News posted mostly by Ernie Yacoub. Archives were posted in illegible form by Settlers in Support of Indigenous Sovereignty; unedited except for removal of many "Urgent action -- call these people now!" -- notices. Accuracy of facts, quotes, etc. not verified.
Subject: Who's Right Constitutional or Domestic Law?
Clark/Carter letter and M. Clark article
Bruce Clark, LL.B., M.A., Ph. D. (Law)
Barrister & Solicitor
92 Stanley Avenue, Ottawa, Ontario, Canada K1M 1P4
Telephone (613) 741-7065 and Fax 741-7077
BY FAX AND BY MAIL
September 11, 1995
The Carter Center
One Copenhill
Atlanta, Georgia 30307
Dear Sir:
I am legal counsel for a handful of traditionalist Indians in North,
Central and South America. The tie that binds them is a belief that they
are under a moral imperative now to exercise their existing legal
aboriginal rights, specifically so as to apprehend not only the allegedly
ongoing genocide of their people in the Americas but also the ecocide
that seems to them to threaten the earth and hence all other peoples.
Existing natural, international and constitutional law prima facie
precludes the application to territory that has not yet been ceded to or
purchased by (in Canada) the Crown or (in the United States) the Federal
Government of the non-native domestic law pursuant to which the said
genocide and ecocide are occurring.
Furthermore, that higher law also dictates that the question whether
any given tract of land still has not been ceded or purchased is within
the exclusive jurisdiction of an independent and impartial third party
tribunal. Established law since at least 1704 has recognized that it
would run profoundly counter to the integrity of the rule of law for
either the domestic courts of the natives or the domestic courts of the
newcomers to have an interpretive monopoly over that question of land
surrender. To allow one or the other to judge the dispute would be in
effect to make the one or the other both suitor and judge in the same
case. And that is anathema to the rule of law.
Some of my clients, namely those presently under siege at Gustafsen
Lake British Columbia, are at risk of being murdered by police who are
allegedly acting beyond the scope of any legal police jurisdiction. At
Ipperwash Provincial Park in Ontario, a region where I act for a
hereditary chief who has asked the domestic courts to address the law
that precludes their own (and hence the police's) jurisdiction, an Indian
man recently has been shot and killed in a similar allegedly ultra vires
police siege. There is a risk that the Indian traditionalists will more
generally stand upon their legal rights and, in consequence, arguably be
murdered.
Can you somehow intervene so as politically to broker a solution that
will allow this continental conflict to be submitted to the appropriate
independent and impartial third party tribunal and resolved upon the
basis of existing law rather than upon the anti-law basis of force majeur?
Sincerely,
Bruce Clark
---------------------
WHICH LAWS APPLY?
Some Traditional Natives rely on Constitutional Law. The Canadian
Governments and Courts rely on Domestic Law. In a conflict of laws
situation such as this, the conflict is supposed to be resolved by an
established hierarchy of laws: the greatest law is Constitutional law,
followed by Domestic law.
According to Constitutional Law, before the land is ceded to the
Crown...the Natives have complete use, occupation and jurisdiction over
the land. In return, the Crown provides "Protection" to the natives from
the "great Frauds and Abuses" which result from people anxious to have
the land before a treaty; and the Natives can only cede (sell) the land
by concluding a formal treaty according to a strict Constitutional
Formula to the Crown and not to individuals. After that formal Treaty has
been signed according to law by both parties, then the use, occupation,
and jurisdiction held by the Natives is joined (merges) with the
underlying title held by the Crown. Then and only then the Crown can
issue patents, deeds and individual titles to that land. Then and only
then the Indian Act applies to the Natives on their Reserve created by
the Treaty. And, then, the Domestic Law applies generally.
The current problems are occurring as they have occurred in the past
because the Crown, contrary to Constitutional Law, has issued grants of
survey, titles and deeds to land they did not "own", that is before a
Treaty had been signed. By prematurely moving on to unceded land the
courts and police and settlers, the domestic governments forcibly applied
the Domestic Law in spite of the Constitutional Law. At the same time as
unconstitutionally making illegal the Sundance, the Ghostdance and the
Potlatch, all essential to the social, religious and political lives of
the Traditional Natives, they unconstitutionally applied the Indian Act
to unceded land even when on its face the Indian Act can only apply after
a valid Treaty, and made illegal the Traditional Government of the
natives. In this way the Domestic Governments set up unconstitutional
Indian Act Band Governments on unceded land and paid natives, as they do
today and historically has been done in any occupied country, to repress
the Traditional Element and therefore the truth about the Constitutional Law.
