Thomas Berger (Canadian politician)
Encyclopedia
Thomas Rodney Berger, OC
Order of Canada
The Order of Canada is a Canadian national order, admission into which is, within the system of orders, decorations, and medals of Canada, the second highest honour for merit...

, OBC
Order of British Columbia
The Order of British Columbia is a civilian honour for merit in the Canadian province of British Columbia. Instituted in 1989 by Lieutenant Governor David Lam, on the advice of the Cabinet under Premier Bill Vander Zalm, the order is administered by the Governor-in-Council and is intended to honour...

 (born March 23, 1933) is a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 politician and jurist of Swedish descent. Berger was the leader of the British Columbia New Democratic Party for most of 1969, prior to Dave Barrett
Dave Barrett
David Barrett, OC , commonly known as Dave Barrett, is a retired politician and social worker in British Columbia, Canada...

.

Background

Born in Victoria, British Columbia
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...

, he is the son of Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...

 (RCMP) officer Theodor Berger, and, his wife, Perle, née McDonald. Theodor Berger was the son of Ivar Theodor Berger (1861-1937), a police judge in Gothenburg
Gothenburg
Gothenburg is the second-largest city in Sweden and the fifth-largest in the Nordic countries. Situated on the west coast of Sweden, the city proper has a population of 519,399, with 549,839 in the urban area and total of 937,015 inhabitants in the metropolitan area...

, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....

, and his wife, née Baroness
Baroness
Baroness is the female equivalent of the nobility title Baron.Baroness or The Baroness may also refer to:* Baroness , a metal band from Savannah, Georgia* Baroness , a fictional villain in the G.I...

 Hedvig Taube af Odenkat, a member of the Swedish nobility
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...

.

Politics

Thomas R. Berger was elected, at the age of 29, to the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...

 in the 1962 election
Canadian federal election, 1962
The Canadian federal election of 1962 was held on June 18, 1962 to elect members of the Canadian House of Commons of the 25th Parliament of Canada...

, representing the riding of Vancouver—Burrard
Vancouver—Burrard
Vancouver—Burrard was a federal electoral district in British Columbia, Canada, that was represented in the Canadian House of Commons from 1925 to 1968.This riding was created in 1924 from parts of Burrard riding...

 for the New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...

. However, in the 1963 election
Canadian federal election, 1963
The Canadian federal election of 1963 was held on April 8 to elect members of the Canadian House of Commons of the 26th Parliament of Canada. It resulted in the defeat of the minority Progressive Conservative government of Prime Minister John Diefenbaker.-Overview:During the Tories' last year in...

, he was defeated by Liberal
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...

 opponent Ron Basford
Ron Basford
Stanley Ronald "Ron" Basford, PC was a long-time Canadian Cabinet minister in the Liberal government of Pierre Trudeau. Based in British Columbia, he was known as "Mr...

.

He was elected to the Legislative Assembly of British Columbia
Legislative Assembly of British Columbia
The Legislative Assembly of British Columbia is one of two components of the Parliament of British Columbia, the provincial parliament ....

 in the 1966 BC election
British Columbia general election, 1966
The British Columbia general election of 1966 was the 28th general election in the Province of British Columbia, Canada. It was held to elect members of the Legislative Assembly of British Columbia. The election was called on August 5, 1966 and held on September 12, 1966...

. Described as a "Young Turk" and "young man in a hurry", Berger challenged long-time BC CCF/NDP leader Robert Strachan
Robert Strachan
Robert Martin Strachan was a trade unionist and politician. He was the longest serving Leader of the Opposition in British Columbia history....

 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
Dave Barrett
David Barrett, OC , commonly known as Dave Barrett, is a retired politician and social worker in British Columbia, Canada...

 to win the leadership convention
British Columbia New Democratic Party leadership conventions
This page covers the results of leadership elections in the British Columbia New Democratic Party .-Early developments:...

 and was widely expected to lead the NDP to its first ever general election victory. Social Credit
British Columbia Social Credit Party
The British Columbia Social Credit Party, whose members are known as Socreds, was the governing political party of British Columbia, Canada, for more than 30 years between the 1952 provincial election and the 1991 election...

 Premier
Premier of British Columbia
The Premier of British Columbia is the first minister, head of government, and de facto chief executive for the Canadian province of British Columbia. Until the early 1970s the title Prime Minister of British Columbia was often used...

