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Intercultural Dispute Resolution in Aboriginal Contexts
In the last twenty years, there has been a growing interest in alternative dispute resolution (ADR), as scholars and practitioners seek more effective, context-sensitive approaches to conflict. Where formerly conflict was tackled and “resolved” in formal legal settings and with an adversarial spirit, more conciliatory approaches – negotiation, mediation, problem-solving, and arbitration – are now gaining favour. These new methods are proving especially appropriate in intercultural contexts, particularly for Aboriginal land claims, self-government, and community-based disputes. The essays collected here by Catherine Bell and David Kahane provide a balanced view of ADR, exploring its o...
Talking on the Page
Essays examine the problems inherent in attempting to record oral cultures for a visual society. What happens when the oral stories, beliefs, or histories of North American Native peoples are transferred to paper or other media?
Protection of First Nations Cultural Heritage
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. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?
Talk and Log
For more than three decades, the fate of British Columbia’s old-growth forests has been a major source of political strife. While more than 5 million hectares of wood were being clearcut, the BC wilderness movement and forest industry supporters clashed, as they continue to do, both pressing their arguments in a variety of forums, ranging from television studios and logging road blockades to royal commission hearings and cabinet ministers’ offices. The resulting record of conflict confirms American historian Paul Hirt’s characterization of forest policy as "party an ideological issue, partly biological, partly economic, partly technical, and wholly political." Talk and Log is a compreh...
White Gold
During the past fifty years, Canadians have seen many of their white-water rivers dammed or diverted to generate electricity primarily for industry and export. The rush to build dams increased utility debts, produced adverse consequences for the environment and local communities, and ultimately resulted in the layoff of 25,000 employees. White Gold looks at what went wrong with hydro development, with the predicted industrial transformation, with the timing and magnitude of projects, and with national and regional initiatives to link these major projects to a trans-Canada power grid.
Vigilante Justice in Society and Popular Culture
This unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jur...
Handbook of Intellectual Property Research
This book offers a comprehensive overview of the methods and approaches that could be used as guidelines to address and develop scholarly research questions related to intellectual property law, bringing together contributions from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions.
Strategies of Justice
This volumes argues that it is essential for political theorists to think carefully about the political circumstances of indigenous groups facing persistent injustice, and about the political methods that these groups may adopt in seeking to improve their condition, particularly focusing on indigenous communitities in the US and Canada.
Between Consenting Peoples
Consent has long been used to establish the legitimacy of society. But when one asks - who consented? how? to what type of community? - consent becomes very elusive, more myth than reality. In Between Consenting Peoples, leading scholars in legal and political theory examine the different ways in which consent has been used to justify political communities and the authority of law, especially in indigenous-nonindigenous relations. They explore the kind of consent - the kind of attachment - that might ground political community and establish a fair relationship between indigenous and nonindigenous peoples.
Canada's Indigenous Constitution
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.
