Court loss won’t deter Nisga’a treaty critics By JEFF NAGEL A GROUP of Kincolith na- tives backed by a society opposing the Nisga'a trea- ty have lost the first round of their court battle to bar its implementation, A B.C, Supreme Court judge refused April 5 to grant a temporary injune- tion. Justice Paul William- son said the treaty law is still being debated by the Senate in declining the re- quest. But Nisga’a members who now or once lived in Kincolith - the western- most village where some feel key lands were exclu- ded from the treaty — will try again for a longer term injunction. The group’s lawyer, John Weston, says the Kincolith challenge is dis- tinct from other court chal- lenges pending against the treaty on constitutional grounds because the plain- tiffs are in this case mem- bers of the group suppos- edly benefiting from the treaty. “This is a far more reaching action declaring the rights of certain Nisga’a people will be cut off forever if the Nisga’a Tribal Council or or its successor assumes the roles played by the federal government or provincial government,” he said, If successful, the in- junction would allow the courts ta review the legal- ity of the agreement before it takes effect, he said, while under other court challenges the treaty could take effect and months or years could pass before a ruling is made. It’s not the first time dissidents from the village of Kincolith have tried to block the treaty, Two of the plaintiffs this time -James Robin- son and Frank Barton — were also behind earlier MERCY THOMAS from Kincolith spoke out against the Nisga’a treaty at last year's Nisga’a Tribal Coun- cil convention here in Terrace. She's now part of a lawsuit opposing its implementation. tion of the treaty on the grounds that the Nisga’a leadership did not have Proper approval from the Nisga’a people to sign an agreement in principle and proceed io final negotia- tions. The courts rejected those arguments. Under the new claim, Robinson, Barton, Mercy Thomas and others argue the Nisga’a Tribal Council has no authority under aboriginal law to impose governance over the here- ditary chiefs who head the wilps, or house groups, in Nisga’a society. Likewise, they say, the NTC cannot give up lands and resources under the authority of the hereditary chiefs, “This treaty will strip us of our territories,” said Thomas. The Nisga’a Tribal Council has asked to be named as a defendant in the action. The Kincolith action is - the --latest--of -five-chal- lenges to the treaty. It ‘B.C. Liberal Party, the B.C. Fisheries Survival Coalition, the B.C. Citi- zens First Coalition and the neighbouring Gitanyow people. The court case is being financed by a group call- ing itself Canadians for Reconciliation, Equality and Equity, or CanFREE. Weston, who is also a member, says it’s a think tank that consists of a number of people con- cerned about the treaty. The group later encoun- tered Barton and Robinson and decided to finance their legal fight. “We agreed to try to tais¢ money in the com- munity to try to help this David vs Golfath kind of a battle,” Weston said. “It takes tremendous courage ‘fdr these individuals to stand up against their own leadership.” Other members of Can- FREE include Eric Sykes, formerly Alcan's president —-OF—-BC- operations in- efforts'to halt the comple-” “joins ‘those filed by the charge of the Kitimat. ~Srdltér.” ++ ap thee 7:46 AM called out. YOU BE THE JUDGE The interrogation was murder! "Book this guy for murder!” Officer Hendersen BY CLAIRE BERNSTEIN tan looked like a scared animal. “Where's my lawyer? | have rights, you know!” *Relax,’ Henderson muttered. “We'll get you a lawyer. Hack, we'll call your grandmother if you want. But first, we gotta book you. Deteclive Brierly watched auielly fram his dask. Ha took a slow drag from his cigarette before turn- ing to his assistant, “Make sure that guy ae a lawyer he likes. Then we'll let him coal Ris heels in accel, He'll be just about ready for me by tonight.” 12:23 PM lan accepted the third lawyer suggested by the police. lan and the lawyer spoke for an hour, 7:23 PM Sergeant Brierly ambled into the precinct ofter a big steak dinner. "Let's see what tan has to say.” lan was brought up to the interrogation room. Tired and anxious, he took a seat. Brierly went into action, “Now, lan, you know it's my job ta ask you quastions. But you have the right fo remain silent, just like on TV, Understand?” “Uh buh...” “But anything you say can be used as evi- dence. |s that clear? “Yeah,” lan hesitated, “My lawyer said | should only answer questions when he’s here.” "Okay. First off, in Canada, a lawyer doesn't have a right to be present during an interrogation, okay? TI They have a right to give you advice on whether or Rot fo talk to the cops.” «Umm... "Alright, ‘nd the law says it’s up to you to we both know that, We have recovered Debra’s on...” The interrogation continued, not admissible, “Your Honour, my lawyer had advised me not to talk without his being there. But the Sergeant told me he had no right there during questioning, 1 thought it was not ssible to [oy er was incorrect in advising it. They made me go agains! my lowyer’s advice and talk cops.” confessed without threals or promises. He undar- stood his right to a lowyer and his right to hook!” Judge! Then look below for the decision. BASED ON ACTUAL COURT CASES decide what you will or will nol sa say.” “Okay.” “I'm not here to push, | just want to let you know whal we've got and where we're going ik” "Okay." becouse, lan, this couldn’! be mare serious, body, and Pat's tald us everything that went 8:26 PM lan confessed to murder. In court, lan argued that the confession was to be ave my lawyer there and that my to the The prosecutor balked. “Your Honour, lan remain silent. He freely chose to speak without his lawyer present. Don't let this murderer off the Is lan's confession admissable? YOU! Be The SPONSORED BY Phone: 638-0354 WRIGHT & MARDIROS TRIAL LAWYERS Serving the Pacific Northwest TERENCE WRIGHT 15 years experience DAVID MARDIROS Criminal and Family Law Civil Litigation Aboriginal Law ‘Free Initial Interview for LC.B.C. and Personal Injury Claims 4730 Lazelle Avenue, Terrace, B.C. V8G 1T2 Fax: 635-2919 YOU! BE THE JUDGE - DECISION “Inadmissable!" Judge Henry decided. “lan was misled, The police are not obliged to let a lawyer attend an interrogation. But when [an said he didn't want to talk wilhoul his lawyer, the potice should have either terminated the interrogation or brought Inn's lawyer in, Instead, they said ‘there’s no tight to a lawyer during questioning.’ That made Ian think he'd gotten bad legal advice. lan never made a clear choice to talk without an atlorney,” YOU! BE THE JUDGE is based on actial court cases. Today's decision is based ona cour case from the province of British Columbia. If you have a similar problem, please contact Wrigh . Claire Bernstein is a lawyer and nationally syndicated columnist. Copyright 2000 Haika Enterprises, C22-4, t & Mardiros, aoe Let us send your old FD to the developing world. 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