McEachern evaded the truth with racist assumptions, such as alleging that life in pre-contact native societies was "nasty, brutish and short."
Clark contrasted the racist opinions of this contemporary BC Chief Justice with those expressed in1696 by Queen Anne's Attorney General Lord Northby, who believed grants of unpurchased Mohegan Land were "illegal and void", and observed that indigenous nations showed "a steady and uniform attachment to, and love of, justice and equity." Clark remarked that the preponderance of judges like McEachern indicates we are not really, as purported, "a rule of law society."
Clark then returned to an extensive survey of existing case law which evidences the clarity of aboriginal rights contrasted with racist judicial decisions. These judgments are replete with racist assumptions of the "indolence and intemperance" of "savage Indians". Clark pointed out the realities of lands stolen by settlers who were far "more savage and cruel than those they despoiled."
Clark quipped that the difference between the US and Canada was that the US were "honest and open bullies" compared to the "snakes and sneaks" of Canada. He gave the jury a written documentation of case law in North America to end his examination-in-chief.
A rather bizarre cross examination then ensued by defence cousel Sheldon Tate. Mr Tate suggested that Dr. Clark was in violation of his oath of allegiance to Her Majesty the Queen, and that Dr. Clark took an oath "not to pervert the course of justice to your own private means".
When Tate continued to badger the witness with questions about his integrity and nonexistent financial resources, even Justice Josephson, no friend of Clark's, told Tate: "you're taking us down a dark path with no light at the end".
Clark has previously suggested that all BC lawyers are compromised and in conflict on the aboriginal rights issue. The trial continues on Tuesday April 1, in the super-maximum security, "anti-terrorist" Courtroom #7 in Surrey, BC.
Please send a copy of your letter to S.I.S.I.S.
Splitting the Sky - Phone/Fax: (604) 543-9661Ts'peten Legal Defence Team:
Bill Lightbown - Phone: (604) 251-4949
Manuel Azevedo, phone: (604) 687-0231, fax: (604) 687-0241Settlers In Support of Indigenous Sovereignty
Margaret Clark, c/o phone: (604) 687-0231, fax: (604) 687-0241