We are getting tired. I am getting tired. But is too interesting to miss a minute. My legal writing is improving so is my analysis - I just hope it improves enough to make it through. It's definitely a law boot camp where they use the socratic method most often - which basically involves scaring us.
Just a quick note for you. A woman, her common law husband and his brother sold 10 salmon for $50. Turns out it was a constitutional matter, about 4 years and likely a million dollars in lawyer fees - seems a bit strange to me.
Turns out they were not allowed to sell the fish.
Friday, June 24, 2011
Thursday, June 9, 2011
Specific Claims Tribunal
Many apologies for not posting anything for a few days. I guess I am little surprised how interested people are in hearing about these issues.
Also, in case I haven't mentioned, their motto here is 'Read 'til your eyes bleed'. So I've been reading. A lot.
Anyhow, enough complaining. We had a very interesting speaker yesturday, the Honorable Harry Slade QC who heads up the newly formed Specific Claims Tribunal.
Essentially, and from my understanding, there is sufficient enough specific claims by First Nations whereas the conventional court system is not able to effectively resolve the issues that warrant a resolution somewhat external to the system - hence the creation of the Specific Claims Tribunal.
They still have to act within the law, but have considerably more flexibility on such matters as to what is admissable to evidence (i.e. oral history) and can greatly reduce the otherwise conventional delay tactics used by lawyers, arrggghhh those lawyers.
The creation of the Specific Rights Tribunal was supported by every federal party in 2008 and speaks to the will of Canada, or successful pressure from the indigenous, depending on how you look at it, to force the settlement of land claims.
I think this may be especially important for the Douglas Reserve Initiative since, from what I can gather, might meet the qualifications to be considered by the tribunal, if the current legislative action is unsuccessful. There is however a $150M cap on compensation for lost land.
On a side note, he told us that he didn't particularly like law school. When asked if he had any advice for young law students he recommended marijuana (but qualified that he himself never partook).
I included the link for those of you who are interested.
http://www.sct-trp.ca/hom/index_e.htm
**Just interesting; you used to have to get the permission of British Columbia to sue them. Usually they would decline your offer.
Cheers!
c
Also, in case I haven't mentioned, their motto here is 'Read 'til your eyes bleed'. So I've been reading. A lot.
Anyhow, enough complaining. We had a very interesting speaker yesturday, the Honorable Harry Slade QC who heads up the newly formed Specific Claims Tribunal.
Essentially, and from my understanding, there is sufficient enough specific claims by First Nations whereas the conventional court system is not able to effectively resolve the issues that warrant a resolution somewhat external to the system - hence the creation of the Specific Claims Tribunal.
They still have to act within the law, but have considerably more flexibility on such matters as to what is admissable to evidence (i.e. oral history) and can greatly reduce the otherwise conventional delay tactics used by lawyers, arrggghhh those lawyers.
The creation of the Specific Rights Tribunal was supported by every federal party in 2008 and speaks to the will of Canada, or successful pressure from the indigenous, depending on how you look at it, to force the settlement of land claims.
I think this may be especially important for the Douglas Reserve Initiative since, from what I can gather, might meet the qualifications to be considered by the tribunal, if the current legislative action is unsuccessful. There is however a $150M cap on compensation for lost land.
On a side note, he told us that he didn't particularly like law school. When asked if he had any advice for young law students he recommended marijuana (but qualified that he himself never partook).
I included the link for those of you who are interested.
http://www.sct-trp.ca/hom/index_e.htm
**Just interesting; you used to have to get the permission of British Columbia to sue them. Usually they would decline your offer.
Cheers!
c
Monday, June 6, 2011
Delgamuukw
Delgamuukw v. The Queen is a Supreme Court of Canada appeal that essentially ammended the laws of admissible evidence specific to Aboriginal claim allowing for oral histories. It was filed by the Wet'suwet'en and the Gitksan who were claiming 58 000 square kilometers of land (larger than the province of Nova Scotia).
It was a big case - and the stats on it tell exactly how big:
It was a big case - and the stats on it tell exactly how big:
- 318 days of testimony
- 61 witnesses (many using translators from their native language
- 'word spellers' had to assist the official court reporters
- 53 territorial affidavits were filed
- 23,503 pages of transcript evidence
- 5,898 pages of transcript argument
- 3,039 pages of commission evidence
- 2,553 pages of cross-examination on affidavits
- 9,200 exhibits were filed (well over 50,000 pages)
- the plantiff's draft 'outline' of argument was 3.250 pages
- the province's 1,975 pages (28 large binders of documents)
- resulting judgement was over 400 pages in length
Saturday, June 4, 2011
Interesting little note
Good morning everyone.
It's Saturday and a little bit cold.
We came across this little bit of information - when you are sworn in as a lawyer in Canada you are required to swear your allegience to the Crown. Which is fine enough, unless you are working for an indigenous group who is refuting Crown title.
I don't believe it has happened in a long time, but we saw an example of lawyers remaining committed to the Crown despite their Aboriginal clients' claim. And in fact working against their clients.
Bizzare.
Second little thing - once you have a land use plan, zoning and by-laws and the process by which those are passed or amended is extremely powerful. Your land could be expropriated concievably for green space. The example we were looking at was with CP Rail who had an inactive line right through the middle of Vancouver where the city passed a by-law that said it had to remain a public passage way and could not be sold into smaller parcels.
This basically disolved its otherwise super valuable real estate value.
Anyway, don't quote me on these things - I'm just a law student with 9 whole days of experience. I just thought you might find them interesting to think about.
A big thank you to Sandra and her group for Safeway giftcards - and those who bought squares in the hockey pool.
Kukstemc.
Chrystie
It's Saturday and a little bit cold.