 W.A.C. Bennett
W.A.C. Bennett
William Andrew Cecil Bennett, PC, OC was the 25th Premier of the Canadian province of British Columbia. With just over 20 years in office, Bennett was and remains the longest-serving premier in British Columbia history. He was usually referred to as W.A.C...

 called an early snap election
Snap election
A snap election is an election called earlier than expected. Generally it refers to an election in a parliamentary system called when not required , usually to capitalize on a unique electoral opportunity or to decide a pressing issue...

 and, instead of victory, Berger's NDP lost four seats. He quickly resigned and was succeeded by Dave Barrett
Dave Barrett
David Barrett, OC , commonly known as Dave Barrett, is a retired politician and social worker in British Columbia, Canada...

.

Judiciary

Appointed to the Supreme Court of British Columbia
Supreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...

 in 1971, he served on the bench until 1983. Berger has worked extremely hard to ensure that industrial development on Aboriginal people
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....

's land resulted in benefits to those indigenous people. He may be best known for his work as commissioner of the Mackenzie Valley Pipeline Inquiry
Mackenzie Valley Pipeline Inquiry
The Mackenzie Valley Pipeline Inquiry was commissioned by the Government of Canada on March 21, 1974 to investigate the social, environmental, and economic impact of a proposed gas pipeline that would run through the Yukon and the Mackenzie River Valley of the Northwest Territories...

 which released its findings in 1977.

Berger was appointed chair of the Vancouver Election Commission in 2003, and led several public meetings on electoral reform in the early months of 2004. The Commission recommended changing Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...

's at-large system of representation with individual wards; however, this recommendation was defeated in a referendum held on October 16, 2004.

Berger completed "The Nunavut Project" in 2006. This is a report of recommendations to implement Article 23 of the Nunavut Land Claims Agreement (Inuit Employment within Government). This report was the result of being appointed conciliator in 2005 to resolve the impasse of the Government of Canada, Government of Nunavut and Nunavut Tunngavik Incorporated
Nunavut Tunngavik Incorporated
Nunavut Tunngavik Incorporated is the legal representative of the Inuit of Nunavut for the purposes of native treaty rights and treaty negotiation and one of the four regional members that make up the Inuit Tapiriit Kanatami...

 to update and amend the Nunavut Implementation Contract.

Honours

In 1989, he was made an Officer of the Order of Canada
Order of Canada
The Order of Canada is a Canadian national order, admission into which is, within the system of orders, decorations, and medals of Canada, the second highest honour for merit...

. He is a member of the Order of British Columbia
Order of British Columbia
The Order of British Columbia is a civilian honour for merit in the Canadian province of British Columbia. Instituted in 1989 by Lieutenant Governor David Lam, on the advice of the Cabinet under Premier Bill Vander Zalm, the order is administered by the Governor-in-Council and is intended to honour...

. As of 2006 he sits on the advisory council of the Order of Canada, which researches the merits of future members of the Order and advises the Governor General of Canada on new appointments. He is an honorary member of the Royal Military College of Canada
Royal Military College of Canada
The Royal Military College of Canada, RMC, or RMCC , is the military academy of the Canadian Forces, and is a degree-granting university. RMC was established in 1876. RMC is the only federal institution in Canada with degree granting powers...

, student #S153.

Intellectual legacy regarding indigenous rights

Thomas Berger would contend that the reconciliation between Indigenous and non-Indigenous peoples could be facilitated by the Canadian judicial system. In his 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 perhaps most notably 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. For instance, as Commissioner for the Royal Commission on Family Law, he states: “The philosophy inherent in all thirteen of the commission’s reports 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.”

One of Berger’s intellectual contributions is the idea that Canada’s relationship with Indigenous people can serve to strengthen the country instead of weakening it. For Berger, Canada is divided into two parts: Indigenous nations and everyone else. In his speech entitled, “My Idea of Canada,” he states: “I think diversity has become the essence of the Canadian experience and it is our strength. It’s not a weakness. We’re not addicted to bogus patriotism. We believe in diversity. We believe in being a good citizen of the world.” The plurality of the Canadian nation, Berger notes, sometimes makes Canada a difficult country to govern, however, he suggests that Canada “could be the prototype nation state of the 21st century in which a citizen’s identity does not have to be authenticated by a spurious nationalism.” In Fragile Freedoms, Berger calls for attention to be paid not only to the problems facing the developing world, but also to those nations within Canada that are suffering. Berger states that he believes “in the uses of democratic institutions …[as] the means to the dispersal of political and economic power. [Democratic institutions] will be strengthened by the Constitution and Charter which offer those who are under attack a place to stand, ground to defend, and the means for others to come to their aid.” Berger’s intellectual treatment of the legal system and its applications have enhanced the concepts of equality and rights for Indigenous people under Canadian law.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK