British Columbia
31-538: The Gustafsen Lake standoff was a land dispute that led to a confrontation between the Royal Canadian Mounted Police (RCMP), Indigenous protestors (Tsʼpeten Defenders) and non-Indigenous protestors in the interior of British Columbia , Canada, at Gustafsen Lake (known as Tsʼpeten in the Shuswap language ). The standoff began on August 18, 1995, and lasted for 31 days, ending on September 17, when
62-399: A defined territory; (c) government; and (d) capacity to enter into relations with other States" Also, B. T. Sumner's article mentions, "In international law and relations, ownership of territory is significant because sovereignty over land defines what constitutes a state." Therefore, the breach of a country's borders or territorial disputes pose a threat to a state's very sovereignty and
93-559: A functionary of the Canadian state. Initial press releases from the protestors in June and July called Sun Dancers to the site, claimed their right to practise their religion was being violated, and re-asserted the belief that the grounds were part of a larger tract of unceded Indigenous land. Shots were allegedly fired toward forestry workers working in the area, at which point the RCMP attempted to secure
124-547: A petition to the Queen, signed by representatives of Indigenous religious communities from across Canada, including Rosette and Alberta medicine man John Stevens. The petition sought an international inquiry into the subject of the occupation of unceded Indigenous territories by the Canadian government. At this point, the RCMP operated as mediators between the James Cattle Company and the protestors. In June 1995, people from
155-403: A smear and disinformation campaign to prevent the media from learning and publicizing the true extent and political nature of these events". Land dispute A territorial dispute or boundary dispute is a disagreement over the possession or control of territories ( land , water or airspace ) between two or more political entities . Territorial disputes are often related to
186-455: A territory through invasion, and non-state entities try to influence the actions of politicians through terrorism. International law does not support the use of force by one state to annex the territory of another state. The UN Charter states, "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with
217-479: A vision of the site. The site is 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 / 51.541333°N 121.716694°W / 51.541333; -121.716694 ( Gustafsen Lake ) . Rosette approached ranch owner Lyle James about conducting
248-459: Is limited to those matters granted to them by statute and the Rules of Court. Masters preside in chambers, where they usually hear interlocutory applications and other pre- trial matters. Masters cannot hear civil trials and do not preside in criminal matters. In court, Masters were formerly addressed as "Master," but in a practice direction issued on September 6, 1991, then Chief Justice Esson advised
279-549: Is the superior trial court for the province of British Columbia , Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia . There are 90 judicial positions on the Court in addition to supernumerary judges, making for a grand total of 108 judges. There are also 13 Supreme Court masters , who hear and dispose of a wide variety of applications in chambers. The court
310-531: The Canadian Forces . The RCMP kept journalists well away from the site and some reporters became uneasy that the only side of the story being told was that preferred by the police. Under Canadian law, police forces have discretion to create "exclusion zones" to protect the public, and allow themselves clear space to carry out their duties, but these zones are usually measured in metres. On September 11, RCMP detonated an explosive device buried in an access road to
341-666: The Constitution of Canada , in addition to any jurisdiction granted to it by federal or provincial statute. The Court has jurisdiction in any civil dispute, including those matters where the dollar amount involved is within the jurisdiction of the Small Claims division of the Provincial Court. Under the Criminal Code , the Court is included as a "superior court of criminal jurisdiction" meaning that it has exclusive jurisdiction for
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#1732845649204372-649: The Secwepemc (Shuswap), other Indigenous, and non-Indigenous supporters joined Rosette and Pena at Gustafsen Lake in preparation for the Sun Dance to take place in July. The situation intensified when James presented the camp with an eviction notice after they erected a fence to keep defecating cattle from the ceremonial area. James believed the Indigenous community members and their supporters were staking their territory. The situation
403-553: The Chief Justice, the terms "my Lord" and "my Lady" are to be avoided. Rather, Justices are addressed as "Chief Justice", "Associate Chief Justice", "Justice", "Madam Justice" or "Mr. Justice" as context requires. Masters are appointed by the provincial cabinet , on recommendation of the Attorney General in consultation with the Chief Justice. As provincial appointees, masters do not have inherent jurisdiction. Their jurisdiction
434-722: The Purposes of the United Nations." In some cases in which the boundary is not demarcated, such as the Taiwan Strait , and Kashmir , the parties involved define a Line of Control , which serves as the de facto international border. Territorial disputes have significant meaning in the international society, both by their relation to the fundamental right of states, sovereignty and also because they are important for international peace. International law has significant relations with territorial disputes because territorial disputes tackles
465-537: The Supreme Court (including the position of Chief Justice and Associate Chief Justice) are appointed by the federal cabinet , on recommendation of the Minister of Justice . All justices have full jurisdiction over any matter before the Court. It is court protocol to refer to the judges of the Court as "justices". Prior to 2021, justices in the court were addressed as "my Lord" or "my Lady". As of 2021, by directive of
496-757: The United States or United Kingdom. Prior to 1990, there existed in British Columbia a County Court , an intermediate court between the Provincial Court and the Supreme Court. In 1990, the County Court was merged with the Supreme Court, and its judges became justices of the Supreme Court. The judicial districts of the Supreme Court have the same boundaries of the counties of the former County Court. The judicial districts are: Cariboo; Kootenay; Nanaimo; Prince Rupert; Vancouver Westminster; Victoria; and Yale. Within each county, or judicial district, justices are resident in
