Michael Higgins: Woke B.C. law society hostile to verifiable reality
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Whatever the ideology, it is usually cloaked in virtuous sentiment and undisputed righteousness so that it appears less a belief and more an incontrovertible truth.
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What began for British Columbia lawyer Jim Heller as a straightforward battle to get his law society to admit what he believes is a simple truth about the Kamloops residential school graves has now morphed into questions over ideology.
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Is the Law Society of British Columbia (LSBC) ideologically captured by the Indian residential school narrative? And if so, is the LSBC unable to distinguish what is true?
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These questions arise from new legal documents in Heller's libel suit against the LSBC. He accuses the law society of defaming him for questioning the narrative that 215 'bodies' were found in unmarked graves at the site of the Kamloops Indian Residential School in May 2021.
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Heller wanted the law society to insert the word 'potential' before 'unmarked graves' in its educational material for lawyers to highlight that no bodies have, to date, been discovered, or unearthed, at the site.
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He contends that for this 'crime' he has been accused of being a racist and a denialist, hence the lawsuit.
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In its defence, the LSBC has filed a Response to Civil Claim (RCC) in which it denies libelling Heller, accuses him of holding 'misinformed and misguided views' and says its course material is accurate.
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Heller has now filed an application to strike the RCC, claiming it is 'convoluted and incomprehensible' and is mainly the view of various academics opining about the Indian residential school system.
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But his application also accuses the LSBC of being ideologically driven.
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'The LSBC is significantly involved in promoting various ideological perspectives,' says the application. 'Its defamation of Heller and its conduct in this litigation reflects an emotionally charged ideological culture in which objective fact-finding and ethical standards have become secondary to the objective of protecting certain narratives.'
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It adds, 'The tone and content of the RCC and rejection of a quick and inexpensive settlement reflects the use of this litigation to promote ideological perspectives and to double down in its attacks of Heller intended to deter potential debate on certain subjects.'
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In his affidavit to the court, which the National Post has seen, Heller says, 'I have observed a cultural change at the LSBC over the last few years and believe ideological perspectives have compromised objectivity and ethical decision-making on certain subjects. Such perspectives include, for example, belief about the legal system's complicity in the genocide of Indigenous people and the need to 'decolonize' institutions, policies, procedures and practices.' Heller cites the LSBC's 2023 report of the Indigenous Engagement in Regulatory Matters Task Force in which the law society 'acknowledges that it has contributed to the perpetuation of colonialism' and that 'violation of Indigenous rights have been authorized by colonial law and normalized within colonial society.'
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