Bruce Allan Clark facts for kids
Quick facts for kids
Bruce Allan Clark
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Clark on April 8, 2012
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| Born |
Bruce Allan Clark
22 June 1944 |
| Nationality | Canadian |
| Education | University of Western Ontario LLB(1969) MA in North American constitutional history (1987) University of Aberdeen School of Law, Scotland PhD (1990) |
| Alma mater | University of Western Ontario |
| Occupation | lawyer |
| Years active | 1971- |
| Spouse(s) | Margaret |
Bruce Allan Clark (born 22 June 1944) is a Canadian lawyer, writer, and activist who focuses on the rights of Indigenous peoples. He became well-known for his involvement in the Gustafsen Lake Standoff and the events that followed.
Contents
Life and Education
Bruce Clark studied law at the University of Western Ontario, earning his law degree in 1969. He became a lawyer in 1971. Later, he continued his studies, getting a master's degree in North American history in 1987. In 1990, he earned a PhD in law from the University of Aberdeen School of Law in Scotland.
For his PhD, Clark researched an old court case from 1704, Mohegan Indians v. Connecticut. He believed this case showed that the British government recognized the self-governance of Indigenous nations. From this, Clark concluded that land claims by Indigenous peoples in Canada should be decided by an independent group, not by the Canadian government alone.
Clark's Ideas on Rights and Justice
Clark's 1990 book, Native Liberty, Crown Sovereignty, explored how the freedom of Indigenous peoples and the authority of the Canadian government could exist together. He argued that the British Crown recognized the right of Indigenous nations to govern themselves on lands they had not given up. He believed this right was protected by the Royal Proclamation of 1763 and later by the Constitution Act, 1982.
Clark argued that Canadian courts often did not fully consider the historical rights of Indigenous peoples. He believed this made it difficult for Indigenous nations to have their land claims and self-governance rights properly heard. He suggested that an independent, third-party group should help decide these important issues.
In his book Justice in Paradise, Clark discussed his view that some judges in North America were not upholding international laws related to Indigenous rights. He argued that this lack of recognition could lead to serious problems, including what he called "genocide" against Indigenous cultures. This idea was also discussed by the Truth and Reconciliation Commission of Canada, which described the residential school system as "cultural genocide."
In 2018, Clark published another book, Ongoing Genocide Caused by Judicial Suppression of the "Existing" Aboriginal Rights. This book continued to explore his ideas about how legal systems affect Indigenous rights.
Legal Career
Early Land Claims Cases
Clark began working on Indigenous sovereignty law in 1973. He was hired by the Temagami First Nation to help them protect their traditional lands. The Temagami people had never signed a treaty giving up their land. When the Ontario government planned to build a ski resort on a mountain sacred to them, Clark helped the Temagami First Nation challenge this.
From 1978 to 1985, Clark and his family lived on Bear Island to support the Temagami community. He worked closely with Chief Gary Potts to fight for Indigenous self-governance.
Clark also became involved with the Lil'wat First Nation in British Columbia. In 1990, the Lil'Wat people blockaded a road to stop logging on their traditional lands. Clark became their lawyer, helping them argue that the logging was happening on unceded territory.
Challenging Court Authority
Clark believed that Canadian courts did not have the right to decide cases on unceded Indigenous lands. He argued that these matters should be heard by an independent international body. He tried to bring this argument to courts many times.
In one case in the United States, United States v. Dann, Clark represented a Western Shoshone man. The man was accused of trespassing on his family's traditional land. Clark argued that the U.S. court had no authority over the land because it belonged to the Western Shoshone. The judge in that case did not agree with Clark's argument.
Over his career, Bruce Clark worked on about 40 cases across North America, including in various Canadian provinces and U.S. states.
Gustafsen Lake Standoff
The Gustafsen Lake Standoff was a major event that brought Bruce Clark to wider attention. Gustafsen Lake, or Ts'peten in the Shuswap language, is a sacred place in British Columbia. For years, Indigenous people held an annual Sun Dance ceremony there.
The land was owned by a rancher, but Indigenous people, including Percy Rosette, believed it was part of their traditional territory that had never been given up. In 1995, a dispute arose when the rancher put up a fence. Rosette and John Stevens contacted Bruce Clark to help them with their land claim.
Clark and others sent a petition to Queen Elizabeth II, asking for an independent group to decide on land claims in Canada. The situation at Gustafsen Lake escalated, with many RCMP officers surrounding a small group of Indigenous people and their supporters.
Bruce Clark and William "Wolverine" Jones Ignace were spokesmen for the group. They argued that the land was sovereign Indigenous territory and Canadian laws did not apply there. They insisted on a "third-party tribunal" to resolve the dispute.
The standoff became one of the most expensive police operations in Canadian history. Eventually, the protesters were arrested. The Gustafsen Lake event led to important changes in how the RCMP handles disputes with First Nations, focusing more on building relationships and preventing conflicts.
Legal Challenges and Repercussions
Regina v. Mary Pena
Bruce Clark was initially the lawyer for some of the people arrested at Gustafsen Lake, including Mary Pena. The trial was long and complex. Clark argued that Canadian courts did not have the authority to judge disputes over unceded Indigenous land. He believed only an independent international body could fairly decide such matters.
During the trial, Clark testified that he had advised his clients that Canadian courts were not accepting his arguments about Indigenous sovereignty. He maintained that a "third party tribunal" was needed.
The trial ended with some people being found not guilty and others being convicted. Some lawyers involved in the case argued that media coverage of the standoff was unfair and biased against the defendants.
Law Society of Upper Canada
During the Gustafsen Lake events, Bruce Clark faced challenges from the legal system. In September 1995, he tried to present legal arguments in a courthouse in British Columbia, but he was not a member of the Law Society of B.C. He was arrested and charged with assaulting an officer. He was also held for contempt of court after calling a hearing a "kangaroo court."
Later, a judge ordered Clark to be committed to a hospital for mental health assessment, calling him "delusional." However, former U.S. Attorney General Ramsey Clark (no relation) later said this accusation was "despicable."
Clark left Canada for a time to explore international legal options. When he returned, he was jailed for three months. The Law Society of Upper Canada, which governs lawyers in Ontario, investigated Clark for professional misconduct. While they initially cleared him of most charges, he was later disbarred (lost his right to practice law) in 1999 due to his conviction for contempt of court and assault.
In 2002, Clark tried to be reinstated as a lawyer, but his request was refused.
Supreme Court of Canada
In September 1995, Bruce Clark appeared before the Supreme Court of Canada in a case called Delgamuukw v British Columbia. He argued that the Canadian justice system was involved in "fraud and genocide" by ignoring Indigenous sovereignty over vast lands. The Chief Justice of the Supreme Court, Antonio Lamer, strongly disagreed with Clark's statements.
