New Brunswick Lieutenant-Governor, Graydon Nicholas, presents lecture on treaty rights and the rules of evidence
Graydon Nicholas spoke to members of the UNB Law community about the unique challenges of presenting evidence in cases dealing with First Nations treaty rights.
Mr. Nicholas described the evidentiary challenges he faced as counsel in the landmark case R. v. Paul, where he was able to successfully define the treaty rights acknowledged in the Treaty of 1779. He spoke at length about the context under which this and other treaties were negotiated in Atlantic Canada. These "peace and friendship" treaties acknowledged First Nations Peoples' pre-existing right to hunt and fish. However, court rules of evidence can make it difficult to determine the extent to which those ancient and binding agreements protect the modern right to hunt and fish. We can only appreciate and enforce these constitutionally protected rights once we truly understanding the context in which a treaty was negotiated and each side's understanding of their respective rights and obligations under it.
The Lieutenant-Governor suggested that the next generation of lawyers will have to continue urging the evolution of our rules of evidence so they can better facilitate the finding of truth and justice.
Graydon Nicholas obtained a Bachelor of Law degree from the University of New Brunswick in 1971, becoming the first First Nations person in Atlantic Canada to earn a law degree. He subsequently earned a Master of Social Work degree from Wilfred Laurier University in 1974. Upon returning to New Brunswick, he worked for the Union of New Brunswick Indians, serving as its Chairman (1976-1980) and President (1980-1988). He was appointed to serve as a provincial court judge in 1991 and continued in that role until he was named the Lieutenant-Governor of New Brunswick in 2009.
