Thomas R. Berger
|Member of the Canadian Parliament |
|Preceded by||John Russell Taylor|
|Succeeded by||Ron Basford|
|Member of the Legislative Assembly of British Columbia for Vancouver-Burrard|
|Supreme Court of British Columbia judge|
Thomas Rodney Berger
March 23, 1933
Victoria, British Columbia
|Political party||New Democratic Party|
Thomas Rodney Berger, QC OC OBC (born March 23, 1933) is a Canadian politician and jurist of Swedish descent. Berger was the leader of the British Columbia New Democratic Party for most of 1969, prior to Dave Barrett. Justice Berger may be best known for his work as the Royal Commissioner of the Mackenzie Valley Pipeline Inquiry which released its findings in 1977.
In the United Kingdom and in some Commonwealth countries, a Queen's Counsel during the reign of a queen, or King's Counsel during the reign of a king, is a lawyer who is appointed by the monarch of the country to be one of "Her [His] Majesty's Counsel learned in the law". The position originated in England. Some Commonwealth countries have either abolished the position, or re-named it to eliminate monarchical connotations, such as "Senior Counsel" or "Senior Advocate".
The Order of Canada is a Canadian national order and the second highest honour for merit in the system of orders, decorations, and medals of Canada. It comes second only to membership in the Order of Merit, which is the personal gift of Canada's monarch.
The Order of British Columbia is a civilian honour for merit in the Canadian province of British Columbia. Instituted in 1989 by Lieutenant Governor David Lam, on the advice of the Cabinet under Premier Bill Vander Zalm, the order is administered by the Governor-in-Council and is intended to honour current or former British Columbia residents for conspicuous achievements in any field, being thus described as the highest honour amongst all others conferred by the British Columbia Crown.
Born in Victoria, British Columbia he is the son of Royal Canadian Mounted Police (RCMP) sergeant Theodor Berger, and, his wife, Perle, née McDonald. Theodor Berger was the son of Ivar Theodor Berger (1861–1937), a police judge in Gothenburg, Sweden, and his wife, née Baroness Hedvig Taube af Odenkat, a member of the Swedish nobility.
Victoria is the capital city of the Canadian province of British Columbia, located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of 85,792, while the metropolitan area of Greater Victoria has a population of 367,770, making it the 15th most populous Canadian metropolitan area. Victoria is the 7th most densely populated city in Canada with 4,405.8 people per square kilometre, which is a greater population density than Toronto.
British Columbia is the westernmost province of Canada, located between the Pacific Ocean and the Rocky Mountains. With an estimated population of 5.071 million as of 2019, it is Canada's third-most populous province.
The Royal Canadian Mounted Police is the federal and national police service of Canada. The RCMP provides law enforcement at the federal level. It also provides provincial policing in eight of Canada's provinces and local policing on contract basis in the three territories and more than 150 municipalities, 600 aboriginal communities, and three international airports. The RCMP does not provide active provincial or municipal policing in Ontario or Quebec. However, all members of the RCMP have jurisdiction as a peace officer in all parts of Canada, including Ontario and Quebec.
Thomas R. Berger was elected at the age of 29 to the House of Commons in the 1962 election, representing the riding of Vancouver—Burrard for the New Democratic Party. However, in the 1963 election, he was defeated by Liberal opponent Ron Basford.
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons currently meets in a temporary Commons chamber in the West Block of the parliament buildings on Parliament Hill in Ottawa, while the Centre Block, which houses the traditional Commons chamber, undergoes a ten-year renovation.
The Canadian federal election of 1962 was held on June 18, 1962 to elect members of the House of Commons of Canada of the 25th Parliament of Canada. When the election was called, Progressive Conservative (PC) Prime Minister John Diefenbaker had governed for four years with the then-largest majority in the House of Commons in Canadian history.
Vancouver—Burrard was a federal electoral district in British Columbia, Canada, that was represented in the House of Commons of Canada from 1925 to 1968.
