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Thomas Berger fonds Series
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Chief Paulette v. the Queen

Series consisting of records related to the case of Chief Paulette v. the Queen created by the Supreme Court of Canada on Appeal From the Court of Appeal of the Northwest Territories. Series consists of four bound volumes.

Narmada subject files

Series consists of correspondence, clippings, reports, and other documents accumulated by Berger and related to the Sardar Sarovar Dam projects subsequent to Berger's involvement therein, on behalf of the World Bank, in 1991-1992. Also included are materials related to Berger's speaking engagements concerned with this topic. Except where otherwise noted, file names been retained and the arrangement reflects the creator's original order.

Nunavut (NTI) files

Series consists of correspondence, reports, clippings and published materials, personnel records, contracts, memos, and other documents related to Berger's role as conciliator regarding the meaning and implementation of the Nunavut Land Claims Agreement of 1993. The dispute, between Nunavut Tungavik Inc. and the Government of Nunavut on the one hand and the Government of Canada on the other, related to employment and education and the extent of Canada's commitments in that connection. His 2006 report, <em>The Nunavut Project</em>, proposed far-reaching changes in the languages of education and of the workplace.

Except where otherwise noted, file names been retained and the arrangement reflects the creator's original order.

Source: 2011 letter from Thomas Berger to RBSC, located in Berger's accession file.

FIDH mission files

Series consists of correspondence, financial statements and expense reports, pamphlets, memos, reports, clippings, and handwritten notes. Documents relate to a mission to Chile in 1997 conducted by Berger with Claude Katz, a Parisian lawyer, under the auspices of the Federation Internationale des Droits de l'Homme (FIDH). The mission was to consider the impact of a dam proposed in southern Chile, south of the Bio-Bio River. Except where otherwise noted, file names been retained and the arrangement reflects the creator's original order.

Source: 2011 letter from Thomas Berger to RBSC, located in Berger's accession file.

Habitual Criminals

Series consists of correspondence, clippings, case law, legal documents and notes related to several cases in which Berger defended persons on trial as habitual criminals, including Daniel Hadden (sometimes spelled Haddon), George Paton, and Margaret “Penny” MacNeill (sometimes spelled McNeil).

Jones v. Bennett

Series consists of clippings, correspondence, notes, memos and legal documents related to the heard in the British Columbia Court of Appeal in 1966, and the Supreme Court of Canada, 1968 in which George Jones, chairman of the Purchasing Commission for the Province of BC, sued Premier W.A.C Bennett for slander.

Dersch v. Canada (Attorney General)

Series consists of clippings, correspondence, reports and legal documents related to the case Dersch v. Canada case heard in the Supreme Court of Canada in 1990. Dersch had been charged with trafficking drugs, and the evidence against him was primarily from wiretap which he suspected had been illegally obtained. Berger argued that Dersch had the right to see the sealed affidavits which had been used to obtain the wiretap, in order to determine whether the wiretap had been legally obtained and was admissible as evidence in his case.

Trinity Western University v. British Columbia College of Teachers

Series consists of clippings, correspondence, notes and legal documents related to the Trinity Western University v. British Columbia College of Teachers case heard in the Supreme Court of Canada in 2001. Berger represented the British Columbia College of Teachers, who had denied an application for teacher’s program from Trinity Western University, based on the grounds that the University did not allow homosexual students.

Prior v. Revenue Canada

Series consists of clippings, legal documents, pamphlets and case law related to the Dr. Jerrilyn Prior’s case, heard in the Federal Court of Appeal in 1989, regarding the refusal to pay taxes toward military expenditures based on freedom of conscience and religion.

Bora Laskin and the Canadian Judicial Council

Series consists of clippings and correspondence related to Berger’s public remarks in 1981 regarding the failure of the Canadian government to include aboriginal treaty rights in the Canadian Constitution, the Canadian Judicial Council’s decision regarding these remarks, and Chief Justice Bora Laskin’s response. Series also contains records relating to Berger’s subsequent resignation from the Supreme Court of Canada.

