- by Margaret Clark
September 18, 1995
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 applies 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 Constitutional Law. 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.