He was elected to the Legislative Assembly of British Columbia in the 1966 BC election. Described as a "Young Turk" and "young man in a hurry," Berger challenged long-time BC CCF/NDP leader Robert Strachan for the party leadership in 1967. Strachan defeated Berger but, sensing the winds of change, resigned in 1969. Berger defeated another young MLA, Dave Barrett to win the leadership convention and was widely expected to lead the NDP to its first ever general election victory. Social Credit Premier W.A.C. Bennett called an early snap election and, instead of victory, Berger's NDP lost four seats. He quickly resigned and was succeeded by Dave Barrett.
The Legislative Assembly of British Columbia is the deliberative assembly of the Parliament of British Columbia, in the province of British Columbia, Canada. The Legislative Assembly meets in Victoria. Members are elected from provincial ridings and are referred to as Members of the Legislative Assembly (MLAs). Bills passed by the legislature are given royal assent by Elizabeth II, Queen of Canada, represented by the Lieutenant Governor of British Columbia.
The 1966 British Columbia general election was the 28th general election in the Province of British Columbia, Canada. It was held to elect members of the Legislative Assembly of British Columbia. The election was called on August 5, 1966 and held on September 12, 1966. The new legislature met for the first time on January 24, 1967.
Robert Martin Strachan was a trade unionist and politician. He was the longest serving Leader of the Opposition in British Columbia history.
Appointed to the Supreme Court of British Columbia in 1972, he served on the bench until 1983. Berger focused extensively on ensuring that industrial development on Aboriginal people's land resulted in benefits to those indigenous people. He may be best known for his work as the Royal Commissioner of the Mackenzie Valley Pipeline Inquiry which released its findings 9 May 1977.
The Supreme Court of British Columbia (BCSC) is the superior trial court for the province of British Columbia, Canada. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the BCSC bench in addition to supernumary judges, making for a grant total of 108 judges. There are also 13 Supreme Court masters who hear and dispose of a wide variety of applications in chambers.
The Mackenzie Valley Pipeline Inquiry, also known as the Berger Inquiry after its head Justice Thomas Berger, was commissioned by the Government of Canada on March 21, 1974 to investigate the social, environmental, and economic impact of a proposed gas pipeline that would run through the Yukon and the Mackenzie River Valley of the Northwest Territories. This proposed pipeline became known as the Mackenzie Valley Pipeline.
In 1981 when Canada was debating the merits of a diversity of provisions in the proposed Charter of Rights and Freedoms, Berger wrote an open letter to the Globe and Mail newspaper asserting that the rights of Aboriginal Canadians and women needed to be included in any proposed charter. In 1983 he was reprimanded by the Canadian Judicial Council for this activism, even though his comments "did not related to any existing statute or court decision". Shortly thereafter he chose to resign as a judge and returned to practice as a lawyer.Berger's expertise and reputation for thorough and independent assessment were immediately seen as an asset for indigenous communities. He was invited by the Inuit Circumpolar Conference to lead the Alaska Native Review Commission (1983-1985) which culminated in the publication of "Village Journey (1985)".
In 1995, Thomas Berger was appointed Special Counsel to the Attorney General of BC to inquire into allegations of sexual abuse at the Jericho Hill School for the Deaf in British Columbia, Berger was asked to investigate these allegations and produce a report. This site, http://www.survivingthepast.ca/gillsterinc/schools/Law_Courts.htm#4-1_History.htm%5B%5D offers a detailed record of the case and breaks it down into helpful subtopics, such as the history of this school and these allegations, the nature of the alleged abuse, attempts to heal from this trauma, and the legal proceedings. His recommendation for relief and compensation for those who were abused was accepted.
Berger was appointed chair of the Vancouver Election Commission in 2003, and led several public meetings on electoral reform in the early months of 2004. The Commission recommended changing Vancouver's at-large system of representation with individual wards; however, this recommendation was defeated in a referendum held on October 16, 2004.
