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William Wicken fonds
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William Wicken fonds

  • F0568
  • Fonds
  • 1992-2008

Fonds consists of project files created by William Wicken through his work as researcher and expert witness in projects and legal cases involving Mi'kmaq treaties, and their rights to hunt, fish, and trade. The files include correspondence with counsel for the Crown and the defense, reports on Mi'kmaq society and land treaties based on original research using archival and published documents, legal and historical opinions on the interpretion of treaties and unexhausted rights under section 35 of the Canadian Constitution, and reproductions of documents used in provincial and appeal courts in Nova Scotia, New Brunswick, Newfoundland, and the Supreme Court of Canada. Some files deal with issues of governance, and negotiations with the federal departments of Indian and Northern Affairs, and Fisheries and Oceans. Other files contain information on aboriginal title research involving the Mi'kmaq of Gaspe and Prince Edward Island. The fonds also includes Wicken's research notebooks from 1994 to 2002, and his daily appointment books from 1993 to 2007. The fonds offers considerable information on research into aboriginal land titles in Atlantic Canada and Quebec, and the major role played by professional historians in addressing issues of legal rights and cultural identities.

Wicken, William Craig, 1955-

Viger title claim

File consists of handwritten notes regarding archival documents, as well as notes regarding Shubenacadie Indian Band v. Attorney General of Canada.

Viger First Nation : report

File consists of William Wicken's report, "The Malecite in the St. Lawrence River Valley, 1608-1827 : statement of opinion submitted to Francois Robert of Martin, Camirand, Pelletier," 27 June 2001, with assessments of the work of Wicken and Laurence Johnson by Dennis Madill and John Leslie.

Viger First Nation : meeting

File consists of an agenda for a meeting between representatives of the Government of Canada and the Maliseet of Viger to discuss research by Wicken and Johnson, and "Criteria for acceptance of comprehensive land claims."

Viger First Nation

File consists of the report by Kenny and Parenteau Research Associates, "Aboriginal presence in southeastern Quebec during the pre-historical and early historical periods."

Viger First Nation

File consists of a report in French regarding occupation of land in Quebec by the Malecite and Viger First Nation.

Union of Nova Scotia Indians : oral history

File consists of correspondence regarding the ethics review for William Wicken's proposal to interview members of the Mi'kmaq community as part of his work for the Union on Shubenacadie v. Attorney General of Canada and R. v. MacDonald. (See 2010-004/011(2) for the recordings of two interviews from this project.)

Union of New Brunswick Indians : pipeline

File consists of transcripts of direct testimony from several experts (including William Wicken) regarding an application by Enbridge Gas New Brunswick Inc. for permits to construct pipelines through southern New Brunswick.

Treaty Day

File consists of the programme prepared for the general assemblies of the Union of Nova Scotia Indians and the Native Council of Nova Scotia, 29 September-1 October 1994.

R. v. Stephen Frederick Marshall : documents

File consists of reports prepared by William Wicken, including the outline of his testimony, "Mi'kmaq place-names found within the present-day borders of mainland Nova Scotia and Cape Breton Island according to research of W.F. Ganong and Silas Rand," "Mi'kmaq place names as found in pre-1783 documents," and "Glossay of significant names, events and terminologies."

R. v. St. Jacques : documents

File consists of a preliminary list of documents for a case involving the harvest of "birds eye" maple by the Maliseet in north and central New Brunswick.

R. v. St. Jacques

File consists of correspondence regarding engagement of William Wicken's services as an expert witness.

R. v. Polches

File consists of an opinion by William Wicken regarding night hunting practices of the Maliseet, and his affidavit and a list of exhibits for the Court of Appeal of New Brunswick.

R. v. Paul et. al

File consists of correspondence regarding gaming offences on the Tobique Indian Reserve in New Brunswick, and statements of opinion prepared by William Wicken regarding treaties made between the British Crown and Maliseet peoples, as well as their impact on Maliseet political life.