R. v. Abbey

Series consists of notes, clippings and legal documents related to the prosecution of Bruce Abbey on the charge of possession of marijuana in 1966.

Griffin

Series consists of Berger’s handwritten notes on the opening statement in a case in which a student sued a teacher for injuries sustained during a physical education class.

Renaerts v. Vancouver General Hospital

Series consists of legal documents, clippings and notes related to the malpractice suit on behalf of Ximena Renaerts, who had suffered brain damage when she was born, heard in the Supreme Court of British Columbia in 1998.

Athey v. Leonati

Series consists of a legal document and memo related to the case against Leonati brought to the Supreme Court of Canada by Jon Athey in 1996, for damages related to a car accident.

Just v. The Queen

Series consists of legal documents related to the Supreme Court of Canada Case brought by John Just against the Canadian government for liability for negligence when carrying out public duties.

Richard Price (Prosecution of)

Series consists of clippings, journal articles, notes, case law and reports related to the prosecution of Richard Price, a member of the Department of Indian and Northern Affairs, for breach of trust. (The case did not go to court.)

R. v. Chambers

Series consists of legal documents related to the R. v. Chambers case heard in the Supreme Court of Canada in 1990.

Blueberry River Band v. Canada

Series consists of the Appellant’s Factum in the Blueberry River Band v. Canada, (also known as Apassin v. Canada) treaty rights case of 1988. The Blueberry River Band was previously known as the Beaver Band.

Nisga’a 2000: Calder v. Attorney General British Columbia and Campbell v. Nisga’a Tribal Council

Series consists of clippings, notes and legal documents related to the Calder v. Attorney General British Columbia land rights case heard in the Supreme Court of BC in 1969, the BC Court of Appeal in 1970 and the Supreme Court of Canada in 1973. It also contains records related to Campbell v. Nisga’a Tribal Council case heard in 2000, which immediately followed the signing of the Nisga’a by the Nisga’a Tribal Council, Canada and British Columbia in 2000.

R. v. White and Bob

Series consists of correspondence, notes and legal documents related to the R. v. White and Bob treaty rights case heard in the Court of Appeal for British Columbia in 1964 and the Supreme Court of Canada in 1965.

Gee v. Freeman

Series consists of a letter from Thomas Berger to George Gee dated May 28, 1958, regarding the appeal of the Gee v. Freeman case.

Battaglia v. Workmen’s Compensation Board

Series consists of legal documents, clippings, and notes related to a case in which, Louis Battaglia, a retired hard-rock miner who had silicosis, sought a pension. The case was heard in the B.C. Court of Appeal in 1960.

University of British Columbia President’s Ad Hoc Committee on British Columbia Native Indian People and Communities

Series consists of two files, one related to business of the Ad Hoc Committee on British Columbia Native Indian People and Communities, appointed by University of British Columbia President George Pederson in 1983 and co-chaired by Thomas Berger and Verna Kirkness, including correspondence, minutes, reports and associated material, and a second file of material assembled for reference related to the establishment of an institute of native studies at the University.

Ironworkers Case

Series consists of clippings, notes and legal documents related to the Dominion Bridge v. International Union of Bridge, Structural and Ornamental Ironworkers, Local 97 and Attorney General of British Columbia case related to the Ironworkers strike of 1959.

Sardar Sarovar Projects Independent Review files

Series consists of files related to the Sardar Sarovar Projects Independent Review undertaken in 1991-1992 for the World Bank by Bradford Morse, Chairman, and Thomas Berger, Deputy Chairman. The files are arranged according to a file classification scheme, and concern administration of the review, documentation assembled for reference, and project files including submissions, correspondence, press and media files, project notes and reports of advisors Donald Gamble and Hugh Brody, and other material.

