Trial, Week 17: Summary - November 20


WEEK 17: NOVEMBER 18 - 22, 1996

   * Day 77: Monday, November 18         * Day 79: Thursday, November 21
   * Tuesday, November 19 - no court     * Day 80: Friday, November 22
   * Day 78: Wednesday, November 20


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

J in. Without jury.

HR gets up and says he has been instructed by Mr. Ignace to no longer represent him and HR will be taking his leave now.

Wolverine (W) confirms this. He says that Glen Kealey will be coming in here to help him out and GW will represent the charges. W says that HR has not brought out the Constitutional law as he has asked him to. He says that HR has scoffed at the idea of the rights being entrenched. "I feel there has been no crimes up there because we were standing on our own homelands. The only criminals there were the police. Our rights are entrenched in the Constitution."

J tells W that his view is that HR has given W all the legal avenues available and that you can't bend the trial to suit your purposes. J says that HR has ably made wise choices during this trial. J: "I realize that you could care less, but that is my opinion." Wolverine says that when the map was brought out saying that Lot 114 was private land, that was a recognition by the court that the land was legally owned.

J tells HR that he has ably conducted himself and that he regrets his departure. HR leaves.

GW - says this is the first he's heard of this and would like a minute to speak with Wolverine. J stands down the court.

(break) Back in court. J back.

GW - explains that his role with Wolverine will be as follows: GW will continue in the way he has, regarding cross-examination. He sees no conflict between his clients and Wolverine. GW explains that W will essentially represent himself, but wants Glen Kealey to assist him in the court with advice. GW hands the J a leaflet put out by Kealey to help identify him. GW says that having Kealey here won't prejudice the trial at all.

GW also says that W recommends that the J read Section 25 of the Charter of Rights and Freedoms which relates to existing aboriginal rights. GW says that this would be of assistance to the J and the jury because this will explain the scope of W's defense. GW asks that the J read it to the jury for W as he is not represented.

GW also says that W wants it made clear that HR isn't leaving because of a fallout he had with HR and is simply now representing himself.

W agrees that this is what he has said. W says that he wants this Charter section read to the jury so that they know why they were making a stand at the lake. J asks W to confirm that he is now representing himself. W says that his counsel of choice is not available. W says that they were standing on existing rights up at the lake and wants to ensure that the law comes out his way.

J asks if W would consider taking another counsel here. W says that he would like to take some advice from Kealey and get back to him in a couple of days. W says that he still wants the trial to continue during this decision.

ST - says that his clients are troubled by this turn of events and would like to stand down for the remainder of the day while they get some advice.

SF - says that she would like to speak to W, but they won't let her see him in jail because she doesn't have proper ID. J asks that a sheriff accompany her the first time to vouch for her.

LB - says it is a valid request to stand down for the day to allow W some time to consider his options. LB wants to have a clearer understanding of what the roles of GW and Glen Kealey would be. He wants to know just when exactly GW would be acting for W. J explains that his understanding is that GW will continue in his same way and that W will do his own cross-examination. LB asks about the final submissions to the jury. J says that he expects that it will remain the same for final submissions.

J asks sheriff to tell the jury to return Friday.

DC - says that Stuart Dick wasn't here Monday because the roads were blocked Sunday night by snow and that he still be paid. J agrees.

J appreciates GW's assistance to W and encourages all counsel to give W help and advice.

GW - says that tomorrow, Jensen will be here at 10:00 a.m.

MA - says that they will also deal with disclosures tomorrow with JF. J says that W won't be needed tomorrow regarding pay issues, but says that he's not sure of how W's new situation will affect disclosures. The J stands down until tomorrow.

   * Day 77: Monday, November 18         * Day 79: Thursday, November 21
   * Tuesday, November 19 - no court     * Day 80: Friday, November 22
   * Day 78: Wednesday, November 20