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Duncan Lovell McKillop fonds
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Duncan Lovell McKillop fonds

  • CA LASA 120
  • Fonds
  • 1982-1989

Fonds consists of three series. Series One, R. v. Keegstra - Judgements and Appeal Documents, is primarily made up of copies of the documents that both McKillop and the Crown prosecutor, Bruce Fraser, filed, including factums and other written arguments, books of authorities, and evidence, for a pretrial application regarding the constitutionality of the hate crime provisions of the Criminal Code and then subsequently for Keegstra’s appeal of his 1985 conviction, also on the grounds the hate crime provisions were unconstitutional. The series also includes additional research files on case law; constitutional law; the Charter of Rights and Freedoms; correspondence between McKillop and Doug Christie, Keegstra’s primary lawyer; and newspaper clippings regarding Keegstra’s trial and freedom of speech. Series Two, McKillop Accident Litigation, consists of files McKillop compiled as the plaintiff in a Montana lawsuit after he and his family were in a serious motor vehicle accident while driving through the Blackfeet Indian Reservation in western Montana. McKillop joined the bar of the Blackfeet Nation to pursue the litigation, but later hired Montana counsel, and ultimately successfully settled the litigation. The series includes court documents filed at different levels of court in Montana, depositions, medical reports, economic reports on McKillop’s loss of income, correspondence with Montana counsel and insurers involved in the litigation and settlement, and research files on American tort and aboriginal law. Series Three, McKillop Accident Photographs, consists of police accident scene photos McKillop later used as an exhibit in his litigation, as well as other photographs McKillop took of the accident scene and photographs of his injuries.

McKillop, Duncan Lovell

McKillop Accident Litigation

Series consists of files for McKillop’s lawsuit in Montana arising from a motor vehicle accident in 1982 that left him seriously injured and permanently disabled. McKillop joined the bar of the Blackfeet Nation in Montana to represent himself in the lawsuit but later also engaged Montana counsel. The defendants were Blackfeet Indians. The accident took place on a state highway within the Blackfeet Indian Reservation in northwestern Montana, raising jurisdictional issues, and was eventually carried forward in United States District Court. The case was settled in McKillop’s favour in 1984. The series includes court documents filed at different levels of court in Montana, depositions, medical reports, economic reports on McKillop’s loss of income, correspondence with Montana counsel and insurers involved in the litigation and settlement, and research files on American tort and aboriginal law.

McKillop Accident Photos

Series consists of photos of the 1982 McKillop accident site in Montana and later Polaroid photos of McKillop’s injuries and the accident site. Accident scene photos were taken shortly after the accident, likely by accident investigators with the police, and were entered as exhibits in McKillop’s litigation. McKillop also returned to the accident scene and took his own Polaroid photos as well as two of his healing injuries. The series also includes two snapshots of McKillop relaxing in his van prior to the accident.

R. v. Keegstra, Judgements and Appeal Documents

Series consists of written arguments, factums, books of authorities, and supplemental arguments and authorities filed for the pretrial application regarding the constitutionality of the hate crime provisions of the Criminal Code and for Keegstra’s appeal of his 1985 conviction on the same grounds. Includes the filings of Bruce Fraser, the crown prosecutor for the Keegstra trial. Also includes the judgements issued on the application and the conviction appeal, and research files of case law, book extracts and articles pertaining to the Charter of Rights and Freedoms, freedom of speech, and laws restricting free speech. Series also includes correspondence between McKillop and Doug Christie, Keegstra’s lead lawyer, and newspaper clippings regarding Keegstra’s trial and freedom of speech.