Gustafsen 9

Gustafsen Lake Standoff-Archive (Sept. 17-19)
Background Documents #9
NEWS BITS


TABLE OF CONTENTS, 9

Seige Ends, RCMP Press Conference Monday, September 18 at 02:50 AM:
Jim Wight from posted by wrote:
"(7:00pm Sunday, September 17)

Subject: Gustafsen Lake Seige Ends

From: CBC newsworld broadcast (7pm BC time) the beginnings of a RCMP press conference concerning the end to the Gustafsen Lake siege. Twelve occupants have been evacuated and placed in police custody. This happened after the visit of the sundancers' spiritual leader, John Stevens and Marlowe Sam entered the camp along with others neededfor a peace ceremony. The occupants were evacuated by car in groups of three or four, then `processed' by the RCMP and taken to further checkpoint, where they wereflown by police helicopter to the 100 Mile House airport. Some are beingheld in jail at 100 Mile House, and some were transferred to Williams Lake.Marlowe Sam has remained in the campsite. He is guarding the sacred site ofthe Sundance. This will later be shared between two others.The police are in the campsite conducting their investigations. "


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Tuesday, September 19 at 01:22 AM:
18 Sept/95 DEFENDING AGAINST "THE BIG LIE by Margaret Clark In any situation where the highest levels of power are engaged in "Fraud", "Treason", and "Genocide" as defined by the constitution, one must seek the "Big Lie". In this particular instance the Big Lie promoted by the Attorney General, the police and the courts is that there is one law which aapplies comprehensively across Canada. But, under the Canadian Constitution there are two laws: one applicable to existing aboriginal rights on unceeded (Prior to Treaty) Indian Territory; one appplicable on ceded territory. Everything is being done in a frantic attempt to defame the validity of the traditional natives claims under the Constitution, all in aid of the Big Lie. The press release from the police convention is an example: it claims that militant natives are trying to exert political pressure to change the law, when in truth they are defenders of both the native Great Law and non-native ConstitutionalLaw. They desperately are trying to have the Constitutional Law addressed by an impartial, independent, third party tribunal. The demonization of the defenders against the said "Fraud", "Treason", and "Genocide" as "terrorists and thugs" is but another instance of trying to deny them and their legal argument any credibility. Their lawyer, Dr. Bruce Clark, is in jail for trying to apprise the Court of the Constitutional law that supports his clients' position. Instead of meeting his law with law of equal weight that precludes his clients' position, the judge refused to look at the law. Earlier that day, Dr. Clark was refused access to his clients who were already in jail when he sought to see them. As a lawyer, his responsibility was to prepare for trial or to brief other counsel if they had voluntarily elected to change counsel. During court the judge committed judicial perjury when he stated that all of Dr. Clark's clients had elected other counsel when, on the face of the court list to which the judge was referring, Brent "Shadow" Potulicki had no counsel and in fact had demanded to see Dr. Clark. Today, denial of counsel continues. Some or all of his clients are in another section of the same jail and he can hear them calling out that they want to talk to Bruce Clark, their lawyer. Both his demands to see his clients, and their repeated demands to see their lawyer are denied. The denial of counsel is strategically significant because although natives may be willing to die defending their rights, imprisonment is worse than death, particularly for the native who has a deep attachment to his land. Historically, imprisonment or the threat of imprisonment has been a sucessful tool in the fight to extinguish traditional resistance in the on-going genocide of the traditional native people. In an attempt to break his resolve to occupy the position that is right in law, Dr. Clark is being subjected to sleep deprivation, an acknowledged form of torture, by the scanner placed outside of his cell blaring at proscribed intervals throught the night. The old legal adage seems to be in effect: if you can't meet the law, use the facts; but if you can't meet the law or the facts, shoot the messenger! But truth and the Constitutional Law are on our side and in a country "based on the Rule of Law" surely the powers that be eventually will have the honour and dignity to come out from behind the lesser domestic law and face the legal issue of juridical jurisdiction on unceded territory before the independent and impartial third-party constitutional court as required by our Constitution. The latest outrage is the committal of Counsel Dr. Clark to a 14 day compulsory psychiatric evaluation. He is being held in Riverview Mental Hospital Margaret Clark 18 Sept/95



