Witness to the Human Rights Tribunals

How the System Fails Indigenous Peoples

By Bruce Granville Miller
Foreword by Sharon Venne-Manyfingers
Categories: Political Science, Indigenous Studies, Social Sciences, Anthropology, Law & Legal Studies, Indigenous Peoples & Colonial Law
Publisher: UBC Press
Hardcover : 9780774867757, 240 pages, February 2023
Paperback : 9780774867764, 240 pages, November 2023
Ebook (PDF) : 9780774867771, 240 pages, February 2023
Ebook (EPUB) : 9780774867788, 240 pages, February 2023

Table of contents

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

Witness to the Human Rights Tribunals offers a behind-the-scenes account of the difficulties facing Indigenous people in human rights tribunals, and the struggles of experts to keep their own testimony from being undermined.

Description

On the twelfth floor of an undistinguished-looking high-rise, a tribunal adjudicates the human rights of Indigenous individuals. Why isn’t the process working? Witness to the Human Rights Tribunals draws on testimony, ethnographic data, and years of tribunal decisions to show how specific cases are fought, and offers an in-depth look at anthropological expertise in the courts. Bruce Miller’s candid analysis reveals the double-edged nature of the tribunal, which both protects human rights and re-engages the trauma of discrimination that suffuses social and legal systems. He definitively concludes that any reform must recognize symbolic trauma before Indigenous claimants can receive appropriate justice.