---------- Forwarded message ----------
Date: Sat, 2 Mar 1996 14:00:07 -0800 (PST)
[Ellipses (...) in the document below indicate editing of descriptions of
appendices included in the original, but not included in this posting. No
other editing has been done. Asterisks (*) indicate italicizing in the
original.]
CROWN TREASON - NOT TO RESIST IS TO COLLABORATE
Native sovereignty in and over unceded territory is a constitutionally
protected liberty in British Columbia...
Some agents and assigns of the Crown in British Columbia are bent
upon evading that constitutional status quo by means other than a
constitutional amendment. Those individuals that collectively run the
federal and provincial governments and the non-native interest groups
that most effectively influence them are committing treason in virtue of
perpetrating the constitutionally prohibited fraud and abuse of molesting
and disturbing the native nations by treating natives and their
supporters as trespassers in unceded territory.
So far the Crown's judges, by issuing and enforcing injunctions, have
been the persons implementing the conspiracy to use the natives'
territory without first making a treaty as the constitutional law
requires. In future the Crown's judges will have either to resist the
treason by addressing the law that both constitutes the natives'
constitutional liberty and reposes in Crown governments and Crown courts
a positive law fiduciary obligation to protect it, or else by their
continued failure to address the law continue to be collaborators.
By "treason", in this context, I mean specifically to identify that
breach of allegiance which consists in the betrayal of the constitutional
undertaking to prevent any federal or provincial government or any agent
or assign thereof from molesting or disturbing in relation to unceded
territory the several Nations or Tribes of Indians with whom the Crown is
connected and which correspondingly live under the Crown's protection.
The existing constitutional law enacts that unceded territory is reserved
for the native nations. It remains reserved indefinitely: "for the
present and until our further Pleasure be known." That is, unceded
territory is constitutionally reserved for the natives' exclusive use and
enjoyment until either a treaty is made with them, or alternatively until
the Queen's "Pleasure" is duly revoked by a constitutional amendment.
Until then, anyone who molests or disturbs the natives upon unceded
territory is deemed to have incurred the Queen's displeasure - an enemy
of the Queen's peace. Furthermore, at common law (and as confirmed by the
*Treason Act 1351*) it remains treasonous for anyone to be adherent to
the Queen's enemies, giving to them aid and comfort. Therefore, to act
contrary to the constitutionally expressed pleasure of the Queen to
respect and to protect the natives' liberty in and over unceded territory
constitutes not only a forbidden act, but a crime the remedy for which is
the punishment of the offender at the instance of the state.
The problem is that the federal and provincial governments, and in
particular their Attorneys General, have an effective monopoly over the
criminal and policing processes. Thus, the jurisdiction to prosecute
their fraud and treason ostensibly is vested in the criminals themselves.
I say "ostensibly" since the even more fundamental principle to the
state's control of process is the axiom that no man or institution is
above the law, not even the Crown itself, and certainly not the Crown's
agents and judges who, if permitted, would thwart the law they are sworn
to uphold. In these circumstances, any judge who fails to rise to the
defence of the rule of law, by turning a blind eye to the precedents and
statutes that establish the crimes of both his governments' agents, and
his fellow judges, himself is in breach of his personal oath and duty of
office, and an accomplice.
Dated at Lions Bay British Columbia this 1st day of August, 1991.
Bruce Clark, LL.B., M.A., Ph.D. (Law), *amicus curiae*.
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ps - have you seen Bruce's humungo 140k affidavit? it's basically a
summary of his book. Very, very worth having on disk. But a pain to
receive on email. So I won't send it unless you actually want it, and
didn't get it when I posted it to sovernet-l.
Cheers