Comment 60780

By Simon (registered) - website | Posted March 07, 2011 at 12:36:36 in reply to Comment 60621

First of all - my "pronouncements" are based on my personal experience in court involving First Nations issues. My personal experience may be different than yours - but its hardly "horsecrap".

To be frank - court decisions must always be based on fact and rule of law - not some vague sensitivity to any special interest group's customs, traditions or legal systems.

Trying to pussyfoot around First Nations issues - instead of addressing them openly, head-on is a huge part of the problem.

For example, it may be considered a devaluation of aboriginal law and custom, and insensitive to First Nations customs, traditions and legal systems to ask a First Nations elder for some proof of the validity of the oral history they have presented in court - but questioning a witness to establish fact is an essential part of our legal system.

Do I need to be "educated" in First Nations traditions to understand that it is insensitive (at best) to question an elder's wisdom?

Is it "racist" to ask the question anyway?

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