Appointed in 2005 as Conciliator to resolve the impasse of the Government of Canada, Government of Nunavut and Nunavut Tunngavik Incorporated in reaching a common way forward for the Nunavut Land Claims Implementation Contract, Berger completed "The Nunavut Project" in 2006. His report addresses the fundamental changes needed to implement Article 23 (Inuit Employment within Government) of the Nunavut Land Claims Agreement, including the need for a strong indigenous education system.
Justice Berger chaired a Royal Commission on Family and Children's Law from 1973 to 1975. He was commissioner of the Mackenzie Valley Pipeline from 1974 to 1977.From 1979 to 1980 he chaired his third Royal Commission on Indian and Inuit healthcare. In 1978, Indian bands and organizations such as the Union of B.C. Chiefs, the Native Brotherhood and United Native Nations, engaged in intense lobbying for Indians to control delivery of health services in their own communities and for the repeal of restrictive service "guidelines introduced in September 1978, to correct abuses in health delivery, and to deal with the environmental health hazards of mercury and fluoride pollution affecting particular communities." In September, 1979, David Crombie, a liberal-minded reformer, as Minister of Health and Welfare under the Conservative government Prime Minister Joe Clark, issued a statement representing "current Federal Government practice and policy in the field of Indian health." Crombie declared that the "Federal Government is committed to joining with Indian representatives in a fundamental review of issues involved in Indian health when Indian representatives have developed their position, and the policy emerging from that review could supersede this policy". Crombie appointed Doctor Gary Goldthorpe, as commissioner of the federal inquiry (known as the Goldthorpe Inquiry) into "alleged abuses in medical care delivery at Alert Bay, British Columbia." In 1980 Justice Berger, who headed his third royal commission dealing with Indian and Inuit healthcare, recommended to Crombie "that there be greater consultation with Indians and Inuit regarding the delivery of healthcare programs and that an annual sum of $950,000 was allocated for distribution by the National Indian Brotherhood to develop health consultation structures within the national Indian community." Crombie's successor as Liberal Minister of Health and Welfare, Monique Begin, adopted Berger's recommendations, ushering in the beginning of a change in the way in which health delivery.
In 1989, he was made an Officer of the Order of Canada.He is a member of the Order of British Columbia. As of 2006 he sits on the advisory council of the Order of Canada, which researches the merits of future members of the Order and advises the Governor General of Canada on new appointments. He is an honorary member of the Royal Military College of Canada, student #S153. In 2012, he was awarded the Queen Elizabeth II Diamond Jubilee Medal
Thomas Berger would contend that the reconciliation between Indigenous and non-Indigenous peoples could be facilitated by the Canadian judicial system. In his discussion of Berger’s life, Swayze asserts that Berger “believes, and believes passionately, in the integrity of Canada’s system of equitable justice and its attendant jurisprudence.” Throughout his career, Berger dedicated his life to law and to politics. He is recognized for his work on the Mackenzie Valley Pipeline Inquiry and the subsequent publication of The Berger Report. As Commissioner, Berger recommended that, “on environmental grounds, no pipeline be built and no energy corridor be established across the Northern Yukon” and that any pipeline construction be postponed until native claims could be settled. Despite his belief in the judicial system, Berger acknowledged that there were certain issues that could be dealt with outside of the courts. For instance, as Commissioner for the Royal Commission on Family Law, he stated: “The philosophy inherent in all thirteen of the commission’s reports is that legal sanctions should, in many cases, be a last resort, and to this end recommendations focused on the effective use of human rather than legislated solutions.”
