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Mapping the Evidence

Mapping the Evidence. Murray W. Browne Woodward & Company Victoria, B.C. Canada. Mapping is infused with cultural assumptions The doctrine of terra nullius is, in part, based on maps. MAPPING THE EVIDENCE. Naming = Ownership (Part 1) .

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Mapping the Evidence

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  1. Mappingthe Evidence Murray W. Browne Woodward & Company Victoria, B.C. Canada Presented at CLE Litigation Issues for Aboriginal Law Lawyers, Vancouver (October 2004)

  2. Mapping is infused with cultural assumptions The doctrine of terra nullius is, in part, based on maps MAPPING THE EVIDENCE Mapping the Evidence (Murray Browne, Woodward & Company)

  3. Mapping the Evidence (Murray Browne, Woodward & Company)

  4. Naming = Ownership (Part 1) • Early explorers and colonial representatives were obsessed with naming places on maps that had already been named by First Nations • Many of the early European maps showed very poor geography and understanding of the area. • First Nation place names that had been in place for thousands of years were displaced or anglicized. Mapping the Evidence (Murray Browne, Woodward & Company)

  5. Naming = Ownership (Part 2) • In William v. HMTQ, Crown counsel would not allow many Tsilqhot’in place names on the base map: “too leading” • There are many unfortunate cultural assumptions embedded in this position: • European place names are “neutral” • Aboriginal place names are “prejudicial” • European place names are undisputed facts that are suitable for judicial notice. • Aboriginal place names must be proven Mapping the Evidence (Murray Browne, Woodward & Company)

  6. The Inner Kingdom of theWorld of Double Standards Mapping the Evidence (Murray Browne, Woodward & Company)

  7. Base Map for William v. HMTQ Mapping the Evidence (Murray Browne, Woodward & Company)

  8. Plaintiff’s Map Symbols Mapping the Evidence (Murray Browne, Woodward & Company)

  9. Court Cartographer I Court Cartographer: • acts as an expert to inform the Court how digitized maps have been produced • Parties share the cost • Plaintiff & other Parties can use the services of Cartography Company (CC) for advocacy purposes provided a separation is maintained between the Court Cartographer and CC employees. Mapping the Evidence (Murray Browne, Woodward & Company)

  10. Court Cartographers II • Duties include digitizing the acetate overlays created by witnesses as exhibits in the trial • Supervises the production of the maps, and certify that the digital maps and information are true reproductions of the evidence tendered in court Mapping the Evidence (Murray Browne, Woodward & Company)

  11. Court Cartographer Order I Mapping the Evidence (Murray Browne, Woodward & Company)

  12. Court Cartographer Order II Mapping the Evidence (Murray Browne, Woodward & Company)

  13. Court Cartography Example 1 Mapping the Evidence (Murray Browne, Woodward & Company)

  14. Court Cartography Example 2 Mapping the Evidence (Murray Browne, Woodward & Company)

  15. What We Have Learned • Acetate overlays can move around. • It is important to ensure that the transcript contains full verbal descriptions. • It is difficult to have no contact between the Court Cartographer and the witness doing the drawing. Ideally, the Cartographer would be in Court. • Clarify whether Parties can request recombinations of overlays. Mapping the Evidence (Murray Browne, Woodward & Company)

  16. Thank-you for your participation! Mapping the Evidence (Murray Browne, Woodward & Company)

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