the Shuswap fought a lot of wars to keep their land - with the Chilcotins, with the Okanagan, etc. "Our land."

Shots of the lake - the sun setting, reflected in the lily pads and turbulent clouds on the horizon.

A car drives through a field.

Someone reads a paper titled, "Respect the land or perish."

Camp in the morning. A helicopter flies over and shots are heard. A man points a weapon upwards.

Wolverine comes out of the bush saying "everyone out of the bush." Another warrior comes out armed. A person is loading a magazine with bullets. The video blacks out a few times. Someone else cycles the action on a rifle. There are people milling around. Another shot of a masked person being smudged by Percy.

A field and a long shot. A man comes out with a rifle saying "free as a Wolverine." Shots of people around cars. Percy is staring at the treeline in the distance. A man stands armed near the outhouse.

An armed man stands talking. He says that he has never considered himself part of a nation because the people are all scattered on reserves.

There is another man who sits cradling a rifle. WT says that the police could be coming in and he might be dead before the day is over and asks how he feels. The man says that he isn't scared, but has to stand up for his people. He says that he would like to see things resolved, even if it means putting his life on the line.

Wolverine says that there is a letter that was leaked out. Jack Weisgerber said that all the tax base (of B.C.) rests on Crown land that was never ceded by the Indian people. Wolverine says that Cashore, a DIA guy, said that people don't realize that they are paying taxes for land that was never sold by the natives. He says that these are the things that have to come out. He wonders what kind of reaction Weisgerber would have if his statement was put to him.

A man is seen sharpening a machete. Wolverine says that you have to start training your minds. He says there is no use being afraid. A little girl says, "I'm not afraid." Wolverine says that we're not backing down. We're all doing federal time - 20 years. We're not going out peacefully. A shot of a rifle on a hood of a car. Wolverine speaks to people around a fire.

Inside the cookhouse, Wolverine speaks on the phone. He says that he doesn't care if Mercredi comes in because he is an apple. He sold out a long time ago. The journalist on the other end says that it sounds like Mercredi is coming in. Wolverine says that he can come alone and he can leave those Tribal Council people behind because they have already sold their souls. "We've got to make these people pay."

Outside, Wolverine speaks to WT. He says that the real government comes from here (motioning to the sky) - a spiritual government.

Percy says that he wants to talk about what is happening here. He says that "we are protecting our rights." He says that the people here made a spiritual vow to protect this place. He says that anyone who has a heart and who has a spirit, who listens to something other than the Creator, is breaking a vow to the Great Spirit. He says that there are four races of man - red, yellow, white and black. And yet in the church, it only represents the three wise men. "Where is the fourth?" "We don't go to church and disrupt it. We respect it." Percy says that on these grounds there is a Sundance arbour, which is here for the people. "And we do our best to work for the people." He says that there is a vow to protect the land for future generations. "This land belongs to the babies and we are the keepers, the protectors." Percy shows a declaration signed by the Shuswap people. He says that they don't have documents, they have oral traditions. He says that the paper comes from the trees. They live by the tree of life. He says that they destroyed the tree of knowledge, but they still live by the tree of life. "I don't want to ridicule other people's beliefs and I don't want to put borders between people." He thanks WT for the opportunity to speak.

People listen around a car to the radio reports.

Shots of people running around the camp area. There is talk of someone coming in. A man is seen running into the bush. A van pulls up to the fence. It's the media - a woman reporter from CBC radio. Wolverine wonders what Mercredi, the great leader, can do because he sold out a long time ago. He says Mercredi can come in if he wants, but wonders what he can do. Wolverine says that he is nothing but an apple. The lady gets her tape recorder. Wolverine says that it would be great if he came and stood on this side of the fence. "Maybe he can bring a fifty calibre with him." Laughs in the courtroom. Wolverine says that the phone isn't very heavy to call the Governor General. Wolverine makes it clear that money isn't the issue here. He wants to hear Mercredi make a conference call with Bruce Clark and the Governor General.

Another car arrives. More media. Percy reads a newspaper article that says, "Stay put: lawyer." Wolverine repeats that the people pay taxes for Indian land. He says that regarding Mercredi, if he wants to be a great leader, he can help open that door to the Privy Council. He says that this is the protocol to use in law. A journalist says that Harcourt called the camp New World Order cultists. Wolverine says he should know better because he is part of all that, helping to sign the Free Trade agreement.

