Landmark Cases
Even aside from the Mackenzie Valley Pipeline Inquiry, there are several cases that have defined Thomas Berger’s career and reputation. One of these cases is the 1973 Calder case, in which Berger represented the plaintiffs, arguing for the recognition of the aboriginal land title claimed by the Nisga'a. While the issue was not resolved, this case opened the door to discussions of Aboriginal rights over land and acted as a foundation for future cases of Aboriginal land rights. The Canadian Encyclopedia offers a good overview of this case, which catapulted Thomas Berger onto the national stage. For those who wish to explore the case in more detail, though, there is “Calder et al. v. Attorney-General of British Columbia,” an online version of the appeal made to the Supreme Court of Canada by the plaintiffs of the Calder case which was dismissed at trial before the Supreme Court of British Columbia and then denied appeal by the BC Court of Appeal. Since this legal document has had such a tremendous impact on Aboriginal law and land claims in Canada, the Canadian Legal Information Institute has made it available online for convenient public perusal.
Later in his career, Thomas Berger was appointed to inquire into allegations of sexual abuse at the Jericho Hill School for the Deaf in British Columbia, Berger was asked to investigate these allegations and produce a report. This site, focused on cases of abuse at schools for the deaf in British Columbia, offers a detailed record of the case and breaks it down into helpful subtopics, such as the history of this school and these allegations, the nature of the alleged abuse, attempts to heal from this trauma, and the legal proceedings.
It is also interesting to note that at this point Berger has already achieved a national reputation as a man unafraid to put justice above all other concerns as a result of his groundbreaking recommendation to delay the development of the Mackenzie Valley Pipeline and deal with Aboriginal land claims and concerns first. Now, with this new inquiry, a pattern emerges – Berger as spokesperson for those who are likely victims of neglect.
This reputation continues to influence Berger’s career and is evident in the role he plays in the legal action taken by the government of British Columbia against the tobacco industry in 1998, summarized on the BC Ministry of Healthy Living and Sport website. Thomas Berger was part of the legal team representing British Columbia and argued that the tobacco industry wrongfully marketed light cigarettes as safer, targeted children in their marketing tactics, and conspired to keep research on the risks of smoking from the public. The site explains these charges and offers context for the case.
Again, in 2003, Thomas Berger was appointed as a voice for wronged victims. He represented 19 women who were all former mental health patients and suing the government of British Columbia for sexual assault, stating that they were illegally sterilized against their will. CBC news offers an article summarizing the case. It does not mention Berger by name or detail his involvement, but it does clearly explain the case and its context.