Ian Mulgrew: B.C. Law Society boosters of the Begbie brush-off – The Province

Like the old Soviet Communist Party airbrushing Leon Trotsky from photographs of Joseph Stalin, the Law Society of B.C. is erasing the provinces first chief justice from its image.

It has condemned Sir Matthew Begbies statue in the foyer of its Vancouver building, eliminated the little bronze Begbies that honour the lifetime contribution of the truly exceptional in the legal profession and changed the code word used to trigger safety procedures in its headquarters from Begbie to something more appropriate.

Orwell?

The Begbie icon outside the New Westminster courthouse may go, too, and across B.C. three mountains, two lakes, a creek, an elementary school, streets and other sites bearing his moniker should consider it notice.

The law societys renovations and search for a new emblem are a politically correct response to the desire of First Nations leaders, especially Grand Chief Ed John, to see the Hanging Judge stripped of standing.

In a 10-page memo, the law societys truth and reconciliation advisory committee, co-chaired by Chief John, urged the cultural sea-change.

The benchers who govern the profession unanimously endorsed the recommendation without consulting the membership, though they recognized many lawyers would disagree.

Some lawyers may have the view that because lawyers governed by the Law Society of B.C. practise colonial law, it is logical to commemorate a figure who was integral to bringing colonial law to this province, noted the memo, drafted by LSBC staff.

Only last month, my Postmedia colleague Stephen Hume celebrated Begbie as among 150 of the most noteworthy British Columbians progressive, lenient, (he) championed the rights of indigenous and other minorities exposed to racism, and didnt hesitate to speak truth to power in his case, colonial authorities.

Begbies sin, the Law Society decided, was his key role in the unilateral assertion of colonial law to the detriment of Indigenous people in B.C.

Hmmm, Queen Victoria? Father of Confederation Prime Minister John A. Macdonald? The Father of B.C. Sir James Douglas? It was Begbies fault?

In the 19th century, Canada was a white, male-only-voting nation that believed in assimilating native peoples by confining them on unsustainable reserves, settling their land and indoctrinating their children. Begbie was to blame?

He appears among the more enlightened of his time.

The six-foot-four judge arrived in 1858 from Britain when B.C. was a chaotic frontier in the throes of a gold rush. He was named chief justice of the colony in 1869, and two years later became the first provincial chief justice with B.C. joiningConfederation in 1871.

Renowned for his fluency in indigenous languages, Begbie supported aboriginal title, opposed settlers efforts to displace First Nations, prompted legislation ensuring that First Nations women received a share of the estates of white partners and defended the underdog.

In 1864, however, Begbie sentenced six Indian leaders to hang for killing 20 people in the Chilcotin.

The chiefs claimed they were driven to violence because road-building was bringing settlers and the fear of disease.

Or, as the committee report refers to it, the threat of germ warfare via the intentional infection of smallpox. Hmmm.

Begbie wrote to the governor on Sept. 30, 1864: It seems horrible to hang five men at once, especially under the circumstances of the capitulation.

The chiefs were seemingly duped into surrendering by false promises.

Nevertheless, five chiefs were hanged as murderers the following month.

Begbie told Douglas: These fellows are cruel, murdering pirates taking life and making slaves in the same spirit in which you and I would go out after partridges or rabbit-shooting.

A sixth chief was executed in New Westminster in July 1865.

The causes of the conflict, dubbed the Chilcotin War, have been variously described but historians cant ascribe it to any one factor.

Today, the chiefs are celebrated as land-claims saints and Victoria has twice issued an apology first in 1993 and again in 2014 reiterating that they should be considered heroes in their peoples struggle for autonomy.

The law society committee insisted Begbies banishment was required in the interest of truth and we are not trying to erase or rewrite the history but to enrich our understanding of history by adding the Indigenous perspective.

It sounded to me like the benchers were scapegoating Begbie for the collective guilt of a profession that helped sustain racist governments until well into the 20th century.

This decision was based on a spurious argument and feel-good intentions that belittled Begbies true historic contribution.

Just as we must understand First Nations perspectives and their heroes, so they must understand the values and champions of the nations Euro-North American founders.

Begbie has been a symbol for so long for good reason.

He was no Tom Berger, but there would have been no Berger without the tradition begun by Begbie.

imulgrew@postmedia.com

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Ian Mulgrew: B.C. Law Society boosters of the Begbie brush-off - The Province