BY FAX TO 604-395-3605
September 2, 1995
Sergeant D. RyanDear Sergeant Ryan:
Thank you for your faxed message. You say that "redirecting the letter for Federal involvement is not necessary." But that was our agreement. You remain contractually and morally bound to keep your word. And it is disingenuous for you to cite normal procedure as a pretext for breaking your word when your word was given to adopt an extraordinary procedure. The essence of your answer to me is that you are "JUST FOLLOWING ORDERS." But since Canada has accepted the Convention for the Prevention and Punishment of the Crime of Genocide, 1948, as you surely must know that old excuse for police complicity in genocide is not acceptable.
Furthermore, from a constitutional law perspective you are wrong to suggest that "Federal involvement is not necessary." Section 91(24) of the Constitution Act, 1867 reposes in the Federal government the trust responsibility of protecting the Indians. Indeed, if the Federal Government historically had fulfilled that particular constitutional duty we would not find ourselves and the Indians in the present horrific situation. If, for example, the Federal Government had disallowed the British Columbia public lands legislation as the Attomey General of Canada recommended in 1875, there would be no cattle baron trying to eject Indians from the yet unceded Hunting Grounds at Gustafsen Lake. Unfortunately, the illegal but politically expedient decision of the Federal Government in 1876 was to ignore its own 1875 Order in Council adopting the Canadian AG's recommendation. Instead of disallowing the offending Provincial legislation the Federal Government commencing with the Indian Act, 1876 decided to leave the Provincial legislation stand, in favour of wiping out the objecting traditionalist element in native society who might stand in the way, just as the people at Gustafsen Lake are doing today. The present involvement of the RCMP at Gustafsen Lake is, therefore, simply another chapter in the book on the RCMP's role in the winning of the west, an achievement based not upon cession and purchase as the constitution requires, but, rather, upon treason, fraud, genocide, the strong arm of the police and the collaboration of the illegal Indian Act band councils.
Your fax to me failed to address the crucial question: now that the RCMP have broken their promise to refer the jurisdiction issue to the Attorney General of Canada, what is the status of the complementary agreement not to raid the Indians' encampment pending the Attorney General of Canada's decision?
Sincerely,
Bruce Clark