
Witness to the Human Rights Tribunals
How the System Fails Indigenous Peoples
Bruce Granville Miller(Author)
University of British Columbia Press
Published on 1. November 2023
Book
Paperback/Softback
240 pages
978-0-7748-6776-4 (ISBN)
Description
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.
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.
Reviews / Votes
"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."- Daniel L. Boxberger, Western Washington University (BC Studies) "[Miller's] approach is valuable. It allows critical details that would be ignored by lawyers and case reports to be recorded"
- Harry Hobbs, University of Technology Sydney (JACANZS) engagingly practical instead of theoretical.
- G. Christensen, Stetson University College of Law (CHOICE Connect)
More details
Language
English
Place of publication
Vancouver
Canada
Target group
Professional and scholarly
Product notice
Paperback (trade)
Illustrations
8 tables
Dimensions
Height: 229 mm
Width: 152 mm
Weight
360 gr
ISBN-13
978-0-7748-6776-4 (9780774867764)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
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.
Content
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