The Canadian Governments' and Courts' reliance on Domestic Law to the
exclusion of the Constitutional Law is one of the "great Frauds and
Abuses" that illustrates the wise and prophetic establishment of the
independent and impartial third party tribunal to resolve the boundary
disputes such as exist today. Under the Constitution, there is a Standing
Committee of the Privy Council which the Queen administratively is
required to staff to hear the jurisdictional dispute. Once the dispute
has been heard and ruled upon, the dignity of the Natives can be restored
and the hopelessness and despair which is causing distressingly high
mortality rates may abate. The Traditional governments will have their
place equal to the Crown at the Treaty table "if and when the Natives are
inclined to dispose" of their unceded territory. The mindless demolition
of the environment can cease. And Canada will indeed be a country
"founded on the Rule of Law."
Margaret Clark, September 11, 1995
------------------------------------
posted by S.I.S.I.S. Settlers In Support of Indigenous Sovereignty
PO Box 8673
Victoria, BC
Canada V8X 3S2
--------------------------------------
Date: Mon, 11 Sep 1995 16:00:15 -0700 (PDT)
From: SISIS
Subject: DAY 24 - SIEGE OF GUSTAFSEN LAKE SACRED SHUSWAP
SUNDANCE GROUNDS
DEFENDERS HONOUR STONEY POINTER DUDLEY GEORGE - MURDERED
BY CANADIAN COLONIALISM
Shuswap traditionalists began the 24th day of a steadily tightening
encirclement by an increasingly reinforced RCMP tactical assault force
supplemented by Canadian Forces personnel and "Bison" heavy armored
all-terrain vehicles (Bison hunting Indians?...)
On Sunday, Shuswap traditionalist Defenders reportedly complained that
access to wood and water was critical and requested "that the camp's
perimeter be extended to permit access. Police refused." (Vancouver Sun,
Sept 11)
RCMP have also refused to allow a mother inside the camp to provide
authorization for her little girl's temporary guardians, outside the
camp, to approve an appendectomy, which may be necessary should the
child's appendicitis worsen. According to Bill Lightbown, a Kootenai
elder, RCMP spokesman Sgt. Peter Montague refused to permit a note of
authorization to be carried out by a Shuswap delegation.
The current Shuswap mediation team is "part of a three year old community
policing policy for native communities...that's why the RCMP allowed
elders to enter the camp" said Sgt. Montague (Vancouver Province, Sept
11). An emerging strategy by non-native authorities to delegate surrender
negotiations to native mediators and thereby deflect criticism and
attention from the police and non-native authorities is transparent and
sinister. The native mediators are debriefed by the RCMP after all
discussions. And according to Shuswap Tribal Council spokesman Chief
Nathan Matthews, "we certainly have the capacity now with our delegation
and with the direct communication that we now have with the camp to
correspond with them both by radio and in person." Canadian Press, Sept
11, also reports that "RCMP are clearly buoyed by developments...and
praised the Shuswap for taking the lead in efforts to end the armed
standoff...we are very, very optimistic...that things are going to work
out well," said Montague.
BC's Indian Act Chiefs are meeting today in Merritt, BC in emergency
session to "consider ways to deal with rage in Indian communities, should
either [the Gustafsen Lake or the Ipperwash] standoff end in violence."
(Vancouver Sun, Sept 11)
Both groups of traditionalists have declared their resistance, support,
and solidarity - for each other. And increasingly across the country
native society is rising in protest and support.
Meanwhile, Canada's national newspaper the "Globe and Mail" in a Sept 9
editorial characterized both communities as "outlaw groups".
"To most natives these rebellious actions were not so much
brave as pathetic, the rebels to be shunned...there is no
question they have stepped beyond the law."
This is wishful thinking on the part of the Canadian establishment - who
realizes its illegal and genocidal colonialism is producing widespread
calls for investigation and redress - as a systematic strategy of
extinguishment and termination of indigenous sovereignty and jurisdiction
accelerates.
