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book: Telling It to the Judge
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Telling It to the Judge

Taking Native History to Court
Language: English
Published/Copyright: 2011

About this book

In 1973, the Supreme Court's historic Calder decision on the Nisga'a community's title suit in British Columbia launched the Native rights litigation era in Canada. Legal claims have raised questions with significant historical implications, such as, "What treaty rights have survived in various parts of Canada? What is the scope of Aboriginal title? Who are the Métis, where do they live, and what is the nature of their culture and their rights?"

Arthur Ray's extensive knowledge in the history of the fur trade and Native economic history brought him into the courts as an expert witness in the mid-1980s. For over twenty-five years he has been a part of landmark litigation concerning treaty rights, Aboriginal title, and Métis rights. In Telling It to the Judge, Ray recalls lengthy courtroom battles over lines of evidence, historical interpretation, and philosophies of history, reflecting on the problems inherent in teaching history in the adversarial courtroom setting.

Told with charm and based on extensive experience, Telling It to the Judge is a unique narrative of courtroom strategy in the effort to obtain constitutional recognition of Aboriginal and treaty rights.

Author / Editor information

Contributor: Arthur J. Ray Arthur J. Ray is professor emeritus of history at the University of British Columbia and author of Aboriginal Rights Claims and the Making and Remaking of History and Telling It to the Judge: Taking Native History to Court.

Reviews

"By telling his story and placing the reader in the courtroom, the author provides a very informative, enlightening, and entertaining work. Summing Up: Highly recommended." CHOICE --- “Arthur Ray draws upon many years of experience as an expert witness in this autobiographical account of his participation in court cases concerned with Aboriginal rights.” British Journal of Canadian Studies --- "... a very informative, enlightening, and entertaining book." Choice

Topics

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    Front Matter

    i
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    Contents

    ix
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    List of Tables

    xi
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    List of Figures

    xiii
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    Acknowledgments

    xvii
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    Foreword

    xix
    Jean Teillet
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    Holding the Mirror up to Nature: Law, Social Science, and Professor Arthur Ray

    xxiii
    Peter W. Hutchins
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    Prologue

    xxxvii
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    Taking Fur Trade History to Court

    3
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    Roles and Reversals of the Historical Researcher

    17
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    Defending Traditional Fisheries and Harvesting Rights

    44
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    Interpretation of a Treaty: Share or Surrender?

    66
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    Witnessing on Behalf of a Forgotten People

    88
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    Defining Métis Communities and Customs

    105
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    Defending the Aboriginal Right to Hunt

    121
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    “To Educate the Court”

    145
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    Delgamuukw Exhibit No. 964: District Reports of Hudson’s Bay Company Chief Trader William Brown 1823

    161
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    Transcript of My PowerPoint Presentation in Samson, 3 October 2000

    202
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    Notes

    219
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    Bibliography

    245
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    Index

    253
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Publishing information
Pages and Images/Illustrations in book
eBook published on:
June 9, 2023
eBook ISBN:
9780773586475
Pages and Images/Illustrations in book
Main content:
304
View content
https://doi.org/10.1515/9780773586475
eBook ISBN: 9780773586475
Audience(s) for this book
For a non-specialist adult audience
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