Simon Fraser University J. S. Woodsworth Chair Committee

Series consists of files related to Simon Fraser University’s establishment of an endowed chair to honour J. S. Woodsworth, Canadian statesman, assisted by a committee with Thomas Berger, chairman. Files include correspondence, pamphlets, posters, and other material concerning the J. S. Woodsworth Endowment Fund in the Humanities.

Alaska Native Review Commission subject files

Series consists of subject files related to the conduct of the Alaska Native Review Commission from 1983 to 1987, arranged alphabetically, including files pertaining to the commissioner’s activities, intervenors, consultants, and interested parties, correspondence, funding, drafting and publication of the Commission’s report, material assembled for reference concerning Indian and Inuit rights and claims in Alaska, press clippings, and transcripts of the Commission’s proceedings in two published series titled Village Meetings and Roundtable Discussions.

Japanese Canadians redress subject files

Series consists of files of correspondence, and speeches by Thomas Berger regarding redress for losses suffered by Japanese Canadians in Canada during and after the war of 1939-1945, a file of material related to the National Association of Japanese Canadians, and a file of press clippings assembled for reference.

Canadian Judicial Council subject files

Series consists of subject files, arranged alphabetically, related to the Canadian Judicial Council’s investigation of a complaint in 1981 concerning Mr. Justice T. R. Berger, including files pertaining to the complaint by Mr. Justice Addy, correspondence of Berger with Bora Laskin, President of the Council, and with Mark MacGuigan, Minister of Justice, letters of support for Berger, press clippings, and copies of the report of the Council and of Berger’s statement of resignation from the Supreme Court of British Columbia in 1983.

Subject files regarding aboriginal peoples, the Arctic and the north

Series consists of subject files assembled for reference regarding various themes related to aboriginal peoples and their rights in Canada, the United States and Australia, native land claims, Arctic environment and settlements, and development of natural resources in the north of Canada. The files include correspondence, notes, and speeches; a large proportion of the files is comprised of government and corporate publications and other published material.

Speeches

Series consists of files assembled for speaking engagements and speeches as well as speaking tours undertaken or planned by Thomas Berger from 1977 to 1994, arranged by the records’ creator in four subseries corresponding to four periods: 1977-1984, 19851986, 1987-1989, and 1990-1994. Files within each subseries are arranged alphabetically by event, place, or host of the speaking engagement. The files include texts and drafts of speeches, notes, articles prepared for publication, conference agendas and related material, and also correspondence, press clippings of events, and material assembled for reference in writing speeches.

Mackenzie Valley Pipeline Inquiry subject files

Series consists of subject files of material relating to the Mackenzie Valley Pipeline Inquiry, predominantly from 1974 to 1978, including copies of articles and comments, correspondence with the Department of Indian and Northern Affairs, press clippings about the Inquiry, material assembled for reference from the Public Archives of Canada, files related to the United States Senate and House of Representatives committee hearings concerning Alaska, and reports of the Inquiry, including extensive records generated in the course of research that went into the drafting of the reports.

Royal Commission on Family and Children’s Law subject files

Series consists of reports I through XII of the British Columbia Royal Commission on Family and Children’s Law from 1973 to 1975, concerning the family, the courts and the community, the legislative framework, the status of children born to unmarried parents, children’s rights, needs of special children, child care, custody, access, and guardianship, adoption, matrimonial property, family maintenance, native families, and related matters; the series consists also of subject files of material relating to family and children’s law, including press clippings, speeches, broadcast transcripts, and other pertinent reports.

Subject files related to party politics

Series consists of subject files related to Berger’s leadership of the New Democratic Party (NDP) of British Columbia and electoral campaign of 1969, arranged by exisiting file classification numbers, together with several scrapbooks and files containing press clippings, arranged chronolgically, related to Berger’s political life and campaigns from 1960 to 1969, as NDP Member of the House of Commons for Vancouver-Burrard in 1962, Member of the British Columbia Legislative Assembly for Vancouver-Burrard in 1966-1967, and NDP leader in 1969.