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Friday, September 22 at 12:08 AM:
posted by Jim Wight from :
INTERNATIONAL INDIAN TREATY COUNCIL INFORMATION OFFICE 54 MINT STREET #400 SAN FRANCISCO, CA 94103 TELEPHONE: (415) 512-1501 FAX: (415) 512-1507 E-MAIL: PEACE NET: IITC September 7, 1995 Premier of Canada Jean Chretien fax: (613)941-6900 The International Indian Treaty Council (IITC) has been recognized since 1977, as a category II Non-Governmental Organization (NGO) with consultative status by the United Nations. In this capacity, the IITC is concerned with the observance of the human rights and fundamental freedoms of Indigenous Peoples throughout the Americas and Pacific Islands, including Canada. We are informed by the En'owkin Centre and other Indigenous groups, of a confrontation at Gustafsen Lake, British Columbia, between an unarmed Shuswap elder attempting to keep cattle from defecating on Sacred Traditional Shuswap Lands and fifteen armed cowboys sent to forcibly remove him. The situation has now dangerously escalated to a confrontation between group of Indigenous men intent on protecting their Sacred Lands and both the provincial and federal governments. The initial injection of governmental force, heavily armed police swat teams, has now escalated to a siege of federal Royal Canadian Mounted Police (RCMP) in armored personnel carriers. The sound of shots was reported at the site on September 6 and 7, 1995. All communication with the besieged Indigenous People has been cut off by the RCMP. We are further informed by the Indigenous Environmental Network and the Mohawk National News Service that on Wednesday, September 6, 1995, at about 9:30 pm, the Ontario Provincial Police (OPP) opened fire on a group of unarmed Pottawatimi and Ojibway men, women and children attempting to defend Sacred Burial Grounds located in Ipperwash Provincial Park, Ontario. The OPP killed two people, Nicholas Cotrell, a 15 year old boy, shot in the back with a 223 round, and Dudley George, shot twice in the chest. These governmental actions, by their coincidence, disproportionate force and unwarranted level of violence, can only be interpreted as concerted and intentional. The IITC is profoundly concerned about these Canadian provincial and federal governments' armed and escalating sieges and attacks on Indigenous Peoples in Canada. We are aware of the legitimate legal basis of Indigenous Peoples' claims to self-determination over their traditional lands in Canada, as well as the Canadian government's refusal to live up to its Constitutional and legal, as well as moral responsibility to fairly address these claims. The Canadian government must be aware that recent history demonstrates that it is not the recognition of the right to self-determination that has led to violence; it is the denial of that basic right of Peoples that has produced that lamentable result. Even if the Canadian government chooses to ignore those documents upon which it bases its own legitimacy as a state, such as its own treaties and treaties to which it is successor, the Royal Proclamation of 1763 as well as its own Constitution Act of 1982, Canada has entered into internationally binding commitments to the United Nations and to other governments, in multi-lateral treaties and agreements that it cannot ignore if it is to maintain the image of a democratic or civilized state. The International Bill of Human Rights comprised of the Universal Declaration of Human Rights, the International Covenant on Economic Social and Cultural Rights (ICESC) and the International Covenant on Civil and Political Rights (ICCPR) includes the right to Self Determination (Common Article 1, ICESC and ICCPR); the right to Life (Universal Declaration, Art.3); and, the Right to Thought, Conscience and Religion (Universal Declaration Art. 18, and ICCPR Art. 27). Whether or not the government of Canada chooses to respect and observe Indigenous Peoples' human rights and fundamental freedoms as Peoples, the Human Rights Committee has found that Canada is bound to observe the right of Indigenous Peoples as individuals, "..in community with other members of their group, to enjoy their own culture, to profess and practice their own religion, [and] to use their own language." Lubicon Lake Band of Canada, Case No. 167/1984. The IITC would further remind the Canadian government that the definition of Genocide in the Convention on the Prevention and Punishment of the Crime of Genocide, to which Canada is a party, includes: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; and (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction. Art. II. We remind the Canadian government that in December, 1994, the United Nations declared the Decade of Indigenous Peoples, its goal being "to strengthen international cooperation for the solution of problems faced by indigenous people." General Assembly Resolution 49/214. We also remind the government of Canada of the Preamble to the Universal Declaration, stating that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. We urge the government of Canada to immediately de-escalate its armed actions against the Indigenous Peoples in Gustafsen Lake, British Columbia and Ipperwash Provincial Park, Ontario, and to initiate a process of peaceful and mutually respectful dialogue with the Indigenous Peoples concerned, to address in a serious and meaningful manner the multitude of problems that have given rise to these dangerous and tragic situations. Because of the seriousness of these concerns, we must require your immediate response addressing these critical matters. Alberto Saldamando General Counsel, IITC cc: Assistant Secretary General Julian Berger, Indigenous for Human Rights, UN Affairs, Centre for Human M. Ibrahima Fall Rights, Geneva fax: (41)22-917-0123 Fax:(41)22-917-0123 (With cover letter requesting an immediate inquiry) M. Andre Ouelette, Ambassador to the United Foreign Minister of Canada States Raymond Chretien fax: (613)996-8924 fax: (202)682-7678 Governor General of Canada Aboriginal Affairs Minister M. Romeo LeBlanc of Canada, M. Cashore fax: (604)941-7536 fax: (604)356-1124 B.C. Premier Michael Harcourt Ontario Premier Mike Harris fax: (604)387-0087 fax: (416)325-3745


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  • Some Support Emails

    AISES page link. Thursday, September 21 at 08:48 AM:
    Borries Demeler from wrote:
    " I provided a link to your site on the AISESnet WWW page (American Indian Science and Engineering Society). Hope that's O.K. Please keep me updated on future additions to your site, I find it very informative Thanks, -Borries Demeler"