Indigenous jurisdiction and sovereignty threatens the globalization of
the Canadian economy under NAFTA, GATT, and the Canada-USA Free Trade
Agreement. Native jurisdiction directly imperils the dubious legality of
these trade treaties and the rapacious hegemony of powerful resource
extractors which dominate the Canadian state. Prime Minister Jean
Chretien's multiple corporate directorships have included the
Toronto-Dominion Bank, Fletcher Challenge's predecessor BC Forest
Products Ltd, and the powerful national law firm Lang-Mitchener, which
also rents space to prominent government-sponsored native organizations.
The only accuracy in the "Globe" article was that the standoffs are
gestures "of defiance against both Canadian authorities and native
authorities, against Indian Affairs Minister Ron Irwin and against
[government-sponsored federal Native leader] Mr. Mercredi himself. Mr.
Mercredi's credibility received a damning blow...suddenly impotent, the
grand chief is reduced to pleading to his people for patience."
On today's 8:30 am CBC Vancouver radio broadcast, BC Attorney General
Ujjal Dosanjh responded to Tribal Council Chief Nathan Matthews' "peace"
initiatives: "If...they're going to take away the AK-47s and other
illegal weapons and turn them over to the police, disarm these campers
and defuse the situation and ask them to surrender peacefully - that
would be extremely extremely welcome by all British Columbians."
At Ipperwash Beach, Ontario, the standoff between provincial police and
Chippewa traditionalists, the "Stoney Pointers" - defending traditional
homelands and burial sites - continues as they are joined by hundreds of
people from reserves across Canada and the USA for a traditional burial
of Dudley George, who was gunned down by police a few days ago. George
will be buried on land he died peacefully defending.
The Indian Act Band Council opposed the occupation. According to Canadian
Press (Sept 11), Chief Tom Bressette of the Kettle and Stoney Point Band
"is desperately trying to negotiate a peaceful end to the standoff and
forge a new allegiance with the protestors. But unless the rebels
acknowledge his authority, the talks won't resolve anything. No one
respects him says one Stoney Pointer Marcia Simon."
According to Dr. Bruce Clark, traditionalists and the inherent Tribal
governance structures have been subjected to outrageous and blatant
enmity, interference and judicial chicanery in the Canadian courts.
Although their arguments are legally impregnable, according to Clark "the
risk is real that the conspiracy will go unapprehended due to the fact
the criminals themselves, their colleagues and persons aligned in
interest control the administration of the legal process."
Clark, a constitutional and international law expert, acts for indigenous
traditionalists including a hereditary chief associated with the
Ipperwash area as well as Shuswap defenders at Gustafsen Lake. An attempt
to mount a "constitutional challenge" in the Supreme Court of Canada in
Ottawa on Tuesday morning will likely involve more stonewalling and
attempts to pre-empt addressing the settled and binding constitutional
and international law precedents that protect indigenous jurisdiction.
The Gustafsen Defenders are calling for an independent, impartial,
international forum to deal with Canada's "fraud, treason and genocide".
As Canadian head of state, Queen Elizabeth II is under a constitutional
law obligation to constitute such a court, but is thus far acting only
"upon the advice of her Canadian ministers" according to Buckingham
Palace spokespersons (CBC radio).
Canadian colonialism is in crisis - more state murders masquerading as
law enforcement will likely occur if Canada's attempts to cull
traditionalists, and impose and fund neo-colonial puppet native
governments, go unchecked by the international community. Urgent
international action and support is growing and must continue. To be
silent is to be an accomplice to Canadian genocide. ACT NOW!
URGENT ACTION NEEDED!
Your urgent protests:
Sample letter follows addresses.
PLEASE NOTE: We have been advised that the Prime Minister
and Governor General are stopping all fax receipt on this issue
after receiving the cover sheet. So if possible do not include a
cover sheet with your fax, or if necessary write all comments
on a cover sheet only.
Prime Minister Jean Chretien
Parliament Buildings
Ottawa, Canada
Phone: (613) 992-4211
Fax: (613) 941-6900
The Honorable Allan Rock, Minister of Justice
Parliament Buildings
Ottawa, Canada
Phone: (613) 947-5000
Parliament Office Fax: (613) 990-7225
Main Office Fax: (613) 947-4276
Riding Fax: (416) 231-2082
Governor General of Canada
His Excellency the Right Honorable Romeo Le Blanc
Rideau Hall
1 Sussex Drive
Ottawa, Ontario
K1A 0A1 Canada
Phone: (613) 993-9530
Fax: (613) 990-7636
RCMP Public Complaints Commission Phone: 1-800-665-6878
Apparently this line is not accessible outside B.C.
