Background Documents #13
Gustafsen Lake Standoff-Archive (Oct. 25-now)
Gustafsen Support Information
Who Owns Canada? Oct. 30/95 Court continues use of Intimidation tactics Nov. 11/95 TS'PETEN DEFENDERS BEGIN PREPARATIONS FOR TRIAL Jan. 16/96
WHO OWNS CANADA? As the 'yes' forces gather momentum in Quebec, the likelihood of the breakup of the Canadian Federation seems increasingly likely. In response both the Mohawk and Cree peoples have reiterated their own sovereign status. Friday, October 20, 1995 the Canadian Broadcasting Corporation reported that a gathering of Cree and their leadership in Northern Quebec have stated a clear rejection of a separated Quebec that includes Cree territory. A prominent figure in Cree political life Billy Diamond said he'd never seen the Cree Nation so united around the issue of their own sovereignty. Meanwhile in British Columbia, John Watson Regional Director General of the Federal Department of Indian Affairs disputes the Provincial Aboriginal Affairs Minister John Cashore calculation of 10 billion dollars over 20 years to settle land claims. According to Watson "the 10 billion is more than double our original estimate of the total cost". (Victoria Times-Colonist, Oct. 20, 1995). The British Columbia Treaty Commission is headed by a chief commissioner who comes to the position from a directorship of Daishowa Forest Products Ltd. It is also predicated on the devaluation of existing aboriginal rights. The Nisga'a land claim is likely to see less than 12% of their traditional territory returned. They have been 20 years in negotiations. Nisga'a Tribal Council spokespeople are already announcing any impending agreement will involve giving up most of their traditional territory in exchange for "other benefits". British Columbia NDP Attorney General Ujjal Dosanjh who led the attack upon Shuswap traditionalists asserting their unextinguished sovereignty at Gustafsen Lake (Ts'peten) and categorically rejected any international involvement of BC's treatment of indigenous nations has been tainted by the ever growing Bingo-gate scandal involving the NDP's misuse of charity funds and laundering of corporate contributions. The Vancouver Province's editorial board is taking aim at AG Dosanjh, who told reporters that when he was an NDP party official he avoided taking a role in any party involvement with the bingo charity society. "Sounds like he had suspicions that something was not quite right. If so closing his eyes was the height of irresponsibility. " (quoted in Globe and Mail, Oct. 20, 1995). Mr. Dosanhj and his government have demonstrated the urgency of independent international involvement in the fiasco of BC's native affairs. On Nov. 10, 1995 the Shuswap Sundance Defenders (Ts'peten Defenders) will be in court without their counsel Dr. Bruce Clark who was hounded into exile in the Netherlands by a vindictive provincial judiciary. It is hoped that international attention from respected human rights figures and jurists may prevent the Canadian system from its intent to conduct a Kangaroo court proceedings ultimately leading to a harsh, punitive "example" being made of the 20 men, women, elders and youth who courageously stood up against the appalling invasion and desecration of sacred homelands by a corrupt colonialist Canada that arrogantly continues to defy the world community's minimum standards of acceptable behaviour. Posted by ASSC for SETTLERS IN SUPPORT OF INDIGENOUS SOVEREIGNTY I.G. Gauvreau gauvreau@unixg.ubc.ca
Ts' peten Defenders Contact: Splitting the Sky (403) 865-1784 NOVEMBER 11, 1995 COURT CONTINUES USE OF INTIMIDATION TACTICS WHEN TS'PETEN DEFENDERS QUESTION JURISDICTION 100 MILE HOUSE, B.C. - After waiting two hours for Judge Barnette, the hearing of the pleas finally began for the Ts'peten Defenders. The small courtroom full of supporters, having already passed through the arms detector at the door with were under the strict supervision of seven armed sheriffs. William Ignace immediately brought up the main issue for the Defenders, the question of jurisdiction. Simply put, if Canada has no jurisdiction over the land and aboriginal people in question, then arresting and incarcerating the Defenders is an act that places the court in complicity with the genocide agenda that has driven Canadian colonialist policy towards the aboriginal peoples for the past 150 years. Since Canada's jurisdiction over land never ceded by the aboriginals is questionable according to Canadian law, the Judicial system has always felt extremely threatened by having the jurisdiction question brought up in court. During William Ignace's speech (which an observer termed excellent) Judge Barnette frequently interrupted by pointing out