By Bruce Clark
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Caution! This e-book comprises subject matters of sexual abuse and infidelity.
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I only wish it were. As you know, the Ontario government has just sued my Indian clients in the Ontario Supreme Court and, far from reducing expenses, the time pressure and expense of underwriting their case is going to skyrocket. If I undertake to get caught up right away, for all practical purposes it means dropping the 31 32 PART ONE E A R L Y E N C O U N T E R S OF THE P A T H O L O G I C A L KIND Indians' case. " "So," they said, "you are just going to continue to borrow from the income tax department to pay for the land claim?
Subsequently, Ontario was allowed by a Supreme Court judge with impunity to renege on that undertaking. Ontario next delivered in the Supreme Court action a statement of claim setting out the government's official position: the Temagamis' lands had, by implication, been purchased and, even if they had not, aboriginal rights could not legally be enforced against the non-native government. In short, Ontario pleaded the white man's sovereignty. I delivered on the Temagamis' behalf a statement of defence denying any implicit purchase and, more important, pleading native sovereignty as overriding the Ontario government's claim to sovereignty.
The Temagamis shuddered at the prospect of that blackened wasteland swallowing the green of their homeland. The Ontario government had introduced environmental legislation that curtailed the dumping of the Sudbury smelter's daily ration of tons of sulphur dioxide gases and other processing wastes into the air. Towering smokestacks addressed the environmental problem by throwing the poisons higher into the winds, dispersing them over a wider circumference. The sulphur dioxide, mixed with moisture in the atmosphere, was being spread out over a larger area than the 23 24 PART ONE E A R L Y E N C O U N T E R S OF THE P A T H O L O G I C A L KIND Sudbury basin, to which the pollution had been restricted by the more primitive technology of earlier years.