Video glitches. Percy is interviewed by CBC radio. Percy says that there is always a bit of misunderstanding the way the media portray things, so he has to refuse an interview.

Glen sits in a car and says that shots were fired every night from across the lake and says that there was only one person the camp was having trouble with. He also says that Lyle James came threatening Percy's life and threatened to hang red niggers. He says that this area is a very isolated place - the closest town is 36 km away. When this happened, the RCMP said that they didn't think it was necessary to come to the site. Glen says that this was the land they were placed on. They didn't come from somewhere else, this is Shuswap land. Glen says that he has been part of this ceremony since it started. Another man says that they fish here and hunt.

Shot of Grant on a bicycle. A masked person scans the lake with binoculars.

Back in the car, Glen says that he doesn't have a violent record and yet they're being painted as terrorists. Glen says that the Creator made everything and then another government comes along saying the land needs taking care of. This place takes care of itself. "We are Indian people and this ceremony is for life." Glen says that people come to the ceremony and spill blood for the people. He says that this system is so corrupt. He said he used to believe in the rule of law, but now he sees it's all corrupt. "And when it comes down to it, they don't honour one law." WT: "Are you willing to die for this?" Glen: "We're already dying." Glen says that it's a duty to stand up for your people, but this man (pointing to the other man) was the only man to come.

Grant is interviewed. He says that eight camouflaged guys came in early in the morning. He says that he was just finishing his sleep and was asleep when a shot went off. He says it was to scare them off.

In the car, Glen says that the Shuswap Nation is big, with a lot of land. When there is a call for help, you have to go. That's what it means to be a Shuswap.

He says that for seven years these people stood here being hassled, without picking up rifles. He says that the rancher has been trying to push Percy around for years. Glen says that this isn't an isolated incident. He says he's interested in finding out how Lyle James got title to this land. He says that no one asks who this white guy is, living in the middle of the reserve, kicking us off. "Where do we go from there?" Glen says that there are gophers all around, making their presence known. Glen says that he's not walking out, they have to come in. He says that he has no dispute with what's on the other side of that fence. This is Shuswap land. He says that the Creator gave them instructions on how to pray and how to celebrate life. He says that this ceremony involves both major components of their beliefs. He says that even the band council people who don't believe are prayed for so that they might become better. "There aren't too many of us Indians left." (This appears to be the same segment as played at the beginning of this tape.) Glen says that they had been on the land for years before the Europeans came. WT says that this matters to the whole world - this little piece of land and these few people. Glen says that it's strange to have their spiritual beliefs challenged. He speaks of the Sundance and of how they just celebrated life. He says that they don't go into other people's churches - they respect their right to worship in their own ways. Tape stopped.

L/ Tape continued. This is a repeat of the earlier interview with Glen in the car. Shots of the lake. End of tape.

LB - WT confirms that much of the video was of a man in a blue vehicle. He says this happened on August 25th. He says that a shot had been heard and a patrol had gone to the lake to check it out. WT accompanied two people in the car. He shot the helicopter footage on Aug. 24. Footage of Wolverine and Percy was shot throughout his stay there.

LB says that there is a third videotape that he wants to play that deals with Mercredi. HR asks if this man is going to become an expert on videos taken of Mercredi. LB expects that WT will say that he was present during Mercredi's interview and that WT is in the footage.

The tape is played. There is a shot of people around the fire. Another shot of media around the fenceline. WT and man cross fence. Mercredi arrives and says to media that he is just here to meet and talk to the camp. The media and Mercredi enter and move to the fire. Mercredi sits with Wolverine and camp members. Wolverine says that whatever happens at this meeting, people will look at Mercredi and either say that he is a great leader or a big disgrace in the eyes of all the Indian nations. Wolverine says that he wants to bring out the issue of the collaboration of the Indian people to put down their own people. He says that this goes for all the chiefs here. It's now gone international. "If we get hurt here, then all the world will ask what happened." He says that he and others have fought for the rights of the people while the elected chiefs have sold out the people by entering into the treaty process, which is a fraud. He says that for too long, he and others have been called down by the collaborators and the white system. Mercredi can be either a disgrace or a leader.

