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 Featured Title
First Nations Cultural Heritage and Law
Case Studies, Voices, and Perspectives
Catherine Bell   Val Napoleon  

$87.00 Hardcover
Release Date: 8/13/2008
ISBN: 9780774814614    

$36.95 Paperback
Release Date: 1/1/2009
ISBN: 9780774814621    

544 Pages

Law and Society series


About the Book

Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment.

First Nations Cultural Heritage and Law is the first of two interdisciplinary volumes exploring First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in plain language and in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. It will be of interest to indigenous communities and their leaders, museum personnel and other cultural heritage professionals, academics and students, government policy workers, treaty negotiators, lawyers, and others interested in First Nations cultural heritage.

Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples. Beyond this audience, it will be of interest to cultural heritage professionals; academics and students; government workers; treaty negotiators; lawyers; and others who work with or are interested in First Nations cultural heritage.

About the Author(s)

CATHERINE BELL is a professor of law at the University of Alberta. VAL NAPOLEON teaches in the Faculty of Native Studies and the Faculty of Law at the University of Alberta.

Table of Contents

Preface: Respect for Elder Knowledge
Eric McLay and Lea Joe interviewing Arvid Charlie (Luschiim)
Dorothy First Rider, in consultation with Frank Weasel Head


Introduction, Methodology, and Thematic Overview
Catherine Bell and Val Napoleon

Part 1: Our Voices, Our Culture

1 Recovering from Colonization: Perspectives of Community Members on Protection and Repatriation of Kwakwaka’wakw Cultural Heritage
Catherine Bell, Heather Raven, and Heather McCuaig, in consultation with Andrea Sanborn, the U’mista Cultural Society, and the ‘Namgis Nation

2 The Law Is Opened: The Constitutional Role of Tangible and Intangible Property in Gitanyow
Richard Overstall, in consultation with Val Napoleon and Katie Ludwig

3 Northwest Coast Adawx Study
Susan Marsden

4 ‘A’lhut tu tet Sul’hweentst [Respecting the Ancestors]: Understanding Hul’qumi’num Heritage Laws and Concerns for the Protection of Archaeological Heritage
Eric McLay, Kelly Bannister, Lea Joe, Brian Thom, and George Nicholas

5 Repatriation and Heritage Protection: Reflections on the Kainai Experience
Catherine Bell, Graham Statt, and the Mookakin Cultural Society

6 Poomaksin: Skinnipiikani-Nitsiitapii Law, Transfers, and Making Relatives: Practices and Principles for Cultural Protection, Repatriation, Redress, and Heritage Law Making with Canada
Brian Noble, in consultation with Reg Crowshoe and in discussion with the Knut-sum-atak Society

7 Protection and Repatriation of Ktunaxa/Kinbasket Cultural Resources: Perspectives of Community Members
Catherine Bell and Heather McCuaig, in consultation with the Ktunaxa/Kinbasket Tribal Council and the Ktunaxa/Kinbasket Traditional Elders Working Group

Part 2: Experiences across the Nation

8 First Nations Cultural Heritage: A Selected Survey of Issues and Initiatives
Catherine Bell, Graham Statt, Michael Solowan, Allyson Jeffs, and Emily Snyder

Part 3: Reflections on Selected Themes

9 Canadian Aboriginal Languages and the Protection of Cultural Heritage
Marianne Ignace and Ron Ignace

10 Canada’s Policy of Cultural Colonization: Indian Residential Schools and the Indian Act
Dale Cunningham, Allyson Jeffs, and Michael Solowan

11 Owning as Belonging/Owning as Property: The Crisis of Power and Respect in First Nations Heritage Transactions with Canada
Brian Noble

Concluding Thoughts and Unanswered Questions
Val Napoleon

Appendix: Standard Question Set




"The essays in these two volumes invoke national, international, and First Nations customary law as a channel for reversing and providing redress for a major effect of colonialism. They gather substantial information around this theme in a discourse of advocacy, providing a strong focus for discussion but leaving to one side significant issues that are likely to require nuanced consideration when specific questions concerning particular aspects of heritage require resolution."
-- Andrea Laforet, Canadian Museum of Civilization, Museum Anthropology, Vol. 34, Iss. 1, pp. 71-85 & 2011 by the American Anthropological Association. Joint review of First Nations Cultural Heritage and Law, Catherine Bell and Val Napoleon, eds. and Protection of First Nations Cultural Heritage, Catherine Bell and Robert K. Paterson, eds.

Sample Chapter

Front Matter and Chapter One

Related Topics

Aboriginal Studies

Other Ways To Order

In Canada, order your copy of First Nations Cultural Heritage and Law from UTP Distribution at:

UTP Distribution
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Toronto, Ontario
M3H 5T8

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Fax orders: 1(800)221-9985 or (416)667-7832

Ordering information for customers outside Canada

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