Val Napoleon has argued that Allan McEachern’s infamous decision in this case stemmed from his treatment of oral histories as “cultural artifacts” rather than “embedded” law. For 10 points each:
[10h] Name this 1997 case over an illegal sale of logging rights that chiefs of the Gitksan and Wet’suwet’en tribes won on appeal. This case established the current Canadian test for Aboriginal title.
ANSWER: Delgamuukw v. British Columbia [or Delgamuukw v. The Queen; or Delgamuukw-Gisday’wa]
[10e] Until Delgamuukw, First Nations’ oral histories were often conflated with this sort of inadmissible testimony, in which a witness relays a statement someone else made to them out of court.
ANSWER: hearsay
[10m] The Supreme Court of Canada created an exception to hearsay to allow James Simon to use oral evidence to prove he was a member of this group. This Algonquian people’s traditional lands include Nova Scotia.
ANSWER: Mi’kmaq [or Micmac; or Mi’gmaq]
<AK, Modern World>