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Distributed for University of British Columbia Press

First Nations Cultural Heritage and Law

Case Studies, Voices, and Perspectives

First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written 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. 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.


544 pages

Law and Society


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 /

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