Mapping the Evidence

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Mappingthe Evidence

• Murray W. Browne
• Woodward Company
• Victoria, B.C. Canada

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MAPPING THE EVIDENCE

• Mapping is infused with cultural assumptions
• The doctrine of terra nullius is, in part, based
  on maps

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(No Transcript)
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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.

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Naming Ownership (Part 2)

• In William v. HMTQ, Crown counsel would not allow
  many Tsilqhotin 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

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The Inner Kingdom of theWorld of Double
Standards
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Base Map for William v. HMTQ
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Plaintiffs Map Symbols
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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.

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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

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Court Cartographer Order I
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Court Cartographer Order II
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Court Cartography Example 1
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Court Cartography Example 2
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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.

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