Tuesday, October 11, 2011

 

Campbell has now put brackets of treachery around his term of office as BC premier.

.
Significant update (thank you, E.M.) included at the end.

BC Mary comment: Campbell has now put brackets of treachery around his term of office as BC premier.  Just look: beginning with this effort to dismiss the Nisga'a Treaty Reasons for Judgment HERE:

http://www.courts.gov.bc.ca/jdb-txt/sc/00/11/s00-1123.htm

and concluding with this week's obvious effort to dismiss the force and effect of the oiginal Delgamuukw treaty.


Citation:    Campbell et al v. AG BC/AG Cda & Nisga'a Nation et al   
Date:

20000724

2000 BCSC 1123   
Docket:

A982738

Registry: Vancouver

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

GORDON M. CAMPBELL,
MICHAEL G. de JONG
AND
GEOFFREY PLANT

PLAINTIFFS

AND:

ATTORNEY GENERAL OF BRITISH COLUMBIA,
ATTORNEY GENERAL OF CANADA
AND
THE NISGA'A NATION

DEFENDANTS

AND:

THE In-SHUCK-ch N'Quat'qua
AND
TE FIRST NATIONS SUMMIT

INTERVENORS



REASONS FOR JUDGMENT
OF THE
HONOURABLE MR. JUSTICE WILLIAMSON


Counsel for the Plaintiffs:   
S. Bradley Armstrong
Ron A. Skolrood
Marko Vesely

Counsel for the Attorney General of Canada;
Charlotte Bell, Q.C.
Gerald Donegan, Q.C.
John Russell
Cheryl Kerr
Jennifer August

Counsel for the Attorney General of British Columbia:
Joseph J. Arvay, Q.C.
Catherine J. Parker

Counsel for the Nisga'a Nation:

Thomas R. Berger, Q.C.
James R. Aldridge

Counsel for the Intervenor,
In-SHUCK-ch N'Quat'qua:
Robert J.M. Janes

Counsel for the First Nations Summit:
Hugh M.G. Braker, Q.C.

Dates and Place of Trial:   
May 15 - 19, 2000
May 22 -26, 2000
May 29, 2000
Vancouver, B.C.

Contents

Background   
4

The Parties and Their Positions   
7

History   
10

The Nisga'a Treaty   
15

Legislative Powers of the Nisga'a Govt.   
19

Sections 91 and 92: The Division of Powers   
24

Preamble to Constitution Act, 1867   
26

Do Ss. 91 & 92 Exhaust Legislative Power   
28

Recognition of Aboriginal Law After Confederation   
34

1823-32: Chief Justice Marshall's Cases   
36

1867 and After: Post-Confederation Cases   
40

1982: S. 35 of the Constitution Act, 1982   
46

1990: Sparrow and Aboriginal Rights   
48

1996: Badger and Aboriginal Rights   
52

1997: Delgamuukw in the Supreme Court   
54

Does S. 35 Protect Self-Government?   
57

Royal Assent   
60

Canadian Charter of Rights and Freedoms   
63

The Framework   
69

Summary   
73

Result   
76


[1] The plaintiffs seek an order declaring that the Nisga'a Treaty recently concluded between Canada, British Columbia and the Nisga'a Nation is in part inconsistent with the Constitution of Canada and therefore in part of no force and effect. For the reasons which follow, I conclude the application should be dismissed ...



BC Mary comment:  Not in 4-1/2 years with over 2,000 postings, have I chosen a news item for this blog which does not, in some way, refer to the Great BC Rail Train Robbery. The substance and style of each new Campbell outrage have become familiar: make a promise/get elected/get schemes okayed/legislate to cover errors/break the original promise.  This deal has Campbell-prints all over it.

Campbell has bracketed his term of office with two particularly deceitful legal actions against First Nations. Thinking back ... there was a referendum ... and this deliberate BC Supreme Court challenge of Nisga'a ... on and on it went ... concluding with the current smack-down of Delgamuukw.  What does it mean? It means winner-takes-all, and once again, that means Campbell is the winner.  The BC Rail giveaway was the first and worst of Campbell's crimes against British Columbia.  We should've stopped that deal. We now know that we could've stopped that deal. But many citizens were caught up in the Campbell campaign style. [Fact is: we can still stop and reverse the BC Rail Deal, if we wish. And we can look after the other issues, too, if we wish.]

Some call Gordon Campbell visionary and give him awards. Others call his actions legislated criminality and in my view, the Tsawwassen deal was an outstanding example of that: offer to "give" the Tsawwassen First Nation their own land and the legislated  freedom to do whatever they please with it; send the Tsawwassen chief on a lovely voyage, all expenses paid, while she thinks about that; and
voila!

