Thomas R. Berger
   HOME

TheInfoList



OR:

Thomas Rodney Berger (March 23, 1933April 28, 2021) was a Canadian politician and jurist. He was briefly a member of the
House of Commons of Canada The House of Commons of Canada () is the lower house of the Parliament of Canada. Together with the Monarchy of Canada#Parliament (King-in-Parliament), Crown and the Senate of Canada, they comprise the Bicameralism, bicameral legislature of Ca ...
in the early 1960s, entering provincial politics thereafter. He led the
British Columbia New Democratic Party The New Democratic Party of British Columbia (BC NDP) is a social democratic political party in British Columbia, Canada. The party sits on the centre-left of the political spectrum and is one of the two major parties in British Columbia; since ...
for most of 1969, prior to
Dave Barrett David Barrett (October 2, 1930 – February 2, 2018) was a Canadian politician and social worker in British Columbia. A member of the British Columbia New Democratic Party (BCNDP), he was the 26th premier of British Columbia from 1972 to 1 ...
. Berger was a justice of the
Supreme Court of British Columbia The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judici ...
from 1971 to 1983. In 1974, Berger became the
royal commission A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...
er of the Mackenzie Valley Pipeline Inquiry, which released its findings in 1977. After retiring from the bench, Berger continued to practise law and served in various public capacities. He was a member of the
Order of Canada The Order of Canada () is a Canadian state order, national order and the second-highest Award, honour for merit in the system of orders, decorations, and medals of Canada, after the Order of Merit. To coincide with the Canadian Centennial, ce ...
and the Order of British Columbia.


Early life and education

Thomas Rodney Berger was born on March 23, 1933, in
Victoria, British Columbia Victoria is the capital city of the Provinces and territories of Canada, Canadian province of British Columbia, on the southern tip of Vancouver Island off Canada's Pacific Ocean, Pacific coast. The city has a population of 91,867, and the Gre ...
. He was the son of
Royal Canadian Mounted Police The Royal Canadian Mounted Police (RCMP; , GRC) is the Law enforcement in Canada, national police service of Canada. The RCMP is an agency of the Government of Canada; it also provides police services under contract to 11 Provinces and terri ...
sergeant Theodor Berger and Nettie Elsie Perle, née McDonald. Berger received a Bachelor of Arts and Bachelor of Laws from the
University of British Columbia The University of British Columbia (UBC) is a Public university, public research university with campuses near University of British Columbia Vancouver, Vancouver and University of British Columbia Okanagan, Kelowna, in British Columbia, Canada ...
in 1955 and 1956, respectively.


Career


Politics

Thomas R. Berger was elected at the age of 29 to the
House of Commons The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of ...
in the 1962 election, representing the riding of Vancouver—Burrard for the
New Democratic Party The New Democratic Party (NDP; , ) is a federal political party in Canada. Widely described as social democratic,The party is widely described as social democratic: * * * * * * * * * * * * * The Editors of ''Encyclopædia Britann ...
. However, in the 1963 election, he was defeated by Liberal opponent Ron Basford. He was elected to the
Legislative Assembly of British Columbia The Legislative Assembly of British Columbia () is the deliberative assembly of the Legislature of British Columbia, in the province of British Columbia, Canada. The other component of the Legislature is the lieutenant governor of British Columbi ...
in the 1966 BC election. Described as a "young man in a hurry", Berger challenged long-time BC CCF/NDP leader Robert Strachan for the party leadership in 1967. Strachan defeated Berger but, sensing the winds of change, resigned in 1969. Berger defeated another young MLA,
Dave Barrett David Barrett (October 2, 1930 – February 2, 2018) was a Canadian politician and social worker in British Columbia. A member of the British Columbia New Democratic Party (BCNDP), he was the 26th premier of British Columbia from 1972 to 1 ...
, to win the
leadership convention {{Politics of Canada In Politics of Canada, Canadian politics, a leadership convention is held by a political party when the party needs to choose a leadership, leader due to a vacancy or a challenge to the incumbent leader. Overview In Canada, ...
and was widely expected to lead the NDP to its first general election victory.
Social Credit Social credit is a distributive philosophy of political economy developed in the 1920s and 1930s by C. H. Douglas. Douglas attributed economic downturns to discrepancies between the cost of goods and the compensation of the workers who made t ...
Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of govern ...
W.A.C. Bennett called an early
snap election A snap election is an election that is called earlier than the one that has been scheduled. Snap elections in parliamentary systems are often called to resolve a political impasse such as a hung parliament where no single political party has a ma ...
and, instead of victory, Berger's NDP lost four seats. He quickly resigned and was succeeded by
Dave Barrett David Barrett (October 2, 1930 – February 2, 2018) was a Canadian politician and social worker in British Columbia. A member of the British Columbia New Democratic Party (BCNDP), he was the 26th premier of British Columbia from 1972 to 1 ...
. Berger's last year as an MLA was 1969.


