Lack of immediate sentence angers defendants

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When he appeared in court on June 10, William Jones Ignace (also known as Wolverine) wanted the court to return a quick sentence so he could just as quickly get on with filing an appeal.

He was previously found guilty of mischief endangering life and several weapons charges in connection with the 1995 Gustafsen Lake standoff.

But Judge Bruce Josephson decided he wanted to hear the submissions of each of the other 15 people who were also convicted of offenses before passing sentence. Ignace has been denied bail and will remain in custody throughout the sentencing hearings which are expected to last at least two weeks.

Eight days after receiving instructions from British Columbia Supreme Court Justice Josephson and retiring to deliberate, the Gustafsen Lake jury revealed their decision on May 20.

William Jones "Wolverine" Ignace, 66, and his son Joseph Ignace were cleared of the attempted murder charge they each faced. The senior Ignace, however, was convicted of "willful mischief endangering life by obstructing lawful operation of property (James cattle ranch) valued in excess of $5,000; possession of dangerous weapons, forearms and explosives; discharging firearms at peace officers; assaulting peace officers with firearm."

He faces a possible life sentence.

Joseph Ignace, who suffers from fetal alcohol syndrome, was cleared of all charges. Stuart and Francis Dick were found not guilty of mischief. Suniva Bronson, James Pitawanakwat and Edward Dick were found guilty of mischief endangering life, a crime that carries a maximum sentence of life in prison.

Marjorie Pena, Robert Flemming, Shelagh Franklin, Grant Archie, Sheila Ignace, Grant Potulicki Ronald Dionne, Percy Rosette, Trond Halle, Flora Sampson and Glen Deneault were all convicted of unlawfully obstructing operation of property but acquitted of mischief endangering life.

The group of 14 Aboriginal and 4 non-Aboriginal protesters occupied the land near 100 Mile House in the British Columbia interior in the spring of 1995, saying the land was never surrendered.

After an eviction notice was served on them in June by rancher Lyle James, who purchased the 182,000 hectare property in the 1970s, the protesters refused to leave, saying Canada had no jurisdiction over the unceded land. The protesters demanded to speak with the Queen or her representatives, saying the Royal Proclamation of 1763 ensured that all lands properly surrendered by Aboriginal peoples must be surrendered in a clearly defined manner which was not the case with the James property. Through the months of August and September that year, about 400 heavily armed RCMP officers were involved in a series of engagements with the protesters which frequently involved gunfire.

Assembly of First Nations National Chief Ovide Mercredi visited the camp on Aug. 24, attempting to broker a peaceful settlement. He left without success two days later.

Controversial lawyer Bruce Clark, acting for some of the protesters, was found guilty of contempt after an angry outburst in court. Clark found the court had little interest in his argument that the rule of law backed up the protesters claims that Canada and the province had no legal jurisdiction over the land.

The protesters were arrested and charged the day after they left the camp on Sept. 17.

The Aboriginal leadership in the province has not supported the protesters. Chief Saul Terry, president of the Union of B. C. Indian Chiefs, called them "opportunists." But Chief Terry did say that the incident is proof of the need for the federal government to get serious about settling land claims.

Groups supporting the protesters issued press statements calling for a public inquiry into the tactics employed by the RCMP and the role played by the provincial and federal governments.

The Ts'peten Defense Committee and the Free Wolverine Campaign, groups made up of people who were in the camp but left before the confrontation began or who simply support the protestrs' right to make their case about land claim issues, criticized the judge's instructions to the jury. His decision to disallowed all jurisdictional arguments by the defense revealing the colonialist attitude of Canadian courts and underlining the defendants' point that they could get no justice when they sought to put the actions of Canadian law-makers and law enforcement officers on trial in a Canadian courtroom.

The spokesman for the Free Wolverine Campaign, Bill Lightbown - a 70-year-old Kootenay Elder - believes Jones Ignace is a political prisoner.

"The judge told him there was no way he'd allow him bail until he recognized the jurisdiction of the court," Lightbown said. "Obviously, that makes him a political prisoner, not a legal prisoner."