Gustafsen Lake Standoff
Encyclopedia
The Gustafsen Lake Standoff was an indigenous land dispute involving members of the Secwepemc
nation and members of other indigenous groups in British Columbia
, Canada
which began on June 15, 1995, and lasted until September 17, 1995.
(Shuswap) and other indigenous
began an occupation of sacred Sun Dance
lands at Ts’Peten , known as Gustafsen Lake in English, located at the head of Dog Creek, near 100 Mile House, British Columbia. The specific location of the lands were in District Lot 114, Lillooet Land District, at approximately 51°32′28.8"N 121°43′0.1"W.
The occupation at Ts’Peten followed a long history of attempts to gain recognition of Secwepemc sovereignty
by the Canadian Government
, and indigenous rights to unceded lands in British Columbia.
The standoff began when a previous arrangement from 1989 to hold sun dances
on Crown Land
under the jurisdiction of rancher Lyall James broke down. Some Natives chose to remain at Gustafsen Lake and continue to hold annual sun dances in defiance of threats of eviction by Lyall James, and to assert indigenous rights to the land. The conflict reached a head when natives erected a fence to keep out James' cattle, which were despoiling the site with their dung and James and his cowboys responded first with an attack on the camp on horseback, firing guns, cracking whips and calling the occupants "red niggers" (as alleged by Gustafsen defence lawyer George Wool), then called in the RCMP.
British Columbia Attorney General Ujjal Dosanjh
branded the occupation as strictly a criminal matter, refusing to consider political negotiations.
launched one of the largest police operations in Canadian history, including the deployment of four hundred tactical assault team members, five helicopters, two surveillance planes and nine Armoured Personnel Carrier
s. By the end of the 31-day standoff, police had fired approximately 7,000 rounds of ammunition, blown up a vehicle with an IED
, shot one woman and killed a dog. The operation was the largest paramilitary operation in British Columbia history and cost $5.5 million dollars.
refused to hear the appeal.
when he was released for parole, and successfully fought extradition
to Canada to complete his sentence, becoming the only Native ever granted political asylum in the United States. According to Janice Stewart, a magistrate justice of the U.S District Court in Oregon
, "The Gustafsen Lake incident involved an organized group of native people rising up in their homeland against an occupation by the government of Canada of their sacred and unceded tribal land." She also asserted that "the Canadian government engaged in a smear and disinformation campaign to prevent the media from learning and publicizing the true extent and political nature of these events".
Since the beginning of the standoff, the "Ts'Peten Defenders" and their supporters have called for an independent, impartial inquiry into the RCMP siege at Gustafsen Lake and the alleged ensuing cover-up.
Secwepemc
The Secwepemc , known in English as the Shuswap people, are a First Nations people residing in the Canadian province of British Columbia. Their traditional territory ranges from the eastern Chilcotin Plateau and the Cariboo Plateau southeast through the Thompson Country to Kamloops and the Shuswap...
nation and members of other indigenous groups in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
which began on June 15, 1995, and lasted until September 17, 1995.
The Standoff begins
In June 1995, people from the SecwepemcSecwepemc
The Secwepemc , known in English as the Shuswap people, are a First Nations people residing in the Canadian province of British Columbia. Their traditional territory ranges from the eastern Chilcotin Plateau and the Cariboo Plateau southeast through the Thompson Country to Kamloops and the Shuswap...
(Shuswap) and other indigenous
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
began an occupation of sacred Sun Dance
Sun Dance
The Sun Dance is a religious ceremony practiced by a number of Native American and First Nations peoples, primarily those of the Plains Nations. Each tribe has its own distinct practices and ceremonial protocols...
lands at Ts’Peten , known as Gustafsen Lake in English, located at the head of Dog Creek, near 100 Mile House, British Columbia. The specific location of the lands were in District Lot 114, Lillooet Land District, at approximately 51°32′28.8"N 121°43′0.1"W.
The occupation at Ts’Peten followed a long history of attempts to gain recognition of Secwepemc sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
by the Canadian Government
Politics of Canada
The politics of Canada function within a framework of parliamentary democracy and a federal system of parliamentary government with strong democratic traditions. Canada is a constitutional monarchy, in which the Monarch is head of state...
, and indigenous rights to unceded lands in British Columbia.
The standoff began when a previous arrangement from 1989 to hold sun dances
Sun Dance
The Sun Dance is a religious ceremony practiced by a number of Native American and First Nations peoples, primarily those of the Plains Nations. Each tribe has its own distinct practices and ceremonial protocols...
on Crown Land
Crown land
In Commonwealth realms, Crown land is an area belonging to the monarch , the equivalent of an entailed estate that passed with the monarchy and could not be alienated from it....
under the jurisdiction of rancher Lyall James broke down. Some Natives chose to remain at Gustafsen Lake and continue to hold annual sun dances in defiance of threats of eviction by Lyall James, and to assert indigenous rights to the land. The conflict reached a head when natives erected a fence to keep out James' cattle, which were despoiling the site with their dung and James and his cowboys responded first with an attack on the camp on horseback, firing guns, cracking whips and calling the occupants "red niggers" (as alleged by Gustafsen defence lawyer George Wool), then called in the RCMP.
