Who is Thomas Berger?

By JIM BELL

Thomas Berger, 72, didn’t invent the idea of aboriginal rights, but the renowned jurist from British Columbia may have done more than any other single individual to ensure that aboriginal rights are recognized in Canadian law and firmly embedded in the Constitution.

Here are some of his accomplishments:

1965: Berger agrees to represent the Nisga’a people of northern British Columbia in a court case – called the “Calder” case after Nisga’a leader Frank Calder – aimed at establishing their aboriginal title.
1973: The Supreme Court of Canada produces a split, 3-3, decision on the Calder case. But the federal government is forced to recognize many of Berger’s arguments, and they open land claim talks with Inuit, Dene and many other aboriginal groups whose aboriginal title is not yet extinguished.
1977: Berger heads an inquiry into a proposed pipeline down the Mackenzie valley, and recommends that the project be delayed for 10 years until after land claims are settled.
1983: Berger heads the Alaska Native Review Commission in an inquiry sponsored by the Inuit Circumpolar Conference, to look into widespread dissatisfaction with Alaska’s 1971 land claims agreement.

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