Forwarded from Jim Craven

Louis Proyect lnp3 at
Tue Feb 11 11:24:27 MST 2003

Alberta Justice Criminal Division

10 February 2003

Professor of Economics
1800 E. McLoughlin Boulevard
VANCOUVER, Washington 98663

Dear Sir:

S. 71(1)(a) MVA
TRIAL 03 04 08: 2:00; #1

Your letter of February 3, 2003 addressed to the Presiding Majistrate
was copied and provided by this court to Ms. Yellowhorn and to the Crown
Prosecutor's Office. The trial of this matter is now scheduled for 2:00
p.m. on Tuesday, April 8th, 2003 in Courtroom #1 in Lethbridge, Alberta.
 From your covering letter, you indicated that you might be willing and
able to travel to Lethbridge in order to assist Ms. Yellowhorn if the
trial was after March 23rd. The trial date was set with that
accomodation in mind. Please understand, hoever, that is is Ms.
Yellowhorn, as opposed to the Crown or the Court that is seeking your
assistance. Any expenses or costs associated with your travel to or
attendance in Court in Lethbridge will not be the responsibility of
Alberta Justice or the Provincial court of Alberta.

Yours sincerely,

(signed) Gordon K. Falconer Crown Prosecutor GKF:vle

This was the letter sent to the Presiding Magistrate:

February 2, 2003

To: The Presiding Magistrate  Re: Case of Bella Yellowhorn The
Provincial Court of Alberta Lethbridge, Alberta, Canada

Dear Your Honor:

My name is James Michael Craven. I am a member of the Blackfoot Nation
and a Professor of Economics and Chairman of the Business Division at
Clark College in Vancouver, Washington, USA. I have been asked to
testify by Bella Yellowhorn in her "pro se" defense in her case before
your Court. First of all, I must note that Bella Yellowhorn has
attempted to secure legal Counsel of her own choosing but has been
unable to do so as various inquiries by her to secure legal Counsel have
resulted in no one willing to take her case; perhaps they fear being
"tainted" in future cases in Alberta as a result of taking her case
and/or being associated with her apparent cause.

I am an economist by training, with a focus on international economics,
and my training has also involved formal and informal training in
international law over some thirty years; I am not, however, an
attorney. I have published extensively on issues in international
law-particularly with reference to status and rights of Indian nations
under international law-in peer-reviewed journals that included positive
assessments by recognized professors of international law at various
universities. My standing as an economist and educator is possibly
reflected in my being invited into-which I never sought-Marquis "Who's
Who in: The World; America; the West; Science and Engineering; Finance
and Industry"; I have been a biographical subject in these publications
for many years.

The possible probative value of my testimony has to do with the issue of
"mens rea" and the mind-set and good-faith-based beliefs upon which
Bella Yellowhorn was operating at the time of her alleged offenses.
Specifically, Bella Yellowhorn operates-and was likely operating, at the
time of her alleged offenses-with the following good-faith-based beliefs
for which she has considerable support by recognized scholars of
international law:

a)	That there is indeed a real and viable Blackfoot Nation still in
existence despite past and present attempts at its extermination or
elimination and that Bella Yellowhorn is indeed a member of that Nation;

b)	That the existence or non-existence of any nation is not in any way
dependent upon recognition or non-recognition by other recognized
nations (particularly those such as Canada or the U.S. that have
acquired and built material interests in denying the existence and
legitimacy-and derivative rights of independence, self-determination and
sovereignty-of First Nations and/or other nations; the existence,
legitimacy-and derivative rights-of all nations are a matter of "facts
on the ground" and international law as were it not so, any nation could
summarily extinguish another nation (genocide) through simple
non-recognition and applied power disparities;

c)	Of the 193 nations in the U.N. over 100 have been recognized as
nations only since 1945 and out of the dissolution of the former USSR,
for example, fifteen new nations have been recognized by Canada and the
U.S.; these new nations did not "become" nations since the dissolution
of the U.S.S.R , rather they simply became recognized as nations as the
essential elements and requisites of their nationhood existed long
before their recognition as nations by other nations (prior to their
recognition as nations, they were summarily declared to be "national
minorities" or "dependent captive quasi-nations" with
"quasi-sovereignty" and having the same formal status as First Nations
have been summarily declared to have in Canada and the U.S.);

d)	Although some Blackfoot deny that Treaty 7 was actually signed by the
principal chiefs of the Blackfoot, the Government of Canada does assert
Treaty 7 to be binding and has built a whole system of supposed property
rights and material interests upon that and other Treaties. According to
the 1969 Vienna Convention on the Law of Treaties, recognized by both
the U.S. and Canadian Supreme Courts as the "definitive international
law on treaties and treaty relations", only sovereign nations can sign
treaties and in doing so, each party explicitly and tacitly recognizes
the other treating party as a co-equal and legitimate representative of
a whole People being bound by that Treaty. In recognizing the legitimacy
of a treating party, each party is also tacitly, if not explicitly,
recognizing-or not calling into question-the  legitimacy  of the
mechanisms and institutions through which the representatives and
government of the treating parties were selected and the traditional
Blackfoot mechanisms and institutions through which the alleged
Blackfoot Chiefs and signatories of Treaty 7 were selected remain in
force among traditional Blackfoot despite any impositions of alternative
political forms (Tribal Councils) under the Indian Act;