Deltaport is booming, roaring maniacally as the Gateway to Asia. Big deal for the Tsawwassen.  In truth, it's the same "big deal" that's been handed to the Haisla First Nation covering their lands. Same big deal that "sold the farm" to put a possible $1Billion into BC's general revenue. Same horrifying deal for destroying BC Hydro that's being arranged right under our noses. 


So is Gordon Campbell in jail (again)? No. Oh, no no no. Make no mistake, for his valuable work, Campbell, got the best award in Stephen Harper's goody-bag: the High Commissioner's trophy-job next-door to Buckingham Palace. Gordo is laughing. At our expense. Again.

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E.M has left a new comment on your post "Campbell has now put brackets of treachery around ...":

I had to come back to this post about this Court date to see the Date, case 2000, posted here Oct 11/11. I just read a case that was finally decided October 19th 2011 after 7 months since the Trial!!!

Date: 20111019

Docket: L000808

Registry: Vancouver BCSC

October 4-8, 12-13, 2010,
January 11-14, and
March 1-2, 2011


Chief Mountain v. British Columbia (Attorney General), Plaintiff Between:

Sga’nisim Sim’augit (Chief Mountain), also known as James Robinson, suing on his own behalf and on behalf of all the members of the House of Sga’nisim, Nisibil Ada, also known as Mercy Thomas and Wilp-Lth Git Gingolx (“The Association of Git Gingolx Tribe Members”) suing on its own behalf and on behalf of all its members


The Attorney General of Canada,
Her Majesty in Right of British Columbia and the Nisga’a Nation

Defendants

Factum in the Campbell Case
[46] As I have already described, the plaintiffs in Campbell were Gordon Campbell, then Leader of the Opposition, and Michael de Jong and Geoffrey Plant, also Opposition Members of the provincial Legislative Assembly. After Mr. Justice Williamson handed down his decision in Campbell on July 24, 2000, they filed an appeal. The day before the provincial election of May 15, 2001, their counsel filed a factum in that appeal. After the election, the plaintiffs in the Campbell case became members of Her Majesty’s Government rather than Her Majesty’s Loyal Opposition, and Mr. Campbell, as leader of the successful party, became Premier of the Province. The plaintiffs then abandoned their appeal.

I found this interesting note Messrs and muzzling

95 "“No Party will challenge, or support a challenge to, the validity of any provision of this Agreement.” Mr. Jaffe adopts the terminology used by former British Columbia Attorney General Alex MacDonald, and calls this the “trap” provision, having the effect of “muzzling” Messrs. Campbell, de Jong and Plant from further challenging the Treaty."


Source:

http://www.courts.gov.bc.ca/jdb-txt/SC/11/13/2011BCSC1394.htm#_Toc306699538


Comments:
I had to come back to this post about this Court date to see the Date, case 2000, posted here Oct 11/11. I just read a case that was finally decided October 19th 2011 after 7 months since the Trial!!!

Date: 20111019

Docket: L000808

Registry: Vancouver BCSC

October 4-8, 12-13, 2010,
January 11-14, and
March 1-2, 2011


Chief Mountain v. British Columbia (Attorney General),PlaintiffBetween:

Sga’nisim Sim’augit (Chief Mountain), also known as James Robinson, suing on his own behalf and on behalf of all the members of the House of Sga’nisim, Nisibil Ada, also known as Mercy Thomas and Wilp-Lth Git Gingolx (“The Association of Git Gingolx Tribe Members”) suing on its own behalf and on behalf of all its members


The Attorney General of Canada,
Her Majesty in Right of British Columbia and the Nisga’a Nation

Defendants

Factum in the Campbell Case
[46] As I have already described, the plaintiffs in Campbell were Gordon Campbell, then Leader of the Opposition, and Michael de Jong and Geoffrey Plant, also Opposition Members of the provincial Legislative Assembly. After Mr. Justice Williamson handed down his decision in Campbell on July 24, 2000, they filed an appeal. The day before the provincial election of May 15, 2001, their counsel filed a factum in that appeal. After the election, the plaintiffs in the Campbell case became members of Her Majesty’s Government rather than Her Majesty’s Loyal Opposition, and Mr. Campbell, as leader of the successful party, became Premier of the Province. The plaintiffs then abandoned their appeal.

I found this interesting note Messrs and muzzling

95 "“No Party will challenge, or support a challenge to, the validity of any provision of this Agreement.” Mr. Jaffe adopts the terminology used by former British Columbia Attorney General Alex MacDonald, and calls this the “trap” provision, having the effect of “muzzling” Messrs. Campbell, de Jong and Plant from further challenging the Treaty."

http://www.courts.gov.bc.ca/jdb-txt/SC/11/13/2011BCSC1394.htm#_Toc306699538
 
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