The sacred sites of indigenous peoples are under increasing threat
worldwide. The threat's origin is traceable to state appropriation
of control over their ancestral territories; its increase is fueled
by insatiable demands on lands, waters, and natural resources.
Because their sacred sites spiritually anchor their relationship
with their lands, and because their relationship with their lands
is at the core of their identities, threats to their 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 foregone
public defence of their threatened sacred sites in order to avoid
compounding disrespect and to grieve in private over the
desecration and even destruction. Other times, they have mounted
public protests - ranging from public information campaigns to
on-the-ground resistance, the latter having occurred famously at
Oka, Ipperwash, and Gustafsen Lake. 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 Canada's courts have
responded. thorough analysis of nearly a dozen cases, the book
demonstrates not merely that the courts have failed but also why
they have failed to treat First Nations sacred sites fairly. The
book does not, however, end on a wholly critical note. It goes on
to suggest practical ways in which courts can improve on their
treatment of First Nations sacred sites and, finally, to reflect
that Canada too has something profound at stake in the struggle of
First Nations peoples for their sacred sites. Although intended for
anthropologists, lawyers, judges, politicians, and scholars
(particularly those in anthropology, law, native studies, politics,
and religious studies), First Nations Sacred Sites in Canada's
Courts may be read with profit by anyone interested in the evolving
relationship between indigenous peoples and the modern state.
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