First Nations Cultural Heritage and Law

Catherine Bell is a professor of law at the University of Alberta. Val Napoleon teaches in the Faculty of Native Studies and the Faculty of Law at the University of Alberta.Contributors: Kelly Bannister, Dale Cunningham, Dorothy First Rider, Marianne Ignace, Ron Ignace, Allyson Jeffs, Lea Joe, Susan Marsden, Heather McCuaig, Eric McLay, the Mookakin Cultural Society, George Nicholas, Brian Noble, Richard Overstall, Heather Raven, Emily Snyder, Michael Solowan, Graham Statt, Brian Thom, and Frank Weasel Head

• Preface: Respect for Elder Knowledge – Eric McLay and Lea Joe interviewing Arvid Charlie (Luschiim) / Dorothy First Rider, in consultation with Frank Weasel HeadIntroduction, Methodology, and Thematic Overview / Catherine Bell and Val NapoleonPart 1: Our Voices, Our Culture1 Recovering from Colonization: Perspectives of Community Members on Protection and Repatriation of Kwakwaka'wakw Cultural Heritage / Catherine Bell, Heather Raven, and Heather McCuaig, in consultation with Andrea Sanborn, the U'mista Cultural Society, and the 'Namgis Nation2 The Law Is Opened: The Constitutional Role of Tangible and Intangible Property in Gitanyow / Richard Overstall, in consultation with Val Napoleon and Katie Ludwig3 Northwest Coast Adawx Study / Susan Marsden4 'A'lhut tu tet Sul'hweentst [Respecting the Ancestors]: Understanding Hul'qumi'num Heritage Laws and Concerns for the Protection of Archaeological Heritage / Eric McLay, Kelly Bannister, Lea Joe, Brian Thom, and George Nicholas5 Repatriation and Heritage Protection: Reflections on the Kainai Experience / Catherine Bell, Graham Statt, and the Mookakin Cultural Society6 Poomaksin: Skinnipiikani-Nitsiitapii Law, Transfers, and Making Relatives: Practices and Principles for Cultural Protection, Repatriation, Redress, and Heritage Law Making with Canada / Brian Noble, in consultation with Reg Crowshoe and in discussion with the Knut-sum-atak Society7 Protection and Repatriation of Ktunaxa/Kinbasket Cultural Resources: Perspectives of Community MembersCatherine Bell and Heather McCuaig, in consultation with the Ktunaxa/Kinbasket Tribal Council and the Ktunaxa/Kinbasket Traditional Elders Working GroupPart 2: Experiences across the Nation8 First Nations Cultural Heritage: A Selected Survey of Issues and Initiatives / Catherine Bell, Graham Statt, Michael Solowan, Allyson Jeffs, and Emily SnyderPart 3: Reflections on Selected Themes9 Canadian Aboriginal Languages and the Protection of Cultural Heritage / Marianne Ignace and Ron Ignace10 Canada's Policy of Cultural Colonization: Indian Residential Schools and the Indian Act / Dale Cunningham, Allyson Jeffs, and Michael Solowan11 Owning as Belonging/Owning as Property: The Crisis of Power and Respect in First Nations Heritage Transactions with Canada / Brian NobleConcluding Thoughts and Unanswered Questions / Val NapoleonAppendixIndex

The essays in these two volumes [First Nations Cultural Heritage and Law and Protection of First Nations Cultural Heritage] invoke national, international, and First Nations customary law as a channel for reversing and providing redress for a major effect of colonialism. They gather substantial information around this theme in a discourse of advocacy, providing a strong focus for discussion but leaving to one side significant issues that are likely to require nuanced consideration when specific questions concerning particular aspects of heritage require resolution. - Andrea Laforet, Canadian Museum of Civilization (Museum Anthropology, Vol. 34, Issue. 1, 2011)