Our Box was Full

Our Box was Full

Author: Richard Daly

Publisher: UBC Press

Published: 2005

Total Pages: 388

ISBN-13: 9780774810753

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For the Gitksan and Witsuwit’en peoples of northwest British Columbia, the land is invested with meaning that goes beyond simple notions of property or sustenance. Considered both a food box and a storage box of history and wealth, the land plays a central role in their culture, survival, history, and identity. In Our Box Was Full, Richard Daly explores the centrality of this notion in the determination of Aboriginal rights with particular reference to the landmark Delgamuukw case that occupied the British Columbia courts from 1987 to 1997. Called as an expert witness for the Aboriginal plaintiffs, Daly, an anthropologist, was charged with helping the Gitksan and Witsutwit’en to "prove they existed," and to make the case for Aboriginal self-governance. In order to do this, Daly spent several years documenting their institutions, system of production and exchange, dispute settlement, and proprietorship before Pax Britannica and colonization. His conclusions, which were originally rejected by Justice MacEachern, were that the plaintiffs continue to live out their rich and complex heritage today albeit under very different conditions from those of either the pre-contact or fur trade eras. Our Box Was Full provides fascinating insight into the Delgamuukw case and sheds much-needed light on the role of anthropology in Aboriginal rights litigation. A rich, compassionate, and original ethnographic study, the book situates the plaintiff peoples within the field of forager studies, and emphasizes the kinship and gift exchange features that pervade these societies even today. It will find an eager audience among scholars and students of anthropology, Native studies, law, and history.


Archive Stories

Archive Stories

Author: Antoinette Burton

Publisher: Duke University Press

Published: 2006-01-25

Total Pages: 409

ISBN-13: 0822387042

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Despite the importance of archives to the profession of history, there is very little written about actual encounters with them—about the effect that the researcher’s race, gender, or class may have on her experience within them or about the impact that archival surveillance, architecture, or bureaucracy might have on the histories that are ultimately written. This provocative collection initiates a vital conversation about how archives around the world are constructed, policed, manipulated, and experienced. It challenges the claims to objectivity associated with the traditional archive by telling stories that illuminate its power to shape the narratives that are “found” there. Archive Stories brings together ethnographies of the archival world, most of which are written by historians. Some contributors recount their own experiences. One offers a moving reflection on how the relative wealth and prestige of Western researchers can gain them entry to collections such as Uzbekistan’s newly formed Central State Archive, which severely limits the access of Uzbek researchers. Others explore the genealogies of specific archives, from one of the most influential archival institutions in the modern West, the Archives nationales in Paris, to the significant archives of the Bakunin family in Russia, which were saved largely through the efforts of one family member. Still others explore the impact of current events on the analysis of particular archives. A contributor tells of researching the 1976 Soweto riots in the politically charged atmosphere of the early 1990s, just as apartheid in South Africa was coming to an end. A number of the essays question what counts as an archive—and what counts as history—as they consider oral histories, cyberspace, fiction, and plans for streets and buildings that were never built, for histories that never materialized. Contributors. Tony Ballantyne, Marilyn Booth, Antoinette Burton, Ann Curthoys, Peter Fritzsche, Durba Ghosh, Laura Mayhall, Jennifer S. Milligan, Kathryn J. Oberdeck, Adele Perry, Helena Pohlandt-McCormick, John Randolph, Craig Robertson, Horacio N. Roque Ramírez, Jeff Sahadeo, Reneé Sentilles


'Hang Onto These Words'

'Hang Onto These Words'

Author: Antonia Curtze Mills

Publisher: University of Toronto Press

Published: 2005-01-01

Total Pages: 505

ISBN-13: 0802085342

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In his testimony, David provides a rich description of the Witsuwit?en way of life as well as the injustices suffered at the hands of Indian agents and settlers.


Eagle Down Is Our Law

Eagle Down Is Our Law

Author: Antonia Mills

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 233

ISBN-13: 0774842741

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Eagle Down Is Our Law is about the struggle of the Witsuwit'en peoples to establish the meaning of aboriginal rights. With the neighbouring Gitksan, the Witsuwit'en launched a major land claims court case asking for the ownership and jurisdiction of 55,000 square kilometers of land in north-central British Columbia that they claim to have held since before the arrival of the Europeans. In conjunction with that court case, the Gitksan and Witsuwit'en asked a number of expert witnesses, among them Antonia Mills, an anthropologist, to prepare reports on their behalf. Her report, which instructs the judge in the case on the laws, feasts, and institutions of the Witsuwit'en, is presented here. Her testimony is based on two years of participant observation with the Witsuwit'en peoples and on her reading of the anthropological, historic, archaeological, and linguistic data about the Witsuwit'en.


Aboriginal Title and Indigenous Peoples

Aboriginal Title and Indigenous Peoples

Author: Louis A. Knafla

Publisher: UBC Press

Published: 2011-01-01

Total Pages: 280

ISBN-13: 0774859296

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Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.


Aboriginal Customary Law: A Source of Common Law Title to Land

Aboriginal Customary Law: A Source of Common Law Title to Land

Author: Ulla Secher

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 542

ISBN-13: 1782253769

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Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).


Canada's Indigenous Constitution

Canada's Indigenous Constitution

Author: John Borrows

Publisher: University of Toronto Press

Published: 2010-03-06

Total Pages: 441

ISBN-13: 1442698527

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Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions. With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly. This is a major work by one of Canada's leading legal scholars, and an essential companion to Drawing Out Law: A Spirit's Guide.


Let Right Be Done

Let Right Be Done

Author: Hamar Foster

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 353

ISBN-13: 0774840110

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In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."


Aboriginal Law Since Delgamuukw

Aboriginal Law Since Delgamuukw

Author: Maria A. Morellato

Publisher: Canada Law Book Limited

Published: 2009

Total Pages: 536

ISBN-13: 9780888044860

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"With the Supreme Court of Canada's 1997 seminal decision in Delgamuukw v. British Columbia, the complexity, nature and substance of Canadian jurisprudence on Aboriginal law continues to rapidly evolve. This text analyzes the major legal developments since Delgamuukw and provides practical guidance for those who work in this quickly changing legal landscape. Under the editorial direction of Maria Morellato, Q.C., leading practitioners and academics from across Canada provide insightful and authoritative comment in four critical areas: Foundational Legal Principles and Outstanding Issues: The Path Before Us ; Addressing Aboriginal and Métis Rights on the Ground: Legal and Pragmatic Considerations ; Aboriginal Governance: Legal Rights and Customary Law ; Treaty-Making and Specific Claims."--[Résumé de l'éditeur].


A Death Feast in Dimlahamid

A Death Feast in Dimlahamid

Author: Terry Glavin

Publisher:

Published: 1998

Total Pages: 232

ISBN-13: 9780921586647

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Gitksan and Wet'suwet'en history and culture; background to the aboriginal title action Delgamuukw versus the Queen; decision of the Supreme Court of Canada in December 1997; no Australian Aboriginal content.