Government of British Columbia - 1-800-663-7867 and ask for:
B.C. Premier Mike Harcourt who, briefed by the police, called
the Sundancers terrorists. email: Premier
cmerkley@galaxy.gov.bc.ca (they shut it down, ask them why)
phone 604-387-1715, fax 604-387-0087
B.C. Attorney General, Ujjal Dosanjh, who denies that this is
about Sovereignty, land and culture, not law and order. email:
Attorney General nlane@galaxy.gov.bc.ca phone 604-387-
1866, fax 604-387-6411
B.C. Minister of Aboriginal Affairs, John Cashore (still in
hiding), who should have immediately spoken out in support all
First Nations People, calling for a peaceful resolution of the
conflict. email: Aboriginal Affairs
jcaulfield@galaxy.gov.bc.ca
----------sample letter---------
To: Mike Harcourt, Ujjal Dosanjh, John Cashore,
RCMP Sgt. Peter Montague
From: (name of organization)
WE HOLD YOU RESPONSIBLE FOR DEFENDERS OF THE SHUSWAP NATION
I am writing you to demand that you do everything in your
power to ensure a just and peaceful resolution to the current
confrontation at Gustafsen Lake. Contrary to the inflammatory
images of "terrorists", "thugs", and "lunatics" conjured up by
provincial officials, the RCMP, and corporate media, the
Defenders there are acting in legitimate defence of sacred, and
unceded, Shuswap territory. They took up weapons, and
requested assistance from other sovereigntists, only when
threatened by armed groups of local whites allied with
ranching interests who spoke openly of "lynching red niggers".
The campaign of disinformation conducted by the provincial
government, RCMP, and media can only be seen as a despicable
attempt to prepare public opinion for a massacre.
We demand that in order to foreclose the possibility of a
violent solution to the present standoff, you see to it that the
following steps are taken immediately:
1) Withdraw all RCMP personnel from the immediate vicinity of
the encampment, and guarantee that there will be no RCMP
attack on the Defenders.
2) Restore the Defenders' communications links so they have
unrestricted access to people outside the camp.
3) Guarantee the Defenders free access to their lawyer, Bruce
Clark.
4) Permit delivery of supplies as needed.
5) Agree to meet with the Defenders to discuss their demands.
Supporters of the Defenders of the Shuswap Nation are
watching your actions from across Canada, the U.S. and Europe.
We hold you accountable.
Sincerely,
(name/organization)
[Thanks to Michael D. Smith, from Men Against Oppression (604-
872-4096), for text of this letter.]
Solidarity, support, and inquiries to:
Dr. Bruce Clark: (613) 741-7065; fax (613) 741-7077
Splitting The Sky: (403) 865-1784
VIDEO NOW AVAILABLE!
A 50-minute video with extensive coverage from inside the
camp has been released. "Defenders of the Land: The Truth
Behind the Stand at Gustafsen Lake" has just been released. The
film is an excellent source of information for people who are
looking for more information about the current crisis, or on
native sovereignty in general.
Copies are available from Roz in Vancouver, BC.
Phone: (604) 254-4459
Fax: (604) 873-4801
posted by
S.I.S.I.S. Settlers In Support of Indigenous Sovereignty
PO Box 8673
Victoria, BC
Canada V8X 3S2
uc389@freenet.victoria.bc.ca
-----------------------------
Date: Tue, 12 Sep 1995 01:10:30 -0700 (PDT)
From: Ernie Yacub
September 11, 1995 - 11pm pst
Three people shot by RCMP at Gustafsen Lake
According to an RCMP news conference held at 6:30pm pst, there was a
firefight between RCMP and occupants of a red truck on the road close to
the Sundance Defenders camp. The police said "thousands of rounds" were
fired. However, a delegation of Shuswap natives, who turned back from
their appointed meeting with the defenders when they heard the shots,
reported hearing only 40 or 50.
Unfortunately, the only reports we have are from the media who get their
information from the police. The police are saying that a red truck was
disabled (probably a land mine or some such device) on the road just
outside the camp. Several people fled the truck and were pursued by the
cops, who stopped when they were shot at. They returned fire, wounding
three, so they say. The police say that one of the casualties, a woman,
was seriously hurt. They offered, by radio phone, to come into the camp
to bring the wounded people out and were told to piss off (my words).
