[Proceedings of the Supreme Court of British Columbia 1989-04-26]
data provider: CONTENTdm
is part of: Delgamuukw Trial Transcripts
creator: British Columbia. Supreme Court
issued: 2013
created: 1989-04-26
description: In the Supreme Court of British Columbia, between: Delgamuukw, also known as Albert Tait, suing on his own behalf and on behalf of all the members of the House of Delgamuukw, and others, plaintiffs, and Her Majesty the Queen in right of the Province of British Columbia and the Attorney General of Canada, defendants: proceedings at trial.
aggregated CHO: https://open.library.ubc.ca/collections/delgamuukw/items/1.0019701/source.json
format: application/pdf
note: 16225 Submission by Ms. Mandell 1 April 26th, 1989 2 VANCOUVER, B.C. 3 4 THE REGISTRAR: Order in court. In the Supreme Court of British 5 Columbia, Vancouver, this Wednesday, April 26th, 1989, 6 in the matter of Delgamuukw versus Her Majesty the 7 Queen at bar. 8 I caution the witness you're still under oath. 9 THE COURT: Miss Mandell. 10 MS. MANDELL: Thank you, my lord. I'd like to address you on 11 the point which you left us with last night. 12 THE COURT: Okay. 13 MS. MANDELL: And that is whether or not this witness, or any 14 witness for that matter, probably should be providing 15 evidence with respect to historical documents which 16 your lordship may be in a position yourself to 17 interpret. 18 I first wanted to draw to your lordship's 19 attention something which may not be perfectly 20 obvious, and that is that the debate as to the 21 geographic region of the Royal Proclamation has 22 divided and baffled the courts now for two decades. 23 In the case of Regina versus White and Bob, Mr. 24 Justice Norris said that it applied to Vancouver 25 Island. Two judges constituting the majority made no 26 comment, and two judges dissented, and the Supreme 27 Court of Canada sided with the majority without 2 8 comment. 29 In the case of Regina versus Derrickson, which 30 followed the Supreme Court of British Columbia, said 31 that the Royal Proclamation did not apply, and the 32 Court of Appeal in the Supreme Court of Canada didn't 33 deal with the issue. 34 In the case of Calder versus the Queen, Mr. 35 Justice Hall said that the Royal Proclamation applied 36 to the Nass Valley. Mr. Justice Judson said it didn't 37 apply to British Columbia, and Mr. Justice Hall's 38 judgment was apparently approved of in the Secretary 39 of State case by Lord Denning in 1982. 40 In the provincial court in the case of Regina 41 versus Dennis, 1974, the provincial court said that 42 the Royal Proclamation did apply, and this debate was 43 finally again brought before the court in Regi…
has type: Trial proceedings
spatial: British Columbia
identifier: KEB529.5.L3 B757
is shown at: 10.14288/1.0019701
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