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.
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
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:
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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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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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