Description
First Nations Sacred Sites in Canada's Courts is a detailed analysis and critique of the court cases involving First Nations and sacred sites in British Columbia. This legal work examines the way Canadian courts have responded to specific cases involving First Nations and their sacred lands. The author outlines a general theory of sacred sites in chapter one. Sacred places identified by First Nations have a deep symbolism and spiritual as well as physical significance for the culture. Canadian courts have been asked to make judgments about the fairness of a First Nation's claim to a sacred site and to protect that site for the First Nation. The author identified two strategies, the Meares and the Haida, as legal methods employed by First Nations to protect their sacred site from desecration and destruction. Here the author finds that the courts failed miserably. He offers some ways the Canadian courts can improve their treatment of sacred places belonging to First Nations in the final chapter. He notes that all Canadians have a stake in the process as well as the First Nations and their lands.