TS'PETEN DEFENDERS'
LEGAL UPDATES

* Brief Overview
* Applications for Parole
* Appeal

* Criminal Proceedings:
   July 8, 1996 - July 31, 1997
    ° Sentencing
    ° Verdicts
    ° Jury deliberations
    ° Judge's instructions to jury
    ° Final summations
    ° Testimony & Updates
    ° Detailed court reports


* Bail hearings
Flo Sampson, Ts'peten Defender
* Pre-trial legal proceedings

* How YOU can help

Trial Judge Josephson is not unfamiliar with the issue of native sovereignty in unceded territories. As shown in Fletcher Challenge Canada v. Miller et al, 1991, Josephson is clearly biased against the sovereigntist argument. Hardly an impartial arbiter of justice for the Ts'peten Defenders.

Three of the Defenders appealed the verdicts on the grounds that the settler (non-native) courts have no jurisdiction on events that happen on unceded native lands. In early November 1997, the BC Supreme Courts refused to hear the appeal. We will continue to post further legal developments on this site.

Oct 28/98: BC Court of Appeal dismisses Wolverine's final appeal

May 15/98: Interview with Bruce Clark on denial of leave to appeal
May 14/98: SCOC denies leave to appeal

Feb 06/98: Application for Leave to Appeal
Feb 06/98: Court upholds Gustafsen convictions
Feb 05/98: BC Court of Appeal-Reasons for Judgement

Jan 26/98: BC responds to jurisdictional challenge w/Delgamuukw
Jan 17/98: Letter from Clark to Willms
Jan 08/98: Chief Justice offers 'deal' to Ts'peten Defenders
Jan 02/98: Oral Reasons for Judgement: Motion to withdraw
                  non-jurisdictional argument

Nov 17/97: Prisoncrats relent, allow appeal papers in
Nov 14/97: Prison authorities sabotage appeal
Nov 07/97: Court refuses to hear appeal

Oct 16/97: The Martlet - BC stalls Gustafsen appeals
Oct 12/97: Court unexpectedly adjourns appeals

Sep 18/97: Application for Leave to Appeal

Feb 28/98: OJ Pitawanakwat denied parole
Feb / 98: Letters in support of OJ Pitawanakwat

Jan 28/98: Support OJ Pitawanawkat's parole application

Jul 31/97: Clippings - Defenders sentenced
Jul 30/97: Defenders sentenced to jail terms
Jul 28/97: AFN 'chiefs' golf while Defenders await sentencing
Jul 23/97: Sentencing date set
Jul 15/97: Comparing the Great Law with Handsome Lake Code
Jul 12/97: Defenders' submissions continue
Jul 11/97: Waiting to see justice - Defenders' submissions
Jul 10/97: Concerns mount, support letters come in
Jul 09/97: Support letter from ex-US Attorney General Ramsey Clark
Jul 07/97: Urgent appeal for letters supporting Defenders

Jul / 97: Demanarchie Vol. 4 #1 - No Jurisdiction

Jun 21/97: Crown demands stiff sentences, especially for Wolverine
Jun 20/97: Terminal City #196: No happy ending, just damage control
Jun 17/97: The real sentencing circle
Jun 11/97: Defence suggests sentencing circle (mainstream)
Jun 10/97: Sentencing delayed
Jun 09/97: Gustafsen 'sentencing circle' rejected by sovereigntists
Jun 08/97: Vigil for Defenders
Jun 07/97: Judge to rule on Gustafsen sentencing (mainstream)
Jun 06/97: Wolverine: When will we get justice?
Jun 06/97: Terminal City #194: Mapping racism
Jun 03/97: June 6 = Day of Action in solidarity with Defenders

May 30/97: Terminal City #193: Defenders need your support now

Jun 30/97: Bulldozer #2: Jury steered to convict

May 23/97: Terminal City article: Sundancers on trial
May 22/97: CPC-ML condemns convictions
May 20/97: CASNP statement
May 20/97: Colonialist court, colonialist verdicts

Jun 04/97: Socialist Worker: Drop all the charges

May 19/97: Jury out a week; call for inquiry
May 14/97: Still awaiting verdict
May 13/97: Jury still out
May 12/97: Jury begins deliberations
May 09/97: CASNP: What next?