that these were not matters to be dealt with today. When asked about the publication ban, Judge Barnette stated that there was no publication ban on this hearing. "We are here to set a date for a preliminary hearing." he says. Although the usual procedure is to set the date at the earliest time available, the Crown is stalling for a later date as there may be more charges and not all the particulars are there. Judge Barnette was critical of the time the Crown was taking and said "...one must not get the impression that this matter is considered as something less than urgent." William Ignace protested that not only was there no jurisdiction but serious doubt that charges like attempted murder can be proven and asked once again for Dr. Bruce Clark to represent him. Judge Barnette made it clear that the most involvement the Courts will allow Dr. Clark is a seat in the audience. As William Ignace (aka Wolverine) continued to try to get across the idea that an international tribunal is the only way to guarantee an unbiased investigation and verdict, the Judges lost patience especially when Mr. Ignace makes a comment about Attorney General Dosanjj being a "diaper head". This statement seems to have suddenly made the Judge aware of the dangers of racism and he ordered the father and son removed from the courtroom. When JoJo attempted to help his father, he was knocked to the ground and beaten. The supporters in the audience rose to their feet and one of the armed sheriffs responded by drawing his gun. Lawyer Robin Smith asked someone to call 911 and that the father and son receive immediate medical attention. Despite bleeding cuts to JoJo's head and internal pain no medical care was provided. "I am ashamed to be a Canadian citizen" said one of the non-native women outside. When court re-convened in the afternoon, William and his son JoJo appeared in handcuffs. The date for the preliminary hearing was set for March 13 and William tried one more time to address jurisdiction - "Your domestic law doesn't apply here". At least ten of the defendants ask for Dr. Bruce Clark as their lawyer even after the Judge tells them that Dr. Clark will be no one's lawyer. Since "nobody has a lawyer", Judge Barnette then suggested that the Crown send all the material to each of the defendants. Outside, the Great Spirit slowly covered the entire misery of the area with ten inches of clean snow. -30- I.G. Gauvreau gauvreau@unixg.ubc.ca _______________________
Ts' peten Defenders Contact: Splitting the Sky (403) 865-1784 January 16, 1996 TS'PETEN DEFENDERS BEGIN PREPARATIONS FOR TRIAL Four months after the last 12 Defenders of Ts'peten (Gustafsen Lake) left their camp, the Crown counsel has finally released some of the disclosures regarding its case against 20 of the Defenders. Many of the reports and statements made in the disclosures are innuendo, conjecture, guilt by association and/or outright lies. For example, one shooting incident in Lac La Hache specifies that "there are no suspects in this incident", but then adds, without further explanation, that "investigators believe that the shooting is related to the Gustafsen Lake incident". Most of the Crown's case against Wolverine and his son Joseph (JoJo) is based upon statements they allegedly made during their interrogations. Although JoJo is being charged with attempted murder for allegedly firing a shot past one of the five ERT members executing a "covert probe in the area known as the Gustafsen Lake encampment" on August 18, 1995, the disclosures reveal that "none of the team members were able to identify the lone male suspect" and that a search of the area completed on September 22, 1995 reported that "no evidence was found at this site". Since Bruce Clark remains in exile in New York, Wolverine and Percy Rosette have agreed to no longer retain Dr. Clark's services and instead, have agreed to assemble a legal "team" to work on the Defenders' case. This team currently consists of Don Campbell from Kamloops (retained by Wolverine) and Robin Smith from Williams Lake, with the expected participation of both Owen Young (the lawyer for the Oka defendants) and Lyn Crompton (arguing the jurisdiction question). It is also hoped that Ramsey Clark (former U.S. Attorney General) and other international lawyers and jurists will attend the trial as observers to ensure that the Defenders receive the fair trial that they are entitled to. Crown Counsel has decided to bypass the preliminary hearing and instead will set the trial date on Friday, February 9th, 1996 in New Westminster for all Defenders. It is anticipated that the Crown will also seek to hold the trial in New Westminster. Meanwhile, Wolverine and JoJo will have another bail