Jorge Barrera
Northern News Services

Yellowknife (Mar 04/02) - The Dene Nation is trying to oust the head of the Supreme Court of Canada after a controversial speech in Vancouver delivered last month.

Bill Erasmus, Dene Nation national chief, launched a formal complaint with the Canadian Judicial Council after Chief Justice Beverly McLachlin used the word "conquered" in reference to First Nations people in the country.

"McLachlin's comments are a reflection of the Dark Ages and will leave an apprehension of bias in future matters with the Supreme Court of Canada," said Erasmus.

McLachlin delivered her speech to a Canadian Club luncheon in Vancouver on Feb. 8.

The controversial quote came early in her speech as she traced the history and influences of aboriginal law in Canada.

"The British policy was to leave the law of conquered peoples in place, with the exception of matters involving the relationship between the conquered people and the new British sovereign," said McLachlin.

Erasmus said First Nations peoples in the country have never viewed themselves as conquered. Such a view espoused by the chief judge in the most powerful Canadian court, he said, would never give First Nations a fair shake in the Canadian court system in their quest for more autonomy. "How is my father going to feel when I tell him he is conquered?" said Erasmus, who wants the judge removed.

It is very unlikely Erasmus will succeed.

In the history of the court, no appointed judge ever lost a post, said Jeanie Thomas, executive director for the Canadian Judicial Council.

And it is a long shot it will happen now.

The governor general can remove a Supreme Court justice only on a joint resolution from the House of Commons and the Senate.

"It would be very serious," said Thomas.

Some aboriginal law experts agree the chief justice made a mistake, but not of a grievous nature.

"It's a tempest in a tea cup," said Hamar Foster, professor of legal history and aboriginal law at the University of Victoria.

Foster said McLachlin was merely relaying what the British policy was in 1763. He said she erred in her choice of words especially because she was dealing with a lay audience with little study in law.

"It's unfortunate the phrasing she used," said Foster. "What she was trying to do is explain British Imperial law."

Foster said the Canadian legal community does not see First Nations people as conquered because there was no conquest.

"I think McLachlin knows that," said Foster.

Foster said the chief justice already apologized publicly for her statements.

Assembly of First Nations Chief Matthew Coon Come publicly denounced the statement but did not seek the chief justice's removal.