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'Berger helped the North make its own destiny'
Former justice receives hero's welcome to Yellowknife 40 years after famous inquiry

Stewart Burnett
Northern News Services
Friday, March 6, 2015

SOMBA K'E/YELLOWKNIFE
A packed auditorium at the Prince of Wales Northern Heritage Centre gave former Justice Thomas Berger a rock star's welcome on Tuesday night.

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Former Justice Thomas Berger addresses a packed room at the Prince of Wales Northern Heritage Centre Tuesday. It was 40 years to the day when the Berger Inquiry began at The Explorer Hotel in 1975. - Stewart Burnett/NNSL photo

People of all ages and backgrounds filled every chair, stood in every corner and even sat on the windowsills - all squeezing in to see the return of the man many credit with giving Northern aboriginals a voice on the national political stage.

Berger headed the Mackenzie Valley Pipeline Inquiry in the 1970s, also known as the Berger Inquiry, which sought input from indigenous communities. Ultimately the Canadian government suspended its plans for a pipeline until land claims were settled and environmental protections put in place. The museum has opened an exhibit chronicling the event called Thunder In Our Voices.

Tuesday marked 40 years to the day since the inquiry started at The Explorer Hotel in 1975. Berger had been tasked with writing the inquiry but felt stacks of expert opinion from industry, though valuable, did not cover all of the input he was going to need. That set him on a Northern adventure through aboriginal communities to listen to what people living in the affected areas had to say.

"It was a marvellous experience," said Berger in his hour-long presentation to the attentive and insatiable crowd.

He visited hunting camps, fishing camps and saw the Porcupine Caribou herd.

"It was an experience that perhaps no Canadian had ever enjoyed. I still think about it often."

Now 82, Berger said one thing was clear during all his community meetings: people of the North wanted to have a say in how their land is developed, and land claims needed to be settled before a pipeline could come through.

"At the time in the '70s, people didn't know much about the North," said Berger. "I didn't. I'd never been to the Northwest Territories or the Yukon or Nunavut. I was learning and I think Canadians learned along with me."

He said people across the country were interested in hearing from the Northern aboriginal communities.

"They'd never heard them speak up and speak out before," said Berger. "There was a lot of interest."

The legal landscape for aboriginal people has changed today, he said.

"When I went to law school in the 1950s, nobody ever brought up the question of the rights of aboriginals," said Berger. "Nobody. None of the professors in the courses, and none of us students ever raised it."

A series of small cases taken to the Supreme Court in British Columbia and then the Berger Inquiry helped open that door, making it into an integral aspect of political discussion today.

"The future for the Northwest Territories looks bright," said Berger.

His speech ended with a long standing ovation.

Berger wasn't the only one with a lot to say and remember.

"We value our way of life," said Dettah chief Ed Sangris. "We value our tradition and our culture."

Leaders have to walk a fine line between economic development and environmental stewardship, Sangris said in opening remarks before Berger took the microphone.

"We have to thank the special guest for helping us along. We also give thanks to all the people in our territories who have voices ... Some of them have gone on and some of them are still alive today."

Lifelong Yellowknifer Erin Freeland described the night as a historic moment.

"Berger helped the North make its own destiny," she said afterward.

"It's exciting. There are many generations gathering together to celebrate what a powerful time it was and what a powerful future it's created for us."

Taking care of the land and each other is just as important today, she said.

"I think you see the passion for the future continuing. It's wonderful to see everyone in the community come together and celebrate an important part of our past."

David Ryan is a high school social studies teacher at the K'alemi Dene School. He brought his students earlier in the day to see the museum's exhibit.

"It's an important learning experience for them to know about the Berger Inquiry," said Ryan. "It was a time when aboriginal indigenous groups started gathering steam and reclaiming some of their rights. I think the Berger Inquiry was a catalyst for the people to become more organized."

Youth of today need to know why the Dene people in the '70s were not ready for a pipeline, he said. "It's nice to see our students taking an interest in past issues because history is ongoing," said Ryan. "These issues still remain at the forefront today and some of these students might be leaders and they need to

know their past."

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