    Monday, September 18 at 02:39 AM:
    R. Leland Lehrman from wrote:
    " Keep me posted all the time, check http://id.wing.net/~gate/vitalinx.html, my links to the world"

    Sunday, September 17 at 05:59 AM:
    Lesia Dubeckyj from wrote:
    " This is a long one one so bear with me. I have always supported and defended natives actions. Several days ago I watched a programme on earth's exploration of other planets in search of future settlements. The inhospitable climates of various planets were amazing to see. Unbearable heat, cold, vicious storms were such that we on earth have never witnessed. At the end of the programme, they closed with a beautiful setting sun over a calm ocean. The colours of the sky were glorious. This scene was in great contrast to the other planets that were shown. I was affected profoundly by this image. We occupy the most beautiful planet in our solar system and look what we have done to it. Every issue that the natives are peacefully fighting for are n t selfishly motivated. You are the caretakers of this great planet and I hope you will continue in your quest. I am embarassed at Oka because you had to defend your sacred ground against the desire to build a golf course! I am white. I admire your traditions, customs and strength. You are the only people left who as a group can speak for the earth. Please continue to maintain your ground as I feel that your voices are beginning to be heard. If only you can get some positive and unbiased press coveage, your messages could come across more clearly. My thoughts are with you all and may you all be safe Lesia Dubeckyj"

    Friday, September 15 at 10:38 PM:
    Martin Dunn from wrote:
    " Just checking in. Really glad to see a site like this is available."

    Friday, September 15 at 08:56 PM:
    DAVID BULLOCK from wrote:
    "Thanks for your good work here. Today I opened a page at URL http://www.teleport.com/~dbullock/ewr.shtml dedicated to supporting direct actions relevent to issues raised here and in Cascadia as a whole.. Warmly, David"

    Friday, September 15 at 06:19 PM:
    Linda Clements from wrote:
    "Thank you thank you thank you for your work! Please send me any updates. I am sharing whatever I get with folks in my community (there are six of us) and we are passing this on to our friends in Portland OR. I have also been incontact with Jimmy at media island to get info and try to get NPR to get this on the air. Will keep working at it till they do. Best wishes for strength and justice in these troubled times."

    Thursday, September 14 at 01:09 AM:
    Russell Imrie from wrote:
    "I am a Kahnawake Mohawk - live in Cal and work with Costanoan people here who have no settlement either for California! I will add a link to my
    pages. Russ Imrie"

    Thursday, September 21 at 08:57 AM:
    Lloyd Resnicoff from wrote:
    Thank you for keeping the CONCERNED PUBLIC informed. It is both a SHAME AND CRIME what is being done by the Canadian Govt."


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    Friday, September 22 at 10:11 AM:
    SUPPORT GROUP FORMED
    Gwethalyn Gauvreau from wrote:
    We have formed a sovereignty support group here in Vancouver - native and non-native. We are working with the people at Gustafsen and others. I wanted to post the press release announcing the group but I am not sure how to do it - please let me know. We are focusing on monitoring how Bruce and Wolverine are treated and trying to get more legal help as well as supporting the jurisdiction argument. G. The Release follows: ABORIGINAL SOVEREIGNTY SUPPORT COMMITTEE FORMED - Sept. 15, 1995 Vancouver, B.C. - Native and non-native activists in Vancouver today formed the Aboriginal Sovereignty Support Committee (ASSC) at a meeting held at the Britannia Community Centre. The group plans to educate the public about the long standing historical injustice against traditional native nation governments. What is behind the Gustafsen Lake standoff and other confrontations across Canada is a long standing historical injustice which is related to the European invasion of North America and agreements made by European governmentswith native governments along the way - the legal logic of which is: if the British government (sometimes referred by native people as "the British Crown") entered into binding agreement with, or passed laws which directly affected,or set upa legal precedent involving native governments; these legal instruments are still in effect. If Canada's legal system and law originated from British Law, why and at what point did Canada stop following and upholding British Law? At particular issue is the Royal Proclamation of 1763. Further complicating the issue is the Canadian Indian Act which set up "band councils" in native nations paid for by the Canadian Government. When traditional native governments resisted they were ignored, arrested and assets seized, and in some situations hanged and otherwise killed (please contact us for specific examples). If any money is channelled to native people it is only channelled through the Canadian government setup native band councils or native tribal councils. When jurisdiction and land claim talks are entered into by Canadian federal or provincial goverments with native people it is only through the native band councils or native tribal councils set up by the Canadian government, in effect with native persons on the Canadian governments's payroll. Some traditional native governments have miraculously withstood this and are beginning to re-assert their authority. So we ask: is there controversy and struggle within native nations? And who is perpetuating this and who is ultimately responsible? TEMPORARY CONTACT: HARRIET NAHANEE (604) 985-5817
  • Secondary archivist's NOTE: This info dates from 9/18/95, and is probably obsolete now, 2/2/96




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