Delgamuukw Trial Transcripts

Cross-Examination on Affidavit of John Namox British Columbia. Supreme Court Dec 2, 1988

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 <3)n tiit ^nprtxat Court of JSriiislj Columbia  Na 0843  Smithers Registry  Smithers, B. C.  December 2, 1988  BETWEEN  AND:  DELGAMUUKW, also know as KEN MULDOE,  suing on his own behalf and on behalf  of all other members of the HOUSE OF  DELGAMUUKW, and others,  Plaintiffs;  HER MAJESTY THE QUEEN IN RIGHT OF THE  PROVINCE OF BRITISH COLUMBIA and  THE ATTORNEY-GENERAL FOR CANADA,  Defendants,  CROSS-EXAMINATION ON AFFIDAVIT  OF  JOHN NAMOX  M.D. ADAMS, Esq.  J.M. MACKENZIE, Esq  MS. T.A. SIGURDSON  M.W.W. FREY, Esq  and  Appearing for the Plaintiffs  Appearing for Her Majesty the  Queen in Right of the Province of  British Columbia  Appearing for the Attorney-  General of Canada  i ainrn QcofitJTiwr. cca/irc im   Kin . ifwn WF<CT GfQRGIA STREET. \ANCOUVER. B.C V6E 4H4 (6041689-1088 2  J. Namox (for Plaintiffs)  Cross-exam by Mr. Mackenzie  1 SMITHERS, B.C.  2 December 2, 1988.  3  4 JOHN NAMOX, a witness herein called  5 on behalf of the Plaintiffs, having  6 been duly sworn, testifies as  7 follows:  8  9 G. HOLLAND: Interpreter previously  10 sworn  11  12 MR. MACKENZIE:  Mr. Namox, I am representing the provincial  13 government and I have some questions to ask you.  I'm  14 here, and Thora Sigurdson is with me for the Province,  15 and Michael Frey is here representing Canada.  16 MR. ADAMS:  And Murray Adams, one of counsel for the plaintiffs.  17 MR. MACKENZIE:  Mr. Mitchell is here as the word speller, and  18 Mr. Holland is here as the interpreter.  Mr. Jim is  19 here, Mr. Victor Jim, and I'm sorry, Murray, could you  20 introduce the other people.  21 MR. ADAMS:  Janet Williams, Pat Namox, and Henry Alfred.  22  23 CROSS-EXAMINATION_BY_MR^_MACKENZIEi  24 Q  Mr. Namox, did you sign an affidavit on May 16, 1988?  25 A . What paper?  26 Q  I'm showing to you the affidavit which has been marked  27 as Exhibit 672, and could you identify your signature  28 on the last page of that affidavit, page 4?  29 A  Yes.  I signed that.  30 Q  And when was the first time that you saw that  31 affidavit?  32 A  It was in May sometime, when translator indicating —  33 translator was also there at that time.  34 Q  Who was there besides Mr. Holland?  35 A  Marvin.  36 Q  And was anyone else there when you signed the  37 affidavit?  38 A  There was this other person besides one that  39 questioned me at that time, one other person.  40 Q  Do you know who that person was?  41 A  Marvin and a translator were there, were present when  42 I signed this paper.  43 Q  Was anyone else present when you signed the paper?  44 A  No.  45 Q  Did someone translate the affidavit to you before you  46 signed it?  47 A  .Yes. 7  J. Namox (for Plaintiffs)  Cross-exam by Mr. Mackenzie  1 Q  Was it Mr. Holland who translated it to you?  2 A  Yes.  3 Q  Do you remember actually signing the paper?  4 A  Yes.  5 Q  Do you remember someone else signing the paper after  6 you signed it?  7 A  I can't remember and I don't know.  8 Q  Do you remember in 1982 going to court about Johnny  9 David's trapline?  10 A  No.  I didn't go there at all at that time.  11 Q  Do you remember coming to the courthouse here in  12 Smithers when the judge held a trial about Johnny  13 David's trapline?  14 A  No.  I didn't come here at all.  15 Q  Have you ever been in court before?  16 A  No, not at all.  17 Q  Have you ever signed an affidavit before?  18 A  No.  19 Q  Is this the first affidavit you have signed?  20 A  Yes, my first affidavit.  21 MR. MACKENZIE:  I'm showing to you an affidavit dated July 31,  22 1986 which has been marked as an exhibit in these  23 proceedings.  It's been marked as Exhibit 828.  24 MR. ADAMS: Was the whole thing marked or part of it?  25 MR. MACKENZIE:  The affidavit and certain questions were marked  26 as Exhibit 828, and one of the two maps was marked as  27 828-A, that is part 2 of 2, the map as 828A.  28 MR. ADAMS:  Are you able to say which questions and which map?  2 9    MR. MACKENZIE:  30 Q  Yes.  The map is part 2 of 2 — sorry, I beg your  31 pardon — yes, that's correct.  The map is part 2 of '.  