Percy speaks to Mercredi in Shuswap. Wolverine translates, but the shot switches off.

Suniva leans over to Trond in court and says that the media couldn't handle Wolverine because he was too militant and couldn't handle Percy because he was too spiritual. Trond agrees that they couldn't handle the extremes.

More shots around the fire. Wolverine asks for comments from Mercredi and asks if he will sign the document he has. Wolverine: "How poor do we have to be before you learn this?" Wolverine repeats that Mercredi has a choice now. Wolverine says that the RCMP are ready now to move in on them and he tells the elected officials there that they all have a choice. Mercredi says that Wolverine has asked him to sign something and to place his life in his hands. Mercredi asks Wolverine that if he signs this, will he put his weapons down and come out of the area. Wolverine says that if and when the Privy Council deals with this, then we will see that domestic laws do not even apply to us. Tape ends.

LB - reiterates that he doesn't say that this excerpt was a complete rendition of the interview that day. WT agrees that he was there on Aug. 26th wearing a leather hat and carrying a camera. LB asks that the tape only be marked for identification. HR asks what part will be entered. How did the interview conclude? Will Mercredi speak on this? LB clarifies that the tape is only being entered because WT is identified in it. LB says that WT is only willing to identify the portion with him in it. HR asks what the point is? He says that for this conversation to be useful for the jury, they have to hear Mercredi's reply. The J asks if there is more of this video available. LB says that this was only a portion that was available from the CBC. He says he can't produce what he doesn't have. HR says that LB said HR has all the videotapes. "I'd be two and a half years older if I went over all the tapes." Laughs from the jury. HR says that you either play the whole conversation or not at all. LB clarifies that this is the complete tape that the CBC gave to the RCMP. J marks it for identification.

No more questions from the Crown.

HR - HR only concerned about section of tape that dealt with helicopter and Wolverine coming out of the bush. WT: "I never saw Mr. Ignace fire a weapon at a helicopter." WT says that he only was looking through the view finder at the time. The helicopter was 500 yards away. WT says that AKs have an effective range of only 200 yards. He says his experience with weapons occurred when he was in Kuwait. He said he entered the city and the streets were awash with weapons. His film crew picked up an AK, which they used for self-defense. Over the next five weeks, he fired the AK many times and became familiar with it. He says that he saw a "sporterized" version of the AK, which is a semi-auto weapon.

WT says that he spoke to Wolverine and never heard him or others speak of violence or firearms - the only talk was of a political nature.

ST - WT agrees that he came here only because of threats by the police. He says that the police's manner was very intimidating. They presented a subpoena and repeated that if he doesn't show up for court, he would be jailed. WT says he is here under duress and protest and doesn't feel he is supporting the prosecution. He says that his work speaks for itself. His public works are available and he stands by them. He's most concerned about journalists being subpoenaed by the prosecution.

WT says that he had spoken to others a week before going in and was told that the media weren't covering this fairly. This is why he went in. He says that he never felt under threat by the people in the camp, who shared their food and land and humour - only felt threatened by the police and an impending assault. He says he came into the camp and explained to the camp that he wanted to cover their side of the story.

WT says that the stress of the camp was increasing all the time. Planes were circling all the time, indicative of an increasing police presence. Then the phones were cut off on Aug. 26. He told Montague that this was a dangerous position. He says that Montague told him that there was nothing to stop or slow the upcoming police assault. "I believed that a police assault was imminent."

He came in late at night. He didn't notice a large police presence in town. He heard journalists say that the 100 Mile House hotels were filled with police. WT agrees that there was a large number of people who made their way to the camp, including a car full of Australian tourists. WT says that he was surprised his first few days in the camp because he only had information from the media. What he saw was a lot of people camped on the land preoccupied with cooking and living. There were political talks around the fire.

WT says that he spoke to Percy to get his side. WT was impressed that people would often take breaks and go to the Sundance circle to pray. There was a great spiritual feeling there. He agrees that Percy spoke almost exclusively of spiritual matters. He also agrees that Percy was very serious about his beliefs. This was the first time he had heard of a faithkeeper. WT learned that the faithkeeper was a person who would keep the faith of the people and the traditional ways of his people. WT thought of him more as a counsellor of peace and non-violence. He agrees that Percy's entire direction was of peace.