527-437: The area. The RCMP continued to negotiate with the protestors through local elected leadership and, then, national Assembly of First Nations (AFN) Grand Chief Ovide Mercredi without success. The RCMP launched one of the largest police operations in Canadian history, including the deployment of 400 tactical assault team members, five helicopters, two surveillance planes and nine Bison armoured personnel carriers on loan from
558-528: The basis of international law; the state territory. International law is based on the persons of international law, which requires a defined territory, as mentioned in the 1933 Montevideo Convention on the Rights and Duties of States . Article 1 of the Montevideo Convention declares that "[t]he state as a person of international law should possess the following qualifications: (a) a permanent population; (b)
589-537: The camp, heavily damaging a supply truck being driven by protestors. The incident resulted in a firefight that made use of the Bisons. Non-Indigenous occupier Suniva Bronson was shot in the arm during the shootout and would be the only injury in the extensive exchange of bullets. On the following day, an unarmed man crossing a field designated as a no-shoot zone was shot at by police snipers. Police later admitted to this mistake. The standoff ended peacefully on September 17 when
620-477: The ceremony at Gustafsen Lake. James agreed to allow the ceremony to take place for four years as long as no permanent structures were erected at the site. The Sun Dance continued in 1994 and James discovered that Rosette and his partner Mary Pena had taken up permanent residence at the site sometime late in 1994. Rosette was in contact with veteran Indigenous rights lawyer and supporter of Indigenous sovereignty, Bruce Allan Clark . On January 3, 1995, Clark submitted
651-523: The few remaining protestors left the site peacefully. The RCMP operation during the standoff ended up being the most costly of its kind to date in modern Canadian history, having involved 400 police officers and support from the Canadian Armed Forces in the form of Operation Wallaby. The 1995 Sun Dance was the sixth Sun Dance to be performed at Gustafsen Lake. Sun Dances began at the site after Faith Keeper Percy Rosette and other Shuswap elders had
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#1732845649204682-558: The few remaining protestors left the site under the guidance of medicine man, John Stevens. By the end of the 31-day standoff, police had fired up to 77,000 rounds of ammunition, and killed a dog. One of the Indigenous leaders claimed that at least one of the shooting incidents blamed on them in fact occurred when two Bisons fired on one another when their view was obscured. The operation was the largest paramilitary operation in British Columbia history and cost $ 5.5 million. Fourteen Indigenous and four non-Indigenous people were charged following
713-425: The most appropriate form of address would be "your Honour". Masters also sit and hear matters as registrars, hearing such matters as assessments of solicitors fees and accounts. The Supreme Court sits in eight judicial districts called " counties ". That is the only usage of "county" in British Columbia, which is a reference only to such court districts and has no similarity to the meaning in other provinces of Canada,
744-475: The only Indigenous person ever granted political asylum in the United States. According to Magistrate Judge Janice M. Stewart of the U.S District Court in Oregon , "The Gustafsen Lake incident involved an organized group of Indigenous 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
775-437: The possession of natural resources such as rivers , fertile farmland, mineral or petroleum resources although the disputes can also be driven by culture , religion , and ethnic nationalism . Territorial disputes often result from vague and unclear language in a treaty that set up the original boundary. Territorial disputes are a major cause of wars and terrorism , as states often try to assert their sovereignty over
806-580: The right as a person of international law. In addition, territorial disputes are sometimes brought to the International Court of Justice , as was the case in Costa Rica and Nicaragua (2005). Territorial disputes cannot be separated from international law, whose basis is on the law of state borders, and their potential settlement also relies on international law and the Court. Supreme Court of British Columbia The Supreme Court of British Columbia
837-412: The siege, fifteen of whom were found guilty and sentenced to jail terms ranging from six months to eight years. The leader of the protest/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
868-489: The trial of serious crimes within British Columbia. The Court also hears some appeals from the Provincial Court and some administrative tribunals. Appeals from its own judgments are heard by the British Columbia Court of Appeal . The Supreme Court is also responsible for call ceremonies for admitting lawyers and notaries public where the respective oath of office is administered by a justice. All justices of
899-616: 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 Columbia refused to hear the appeal. One of those convicted was James Pitawanakwat, who was sentenced to three years in jail for endangering life. He left Canada for the United States nine days after being released on parole, and successfully fought extradition to Canada, becoming
930-450: Was complicated by allegedly armed and racist ranch hands who impaled the notice on a sacred spear. The Secwepemc believed their religion was under attack. Although guns were already present at the camp, the 1995 Sun Dance leader, Splitting the Sky called for an armed defensive stance. The involvement of local elected Shuswap leadership further aggravated the protestors who saw elected leadership as
961-451: Was established in 1859 as the "Supreme Court of the Mainland of British Columbia" to distinguish it from the "Supreme Court of Vancouver Island". The two courts merged in 1870 under the present name. The British Columbia Supreme Court is a court of record and has original jurisdiction in all cases, civil and criminal, arising in British Columbia. The Court has inherent jurisdiction under