In Search of Canadian Political Culture - UBC Press

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UBC Press First Nations Sacred Sites in Canada’s Courts Michael Lee Ross Between Justice and Certainty Treaty Making in British Columbia Andrew Woolford The sacred sites of indigenous peoples are under increasing threat worldwide as a result of state appropriation of control over ancestral territories. In recent decades, First Nations peoples of Canada, like other indigenous peoples, have faced hard choices. Sometimes, they have chosen to grieve in private; 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. This is the first work to examine how the courts have responded. Michael Lee Ross 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 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. 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 2005, 248 pages, 6 x 9” 0-7748-1129-3 / 978-0-7748-1129-3 cloth $95.00 0-7748-1130-7 / 978-0-7748-1130-9 paper $32.95 LAW AND SOCIETY SERIES This important piece of scholarship provides much fodder for thought ... a refreshing analysis of a complex situation. – Peter Kulchyski, coauthor of Tammarniit (Mistakes) and Kiumajut (Talking Back) In Between Justice and Certainty, Andrew Woolford examines the interplay between Aboriginal and non-Aboriginal visions of justice and certainty in the first decade of the BC treaty process to determine whether there is a space between the two concepts in which modern treaties can be made. Using interviews, field research, and both archival and modern treaty documents, Woolford argues that the goal of certainty is overriding the demand for justice, and suggests that greater attention to justice is necessary if we are to initiate a process of reconciliation between Aboriginal and non-Aboriginal peoples in British Columbia. Contents Preface and Acknowledgments 1 Introduction 2 Between the Procedure and Substance of Justice 3 The Imposition of Colonial Visions of Justice 4 First Nations Justice Frames 5 The British Columbia Treaty Process 6 Visions of Justice 7 Visions of Certainty 8 Conclusion Notes; References; Index 2005, 248 pages, 6 x 9” 0-7748-1131-5 / 978-0-7748-1131-6 cloth $95.00 0-7748-1132-3 / 978-0-7748-1132-3 paper $32.95 LAW AND SOCIETY SERIES 48 www.ubcpress.ca / 1 877 864 8477
UBC Press Intercultural Dispute Resolution in Aboriginal Contexts Edited by Catherine Bell and David Kahane This collection of essays provides a balanced view of Alternative Dispute Resolution, exploring its opportunities and effectiveness alongside its challenges and limits. The essays are international in scope, with examples of efforts at dispute resolution involving Inuit and Arctic peoples, Dene, Gitxsan and Wet’suwet’en, Tsuu T’ina, Cree, Metis, Navajo, Maori, Aboriginal Australians, and Torres Strait Islanders. 2001, 392 pages, 6 x 9” 6 figures, 1 table 0-7748-1026-2 / 978-0-7748-1026-5 cloth $85.00 0-7748-1027-0 / 978-0-7748-1027-2 paper $39.95 Redrawing Local Government Boundaries An International Study of Politics, Procedures, and Decisions Edited by John Meligrana The first international comparative study of local boundary reform, Redrawing Local Government Boundaries presents a systematic examination of the legal and regulatory procedures involved in such municipal restructuring. Contributors Abel Albet i Mas; Robert Cameron; Raphaël Fischler; Greg Lindsey; John Meligrana; Ronan Paddison; Eran Razin; Dong-Ho Shin; Jianfa Shen; Andrejs Skaburskis; Jeanne M. Wolfe; and Hellmut Wollmann 2004, 256 pages, 6 x 9” 15 maps, 2 figures 0-7748-0933-7 / 978-0-7748-0933-7 cloth $95.00 0-7748-0934-5 / 978-0-7748-0934-4 paper $32.95 Shifting Boundaries Aboriginal Identity, Pluralist Theory, and the Politics of Self-Government Tim Schouls Governing Ourselves? The Politics of Canadian Communities Mary Louise McAllister Canada is often called a pluralist state, but few commentators view Aboriginal self-government from the perspective of political pluralism. Instead, Aboriginal identity is framed in terms of cultural and national traits, while self-government is taken to represent an Aboriginal desire to protect those traits. Shifting Boundaries challenges this view, arguing that it fosters a woefully incomplete understanding of the politics of self-government. 2003, 240 pages, 6 x 9” 0-7748-1047-5 / 978-0-7748-1047-0 paper $29.95 An original contribution to the field. It serves nicely as a basic textbook and as an interpretation of the place of local institutions in the overall Canadian governance system. I think it will be used quite widely as a reference point for understanding local government. – Caroline Andrew, Department of Political Science, University of Ottawa. 2004, 352 pages, 6 ½ x 9 ½” 0-7748-1062-9 / 978-0-7748-1062-3 cloth $85.00 0-7748-1063-7 / 978-0-7748-1063-0 paper $39.95 www.ubcpress.ca / 1 877 864 8477 49
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