hearing in Kamloops on Friday, January 19th, 1996. Despite RCMP promises that the Defenders would be treated fairly and with dignity and respect, there have been numerous human rights violations against the Defenders of Ts'peten. The disclosures make it very clear that all interrogations of the "prisoners of war" took place without the presence of counsel. Percy Rosette asked for, and was denied, an interpreter, even though English is not his first language. Some of the prisoners had their clothes taken from them and were forced to wear white paper cloth jumpsuits while in prison and for their bail hearings in court. Wolverine has repeatedly asked for, and been denied, the opportunity to hold spiritual ceremonies, including sweats, for himself and other native prisoners being held in Kamloops Regional Correction Centre. All of these human rights violations and many others against the Ts'peten prisoners of war are being documented by the International Indian Treaty Council and other international human rights organizations. Psychological warfare and propaganda tactics used by the RCMP are also being investigated by the Defenders. Aside from the obvious demonization campaign to label the Defenders "terrorists", "cultists" and "ideologues", the disclosures detail events which, when compared to the "official" version released to the media, reveals that the RCMP used misinformation to justify their actions and to further criminalize the Defenders. One incident takes up almost four pages in the disclosures and details an "alleged" shooting incident on Monday, September 4, 1995 that was used as the justification to deploy four Armored Personnel Carriers towards Gustafsen Lake the very next day, on Tuesday, September 5, 1995. The disclosures report that three police Suburbans with members of the Victoria Emergency Response Team were leaving their positions at 7:50 p.m. The occupants of the second Suburban heard a popping sound. The Constable seated in the front passenger side "noticed the mirror on that side collapse forward towards the truck. At first he thought the mirror had hit a tree, but soon realized they were under fire." "At that point, the members felt they were being fired upon and returned random fire." Again, "no one saw any suspects" and on September 16, 1995, Kamloops Forensic Identification Section inspected the exterior of the Suburban for any bullet strikes and "none were found". The Suburban's mirror was later examined and as a result "investigators were lead to believe that the mirror was, in fact, struck by a foreign object such as a tree branch and not a bullet. With the lack of physical or other evidence, this investigation was concluded on this date." (italics ours) Compare this version of events in the disclosures with that of the version released to the media. For example, the Vancouver Sun of Tuesday, September 5, 1995, under the headline of: "Gunfight erupts between RCMP, natives" opened the article with the statement that "a short gunfight erupted Monday night between RCMP officers and native Indians occupying an armed encampment near Gustafsen Lake". The RCMP then corrected their earlier version of events, further perpetuating the misinformation to the media by making it appear that the officers took a "defensive" position throughout this incident. The next day's Vancouver Sun article of Wednesday, September 6, 1995 was headlined: "RCMP ignored chances to return fire, officer says" and opened with this paragraph: "Four RCMP officers who came under fire from armed native Indians later ignored opportunities to shoot their attackers, an RCMP official said Tuesday". The article then reports the RCMP's claim that "the officers later pulled back and took up "defensive positions" a few kilometres away." But during the night they were "actively pursued by persons from the armed camp and only great restraint on the part of the officers prevented what could have been a very serious incident." This "pursuit" is not mentioned in the disclosures because it never happened, except as a news story to justify the deployment of the APC's for the "protection" of the RCMP officers. These disclosures reveal to what extent the public was manipulated by the RCMP during the standoff and to what degree the state is prepared to lie in order to convict the Defenders. Although the standoff is over, the battle to get the truth out continues, including the fact that the land the Defenders made their stand on is UNCEDED SHUSWAP LAND. It was never sold by the hereditary Shuswap people and therefore, the police and military had no jurisdiction to bring their weapons onto that land in the first place. For more information contact Splitting the Sky 9403) 865-1784 -30-