University of British Columbia Press
Witness to the Human Rights Tribunals
How the System Fails Indigenous Peoples
9780774867764
9780774867757
Distributed for University of British Columbia Press
Witness to the Human Rights Tribunals
How the System Fails Indigenous Peoples
An analysis of Canada’s human rights tribunal system through the lens of Indigenous justice.
On the twelfth floor of an undistinguished-looking high-rise in a Canadian city, a tribunal adjudicates the human rights of Indigenous individuals. Why isn’t the process working?
First establishing the context with an in-depth look at the role of anthropological expertise in the courts, Witness to the Human Rights Tribunals then draws on testimony, ethnographic data, and years of tribunal decisions to show how specific cases are fought. Bruce Miller’s candid analysis reveals the double-edged nature of the tribunal itself, which re-engages with the trauma and violence of discrimination that suffuses social and legal systems while it attempts to protect human rights.
Should the human rights tribunal system be replaced, or paired with an Indigenous-centered system? How can anthropologists promote understanding of the pervasive discrimination that Indigenous people face? This important book convincingly concludes that any reform must consider the problem of symbolic trauma before Indigenous claimants can receive appropriate justice.
On the twelfth floor of an undistinguished-looking high-rise in a Canadian city, a tribunal adjudicates the human rights of Indigenous individuals. Why isn’t the process working?
First establishing the context with an in-depth look at the role of anthropological expertise in the courts, Witness to the Human Rights Tribunals then draws on testimony, ethnographic data, and years of tribunal decisions to show how specific cases are fought. Bruce Miller’s candid analysis reveals the double-edged nature of the tribunal itself, which re-engages with the trauma and violence of discrimination that suffuses social and legal systems while it attempts to protect human rights.
Should the human rights tribunal system be replaced, or paired with an Indigenous-centered system? How can anthropologists promote understanding of the pervasive discrimination that Indigenous people face? This important book convincingly concludes that any reform must consider the problem of symbolic trauma before Indigenous claimants can receive appropriate justice.
Reviews
Table of Contents
Foreword / Sharon Venne-Manyfingers
Introduction
Part 1: Anthropology and Law
1 My Life in Anthropology and Law
2 Symbolic Violence, Trauma, and Human Rights
3 Thinning the Evidence, Discrediting the Expert Witness
4 Entering Evidence in an Adversarial System
5 Anthropologists versus Lawyers
Part 2: The Tribunal
6 The British Columbia Human Rights Tribunal
7 McCue v. University of British Columbia
8 Menzies v. Vancouver Police Department
Conclusion
Caselaw and Legal Materials; References; Index
Introduction
Part 1: Anthropology and Law
1 My Life in Anthropology and Law
2 Symbolic Violence, Trauma, and Human Rights
3 Thinning the Evidence, Discrediting the Expert Witness
4 Entering Evidence in an Adversarial System
5 Anthropologists versus Lawyers
Part 2: The Tribunal
6 The British Columbia Human Rights Tribunal
7 McCue v. University of British Columbia
8 Menzies v. Vancouver Police Department
Conclusion
Caselaw and Legal Materials; References; Index