From this case, Clark concluded that Indian land claims in all of British North America would require an independent, third party adjudication.
"[5]: 57 He further noted that, "[d]espite his academic qualifications, Clark's behaviour in trials and hearings was characterized as 'unconventional' and 'unprofessional' resulting in numerous sanctions by the courts.
"[5]: 57 In his May 1991 article in Canadian Forum, Philip Raphals described Clark as "on a one-man crusade to get these arguments [as set out in Native Liberty, Crown Sovereignty] before the Supreme Court of Canada."
[6]: 10–13 In Native Liberty, Clark says that the "British Crown recognized the right to self-government for Indians on unceded lands" in the Royal Proclamation of 1763.
Assembly of First Nations (AFN) Vice Chief Lawrence Courtoreille asked, "Even supposing you got a piece of paper from the Supreme Court saying you had a right to self-government, then what?
[6] In Justice in Paradise, Clark described his journey in Europe in which he was essentially accusing North American judges of complicity in genocide.
[8] According to Maclean's, on June 2, 2015, when Justice Murray Sinclair released the report of the Truth and Reconciliation Commission on the abuses of Aboriginal children in residential schools he used the phrase, "cultural genocide".
[9] He said, "Today, I stand before and acknowledge that what took place in residential schools amounts to nothing short of cultural genocide – a systematic and concerted attempt to extinguish the spirit of Aboriginal peoples.
"[5]: 3 As a scholar, Clark has been compared with Taiaiake Alfred,[12][13] who is also more inclined to take direct action whereas Dale Turner,[14] who calls for the "resurgence of indigeneity and traditional governance regimes", "approaches the issue from an intellectual, persuasive perspective" and is "reflective and open to reasoned discussion and negotiation.
"[5]: 58 Clark "rejects most Indigenous law court decisions as ultra vires based on his formalist interpretation of historical documents, statutes, and proclamations.
"[15][16][17][5]: 58 He describes Borrows as a "respected advocate for Indigenous causes" while grouping Clark with Russell Means and Pamela Palmater as "outspoken activists".
[7]: 19–34 [18] In his book, Justice in Paradise, Clark described how he and his wife liquidated his law practice in southern Ontario, sold his home and assets, and took up residence in the remote Bear Island community from 1978 through 1985 where they brought up their young children.
[6] According to Raphals, Clark worked without compensation but did have a promissory note, signed in 1984 by Chief Potts from the Teme-Augama (Temagami) Executive Council for $7 million.
Colorado AIM leader Glenn Morris noted that "[w]hile Clark's position was technically correct, it would have been pertinent…to have also observed that Dann happened to be entirely innocent of the charges against him… [P]residing judge Bill McKibben imposed an especially harsh sentence because he wanted to make an example that U.S. law cannot be ignored.
: 180–1 In his career he litigated 40 cases in North America including in Alaska, Alberta, British Columbia, California, Maine, Nevada, New York, New Brunswick, Ontario, Quebec, Saskatchewan and Washington (DC).
[25]: 5–6 On January 3, 1995, Clark submitted a petition to Queen Elizabeth II, signed by Rosette and Stevens, in which they called for "third-party adjudication over unceded indigenous lands within the contemporary boundaries of the Canadian state.
"[25]: 5 On June 13, 1995, after James had found a fence had been erected at the campsite, his ranchers allegedly "impaled" an eviction notice on a "sacred spear".
Clark held meetings with the Gustafsen Lake Defenders, including Boncore at Count Henning Graf von Platen's guesthouse, Arcona House, in 108 Mile Ranch.
[26] Rosette sought the assistance of Nakoda (Stoney) spiritual healer John Stevens, who was called to Gustafsen Lake "after long days in RCMP crosshairs".
"[37][38][39][40][41][42][43][44] By 2010, because of lessons learned at Gustafsen Lake, British Columbia had developed a "wide-ranging protocol on public safety co-operation" which was accepted nationally which included identifying "situations that could lead to crisis, provide for exchanging information on how to prevent it and facilitate debriefings during or after a conflict."
In a 2010 interview with The Globe and Mail, Gary Bass, deputy commissioner for the RCMP, said that Gustafsen Lake was a "turning point" for him where he learned that "confrontations with First Nations could be avoided."
His advice was that only a "third party tribunal, one such as the Privy Council of Great Britain, would be sufficiently free of self interest to accede to what he believes to be his compelling and irrefutable argument on the law.
"[47] According to Sandra Lambertus, defendants' lawyers said that a fair trial was jeopardized because of a number of factors including biased pre-trial media coverage.
[45]: 57 In 1997 one of the original lawyers for the defense, Janice Switlo, published a monograph in 1997 in which she challenges the claim by the British Columbia Attorney General and the RCMP that there was "only one side of the story concerning Gustafsen Lake".
Lambertus cited Switlo as saying that "the other side of the story" reveals "the corruption, the abuse, the fraud" from federal and provincial levels of government as well as the RCMP during the conflict.
"[51][52][53][54] According to Victoria Times Colonist, at 9:20 on Friday morning, September 15, Clark, entered the small 100 Mile House courthouse and demanded a hearing from Provincial Court Judge Nick Friesen.
Clark, his wife, their three children along with Harold (Tsenhu'qw) and Loretta (Lahalus) Pascal, Lil'Wat natives, flew to the Netherlands, to "explore international legal remedies".
According to a June 2, 1997 series in Maclean's, Clark, and the defendants he represented, said that Canadian courts had "no jurisdiction over disputes involving Indian land never ceded through treaties".
Clark spent two months in jail during the trial on contempt charges after calling an early Gustafsen hearing a "kangaroo court.
"[50] In 1996 Clark attempted to make a citizen's arrest of the four British Columbia Court of Appeal (BCCA) judges who he had accused of treason and complicity to genocide.