WT agrees that although there were some people who were more focussed on political matters, even they were firmly rooted in the spiritual ways. WT says that he understands that the site was chosen through a vision by Percy. He only knew of the burial ground from the media, but remembers that Percy did mention a graveyard. WT said that he once asked to film the Sundance arbour and was asked not to, so he respected this. He understood that it should not be desecrated by a journalist.

WT says that he definitely could see that only one side of the story was being told by the media - principally the print media. He saw in Kuwait that when people are demonized, they are being set up for a publicly-acceptable execution. WT agrees that Montague was a spokesman. He says that when he asked Montague during a press conference why communications to the camp were cut off, Montague just ended the conference and walked out. WT says that this was a very pertinent question that had deserved to be answered.

WT says that Mercredi didn't appear to be concerned about his safety. He says that Mercredi seemed concerned about the possibility of bloodshed and WT thinks that tensions actually decreased because they were all talking there.

WT explains that in the shot of Percy smudging someone, this was sweetgrass and was a purification ceremony that occurred after the helicopter flew by. WT says that he never saw Percy carry a weapon and says it would be totally inconsistent with a faithkeeper to use one.

WT says that the person sharpening a machete in the video was in charge of gathering wood and water and wasn't filmed to imply that the machete was to be used in an offensive manner.

AB/ ST cont'd with Will Thomas - WT agrees that he filmed a document held up by Percy entitled "Shuswap Declaration". ST asks if WT understood that this was signed by Shuswap chiefs and that it outlined a number of points on how to maintain their culture. ST asks that this document be made an exhibit. LB wonders if this is the witness to bring in the document, but the J says that because the Crown brought it in through the video and we could squint at the screen to read it, he will make it an exhibit.

WT agrees that Percy said that there were four races of man, but only three men were recognized by the bible. The aboriginal man was not represented.

WT agrees that he understood that Percy spoke of the land being held for the future generations. He agrees that the man speaking in the car was saying he was only concerned about the land on this side of the fence.

GW - WT agrees that he is an independent journalist, which means that he decides what assignments he wants to work on and then tries to convince publishers to buy it. WT agrees that regular journalists are assigned what stories to cover. He says that he used to work for the Vancouver Sun and this is how they operated.

WT says that he is 48-years-old and has been a journalist since 1966. GW says that in the trial, we will see journalists travelling with the RCMP. WT says that he just drove in. He says that he wouldn't want to go in with the RCMP unless it was the only way to get in or if he was covering the RCMP.

WT was first made aware of a problem at Gustafsen Lake through the Vancouver print media. GW asks if the media coverage really began on Aug. 19, 1995. WT agrees that it was around this time. He read accounts of Supt. Olfert speaking at a news conference. WT says that when he drove to Gustafsen Lake, there was no roadblock at 100 Mile House, nor on the logging road. He had heard a press account of an alleged shooting. WT says that this information came from the RCMP. WT says that he went there with the hope of getting in before the police set up a roadblock, which he felt would soon be put up. He never saw a roadblock.

When he pulled up into the camp late at night, he pulled up to the gate. He walked to the fire and could see a few people around. He saw no firearms around at all. WT agrees that this fire was a central meeting area for the people. He says it was backed by woods and agrees that it was very conspicuous. He says it was an easy rifle shot from some nearby high ground.

WT agrees that he has been around a number of stressful places. He says that he did a defensive analysis of the ground and told Wolverine that it was totally indefensible ground. There was no place that he could stand as a cameraman where he could survive a police assault, nor could anyone else. WT says that he saw no foxholes, no firearms, nor any drills. "There were no military manoeuvers whatsoever."

GW asks about journalists who sometimes set up shots. WT says that sometimes journalists will ask people to do things a few times to get a shot. He agrees that some of the men appeared to be giving him photo opportunities. Only once was he asked not to film. WT agrees that there were people in the video who do not appear in this courtroom. He agrees that people were coming and going on an almost hourly basis. He doesn't know where these people went. WT agrees that he was filming a man who appears to be middle-aged and spoke of defending the land while holding a hunting rifle. GW suggests that this man could have fired a weapon on the 27th. J says that this is an argument for the jury. WT repeats that people came in and out of the camp on an hourly basis.

On the evening of the 23rd, he spent the night with the medicine man. After the 23rd, he set up a camp near the lake.