British Columbia Attorney General Ujjal Dosanjh
Ujjal Dosanjh
Ujjal Dev Singh Dosanjh, PC, QC, is a Sikh Canadian lawyer and politician. He served as 33rd Premier of British Columbia from 2000 to 2001 and as a Liberal Party of Canada Member of Parliament from 2004 to 2011 including a stint as Minister of Health from 2004 until 2006 when the party lost...
branded the occupation as strictly a criminal matter, refusing to consider political negotiations.
RCMP siege
After failed negotiations, the Royal Canadian Mounted PoliceRoyal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
launched one of the largest police operations in Canadian history, including the deployment of four hundred tactical assault team members, five helicopters, two surveillance planes and nine Armoured Personnel Carrier
Armoured personnel carrier
An armoured personnel carrier is an armoured fighting vehicle designed to transport infantry to the battlefield.APCs are usually armed with only a machine gun although variants carry recoilless rifles, anti-tank guided missiles , or mortars...
s. By the end of the 31-day standoff, police had fired approximately 7,000 rounds of ammunition, blown up a vehicle with an IED
Improvised explosive device
An improvised explosive device , also known as a roadside bomb, is a homemade bomb constructed and deployed in ways other than in conventional military action...
, shot one woman and killed a dog. The operation was the largest paramilitary operation in British Columbia history and cost $5.5 million dollars.
Resolution
Fourteen indigenous and four non-native people were charged following the siege, fifteen of whom were found guilty and sentenced to jail terms ranging from six months to eight years. The leader of the occupation, William "Wolverine" Jones Ignace, was found guilty of mischief to property, mischief causing danger to life, possession of firearms and explosives, discharging a firearm at police, and using a firearm to assault police officers. Three of the defendants appealed the verdicts on the grounds that the Canadian courts have no jurisdiction over the lands where the Gustafsen Lake standoff took place, which they claimed remain unceded indigenous land. The Supreme Court of British ColumbiaSupreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
refused to hear the appeal.
Pitawanakwat extradition
One of those convicted was James Pitawanakwat, who was sentenced to three years in jail for endangering life. He fled to the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
when he was released for parole, and successfully fought extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
to Canada to complete his sentence, becoming the only Native ever granted political asylum in the United States. According to Janice Stewart, a magistrate justice of the U.S District Court in Oregon
United States District Court for the District of Oregon
The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union...
, "The Gustafsen Lake incident involved an organized group of native people rising up in their homeland against an occupation by the government of Canada of their sacred and unceded tribal land." She also asserted that "the Canadian government engaged in a smear and disinformation campaign to prevent the media from learning and publicizing the true extent and political nature of these events".
Since the beginning of the standoff, the "Ts'Peten Defenders" and their supporters have called for an independent, impartial inquiry into the RCMP siege at Gustafsen Lake and the alleged ensuing cover-up.
See also
- Seton Portage IncidentSeton Portage, British ColumbiaSeton Portage is a historic rural community in British Columbia, Canada, that is about 25 km west of Lillooet, located between Seton Lake and Anderson Lake. "The Portage" was formed about 10,000 years ago when the flank of the Cayoosh Range, which is the south flank of the valley, let go and...
- Oka CrisisOka CrisisThe Oka Crisis was a land dispute between a group of Mohawk people and the town of Oka, Quebec, Canada which began on July 11, 1990 and lasted until September 26, 1990. At least one person died as a result...
- Ipperwash CrisisIpperwash CrisisThe Ipperwash Crisis was an Indigenous land dispute that took place in Ipperwash Provincial Park, Ontario in 1995. Several members of the Stoney Point Ojibway band occupied the park in order to assert their claim to nearby land which had been expropriated from them during World War II...
- Burnt Church CrisisBurnt Church CrisisThe Burnt Church Crisis was a conflict in Canada between the Mi'kmaq people of the Burnt Church First Nation and non-Aboriginal New Brunswick fisheries, from 1999 to 2001. Natives and non-Natives of the area prior to this crisis had a long history of living peacefully together and helping each other...
- Caledonia Land DisputeCaledonia land disputeThe current Grand River land dispute came to wide attention in Canada on February 28, 2006. On that date, protesters from the Six Nations of the Grand River began a demonstration to raise awareness about First Nation land claims in Ontario, Canada...
- Splitting the Sky