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Witness to the Human Rights Tribunals: How the System Fails Indigenous Peoples

Autor Bruce Miller Cuvânt înainte de Sharon Venne-Manyfingers
en Limba Engleză Paperback – 23 noi 2023
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.

 
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Specificații

ISBN-13: 9780774867764
ISBN-10: 0774867760
Pagini: 240
Ilustrații: 8 tables
Dimensiuni: 152 x 229 x 18 mm
Greutate: 0.36 kg
Editura: University of British Columbia Press
Colecția University of British Columbia Press

Notă biografică

Bruce Granville Miller is professor of anthropology at the University of British Columbia. He is the author of several books, including Oral History on Trial: Recognizing Aboriginal Narratives in the Courts and “Be of Good Mind”: Essays on the Coast Salish.

Cuprins

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

Recenzii

“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.”

"Miller’s expertise and experience in this area are extremely significant. His insights in this book are invaluable."