First Nations Sacred Sites in Canada's Courts

by Michael Lee Ross

Overview

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. Of late, First Nations in Canada have taken their fight for these sites to the courts. Informed by elements of a general theory of sacred sites and supported by a thorough analysis of nearly a dozen cases, this 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 and suggests practical ways in which courts can improve their handling of the issues.

Product Details

ISBN-13:	9780774811293
Publisher:	University of British Columbia Press
Publication date:	03/15/2005
Series:	Law and Society
Pages:	248
Product dimensions:	(w) x (h) x 1.50(d)
Age Range:	18 Years

About the Author

Michael Ross has a law degree from the University of British Columbia and is working on a PhD in philosophy at the University of Toronto. He currently lives in Vancouver, British Columbia, where he is an Articled Student with Hutchins Grant and Associates, and is writing his dissertation on Aristotle on language, thought, and reality.

Table of Contents

Acknowledgments

Introduction: What First Nations Peoples Have at Stake

1 The Outlines of a General Theory of Sacred Sites

2 The Context in Which First Nations Carry Their Fight to the Courts

3 In Canada’s Courts: The Meares Strategy

4 In Canada’s Courts: The Haida Strategy

5 How First Nations Sacred Sites Have Fared in Canada’s Courts

6 Tima Kwetsi- Epilogue

Notes

Selected Bibliography

Index

What People are Saying About This

From the Publisher

"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

Peter Russell

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.

Editorial Reviews

This is a provocative book that is well worth assessing by trial lawyers interested in aboriginal issues.

The Barrister

"This is a provocative book that is well worth assessing by trial lawyers interested in aboriginal issues."—The Barrister

From the Publisher