Wednesday, October 28, 2009

 

New reports on Terrace courtroom matters involving Kitimat Village Council vs Haisla Community, defamation, BC Hydro, Alcan, BCUC, Gordon Campbell

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Lawyer starts laughing in Haisla trial

By Mel Ritchie
Terrace Daily Online - Oct. 27, 2009

As the trial resumes this morning in Terrace between the Kitamaat Village Council and the Haisla Community members that are being sued for defamation, the two lawyers will be debating with the Judge, Justice Punnett, on the expertise and permissibility of an elder to give testimony on tribal law.

Many elders have already spoken about the Haisla traditions and tribal courts however the lawyer for the KVC, McConchie, continues to object that any of this testimony be considered in evidence.

The Supreme Court of Canada Appeal Court decision of 'Delgamuukw v British Columbia' was to be reviewed by these three legal minds last night along with other Court rulings such as the Van Peet decision, to determine if an elder can give evidence of his knowledge of aboriginal history and if this evidence should be considered in the Courts in Canada.

Hemaas Wakas, Raven Clan Chief, Alan Williams is on the stand waiting for this answer.

Haisla elder Don Stewart had taken the stand earlier. After stating his Haisla name, which no one could spell, and after briefly beginning, he was also asked to stop giving testimony as it was all about Haisla customary courts and tribal law.

The Court resumes at 10:00 am in Terrace and will begin with arguments on the validity of evidence by first nations elders on aboriginal customs, culture and traditions.
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BC Mary comment: It kept bothering me, that name "McConchie" ... didn't he have something to do with the BC Rail Case, I kept wondering. Simple Googling told me that Roger D. McConchie is a very fine man who graduated from UBC in Law 1977, and who specializes in "defamation, libel, slander, media, access-to-information, injurious falsehood, breach of confidence, internet law. Hmmm. Media might be the key ... and so it was.

An excellent article written by Camille Bains, The Canadian Press, quotes Roger D. McConchie this way, when he showed up in an early Basi Virk ore-trial hearing, as representing "The Canadian Press and other media that also want access to the secret [Basi Virk] hearing, said the fact reporters are barred from the court room means the public won't learn what's involved in the political corruption case.

“This case cries out for the greatest transparency at every step because of the profound public interest in the integrity of its institutions – the legislature, the government and public officials,” McConchie said.

“In my view the delays in getting the [BC Rail] matter to trial, where all of the evidence should become fully available to the public in the Crown's case and possibly the defence's case, has meant that the interest in prompt, complete understanding of the facts has been effectively negated.

“The entire life of an incumbent government goes by without the public getting a clear view of the facts which have led to this prosecution.”

That McConchie, eh? Okay then ... read on, for an
excellent summary of the BC Rail & Basi Virk issues:
Legislative Raid Case Hits 4 Years
By Camille Bains
The Canadian Press - Dec. 27, 2007


Now, back to Terrace and some apparent alleged dingdong fascinating similarities ongoing there.

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Court will debate custom law authority

Merv Ritchie's report on the previous day's Kitamaat - Hasla trial is HERE.

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Now that we've started following this trial, we can't quit now ... although you might start rubbing your eyes and reading today's report a second time ...

Steve Wilson calls sheriff onto reporter
By Merv Ritchie
Terrace Daily Online - Oct 28, 2009

Merv's front-line report is detailed HERE.

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Measure of dignity for hereditary Chiefs
By Merv Ritchie
Terrace Daily Online - Oct 29, 2009 is HERE.

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Justice in a rock slide at fraud trial
By Merv Ritchie
Terrace Daily Online - Oct. 30, 2009 is HERE.

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Comments:
http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=6579d3a9-812a-4668-aa14-c5e79798b137

BC Rail court charade leaves only the public in the dark

Victoria lawyer Kevin McCullough looked as if he wasn't sure whether to fulminate or tap-dance as another make-work hearing over the unprecedented and infamous 2003 raid on the B.C. legislature wound down.

By The Vancouver Sun July 28, 2008



Victoria lawyer Kevin McCullough looked as if he wasn't sure whether to fulminate or tap-dance as another make-work hearing over the unprecedented and infamous 2003 raid on the B.C. legislature wound down. SNIP
 
http://www.libelandprivacy.com/pipa_courtrulings.html

McConchie Law Corporation
 
he was also asked to stop giving testimony as it was all about Haisla customary courts and tribal law.

If I'm not mistaken, somewhere along in a Supreme Court of Canada decision that customary law and tribal law is part of Common Law in the same way that customary law and tribal law in England was codified into Common Law. i.e. customary law has its place in court, especially when customary tradition- (the powers/obligations of a hereditary chief, for instance.

I'm not sure which case it was, it may have been Delgamuukw.....
 
Skookum1,

I think Merv Ritchie would appreciate having you leave this comment on his Terrace Daily Online story.

I could pass it along, if you wish.

It's important ... and I had forgotten it too. I knew, but I had forgotten it. Shame on me.

Thanks, Skookum1. You are worth your weight in gold ... except that gold wouldn't provide us with living history the way you do. Thanks again.
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I think the court settled it right. I hope some issues really solve by this matter. :D
 
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