R. v. McCoy

File consists of correspondence, agreed statement of facts, and notes regarding trees cut from the lands of the New Brunswick Railway Company, a subsidiary of J.D. Irving Ltd., in the context of Maliseet treaty rights to hunt, fish and harvest timber.

R. v. MacDonald : Treaty & Aboriginal Rights Research Centre

File consists of correspondence regarding William Wicken's interviews with families from Annapolis and Digby regions now living in Shubenacadie to determine historical fishing practices of the Mi'kmaq people. (See 2010-004/011(2) for the recordings of two interviews from this project.)

R. v. MacDonald : oral history

File consists of an oral history project proposal by William Wicken. (See 2010-004/011(2) for the recordings of two interviews from this project.)

R. v. Labillois

File consists of correspondence and lists of documents regarding a case dealing with boundaries between Mi'kmaq and Maliseet lands in relation to hunting moose.

R. v. John Paul

File consists of a reports by James Wherry, "Documents relating to the history of the Passamaquoddy Indian presence in Charlotte County, New Brunswick," and by Stephen Patterson, "The Maliseet and the question of their historical use of land at Grand Lake," 26 June 2007.

R. v. Duthie

File consists of William Wicken's statement of opinion regarding Mi'kmaq occupation and use of the Miramichi watershed from approximately the 1530s to 1779, and judicial decisions in the case involving Richard Lewis Paul and William Joseph Duthie for hunting moose out of season in New Brunswick.

R. v. Drew : William Wicken

File consists of a review of factums submitted to the Newfoundland Supreme Court, lists of documents related to the case, and correspondence and invoices regarding Wicken's services.

R. v. Donald Marshall Junior

File consists of handwritten and typescript notes on the defense of Marshall against charges for catching and selling eels from Pomquet Harbour in Antigonish County.

R. v. Dedam

File consists of correspondence and lists of documents associated with the charges against Howard Dedam and Henry Frances under the Fisheries Act to be heard in Newcastle, New Brunswick.

R. v. Bernard : Bruce Wildsmith

File consists of correspondence with the counsel for Joshua Bernard in a case heard before the New Brunswick Provincial Court and Supreme Court of Canada regarding aboriginal rights associated with use, occupancy, and logging on Crown lands.

R. v. Babin : interviews by Janet E. Chute : master tapes

File consists of sound recordings of interviews with Lillian Melanson, Delbert Muise, John Paul Babin, Ella Muise, John Muise, Leslie Muise, Paul Babin, Helen Babin, Bernie Doucet, Beatrice Doucette, James Breen, Andy Nickerson, and Tony Gaudet, August 2004.

R. v. Babin

File consists of reports by William Wicken, "The Metis in Southwestern Nova Scotia," October 2004, and "Review of Alexander von Gernet's opinion in R. v. Babin," April 2008.

R. v. Augustine

File consists of correspondence from a Crown Prosecutor in New Bruswick, requesting an opinion regarding traditional boundaries for moose hunting between Mi'kmaq and Maliseet territories.

Patterson, Stephen

File consists of reports written by Patterson for the governments of New Brunswick and Nova Scotia on land, treaties, and aboriginal rights.

Nova Scotia : Tom Malloy : agreement

File consists of the text of an umbrella agreement between the Mi'kmaq and the governments of Nova Scotia and Canada regarding a Tripartite Forum and broad negotiation and consultative processes to investigate, discuss, and resolve issues associated with treaty and constitutionally protected aboriginal rights.

Notes : includes Marshall case

File consists of William Wicken's handwritten notes concerning research, observations, and issues for further investigation for his book on the Donald Marshall Junior case.

Notes

File consists of handwritten notes concerning R. v. Bernard, meetings with Bruce Wildsmith, discussions with the Union of New Brunswick Indians regarding the applications for permits by Enbridge Gas to construct pipelines across southern New Brunswick, testimony in R. v. Stephen Frederick Marshall, and work with the Mi'gmawei Mawiomi Secretariat.

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