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Justice in Paradise PDF

399 Pages·1999·28.188 MB·English
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Justice in Paradise MCGILL-QUEEN'S NATIVE AND NORTHERN SERIES BRUCE G. TRIGGER, EDITOR 1 When the Whalers Were 8 In Business for Ourselves Up North Northern Entrepreneurs Inuit Memories from the Wanda A. Wuttunee Eastern Artie 9 For an Amerindian Autohistory Dorothy Harley Eber An Essay on the Foundations of 2 The Challenge of Arctic a Social Ethic Shipping Georges E. Sioui Science, Environmental 10 Strangers Among Us Assessment, and Human Values David Woodman David L. VanderZwaag and Cynthia Lamson, Editors 11 When the North Was Red Aboriginal Education in Soviet 3 Lost Harvests Siberia Prairie Indian Reserve Farmers Dennis A. Bartels and and Government Policy Alice L. Bartels Sarah Carter 4 Native Liberty, Crown 12 From Talking Chiefs to a Native Sovereignty Corporate Elite The Existing Aboriginal Right The Birth of Class and of Self-Government in Canada Nationalism among Canadian Bruce Clark Inuit Marybelle Mitchell 5 Unravelling the Franklin Mystery 13 Cold Comfort Inuit Testimony My Love Affair with the Arctic David C. Woodman Graham W. Rowley 6 Otter Skins, Boston Ships, and 14 The True Spirit and Original China Goods Intent of Treaty 7 The Maritime Fur Trade of the Treaty 7 Elders and Tribal Council Northwest Coast, 1785-1841 with Walter Hildebrandt, Dorothy James R. Gibson First Rider, and Sarah Carter 7 From Wooden Ploughs to 15 This Distant and Unsurveyed Welfare Country The Story of the Western A Woman's Winter at Baffin Reserves Island, 1857-1858 Helen Buckley W. Gillies Ross 16 Images of Justice Dorothy Harley Eber 17 Capturing Women The Manipulation of Cultural Imagery in Canada's Prairie West Sarah Carter 18 Social and Environmental Impacts of the James Bay Hydroelectric Project Edited by James F. Horning 19 Saqiyuq Stories from the Lives of Three Inuit Women Nancy Wachowich in collaboration with Apphia Agalakti Awa, Rhoda Kaukjak Katsak, and Sandra Pikujak Katsak This page intentionally left blank Justice in Paradise BRUCE CLARK McGill-Queen's University Press Montreal & Kingston • London • Ithaca To Margaret © Bruce Clark 1999 ISBN 0-7735-2001-5 Legal deposit fourth quarter 1999 Bibliotheque nationale du Quebec Printed in Canada on acid-free paper Canada1 McGill-Queen's University Press acknowledges the finan- cial support of the Government of Canada through the Book Publishing Industry Development Program for its activities. We also acknowledge the support of the Canada Council for the Arts for our publishing program. Canadian Cataloguing in Publication Data Clark, Bruce A., 1944- Justice in paradise (McGill-Queen's native and northern series; 20) Includes index. ISBN 0-7735-2001-5 i. Clark, Bruce A., 1944- 2. Native peoples - Legal status, laws, etc. - Canada. 3. Indigenous peoples - Legal status, laws, etc. 4. Rule of law. 5. Lawyers - Canada - Biography. I. Title. II. Series. KE4i6.C53A3 1999 342'.o872'o92 099-901019-0 This book was typeset by Typo Litho Composition Inc. in 10.5/13 Times. CONTENTS PART ONE EARLY ENCOUNTERS OF THE PATHOLOGICAL KIND 1 Indian Places and Formative Faces 3 2 My Introduction to Indian Law and Culture 19 3 Moving Deeper into Indian Culture 35 4 My Capture by Indian Law and Culture 48 PART TWO KICKING AGAINST THE PRICKS 5 The Bear Island Trial 65 6 Getting Fired and Going Back to School 82 7 Crises at Oka and the Lil'Wat Country 95 8 The Western Shoshone in Nevada 114 PART THREE IN THE WOMB OF THE DEVIL'S SPAWN 9 Our First Trip to Europe 123 10 Our Trip to Bulgaria 133 11 Petitions to the Queen and Meetings in Central America 144 PART FOUR MEANWHILE BACK AT THE RANCH 12 The Bear Island Incident and My First Criminal Conviction 155 13 The Gustafsen Lake Story 161 1 CONTENTS 14 Europe Again and More Petitions 173 15 The Mi'gmaq, the Supreme Court, and Other Matters 180 PART FIVE THE UNITED STATES: LAST EMPIRE, LAST HOPE 16 Mohegans of New York and Vermont 195 17 Law Society of Upper Canada v. Bruce Clark 210 18 Epitaph for a Dead Lawyer Walking 226 Conclusion 253 Acknowledgments 257 Illustrations following page 259 Appendix 261 Liberty Island Case 267 Plains Case 291 Notes 325 Legal Authorities 373 Index 377 PART ONE EARLY E N C O U N T E RS OF T HE P A T H O L O G I C AL K I ND

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