Law

Berger was counsel to the
Nisga'a The Nisga’a (; ), formerly spelled Nishga or Niska, are an Indigenous people in British Columbia, Canada. They reside in the Nass River valley of northwestern British Columbia. The origin of the term ''Niska'' is uncertain. The spelling ' ...
in ''Calder v British Columbia (Attorney General)'', a case that inaugurated the concept of
Aboriginal title Aboriginal title is a common law doctrine that the Indigenous land rights, land rights of indigenous peoples to customary land, customary tenure persist after the assumption of sovereignty to that land by another Colonization, colonising state. ...
in Canadian law. Appointed to the
Supreme Court of British Columbia The Supreme Court of British Columbia is the superior trial court for the province of British Columbia, Canada. The Court hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judici ...
in 1971, he served on the bench until 1983. Berger focused extensively on ensuring that industrial development on Aboriginal people's land resulted in benefits to those
indigenous people There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...
. He may be best known for his work as the Royal Commissioner of the Mackenzie Valley Pipeline Inquiry which released its findings on May 9, 1977. In 1981 when Canada was debating the merits of a diversity of provisions in the proposed ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...
'', Berger wrote an open letter to ''
The Globe and Mail ''The Globe and Mail'' is a Newspapers in Canada, Canadian newspaper printed in five cities in Western Canada, western and central Canada. With a weekly readership of more than 6 million in 2024, it is Canada's most widely read newspaper on week ...
'', asserting that the rights of Aboriginal Canadians and women needed to be included in any proposed charter. In 1983 he was reprimanded by the Canadian Judicial Council for this activism. Shortly thereafter he chose to resign as a judge and returned to practice as a lawyer. Berger's expertise and reputation for thorough and independent assessment were immediately seen as an asset for indigenous communities. He was invited by the Inuit Circumpolar Conference to lead the Alaska Native Review Commission (1983–1985) which culminated in the publication of ''Village Journey'' (1985). In 1995, Thomas Berger was appointed Special Counsel to the Attorney General of British Columbia to inquire into allegations of sexual abuse at the Jericho Hill School for the Deaf. Berger was asked to investigate these allegations and produce a report. His recommendation for relief and compensation for those who were abused was accepted. Berger was appointed chair of the Vancouver Electoral Reform Commission in 2003. The Commission recommended changing
Vancouver Vancouver is a major city in Western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the cit ...
's
at-large At large (''before a noun'': at-large) is a description for members of a governing body who are elected or appointed to represent a whole membership or population (notably a city, county, state, province, nation, club or association), rather tha ...
system to a system of ward-level representation. However, this recommendation was defeated in a referendum held on October 16, 2004. Appointed in 2005 as a conciliator to resolve the impasse between Canada, Nunavut, and Nunavut Tunngavik Incorporated in implementing the Nunavut Land Claims Agreement, Berger completed "The Nunavut Project" in 2006. His report addresses the fundamental changes needed to implement Article 23 (Inuit Employment within Government) of the Nunavut Land Claims Agreement, including the need for a strong indigenous education system. In 2017, Berger was counsel to British Columbia in its challenge to Canada's approval of the Trans Mountain pipeline.