Sergeant Montague of the RCMP then proceeded to tell the media that one
of the wounded men is an "American with a criminal record" and that there
were several in the camp who were manipulating the situation. None of
the people who have been in the camp, as participants, visitors, or
delegations, have said anything to corroborate the police analysis.
Indeed, Assembly of First Nations Chief Ovide Mercredi was very clear in
his statements that the people in the camp were not criminals and
deserved a hearing.
The police are blaming the Shuswap Defenders for preventing a negotiated
settlement. It is curious that almost every time a delegation appears to
be making progress in that regard, a shooting incident takes place. Why
are the police close enough to the camp to encounter and exchange shots
with the defenders? Why do police helicopters insist on being close
enough to be shot at? Why don't they back off and let the elders and the
leaders of the Shuswap nation continue their talks?
Contrary to police and government statements that they are attempting to
reach a peaceful settlement, it is they who have pushed, harassed, and
terrified the defenders. After all, the police are extremely well armed,
complete with Bison armoured vehicles, and very mobile. The defenders
are few in number and are trapped within the closing ring of police
armaments.
The people in the red truck were probably going for water.
The following new bulletins are available at our web site at:
http://www.islandnet.com/~jwight/enviro/Sundancefrm.html.
Day 24 Gustafsen Lake Siege - Bison hunting indians? access to wood and
water cut off; police refuse to help mother arrange appendectomy for her
daughter who is in the camp; Shuswap mediation team efforts; Globe and
Mail biased reporting; hundreds pay tribute to Dudley George, shot by
Ontario Provincial Police; counsel for the defenders, Bruce Clark, in
Supreme Court on tuesday; call for an independent, impartial,
international forum.
Five Nations Iroquois Confederacy letter to Canadian PM, Jean Chretien.
Bruce Clark letter to the Carter Center asking for their intervention
to broker a solution.
Forest Action Network and Nuxalk Hereditary Chiefs join forces to stop
clearcut logging of ancient forest at Fog Creek on the west coast of
British Columbia.
If you are not able to access the information, please email us with the
following subject line - put me on your list.
----------------------------
Date: Tue, 12 Sep 1995 03:28:27 -0700 (PDT)
From: Ernie Yacub
Subject: 5 nations letter to chretien
September 8, 1995
Jean Chretien
Prime Minister
Greetings in Peace and Friendship
In regards to the most recent defensive action taken by the true people
of this land against your govenments aggressive genocidal policies; We
the people who have reclaimed "Odawa" (Victoria Island, Ontario) express
our outrage at your "third world tactics" against the original people of
this land, and express our solidarity with our brothers and sisters at
Stony Point, Ontario, who have the belief in the ideal of standing up
against the tyranny of a destructive and murderous government such as yours.
Since the Canadian Government, its people and its laws are still not yet
independent of the British Crown; the Queen of England remains your
Sovereign, therefore (as the so-called 'Canada Act of 1982' recognizes
and re-enforces) the Royal Proclamation of 1763 expressly states that
"the Indians and their Territories shall remain unmolested."
Therefore, the lands which our brothers and sisters are currently
protecting from the terrorist actions of your governments armed forces,
(who are in the guise of police officers), are lands that are completely
within titleship of the Native Peoples. Thus, according to your own
laws, those lands are to remain unmolested by any subject of the British
Crown, be they a private citizen, government representative or armed forces.
Consequently, the defensive action taken by our brothers and sisters at
Stony Point, Ontario, in defense of our Treaty rights as recognized and
affirmed by your own charter of rights and freedoms, (which you are
supposed to abide by), they are completely within their legal rights to
do so. Therefore, it is those, within your government and the armed
forces who have become the rebels and renegades, who are not only
endangering the lives of those who are immediately involved on either
side of the issue, but are also threatening the peace of countless others
where issues such as this will inevitably arise due to the misconduct in
this fiasco.
We advise that you seek out the appropriate Traditional Chiefs, in
accordance with the Two Row Wampum Treaty, in order to peacefully rectify
this and other similar issues that will arise in the very near future,
with the approaching political climate, no one can sustain another
situation such as Kanasatake, Kahnawake or Gustafsen Lake.
In Peace and Friendship
fax copy signed by:
Secretary, Stuart Mynow
Mohawk Traditional Council
Box 531, Kahnawake
Mohawk Territory
JOL 1BO
Bottom of Page File-------------------------------------- Date: Mon, 11 Sep 1995 16:00:15 -0700 (PDT) From: SISIS