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First Nations Sacred Sites in Canada's Courts

by Michael Lee Ross

Part of the Law and Society Series

First Nations Sacred Sites in Canada's Courts Synopsis

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.

First Nations Sacred Sites in Canada's Courts Press Reviews

This is a provocative book that is well worth assessing by trial lawyers interested in our aboriginal issues. -- Ronald F. MacIsaac * The Barrister *

Book Information

ISBN: 9780774811309
Publication date: 1st January 2006
Author: Michael Lee Ross
Publisher: University of British Columbia Press
Format: Paperback / softback
Pagination: 248 pages
Categories: Constitutional & administrative law,

About Michael Lee Ross

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.

More About Michael Lee Ross

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