e)	Canada is not only bound by international law governing acceptance
and recognition of treating partners as sovereign and co-equal nations,
it is also bound by other specifics of the Vienna Convention on
Treaties: e.g. Article 27 which stipulates that no nation may invoke
provisions of its internal or national laws as a reason-or in order-not
to abide by treaty specifics and obligations;

f)	Canada is also a signatory to the 1948 UN Convention on  Prevention
and Punishment of the Crime of Genocide (ratified in 1953) which, in
Article II(e), defines, as one form or instrument of genocide (NOTE: ANY
of the five instruments of genocide mentioned in Article II constitute
genocide in whole), the forcible transferring of children [or any
persons] from one group to another group; this includes any form of
forced assimilation including forced citizenship(also recognized as
illegal in the Helsinki Accords on Human Rights to which Canada is also
a signatory). According to the Constitution of Canada, these Conventions
and Accords, having the status of treaties, constitute part of the
"Supreme Law" of Canada (which is why the 1948 UN Convention on Genocide
supercedes the more narrow law-and more narrow definition of genocide-in
the Criminal Code of Canada dealing with genocide);

g)	The Government of Canada, through the creation of the so-called
"Healing Fund" for compensation of victims of the Canadian Residential
Schools (instruments of forced assimilation, forced religious
conversion, forced sterilization, deliberate inflicting of serious
mental and bodily harm, sexual and physical abuse etc) has already
stipulated to the reality and fact of ongoing genocide against First
Nations Peoples-including Blackfoot-as defined in Articles II (b), (c),
(d) and (e) of the 1948 UN Convention on Genocide; these crimes occurred
under and through the Indian Act and the non-Blackfoot political
entities (Tribal Councils) imposed upon the Blackfoot by the Government
of Canada;

h)	Any governmental or judicial decision predicated upon the assumptions
of the non-existence of a  Blackfoot Nation and the enforced Canadian
citizenship (and citizenship obligations) of Blackfoot as mere "national
minorities" involves, at least, complicity in genocide and/or cover-up
of genocide (which itself is a form of complicity in genocide) and as
such is in violation of the 1948 UN Convention on Genocide and the
Helsinki Accords and thus is in violation of the "Supreme Law" of Canada;

i)	If there is no Sovereign Blackfoot Nation, with its own traditional
mechanisms and institutions for forming a government, determining its
own internal affairs and relations with other nations then either: a)
There is no binding Treaty 7 as those Blackfoot who ostensibly signed it
had no standing or authority to do so; or, b) there was a Blackfoot
Nation and traditional government that signed Treaty 7 but it no longer
exists (then the Government and certain segments of the population of
Canada are guilty of genocide); or, c) There is some kind of Blackfoot
Nation sui generis that has limited sovereignty and
imposed/non-Blackfoot governmental structures summarily imposed by a
Canadian government and private interests having direct material
interests-and no legal authority in international law-in doing so;

j)	Bella Yellowhorn, in her own mind, with some substantial legal
scholarship supporting  her beliefs, believed/believes that: a) There
still survives a sovereign Blackfoot Nation with its own traditional
laws, government and institutions and that she is a member of that
Nation; b) Asserting the fact, existence and viability of the Blackfoot
Nation-along with asserting the derivative rights of that Nation to
sovereignty, independence, self-determination and freedom from
extermination-is essential to preventing the total extermination of what
is left of the Blackfoot Nation and therefore her intent and actions are
consistent with Canada's treaty obligations to prevent and punish the
crimes of genocide; c)  Her status driving on non-Blackfoot lands, was
no different (in international law and in intent) than someone from
another nation or state of another nation (e.g. Montana) with
non-Alberta license plates and/or non-Alberta insurance driving through
Alberta or anywhere in Canada; d) She was fully insured in the only way
that anyone is really insured-their honor and integrity; after 9-11 many
insurance companies refused to pay-out on obligations such that the
nominally "insured"-and any victims in need of compensation as a result
of actions by the insured-were never really insured at all (and indeed
many victims of the "insured" had more to fear from the insurance
companies driven by profit motives than from those individuals whose
actions required compensation for the victims); it is for these reasons
that Blackfoot regard the integrity and honor of the person causing
damages as the only real form of "insurance" one can carry and in that
sense, Bella Yellowhorn was fully insured in Blackfoot terms;

These are but some of the arguments that I was asked to advance. I
respectfully ask Your Honor to please read the accompanying "Indictment
of the U.S. and Canadian Governments for Genocide" for supporting
authority in international law for some of the arguments advanced in
this letter. As I am a teacher and it is difficult and costly for me to
come to Alberta to testify or to assist Bella Yellowhorn in her pro se
defense, I would ask that a firm date for trial be given and kept in the
interest of justice.  I am teaching until March 23 but can get off to
travel with sufficient notice and a firm trial date.

Thank you for your consideration of these issues.


James M. Craven Member,
Blackfoot Nation
Professor of Economics and Business Division Chairman
Clark College


The Marxism list:

PLEASE clip all extraneous text before replying to a message.

More information about the Marxism mailing list