One of Berger’s intellectual contributions is the idea that Canada’s relationship with Indigenous people can serve to strengthen the country instead of weakening it. For Berger, Canada is divided into two parts: Indigenous nations and everyone else. In his speech entitled, “My Idea of Canada,” he states: “I think diversity has become the essence of the Canadian experience and it is our strength. It’s not a weakness. We’re not addicted to bogus patriotism. We believe in diversity. We believe in being a good citizen of the world.” The plurality of the Canadian nation, Berger notes, sometimes makes Canada a difficult country to govern, however, he suggests that Canada “could be the prototype nation state of the 21st century in which a citizen’s identity does not have to be authenticated by a spurious nationalism.” In Fragile Freedoms, Berger calls for attention to be paid not only to the problems facing the developing world, but also to those nations within Canada that are suffering. Berger states that he believes “in the uses of democratic institutions …[as] the means to the dispersal of political and economic power. [Democratic institutions] will be strengthened by the Constitution and Charter which offer those who are under attack a place to stand, ground to defend, and the means for others to come to their aid.” Berger’s intellectual treatment of the legal system and its applications have enhanced the concepts of equality and rights for Indigenous people under Canadian law.
Indigenous peoples in Canada, also known as Aboriginal Canadians or by the initialism FNIM, are the indigenous peoples within the boundaries of Canada. They comprise the First Nations, Inuit and Métis. Although "Indian" is a term still commonly used in legal documents, the descriptors "Indian" and "Eskimo" have somewhat fallen into disuse in Canada and some consider them to be pejorative. Similarly, "Aboriginal" as a collective noun is a specific term of art used in some legal documents, including the Constitution Act, 1982, though in some circles that word is also falling into disfavour.
An inuksuk is a manmade stone landmark or cairn built for use by the Inuit, Iñupiat, Kalaallit, Yupik, and other peoples of the Arctic region of North America. These structures are found in northern Canada, Greenland, and Alaska. This combined region, above the Arctic Circle, is dominated by the tundra biome and has areas with few natural landmarks.
The Minister of Crown–Indigenous Relations is one of two Cabinet ministers that administer Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), which is responsible for administering the Indian Act and other legislation dealing with "Indians and lands reserved for the Indians" under subsection 91(24) of the Constitution Act, 1867. The minister is also more broadly responsible for overall relations between the federal government and First Nations, Métis, and Inuit. The position was created alongside the Minister of Indigenous Services when Prime Minister Justin Trudeau announced on August 28, 2017 that the federal government intended to abolish the Indigenous and Northern Affairs Canada department.
In Canada, an Indian reserve is specified by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band."
David Edward Crombie is a Canadian politician, professor and consultant. Crombie served as mayor of Toronto from 1972 to 1978. In federal politics, he served as a Progressive Conservative Member of Parliament from 1978 to 1988 serving in several cabinet positions.
Stuart Milton Hodgson, sometimes known as Stu, OC was Commissioner of the Northwest Territories (NWT) from March 2, 1967 until April 6, 1979. The first Commissioner to actually reside in the Northwest Territories, he was a leader in the construction of a semiautonomous, responsible self-government run by residents of the territory. He was appointed as a citizenship judge in British Columbia in December 1997 and served until 2005. Born in Vancouver, British Columbia, the second son of Allan and Mary Hodgson, Hodgson was one of the founders of the Arctic Winter Games - which began in Yellowknife in 1970 for athletes from Alaska, Yukon, and the NWT – and which now also include Greenland, parts of Arctic Russia, as well as Northern Alberta and Nunavik, and the new territory Nunavut which was formed from NWT in 1999. He was appointed as an Officer of the Order of Canada on December 18, 1970 for his service to labour and government. Subsequently he received the Queen's commemorative medals for her silver, golden, and the Queen Elizabeth II Diamond Jubilee Medal (2012); as well as the Canada 125 medal in 1992.
Peter Taqtu Irniq is an Inuk politician in Canada, who served as the second Commissioner of Nunavut from April 2000 to April 2005.
The Department of Indian Affairs and Northern Development (DIAND), referred to by its applied title under the Federal Identity Program as Indigenous and Northern Affairs Canada (INAC),, is the department of the government of Canada with responsibility for policies relating to Aboriginal peoples in Canada, that comprise the First Nations, Inuit, and Métis.
