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Innocent Until Proven Indian

EXCERPTS

Chapter 2 - Jesse Crowchild at Trial

"Your Lordship, the defendant, Margaret Poorbear, is 72-years-old; she is by no means a person with criminal intent, and she has lived within the borders of the law, her entire life."

Jesse looked straight at Judge Andrews, his voice firm but not loud, his six-foot frame in front of the stand, his long face with fierce brown eyes; his black hair tied back in a pony tail. He felt the eyes of the defendant on him, and hoped the judge took a good look at the woman whose fate could land her in jail.

Margaret"Margaret lives by the traditional ways of her people, she respects mother earth; she also respects the sacred burial sites of her ancestors. When the tribal council learnt that the ski resort was to build a road that would trespass on the Tzalten burial ground - they were angry," Jesse paused for a second as he cast a passing glance at the people in the courtroom. "If a contractor was to build a road going through a cemetery in Vancouver, I'm sure there would be a collection of outraged citizens. And, they would be within their legal rights to protest such a violation. Margaret acted in the same way; she would not let the truck driver pass, she made no threats, she was not armed. But she can be very stubborn."

Jesse looked down at Margaret, her grey hair combed back and tied in a bun, the face weathered but calm; she smiled at the word stubborn. It was the white man's word for standing up for what was right.

"A legal injunction has been made by the band council, and the construction has been put on hold by a court order. The eventual outcome will be decided by the Lands Claims Commission, who is aware of the council's treaty, signed by the provincial and federal governments," Jesse said. He removed a sheet of paper from a file held in his right hand. "I would like to present a copy of this treaty as exhibit for the court."