In 1981 when Canada was debating the merits of a diversity of provisions in the proposed Charter of Rights and Freedoms, Berger wrote an open letter to the Globe and Mail newspaper asserting that the rights of Aboriginal Canadians and women needed to be included in any proposed charter. In 1983 he was reprimanded by the Canadian Judicial Council for this activism, even though his comments "did not related to any existing statute or court decision". Shortly thereafter he chose to resign as a judge and returned to practice as a lawyer. Berger's expertise and reputation for thorough and independent assessment were immediately seen as an asset for indigenous communities. He was invited by the Inuit Circumpolar Conference to lead the Alaska Native Review Commission (1983-1985) which culminated in the publication of "Village Journey (1985)".