May 18/97: Judicial manipulation of jury
May 16/97: Colour of Right defence: where did it go?
May 12/97: Judge continues to stonewall jurisdiction
May 11/97: Judge withholds 50+ hours of RCMP training tape
May 10/97: Charging the jury
May 07/97: Judge stacks the deck

Reasons for Judgement
   May 21/97: Ruling disallowing self-defence
   May 09/97: Dismissal of jurisdiction argument
   Apr 20/97: Dismissal of colour of right defence

Apr 30/97: Last-minute dirty tricks to steer trial
Apr 30/97: Wolverine speaks to court (mainstream)
Apr 29/97: Lawyer Manuel Azevedo: "Plea for respect"
              Related document: interview with Glen Deneault
Apr 29/97: Only conspiracy at Gust Lake = politicans + police
Apr 28/97: Defender Wolverine: "Bullshit sells, truth doesn't"
Apr 26/97: Lawyer George Wool: "Media manipulation"
Apr 25/97: Defender OJ: "Sovereignty is the issue"
Apr 25/97: Lawyer Sheldon Tate: "Blame Clark, not clients"
Apr 24/97: Defenders Rob Flemming, Shelagh Franklin

TESTIMONY & UPDATES

Apr 25/97: Terminal City #188: Interview with John Shafer
Apr 21/97: Summary of key evidence and testimony - to Apr 21
             (see also chronology of events according to testimony & evidence)
Apr 21/97: End is in sight
Apr 18/97: Terminal City #187: Bruce Clark stands on guard
Apr 15/97: The Defense rests its case
Apr 14/97: Ts'peten trial reminiscent of Kafka's "Castle"
Apr 12/97: Lil'wat Elder testifies at Ts'peten trial
Apr 11/97: Terminal City #186: Where's the media?
Apr 04/97: Terminal City #185: Trial continues

Feb 28/97: Terminal City #180: JoJo Ignace tortured
Feb 28/97: Ernie Archie testifies
Feb 26/97: Trial continues, media disappears
Feb 25/97: Editorial - What kind of justice?
Feb 21/97: RCMP - flak jackets doctored?
Feb 21/97: Terminal City #179: "murderers" vs. "patsies"
Feb 20/97: Clipping - Wolverine requests Clark
Feb 19/97: RCMP quotes
Feb 18/97: Bill Lightbown - Judicial Conspiracy?
Feb 14/97: First casualty at Ts'peten = truth
Feb 14/97: Terminal City #178: The non-official version
Feb 12/97: Clipping - Records exaggerated
Feb 06/97: Clipping - Trial turns into probe of Mounties' actions
Feb 05/97: Clipping - Mountie says smear charge is "ludicrous"
Feb 04/97: Clipping - Sgt. cites boss: "Kill this Clark"
Feb 03/97: RCMP frame-up unravels

Jan 31/97: Clipping - Up in smoke and all on video
Jan 29/97: Clipping - RCMP admit Gustafsen gaff
Jan 28/97: Clipping - Natives feared cops were racists
Jan 25/97: Clipping - RCMP denies plan to deceive media
Jan 24/97: Clipping - Mountie denies propaganda plan
Jan 23/97: Clipping - Officer altered surrender plan
Jan 21/97: Clipping - Mountie regrets "smear" remark
Jan 20/97: Clipping - Battle extends to trial
Jan 09/97: Clipping - RCMP feared a "war"
Jan 08/97: Clipping - Police wanted 4,000 troops
Jan 07/97: Clipping - Armed standoff led to charges

Dec 20/96: RCMP "smear campaign" revealed

Aug 18/96: Trial far from "ho-hummer"
Aug 15/96: Oh Canada, our home and NATIVE land

Jul 21/96: Delay caused by prosecution withholding info
Jul 21/96: RCMP sent in to improve NDP ratings?
Jul 19/96: Petition filed for Wolverine's release
Jul 17/96: Surveying, "ownership" questioned
Jul 16/95: Lyle James questioned
Jul 15/96: RCMP selective memory; bail hearing
Jul 14/96: Summary of first week of trial
Jul 09/96: Initial police testimony evasive
Jul 08/96: Defender's opening statement applauded

WEEK 20: December 11 - December 13 / 96

* Monday, December 09: no court
* Tuesday, December 10: no court
* Wednesday, December 11
* Thursday, December 12
* Friday, December 13

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WEEK 19: December 03 - December 06 / 96

* Monday, December 02: no court
* Tuesday, December 03
* Wednesday, December 04
* Thursday, December 05
* Friday, December 06

