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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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. He is known for his work defending the rights of Indigenous peoples. He became widely known during and after the Gustafsen Lake Standoff.
Contents
Life and Education
Bruce Clark studied law at the University of Western Ontario. He earned his law degree in 1969. He became a lawyer in 1971. Later, he continued his studies. He earned a master's degree in North American history in 1987. In 1990, he received a PhD in law from the University of Aberdeen School of Law in Scotland.
For his PhD, Clark researched an important legal case from 1704. This case, called Mohegan Indians v. Connecticut, involved Indigenous land rights. Clark believed that this case showed that Indigenous nations had their own right to govern themselves. He concluded that claims about Indigenous lands in Canada should be decided by an independent group. This group would be separate from the government.
Ideas on Indigenous Rights
Clark's 1990 book, Native Liberty, Crown Sovereignty, explored how Indigenous peoples' freedom and the government's power could exist together in Canada. He argued that Indigenous nations had the right to govern themselves on lands they had not given up. This idea is called "self-government" or "sovereignty."
His book was seen as very important. A law professor from Queen's University called it "perhaps the most important single piece of writing" on Indigenous rights in Canada. Clark pointed out that the Royal Proclamation of 1763 recognized the right to self-government for Indigenous peoples on their unceded lands. He also believed this right was protected by the Constitution Act, 1982. This meant Indigenous peoples could argue for self-government in Canada's highest court.
Clark also wrote about how Indigenous rights have been ignored. He suggested that this has caused great harm to Indigenous communities. In 2015, Chief Justice Beverley McLachlin of the Supreme Court of Canada spoke about "cultural genocide." She said that Canada's past actions against Indigenous peoples were a "worst stain on Canada's human-rights record." Also in 2015, Justice Murray Sinclair released a report on residential schools. He stated that what happened in these schools was "cultural genocide." This was a planned effort to destroy the spirit of Indigenous peoples. Clark's work highlights these serious issues.
Legal Work for Indigenous Peoples
Bruce Clark has spent his career working on land claims and Indigenous rights. He has worked on over 40 cases across North America.
Land Claim Cases
One of Clark's first cases was with the Temagami First Nation in 1973. He helped them defend their right to their traditional lands. The Temagami people had never signed a treaty giving up their land. The government wanted to build a ski resort on a mountain sacred to them. Clark and his wife even lived in the remote Bear Island community for several years. He promised to dedicate his life to fighting for Indigenous self-government.
Later, in 1990, Clark became a lawyer for the Lil'wat First Nation. They were blocking logging on their traditional lands. The police arrested many people during this blockade. Clark represented them in court.
He also worked with William Jones Ignace, known as Wolverine. Wolverine was a leader who believed in Indigenous self-government. They tried many times to get courts to hear their arguments about Indigenous jurisdiction. They even presented their case to Indigenous leaders in New Mexico and at the United Nations.
Clark also worked on a case in the United States involving the Western Shoshone people. This case, United States v. Dann, involved sisters who were grazing their cows on their traditional land. Clark argued that the U.S. courts did not have power over these Indigenous lands. While his legal argument was strong, the court still punished the Indigenous person involved. This showed how difficult it was to get courts to accept these arguments.
Gustafsen Lake Standoff
The Gustafsen Lake Standoff was a major event in 1995. It took place at Gustafsen Lake, also known as Ts'peten, in British Columbia. This area was a traditional camping and fishing spot for the Secwepemec people.
A rancher owned the land, but a Shuswap native named Percy Rosette had an agreement to use it for an annual Sun Dance ceremony. Rosette believed the land actually belonged to the Shuswap Nation. He and another person contacted Bruce Clark to investigate this claim.
In January 1995, Clark helped Rosette and John Stevens send a petition to Queen Elizabeth II. They asked for an independent group to decide on claims over unceded Indigenous lands in Canada.
In June 1995, the rancher put up a fence, which the Sun Dancers said was to keep cattle out of their sacred area. The situation became tense. The RCMP (police) were involved as mediators. The Sun Dance ceremony went ahead in July. After the ceremony, about twenty people remained at the site. They felt they were under attack and decided to defend their position. Wolverine and John Boncore became their spokesmen.
Over the next month, the situation grew into a very large police operation. About 400 RCMP officers and soldiers faced 18 protesters. There were exchanges of gunfire. Eventually, the protesters were arrested.
Some people, like Chief Ovide Mercredi of the Assembly of First Nations, blamed Clark for the failed talks. They felt he was pushing his ideas too much. However, the protesters trusted their traditional leaders and not the elected tribal council. They also did not trust the RCMP. Some observers believed the RCMP also made the situation worse. One RCMP officer was even heard saying to "smear" Clark.
After Gustafsen Lake, the police learned important lessons. They developed new ways to work with First Nations to prevent conflicts. The RCMP now focuses on building relationships and trust.
The Regina v. Mary Pena Trial
Bruce Clark was initially chosen to represent some of the people arrested at Gustafsen Lake. The trial, known as Regina v. Mary Pena, took place from 1996 to 1997. Many people were acquitted (found not guilty), but some were convicted.
During the trial, Bruce Clark testified. He had told the leaders at Gustafsen Lake that Canadian courts had not accepted his arguments about Indigenous self-government. He believed that only an independent group, like the Privy Council in Great Britain, would be fair enough to hear his arguments. This demand for an independent decision was central to the standoff. The accused believed that Canadian laws did not apply to them on their sovereign territory.
There were concerns that the trial was not fair because of biased media coverage. Defence lawyers said that the RCMP had worked with the media to make the standoff seem like a "war." One journalist even said the RCMP used the media to create a negative image of the protesters.
A judge in the United States later granted asylum to one of the defendants, James Allen Scott Pitawanakwat. The judge said that the Canadian government had used a "disinformation campaign" to spread false information about the defendants. She also said the media was prevented from showing the true nature of the events. After the trial, many people called for a public investigation into what happened at Gustafsen Lake.
Challenges with the Law Society
Bruce Clark faced challenges with the Law Society of Upper Canada, which oversees lawyers. In September 1995, Clark tried to represent his clients at a courthouse in British Columbia. He was not a member of the B.C. Law Society. He wanted to present his clients' legal arguments to prevent the police from using force at Gustafsen Lake. The judge denied his request.
Clark accused the court of being unfair. Police officers then handcuffed him and removed him from the courthouse. He was later charged with assaulting an officer. The judge also said Clark was "delusional" and sent him to a hospital for mental health assessment. Former U.S. Attorney General Ramsey Clark called this a "despicable act."
Clark later left Canada to seek international legal help. When he returned, he was arrested and jailed for three months. He was found guilty of contempt of court and assaulting an officer.
In 1996, the Law Society of Upper Canada looked into 22 charges against Clark. They found him guilty of only three minor charges. They decided not to take away his right to practice law. However, in 1999, in a separate proceeding, Clark was disbarred (lost his right to practice law) because of his earlier conviction for contempt of court and assault. He later tried to get his license back but was refused.
Supreme Court of Canada
On September 12, 1995, Bruce Clark appeared before the Supreme Court of Canada. He was involved in a major land rights case called Delgamuukw v British Columbia. Clark argued that the courts had ignored Indigenous self-government over large areas of land, including the Gustafsen Lake area. The Chief Justice at the time, Antonio Lamer, strongly disagreed with Clark's statements. He called Clark "a disgrace to the bar."
Images for kids
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Bruce Clark on the cover of Terminal City magazine
