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Its me, Mark.

Mar 21 • 4 tweets • 3 min read

@Dave_Eby

Why would @Dave_Eby & @jjhorgan have their lawyer argue in Supreme Court that the #Nuchatlaht were too “small and weak” to have title over their land? Lawyer Echols had the dishonourable, sloppy, audacity to say this in front of Justice Myers and I’m still speechless. #BCpoli 🤯

Frankly, the provincial government should not have lawyer on payroll that forwards colonial, profoundly racists, inaccurate and harmful actions like this. It’s 2022 FFS. 🚩🚩🚩🚩🚩 #DRIPA #UNDRIP #BCpoli #Nuchatlaht

The Province, clearly embarrassed, have called a motion to amend and detract the word “weak” replacing it with “Prior to and at the date of sovereignty the Nuchatlaht were relatively small and had little capacity from stopping other indigenous groups from using the land…..” 🙄

(“The date of sovereignty” being the 1846 when the British claimed/stole the land north of the 49th parallel for the first time)

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More from @OrcaCedarbough

Its me, Mark.

@OrcaCedarbough

Mar 22

#Nuchatlaht case resumes after break with BC Gov lawyer Echols talking about how “the question at hand is about evidence, not law. The Aboriginal must prove substantial connection to the land under claim.” Then refers to #Delgamuukw case

Referring Marshall & Bernard, brings up not only substantial connection to the land, also “continuity” of connection, & the colonial legal requirement to show that the rights of title flows from inhabitants/rights holders then & now having continuity from date of sovereignty.

Experts from BC gov: 1) Morley Eldridge (3 response reports to Jacob Earnshaw and John Dewhurst and Dr. Chelsea Armstrong. Also 2) Joan Lovisek (spelling?) (with 5 original & response reports to Earnshaw, Dewhurst, Armstrong) & 3) Dr David Lin (of the Global Footprint Network)

Read 25 tweets

Its me, Mark.

@OrcaCedarbough

Mar 22

Now David Eby’s lawyer for the BC Provincial government, Echols, takes the mic at the #Nuchatlaht trial gearing up for some *exciting* bureaucratic heel dragging for procedural nonsense asking for a “fair trial” asking for more evidence in the case. 🥱 #BCpoli

Even as a layperson interpreting law, legal proceedings and litigation I can tell the province’s defense has been remarkably sloppy and unprofessional throughout the case so far.

Echols mumbling about “Respecting the rules of practice and fairness to all parties” as if WFP and the Province have some sort of right to “reconciliation” as if they’re the victim not the perpetrator of this injustice. It’s impressive seeing lawyers spin cognitive dissonance.

Read 16 tweets

Its me, Mark.

@OrcaCedarbough

Mar 22

WFP lawyer Geoff Plant now pleading to the courts with unbelievable arrogance, patronizing a Supreme Court Declaration of Aboriginal title “abstract”, framing things as if #Nuchatlaht might not have title and demands a “suspension of declaration for a reasonable time” #BCpoli

Geoff says “Wfp takes no position on the question of whether the plaintiff has aboriginal title….that’s a question for courts, First Nations and the government. Since 2017 since case began, my client doesn’t take a position on aboriginal title.” (Sure sounds like you do 🙄)

Geoffy carries on, “My client says at end of case, is: if aboriginal title established, suspend any declaration of title for a reasonable period of time…. the reason that the court should suspend it’s declaration is to allow the parties to work that out…”

Read 11 tweets