Nunavut Tunngavik Incorporated is the legal representative of the Inuit of Nunavut for the purposes of native treaty rights and treaty negotiation. The presidents of NTI, Makivik Corporation, Nunatsiavut, and the Inuvialuit Regional Corporation, the four regional land claims organizations, govern the national body, the Inuit Tapiriit Kanatami (ITK) as its board of directors. NTI continues to play a central role in Nunavut, even after the creation of the Government of Nunavut. As the successor of the Tunngavik Federation of Nunavut, which was a signatory of the Nunavut Land Claims Agreement on behalf of Inuit, NTI is responsible for ensuring that the Nunavut Land Claims Agreement is implemented fully by the Government of Canada and the Government of Nunavut and that all parties fulfill their obligations.
The Royal Commission on Aboriginal Peoples (RCAP) was a Canadian Royal Commission established in 1991 to address many issues of Aboriginal status that had come to light with recent events such as the Oka Crisis and the Meech Lake Accord. The commission culminated in a final report of 4,000 pages, published in 1996. The original report "set out a 20-year agenda for implementing changes."
Nunavut is the newest, largest, and most northerly territory of Canada. It was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the boundaries had been drawn in 1993. The creation of Nunavut resulted in the first major change to Canada's political map since incorporating the province of Newfoundland in 1949.
Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to Indigenous peoples in Canada. Thus, Canadian Aboriginal Law is different from Indigenous Law. In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. Canadian Aboriginal law provides certain Constitutionally recognized rights to land and traditional practices. Aboriginal is a term used in the Constitution of Canada and includes First Nations, Inuit and Métis people. Canadian Aboriginal Law enforces and interprets certain treaties between the government and Indigenous people, and manages much of their interaction. A major area of Aboriginal law involves the duty to consult and accommodate.
Abraham "Abe" Okpik, CM was an Inuit community leader in Canada. He was instrumental in helping Inuit obtain surnames rather than disc numbers as a form of government identification. He was also the first Inuk to sit on what is now the Legislative Assembly of the Northwest Territories and worked with Thomas Berger.
The Indian Health Transfer Policy of Canada, provided a framework for the assumption of control of health services by Aboriginal Canadians and set forth a developmental approach to transfer centred on the concept of self-determination in health. Through this process, the decision to enter into transfer discussions with Health Canada rests with each community. Once involved in transfer, communities are able to take control of health program responsibilities at a pace determined by their individual circumstances and health management capabilities.
Over the course of centuries, many Indigenous Canadians have played a critical role in shaping the history of Canada. From art and music, to law and government, to sports and war; Indigenous customs and culture have had a strong influences on defining Canadian culture. The Indspire Awards are the annual awards presented by Indspire, formerly the National Aboriginal Achievement Foundation. The awards were first established in 1993 in conjunction with the United Nations declaring the 1990s "International Decade of the World's Indigenous peoples". June 21 is Canada's National Aboriginal Day, in recognition of the cultural contributions made by Canada's indigenous population. The day was first celebrated in 1996 following Governor General of Canada Roméo LeBlanc's proclamation.
The following is an alphabetical list of topics related to Indigenous peoples in Canada, comprising the First Nations, Inuit and Métis peoples.
Hugh Brody is a British anthropologist, writer, director and lecturer. He was born in 1943 and educated at Trinity College, Oxford. He taught social anthropology at Queen's University Belfast. He is an Honorary Associate of the Scott Polar Research Institute at the University of Cambridge, and an Associate of the School for Comparative Literature at the University of Toronto. He currently holds a Canada Research Chair at the University of the Fraser Valley in Abbotsford, British Columbia.
According to the latest available data, Statistics Canada estimates 4,157 suicides took place in Canada in 2017, making it the 9th leading cause of death, between Alzheimer's Disease (8th) and Cirrhosis and other liver diseases (10th). In 2009, there were an estimated 3,890 suicide deaths.
| Leader of the Opposition|
in the British Columbia Legislature