[British Columbia Court of Appeal 1992-06-05]
data provider: CONTENTdm
is part of: Delgamuukw Trial Transcripts
contributor: British Columbia. Court of Appeal
creator: British Columbia. Supreme Court
issued: 2013
created: 1992-06-05
aggregated CHO: https://open.library.ubc.ca/collections/delgamuukw/items/1.0018319/source.json
format: application/pdf
note: 1611 Submissions by Mr. Arvay 1 CORAM: Taggart, Lambert, Hutcheon, Macfarlane, Wallace, J.J.A. 2 3 Vancouver, B.C. 4 June 5, 1992. 5 6 THE REGISTRAR: In the Court of Appeal for British Columbia, 7 Friday, June 5th, 1992. In the matter of Delgamuukw 8 versus Her Majesty the Queen at bar, my lords. 9 10 MR. LOWES: My lords, we have another new face at the counsel 11 table. This is Miss Paula Graham, who will be with me 12 for the balance of the case. 13 TAGGART, J.A.: You're very welcome. 14 Yes, Mr. Arvay? 15 MR. ARVAY: My lords, at the outset this morning I would like to 16 take the opportunity to attempt to answer Mr. Justice 17 Lambert's questions of May 15th, 1992. I believe Mr. 18 Jackson characterized his response as tentative or 19 preliminary, or something of that sort. If what he 20 meant by that was that he was going to follow it with 21 a more considered and final response, that's not what 22 I mean when I say my submissions are tentative. They 23 would be tentative no matter how long I think I had to 24 spend on it, because the questions are very good 25 questions, they are fundamental questions, they are 26 very difficult questions to answer. 27 And so what I do provide to your lordships is our 28 best attempt, given the time frame that we had to work 29 on the questions, to assist your lordships in 30 addressing these fundamental points, which indeed are 31 at the core of the case, but for which, I confess, 32 there are no easy or simple answers. 33 We understood Mr. Justice Lambert to ask not two 34 questions, but three questions. And the -- in 35 paragraph one of our written submissions we have 36 distilled those three questions as follows: What 37 makes something a right? What makes something 38 aboriginal? The third question the other counsel did 39 not address but Mr. Justice Lambert did seek 40 information on is what differences, if any, exist 41 between aboriginal rights at common law and section 35 42 rights? And that is found, if any reference …
has type: Trial proceedings
spatial: British Columbia
identifier: KEB529.5.L3 B757
is shown at: 10.14288/1.0018319
language: English
subject: Uukw, Delgam, 1937-
subject: Indigenous peoples--Canada
subject: Oral history
subject: Wet'suwet'en First Nation
provider: Vancouver : University of British Columbia Library
publisher: Vancouver : United Reporting Service Ltd.
rights: Images provided for research and reference use only. For permission to publish, copy, or otherwise distribute these images, please contact the Courts of British Columbia: http://www.courts.gov.bc.ca/
source: Original Format: University of British Columbia. Library. Law Library.
type: Text