"Doing so presents special challenges. Historians have often used court cases to inquire into social relationships. Since such treatments also focus on cases heard before the superior courts, they give insight into how and why important legal precedents were made, why attempts to do so were rejected by the higher courts, and how public pressure affected juridical decisions.
Canadian historians have adopted a similar approach, some of who have written about aboriginal people. Shelagh Grant, for instance, in her examination of an Inuit man from Baffin Island charged with a 1921 murder, uses the resulting court case to illustrate the social and legal relationships within Inuit society and their relationship with outsiders, including the Canadian government.
These studies, however, are only possible because the cases produced an extensive documentation. The same is not true for The King vs. Sylliboy. There are no court transcripts and there is little press commentary. Moreover, since the magistrate’s decision was only appealed to the County Court, the case did not produce much additional commentary. Since Sylliboy was charged with a summary offence, his prosecution also did not initiate much investigation or testimony and the magistrate court records only include testimony of the prosecution’s witnesses. The appeal notes are also brief and do not include either an oral summary of the lawyer’s arguments or a printed copy of their factums. Besides a typed copy of the decision, the appeal file contains a series of historical documents, which the defence lawyers entered as evidence. These include a treaty signed with the Abenaki in 1727, the 1752 treaty, the Royal Proclamation of 1763, excerpts from Thomas Akin’s 1869 history of Halifax City, and minutes from various meetings of the Nova Scotia Council, the eighteenth-century Crown-appointed body that ruled the colony. Although useful for situating the lawyers’ use of historical evidence, this documentation does not explain what occurred in Judge Patterson’s courtroom. The appeal packet, however, does contain one additional piece of evidence: Judge Patterson’s summary of six Mi’kmaw men’s testimony about their understanding of the 1752 Treaty. These five pages of testimony offer a unique insight into the men’s lives and into their collected memory about the treaty."
- William C. Wicken, The Colonization of Mi’kmaw Memory and History, 1794–1928: The King v. Gabriel Sylliboy. Toronto: University of Toronto Press, 2012. p. 32