He says he never saw a motor home by the lake nor any other campers. WT says that the Australian tourists that came in stayed a few hours and left. WT says that the roads were open at that time.

GW notes that WT was talking to Grant Archie. WT says that he didn't know his name, but recognizes him in court. WT recalls that Grant was relaying information about men in camouflage coming in and a shot being fired around that time. GW suggests that Grant said this happened on a Friday. WT isn't sure. GW suggests that Aug. 18th was a Friday and WT agrees. WT says that he spoke to Grant on the 26th. WT believes that this referred to the previous Friday.

WT also agrees that a man he spoke to mentioned that the police wouldn't investigate when Percy called. WT never saw any police come out and investigate.

WT agrees that when he was interviewing Grant, Grant was saying what he wanted and wasn't prompted.

On the 24th, when the helicopter arrived, WT says that the helicopter was a complete surprise. From the 23rd onwards, he never heard any threats or saw any weapons. He says that when the helicopter came, people were asleep. He says it was very scary because the helicopter has a predatory sound and thought that the morning was the ideal time to launch an attack. He felt sick to his stomach.

WT says that he never saw anyone point a weapon at a helicopter. He was looking at a small 1" black and white monitor in the eyepiece during all this. He heard shots during this time, but the shots stopped when the helicopter left.

WT says that he later learned that the camouflaged people in the woods were RCMP ERT members. He says that it would be an understatement to say that the camp was afraid of the police. He says that he had a restless night the day before he left. He says that he was relieved to learn that another filmmaker was going to stay in. He says that it was the bravest thing he had ever seen anyone do. GW stands Trond up and WT identifies Trond as that filmmaker. WT says that he and Trond had a pact that if Trond was killed, WT would find a cache of his videos and hopefully get the truth out.

WT agrees that Trond was with his camera and other equipment at all times. Trond had told him that he was making a documentary and had been there a long time. WT says that he never saw Trond pick up a weapon. WT says that he often worked side by side with Trond. They had made a deal that WT would dig up the film cache. WT agrees that in Trond's footage, WT might be there too.

GW wants to play a video. The video plays. First there is a bunch of people sitting around a fire. WT agrees that this is the camp. There is a shot of Officer McLaughlin standing at a gate. WT says that he wasn't there that day. The yellow dog wanders into the shot. GW pauses the video and asks WT if this was a vicious dog. WT smiles and says that the dog was not mean and never attacked him. "It may have licked me, but it never attacked me." He understands that the dog was killed.

There is a shot of a young man in the video who WT says he can't identify and who isn't in the courtroom. Shot of a watch on the screen that says Aug. 23.

Next shot is of a journalist from the CBC that WT identifies as Lisa Credenza. He also identifies the person she's talking to as Bill Lightbown.

WT says that he was asked to vouch for some media and he told the camp that Lisa would give a fair story. WT agrees that there was some distrust of some of the media. WT says that some spend more time with the RCMP than others.

He says that this is fine if they go on to get the other side of the story, but many of them don't. WT says that on a couple of occasions, he vetted the journalists who were allowed into the camp. He says that the camp initially didn't want any journalists, but he told them that it might be good to have some media there.

The next shot is of a journalist who WT thinks is with The Province. WT agrees that there were a lot of people in the camp that were drawn to the area after the police press reports. There is another shot of two women. WT can't identify them. The next shot is of John Stevens and another man. WT recognizes Stevens. He knew that Stevens was well respected by the camp. WT says that Stevens invited non-native people into a circle and passed around a peace pipe. Stevens hoped that there would be a peaceful resolution. WT can't identify the person next to John Stevens. WT says that Stevens never encouraged violence. WT agrees that people in the camp were doing spiritual things and that Stevens had a spiritual presence. WT doesn't recall ever speaking to Stevens. WT agrees that Stevens was aloof of any political ideas nor was he promoting any land claims or anything.

Next shot is of a tall man standing at the fence speaking to Lisa. WT doesn't recall ever seeing him. Next shot is of a woman who WT doesn't see in the courtroom.

   * Day 68: Monday, November 4         * Day 71: Thursday, November 7
   * Day 69: Tuesday, November 5        * Day 72: Friday, November 8
   * Day 70: Wednesday, November 6