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WEEK 18: November 25 - November 29 / 96

* Monday, November 25
* Tuesday, November 26
* Wednesday, November 27
* Thursday, November 28: no court
* Friday, November 29

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WEEK 17: November 18 - November 22 / 96

* Monday, November 18
* Tuesday, November 19: no court
* Wednesday, November 20
* Thursday, November 21
* Friday, November 22

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WEEK 16: November 11 - November 15 / 96

* Monday, November 11: no court
* Tuesday, November 12
* Wednesday, November 13
* Thursday, November 14
* Thursday, November 15

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WEEK 15: November 4 - November 8 / 96

* Monday, November 4
* Tuesday, November 5
* Wednesday, November 6
* Thursday, November 7
* Friday, November 8

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WEEK 14: October 28 - October 31 / 96

* Monday, October 28
* Tuesday, October 29
* Wednesday, October 30
* Thursday, October 31
* Friday, Nov 1: no report

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WEEK 13: October 21 - October 25 / 96

* Monday, October 21
* Tuesday, October 22
* Wednesday, October 23
* Thursday, October 24
* Friday, October 25

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one week break in court

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WEEK 12: October 7 - October 11 / 96

* Monday, October 7
* Tuesday, October 8
* Wednesday, October 9
* Thursday, October 10
* Friday, October 11

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WEEK 11: September 30 - October 4 / 96

* Monday, September 30
* Tuesday, October 1
* Wednesday, October 2
* Thursday, October 3
* Friday, October 4

---

WEEK 10: September 23 - 27 / 96

* Monday, September 23
* Tuesday, September 24
* Wednesday, Sept. 25
* Thursday, September 26
* Friday, September 27

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WEEK 9: September 16 - 20 / 96

* Monday, September 16
* Tuesday, September 17
* Wednesday, Sept. 18
* Thursday, September 19
* Friday, September 20

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WEEK 8: September 9 - 13 / 96

* Monday, September 9
* Tuesday, September 10
* Wednesday, Sept. 11
* Thursday, September 12
* Friday, September 13

---

WEEK 7: September 3 - 6 / 96

* Tuesday, September 3
* Wednesday, September 4
* Thursday, September 5
* Friday, September 6

---

WEEK 6: August 26 - 30 / 96

* Monday, August 26
* Tuesday, August 27
* Wednesday, August 28
* Thursday, August 29
* Friday, August 30

---

WEEK 5: August 20 - 23 / 96

* Tuesday, August 20
* Wednesday, August 21
* Thursday, August 22
* Friday, August 23

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WEEK 4: August 12 - 16 / 96

* Monday, August 12
* Tuesday, August 13
* Wednesday, August 14
* Thursday, August 15
* Friday, August 16

---

two week break in court

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WEEK 3: July 22 - 26 / 96

* Monday, July 22
* Tuesday, July 23
* Wednesday, July 24
* Thursday, July 25
* Friday, July 26

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WEEK 2: July 15 - 19 / 96

* Monday, July 15
* Tuesday, July 16
* Wednesday, July 17
* Thursday, July 18
* Friday, July 19

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WEEK 1: July 8 - 11 / 96

* Monday, July 8
* Tuesday, July 9
* Wednesday, July 10
* Thursday, July 11

Nov 10/96: Bail hearing for Wolverine

Jul 15/96: RCMP selective memory; bail hearing

Apr 29/96: Strange justice - bail granted, injustice unquestioned
Apr 26/96: Final day of bail hearing set
Apr 24/96: Accused endures "circus" in jail, bail judge told

Jul 07/96: Growing support for Defenders on eve of trial
Jul 03/96: Senior RCMP officers abscond from court

Jun 14/96: Ts'peten Defender demands RCMP issue retractions
Jun 04/96: Ts'peten Defenders' lawyer questions use of the military
Jun 04/96: Defense lawyer challenges make-up of jury pool

May 30/96: Justice? What Justice? Where?

May 29/96: Jury selection begins
May 14/96: B.C. Attorney-General served with legal petition
May 07/96: Sgt. Montague continues to testify
May 06/96: Sgt. Montague grilled about RCMP handling of media

Apr 23/96: Lift on press ban sought

Jan 16/96: Defenders prepare for trial; police disclosures revealing

Nov 11/95: Court continues use of intimidation tactics

Oct 24/95: RCMP use intimidation tactics on Ts'peten Defenders