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-centred 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.
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Witness to the Human Rights Tribunals offers a behind-the-scenes account of the difficulties facing Indigenous people in human rights tribunals, and the struggles of experts to keep their own testimony from being undermined.
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Foreword / Sharon Venne-ManyfingersIntroductionPart 1: Anthropology and Law1 My Life in Anthropology and Law2 Symbolic Violence, Trauma, and Human Rights3 Thinning the Evidence, Discrediting the Expert Witness4 Entering Evidence in an Adversarial System5 Anthropologists versus LawyersPart 2: The Tribunal6 The British Columbia Human Rights Tribunal7 McCue v. University of British Columbia8 Menzies v. Vancouver Police DepartmentConclusionCaselaw and Legal Materials; References; Index
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"This book is a masterful analysis of the ongoing struggle over Indigenous litigation in Canada and the US, written by one of the leading experts on the subject."
A finely grained methodological tour de force, Witness to the Human Rights Tribunals brilliantly details the distance between Indigenous people’s concerns and the capacity of the judicial system to redress wrongs.
Les mer
Witness to the Human Rights Tribunals offers a behind-the-scenes account of the difficulties facing Indigenous people in human rights tribunals, and the struggles of experts to keep their own testimony from being undermined.
Les mer
Produktdetaljer
ISBN
9780774867764
Publisert
2023
Utgiver
Vendor
University of British Columbia Press
Vekt
360 gr
Høyde
229 mm
Bredde
152 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
240
Forfatter
Foreword by
Om bidragsyterne
Bruce Granville Miller is a professor of anthropology at the University of British Columbia. He has served as an expert witness in numerous human rights tribunal cases and his work with Indigenous communities in the context of presenting oral history has been particularly instrumental. Among his many publications are Oral History on Trial: Recognizing Aboriginal Narratives in the Courts and “Be of Good Mind”: Essays on the Coast Salish.