Imprisoned Native Rights lawyer Dr. Bruce Clark continued his testimony Monday in Surrey. He was called as an "expert witness" by the Shuswap elder Wolverine (William Jones Ignace) after BC prevented the lawyer from appearing as counsel of choice, jailing him on trumped up charges of contempt of court.
Dr. Clark has an appeal himself today in the BC Court of Appeal; he has already been advised the court will not entertain his jurisdictional points of law.
Dr. Clark began Monday's testimony at the Ts'peten trial by summarizing the source principles of Natural Law: (1) third party adjudication, (2) justice as applied truth, (3) law as applied respect, and (4) liberty as these first three principles functioning.
These principles, Clark explained, are anterior and superior to all others in the law's hierarchy: "order, otherwise, is tyranny."
Clark then summarized the positive law sources that are the legislative confirmation of those Natural Law Principles:
Dr. Clark then clearly and integrally evidenced the conspiracy to suppress these points of law, respectfully raised by himself and his clients. "Essentially, what you have [in this case] is the rule of law on trial," he said. Clark intends to evidence this further in testimony to come.
Clark was also asked by William Jones Ignace to elaborate on the particularly relevant sections of the 1867 British North America Act:
The significance of Section 109 Article 10, Clark noted, is that "BC is on the same footing as all other provinces." In other words, contrary to the view held by a BC judge in an infamous 1991 land claims decision, the Royal Proclamation of 1763, as affirmed in the Constitution, does apply to BC. "THESE LAWS HAVE NEVER BEEN REPEALED."
Clark also addressed the various anti-Indian Acts:
Dr. Clark finished his testimony Monday by referring to Canada's conscious historical program of assimilation and genocide of the aboriginal peoples. He quoted a statement by Canada's first Prime Minister Sir John A MacDonald: "the great aim of our legislation has been to do away with the tribal system, and to assimilate the inhabitants..."
Clark will resume his testimony Wednesday, after today's bail appeal. His testimony is expected to last about three more days.
Sample letters and links to politicians' email are on the Settlers In
Support of Indigenous Sovereignty (S.I.S.I.S.) site, at:
Please send a copy of your letter to S.I.S.I.S.
BRUCE CLARK ARCHIVES: http://kafka.uvic.ca/~vipirg/SISIS/Clark/main.html A good introduction and summary of hiss jurisdiction argument:
Ts'peten Defence Committee
Splitting the Sky - Phone/Fax: (604) 543-9661
Bill Lightbown - Phone: (604) 251-4949
174-1472 Commercial Drive, Vancouver
Salish Territory, V5L 3X9 Canada
Phone: (604) 322-7934, Fax: (604) 323-0224
Ts'peten Legal Defence Team:
Manuel Azevedo, phone: (604) 687-0231, fax: (604) 687-0241
Margaret Clark, c/o phone: (604) 687-0231, fax: (604) 687-0241
S.I.S.I.S. Settlers In Support of Indigenous Sovereignty
PO Box 8673, Victoria, BC Canada V8X 3S2
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