We came across this little bit of information - when you are sworn in as a lawyer in Canada you are required to swear your allegience to the Crown. Which is fine enough, unless you are working for an indigenous group who is refuting Crown title.
I don't believe it has happened in a long time, but we saw an example of lawyers remaining committed to the Crown despite their Aboriginal clients' claim. And in fact working against their clients.
Bizzare.
Second little thing - once you have a land use plan, zoning and by-laws and the process by which those are passed or amended is extremely powerful. Your land could be expropriated concievably for green space. The example we were looking at was with CP Rail who had an inactive line right through the middle of Vancouver where the city passed a by-law that said it had to remain a public passage way and could not be sold into smaller parcels.
This basically disolved its otherwise super valuable real estate value.
Anyway, don't quote me on these things - I'm just a law student with 9 whole days of experience. I just thought you might find them interesting to think about.
A big thank you to Sandra and her group for Safeway giftcards - and those who bought squares in the hockey pool.
Kukstemc.
Chrystie
Thursday, June 2, 2011
Human Genome Diversity Project
First, I was remiss in thanking people for the numerous gift cards. They have kept me fed, watered and caffinated for a week and a half now.
I wanted to tell you about an issue we talked about the past few days.
The Human Genome Diversity Project.
Basically there is an international research project that has interest in looking at isolated communities (primarily indigenous communities) and taking blood samples under the guise that they are doing diabetes testing, but in reality they patent their genes for future scientific findings that are propietary in nature.
Essentially, they lay claim to indigenous genes that may have the key to curing some types of diseases or conditions, producing the pharmaseutical remedy and profiting from it.
The issues we discussed was 'who owns the blood cells'? In that do they constitute personal property? And also if those cells can be used for scientific experiment if the people who have given blood were not told exactly what it was being used for?
Essentially there was a court opinion in California that said nope you don't own your blood once it leaves your body, but the doctor ought to tell you what is being used for. The opinion isn't holding up in reality - doctors continue to claim that they are taking blood to help, especially this group of isolated indigenous people in Colombia, then patening the rights to the blood.
It also happened in Oklahoma - meaning its coming closer to Canada.
Lesson - everytime someone asks to take your blood for whatever reason, ask them to give you all of the reasons they want it.
Check out a documentary named 'Gene Hunters' or a book named 'Global Biopiracy' if you are interested.
I wanted to tell you about an issue we talked about the past few days.
The Human Genome Diversity Project.
Basically there is an international research project that has interest in looking at isolated communities (primarily indigenous communities) and taking blood samples under the guise that they are doing diabetes testing, but in reality they patent their genes for future scientific findings that are propietary in nature.
Essentially, they lay claim to indigenous genes that may have the key to curing some types of diseases or conditions, producing the pharmaseutical remedy and profiting from it.
The issues we discussed was 'who owns the blood cells'? In that do they constitute personal property? And also if those cells can be used for scientific experiment if the people who have given blood were not told exactly what it was being used for?
Essentially there was a court opinion in California that said nope you don't own your blood once it leaves your body, but the doctor ought to tell you what is being used for. The opinion isn't holding up in reality - doctors continue to claim that they are taking blood to help, especially this group of isolated indigenous people in Colombia, then patening the rights to the blood.
It also happened in Oklahoma - meaning its coming closer to Canada.
Lesson - everytime someone asks to take your blood for whatever reason, ask them to give you all of the reasons they want it.
Check out a documentary named 'Gene Hunters' or a book named 'Global Biopiracy' if you are interested.
Wednesday, June 1, 2011
Overwhelmed by the support!
I wanted to find a way to thank everyone who has been so supportive of my pursuit of a law degree, so I thought some of you might find it interesting to know what I have been learning so far.
My particular thank you goes to those who continue to be so supportive at the Tk'emlups te Secwepemc. For those who don't know me that well, I am KIB member, my dad is Brian Camille and my mom is Debi Stewart. I don't think they ever expected their kid to go to school for this long.
Anyway, about Saskatoon.
The program that I am in is named the Program of Legal Studies for Native People and our focus is property law which includes Aboriginal property, real property and personal property. From time to time we also look at some customary law.
I have been accepted to both the University of Victoria and Thompson Rivers University Faculties of Law, but my acceptance to TRU was conditional on me completing this program. And so be it. It is lovely here and the curriculum is quite facinating to me.
Sharon Venne and Wendy Whitecloud are both indigenous lawyers who have worked on some of the larger human rights cases in Canada. They are tough, but nobody promised this would be easy.
I thought some of you would be interested in knowing about some of the issues that are working on so that is what I intend to post unless I hear otherwise.
So thank you again for the 50/50's, it is very much appreciated and I promise that I am working hard.
My particular thank you goes to those who continue to be so supportive at the Tk'emlups te Secwepemc. For those who don't know me that well, I am KIB member, my dad is Brian Camille and my mom is Debi Stewart. I don't think they ever expected their kid to go to school for this long.
Anyway, about Saskatoon.
The program that I am in is named the Program of Legal Studies for Native People and our focus is property law which includes Aboriginal property, real property and personal property. From time to time we also look at some customary law.
I have been accepted to both the University of Victoria and Thompson Rivers University Faculties of Law, but my acceptance to TRU was conditional on me completing this program. And so be it. It is lovely here and the curriculum is quite facinating to me.
Sharon Venne and Wendy Whitecloud are both indigenous lawyers who have worked on some of the larger human rights cases in Canada. They are tough, but nobody promised this would be easy.
I thought some of you would be interested in knowing about some of the issues that are working on so that is what I intend to post unless I hear otherwise.
So thank you again for the 50/50's, it is very much appreciated and I promise that I am working hard.
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