32 and was marked as 828-A, and questions 58, 59(c) and  33 63 were marked as Exhibit 828.  I'm showing to you  34 that affidavit marked as Exhibit 828.  Can you  35 identify your signature on the second page of that  36 affidavit?  37 A  This affidavit, who made up this affidavit at that  38 time?  3 9 Q  I think your lawyers must have brought the affidavit  40 to you to be signed?  41 A  Yes.  42 Q  So did you sign that affidavit?  43 A  It's ~ it looks like my signature all right.  I  44 probably did sign that.  45 Q  Is it fair to say that you don't remember signing it?  46 A  I had forgotten about it.  47 MR. MACKENZIE:  Now, referring again to the territorial 3  J. Namox (for Plaintiffs)  Cross-exam by Mr. Mackenzie  1 affidavit, Exhibit 672, did someone explain to you  2 what was in this affidavit?  3 THE TRANSLATOR:  Can you run that question by me again?  4 MR. MACKENZIE:  5 Q  Did someone explain to you what was in this affidavit?  6 A  Yes.  They questioned me on the territory and I told  7 them what I knew of it.  8 Q  What do you think is in the affidavit?  9 A  It's about Quick area.  10 Q  Your chief's name is what?  11 A  Yes, it is Wah tah Kwets.  12 Q  And what is the name of your house?  13 A  Kwen beegh yex.  14 Q  What is the name of your clan?  15 A  It's Laksilyu.  16 MR. FREY:  Mr. Mackenzie, I need a spelling for Kwen beegh yex.  17 THE INTERPRETER:  K-W-E-N, new word, B-E-E-G-H, new word, Y-E-X.  18 MR. FREY:  Thank you.  19 MR. MACKENZIE:  20 Q  What other houses are in the Laksilyu clan?  21 A  It's another one is Gene egh la yex, which consists of  22 one family.  23 Q  Do you have any other houses in your clan?  24 A  No.  I don't know of any other house.  I know of the  25 two now.  26 Q  And what are the two houses in your clan that you are  27 speaking of?  28 A  Gen egh la yex and Kwen beegh yex.  29 Q  Are there any other houses in your clan?  30 A  There's a third house, but I forget the name to that  31 third house.  32 Q  What are the names of the chiefs that — the important  33 chiefs in your clan?  34 A  I can't remember who was the head person in the Gene  35 egh la yex and I couldn't recall at this time.  36 Q  How old are you today, Mr. Namox?  37 A  Seventy-five.  38 Q  What are the names of other chiefs in the House of  3 9 Kwen beegh yex?  40 A  Legiboo and Gus ga bagh are the chiefs in the House of  41 Kwen beegh yex.  42 MR. FREY:  Can I get a spelling for that second one, please?  43 THE TRANSLATOR:  G-U-S G-A B-A^G-H.  44 MR. FREY:  B-A-G-H.  45 THE TRANSLATOR:  Yes.  46 MR. FREY:  Thank you.  47 THE INTERPRETER:  He doesn't feel too good and he's been pretty J. Namox (for  Cross-exam by  Plaintiffs)  Mr. Mackenzie  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  sick, and he can't sit up too long.  (OFF THE RECORD DISCUSSION)  MR. MACKENZIE: We counsel have had a discussion off the record  and I have suggested to Mr. Adams that we adjourn this  cross-examination for today in view of Mr. Namox*s ill  health. We wish to consider whether we will continue  with the cross-examination in view of the state of Mr.  Namox's health as he explained it to us off the  record.  MR. FREY:  I'm in agreement and will follow my friend's lead,  but I do wish to consider independently that we are —  that I'm in complete agreement that we can't proceed  any further today.  MR. MACKENZIE:  So I'm not requesting that Mr. Namox be produced  Monday morning, but I  take instructions and  want to have the opportunity to  then discuss with plaintiff's  MR. ADAMS  MR.  MR.  counsel whether it's appropriate to continue the  cross-examination at all in or out of court.  I should say, I'm not aware, no matter what the  state of his health, whether we can produce him Monday  morning.  I don't know what the schedule is and where  various counsel are.  MACKENZIE:  I understand that. Well, having said that, I  would therefore request that we adjourn this  cross-examination.  ADAMS:  And I agree with that proposal.  (EXAMINATION ADJOURNED)  I hereby certify the foregoing to be  a true and accurate transcript of the  proceedings herein transcribed to the  best of my skill and ability  Graham D. Parker  Official Reporter  United Reporting Service Ltd.

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