In the decision, posted online Sept. 1, Judge Martin Goguen declared that it’s unconstitutional to bar Indigenous elders (or delegates, or “sachem” — tribal leaders) from representing Indigenous clients in provincial court on minor offences. This was just the ruling of one low-ranked judge who can’t set precedent anywhere in the country, but if higher courts liked his thinking, Bogue might be able to pursue a legitimate career in pseudolaw. While courts can oust him for being a vexatious litigant at present, a constitutional right of Indigenous people to be represented by peers could force judges to take him seriously instead of kicking him out.
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