The sacred sites of indigenous peoples are under increasing threat worldwide as a result of state appropriation of control over ancestral territories, coupled with insatiable demands on lands, waters, and natural resources. Yet because they spiritually anchor indigenous peoples’ relationship with the land, they are crucial to these peoples’ existence, survival, and well-being. Thus, threats to sacred sites are effectively threats to indigenous peoples themselves.In recent decades, First Nations peoples of Canada, like other indigenous peoples, have faced hard choices. Sometimes, they have chosen to grieve in private over the desecration and even destruction of their sacred sites. At other times, they have mounted public protests, ranging from public information campaigns to on-the-ground resistance. Of late, they have also taken their fight to the courts. First Nations Sacred Sites in Canada’s Courts is the first work to examine how the courts have responded. Informed by elements of a general theory of sacred sites and supported by a thorough analysis of nearly a dozen cases, the book demonstrates not merely that the courts have failed to treat First Nations sacred sites fairly but also why they have failed to do so.The book does not end on a wholly critical note, however, but suggests practical ways in which courts can improve their handling of the issues. Finally, it shows that Canada too has something profound at stake in the struggle of First Nations peoples for their sacred sites.
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This book demonstrates how and why courts have failed to fairly treat First Nations sacred sites, which are under increasing threat worldwide due to state appropriation and insatiable demands on natural resources.
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AcknowledgmentsIntroduction: What First Nations Peoples Have at Stake1 The Outlines of a General Theory of Sacred Sites2 The Context in Which First Nations Carry Their Fight to the Courts3 In Canada’s Courts: The Meares Strategy4 In Canada’s Courts: The Haida Strategy5 How First Nations Sacred Sites Have Fared in Canada’s Courts6 Tima Kwetsi- EpilogueNotesSelected BibliographyIndex
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This is a provocative book that is well worth assessing by trial lawyers interested in our aboriginal issues.
I know of no other book that even attempts to do what Michael Ross's very careful and intelligent legal analysis accomplishes here. Ross's arguments are logically presented and clear, and he makes an important contribution to the literature.
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I know of no other book that even attempts to do what Michael Ross's very careful and intelligent legal analysis accomplishes here. Ross's arguments are logically presented and clear, and he makes an important contribution to the literature. -- Peter Russell, Professor Emeritus in Political Science, University of Toronto
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Produktdetaljer

ISBN
9780774811309
Publisert
2006
Utgiver
Vendor
University of British Columbia Press
Vekt
340 gr
Høyde
229 mm
Bredde
152 mm
Aldersnivå
UU, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
248

Forfatter

Biographical note

Michael Ross practicies law with Peter Grant and Associates in Vancouver. His focus is on the rights of indigenous peoples in Canadian and international human rights law.