Royal commissions

From 1973 to 1975, Berger chaired a royal commission on Family and Children's Law. From 1974 to 1977, he was commissioner of the Mackenzie Valley Pipeline Inquiry. From 1979 to 1980, he chaired his third royal commission, on Indian and Inuit healthcare. In 1978, Indian bands and organizations such as the Union of B.C. Chiefs, the Native Brotherhood and United Native Nations, engaged in intense lobbying for Indigenous people to control delivery of health services in their own communities and for the repeal of restrictive service "guidelines introduced in September 1978, to correct abuses in health delivery, and to deal with the environmental health hazards of mercury and fluoride pollution affecting particular communities." In September 1979, David Crombie, a liberal-minded reformer, as Minister of Health and Welfare under the Conservative government of Prime Minister Joe Clark, issued a statement representing "current Federal Government practice and policy in the field of Indian health." Crombie declared that the "Federal Government is committed to joining with Indian representatives in a fundamental review of issues involved in Indian health when Indian representatives have developed their position, and the policy emerging from that review could supersede this policy". Crombie appointed Doctor Gary Goldthorpe, as commissioner of the federal inquiry (known as the Goldthorpe Inquiry) into "alleged abuses in medical care delivery at Alert Bay, British Columbia". In 1980, Justice Berger, who headed his third royal commission dealing with Indian and Inuit healthcare, recommended to Crombie "that there be greater consultation with Indians and Inuit regarding the delivery of healthcare programs and that an annual sum of $950,000 was allocated for distribution by the National Indian Brotherhood to develop health consultation structures within the national Indian community." Crombie's successor as Liberal Minister of Health and Welfare, Monique Begin, adopted Berger's recommendations, ushering in the beginning of a change in healthcare delivery.


Honours

In 1989, he was made an officer of the
Order of Canada The Order of Canada () is a Canadian state order, national order and the second-highest Award, honour for merit in the system of orders, decorations, and medals of Canada, after the Order of Merit. To coincide with the Canadian Centennial, ce ...
. In 2004, he received the Order of British Columbia. A He was an honorary member of the
Royal Military College of Canada The Royal Military College of Canada (), abbreviated in English as RMC and in French as CMR, is a Military academy#Canada, military academy and, since 1959, a List of universities in Canada#Ontario, degree-granting university of the Canadian ...
, student #S153. In 2012, he was awarded the
Queen Elizabeth II Diamond Jubilee Medal The Queen Elizabeth II Diamond Jubilee Medal () or The Queen's Diamond Jubilee Medal was a commemorative medal created in 2012 to mark the 60th anniversary of Queen Elizabeth II's accession in 1952. There are four versions of the medal: one iss ...
.


Death and legacy

Berger died of cancer on April 28, 2021, in
Vancouver Vancouver is a major city in Western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the cit ...
. Edgar Z. Friedenberg, writing in ''
The New York Review of Books ''The New York Review of Books'' (or ''NYREV'' or ''NYRB'') is a semi-monthly magazine with articles on literature, culture, economics, science and current affairs. Published in New York City, it is inspired by the idea that the discussion of ...
'' in 1982, called Berger "perhaps the most effective and certainly the most respectable champion of the aboriginal peoples of Canada". Berger argued that the reconciliation between Indigenous and non-Indigenous peoples could be facilitated by the Canadian judicial system. In her discussion of Berger's life, Swayze asserts that Berger "believes, and believes passionately, in the integrity of Canada’s system of equitable justice and its attendant jurisprudence". Throughout his career, Berger dedicated his life to law and to politics. He is recognized for his work on the ''Mackenzie Valley Pipeline Inquiry'' and the subsequent publication of ''The Berger Report''. As Commissioner, Berger recommended that, "on environmental grounds, no pipeline be built and no energy corridor be established across the Northern Yukon" and that any pipeline construction be postponed until native claims could be settled. Despite his belief in the judicial system, Berger acknowledged that there were certain issues that could be dealt with outside of the courts. Swayze argues that " e philosophy inherent in all thirteen" of the reports of British Columbia's Royal Commission on Family and Children's Law, on which Berger served as a commissioner, "is that legal sanctions should, in many cases, be a last resort, and to this end recommendations focused on the effective use of human rather than legislated solutions."


Publications

* * * * * * *


Footnotes


References

* * *


External links

* {{DEFAULTSORT:Berger, Thomas R. 1933 births 2021 deaths 20th-century Canadian lawyers Judges in British Columbia Leaders of the British Columbia CCF/NDP Leaders of the opposition (British Columbia) Members of the House of Commons of Canada from British Columbia Members of the Order of British Columbia New Democratic Party MPs Officers of the Order of Canada Politicians from Vancouver Politicians from Victoria, British Columbia University of British Columbia alumni 21st-century Canadian lawyers 20th-century members of the House of Commons of Canada 20th-century members of the Legislative Assembly of British Columbia