Project Update
November 2006

Research Progress

Research on the First Nations’ Cultural Heritage Project is now complete. Two volumes are currently under review for publication with University of British Columbia Press (Vancouver). These are Catherine Bell and Val Napoleon, eds., First Nations’ Cultural Heritage and Law: Case Studies, Voices and Perspectives and Catherine Bell and Robert Paterson, eds., First Nations Cultural Heritage and Law: Reconciliation and Reform. The tables of contents for both volumes and the introduction to volume two are now posted under the research paper link.

Volume one begins with an introduction discussing our objectives, methodology, and common themes. It also includes critical reflections on the challenges faced in our research. In addition to edited cases studies, it includes three essays which more deeply reflect on two themes arising from the case studies – the role played by residential schools and discriminatory government policy in loss of cultural knowledge and the centrality of language to cultural preservation. It concludes with an essay that offers a segue to the analytical essays in volume two by exploring the crisis in power and respect in Western law and property practices, and contrasting concepts of property, owning, and belonging within First Nations and Canadian legal contexts.

In volume two, legislation affecting tangible and intangible cultural heritage is considered along with issues of law reform. The essays are informed by a range of sources including case studies; developments in domestic common law, international law, and policy; literature reviews; contemporary and emerging ethical principles and policies in archaeology, anthropology, museum administration and other relevant disciplines; and legal initiatives in other jurisdictions with colonial legal histories. Reflections on the revitalization of First Nations’ legal orders and laws, strategies for change outside the Western legal tradition, and critical commentary on the problems of using external legal mechanisms as a means to empower First Nations communities are also important features of the second volume.

Case studies have been edited for publication. With the exception of the Kainai Nation study, all case studies are on this website in their original form. Due to length restrictions, we did not publish the bibliography, NAGPRA review essay, or review of Canadian legislation contained on our website. However, this work informs and is referred to in our publications and remains on our research link to this website.

Although our focus has been First Nations’ cultural heritage in Canada, concerns raised are relevant to other indigenous peoples within and outside of Canada as is the discussion of western legal frameworks and comparative contexts. We hope that these volumes will not only provide insight into issues faced by our First Nation partners, but will also generate a much needed dialogue on issues of Western law reform and other strategies to approach protection and repatriation of indigenous cultural heritage. We have tried to avoid specialist jargon to make our work accessible to a wide range of readers with interest in these issues.

New Postings to the Research Link

Now posted on our research link is a new case study authored by Brian Noble in collaboration with Reg Crowshoe and the Knut-sum-atak Society entitled: Poomaksin: Skinnipiikani-Nitsiitapii Law, Transfers and Making Relatives. We have also posted a case study on Repatriation as a Reflection of Sto:lo Values. This is a graduate thesis authored by Meagan Gough for the Department of Sociology and Anthropology at Carleton. We thank Meagan for providing us with this work which was not undertaken as part of our research program, but will be of interest to visitors to this website. Out of respect for the wishes of the Mookakin Cultural Society, the Kainai study is only available in our published texts.

Also new to the research link are the introductions and tables of contents for both of the volumes discussed above. We have also included an important preface to volume one authored by elders outlining issues of concern in treatment and respect for elder knowledge.

As our project is complete we will not be making new postings of research arising from our work to this website. However, we may include material from time to time that is sent to us. We are currently revising the review essay of repatriation and protection initiatives across Canada and will post a revised version in due course. Some material may be altered or removed from the website after publication.

Presentations and Impact of Research to Date

A fundamental principle in our research has been practical and tangible benefits for First Nation communities. In furtherance of this community members have been engaged in all levels of the research program. Tapes and transcripts have been provided to partners for access by community members (or are in the process of final revision). Some of these will also be placed in a public archive yet to be determined. Case studies have been in local initiatives such as policy development and treaty and specific claims processes.

Throughout this duration of this project, team members have given public lectures and seminars and have been participating in conferences sponsored by indigenous peoples, academic institutions, and governments in Canada and around the world. We will continue to do this and to publish aspects of our work in journals aimed at a range of audiences and academic disciplines.
This year we have done, or will be doing presentations in Canada, the United States, South Africa, Greenland, and New Zealand.

We have been referred to in government reports to the World Intellectual Property Organization, invited to participate in government policy forums, provided information to researchers and indigenous communities, and participated in numerous conferences and workshops hosted by Canadian First Nations. We will keep our website active as it continues to be accessed by indigenous peoples, researchers, people working in affected policy areas, students and others from around the world.

Future Research and New Website

Our work has informed the development of a new project and an application for funding has been made to SSHRC’s Multiple Collaborative Research Initiative. This collaboration is more specifically related to indigenous rights and the products of archaeological research and is under the direction of George Nicholas, Simon Fraser University. Several First Nation and academic partners from this project will be working on the new IP and archaeology project. For more see www.sfu.ca/IPinCulturalHeritage/Welcome.html.

Acknowledgements

As the coordinator and initiator of this research program I have many people to acknowledge.

The initial idea for research leading to this research emerged from a smaller research project sponsored by the U’mista Cultural Society, First Peoples’ Cultural Foundation, and the First Nations Confederacy of Cultural Education Centres. It would not have come about without the dedication of the late Linda Manz of Alert Bay (Executive Director of the U’mista Cultural Centre, 1992-2001), the late Lawrence Ambers (Band Manager of the ‘Namgis Nation), and Chief Bill Cranmer (‘Namgis Nation). The final design and its implementation was developed in collaboration with the U’mista Cultural Society,’Namgis Nation, Gitanyow Hereditary Chiefs, Ganeda (Frog Clan) House of Luuxhon, Ktunaxa Kinbasket Tribal Council, Old Man River Cultural Centre (Piikani Nation), Mookakin Cultural Society (Kainai Nation), and Hul’qumi’num Treaty Group. I owe a continuing debt of thanks to these partners for their support and active participation. Information about our partners can be found on the Community Partners link. I also thank the First Peoples’ Cultural Foundation and Hamatla Treaty Society for providing letters of support for funding applications and regret that Hamatla and the Nedo’at Hereditary Chiefs were unable to remain partners throughout the entire duration of the project.

Of particular significance are the oral contributions and oral authorship of many elders, ceremonialists, and other community members who agreed to share information with us. Their knowledge and experience enables us not only to facilitate respect for, and greater understanding of, concerns relating to protection and repatriation; but also demonstrates the importance of recognizing and respecting unique features of every First Nation culture and the limits of external law reform. With permission, I acknowledge oral authors by name in our first volume and include a preface by elders on issues concerning use and treatment of elder knowledge.

As part of the research design, First Nation partners were provided with drafts of essays for review and comment as they deemed necessary. Representatives also attended a symposium held at the University of Alberta in June 2005 to discuss research progress and paper drafts. Abstracts and proceedings from this symposium can be found through the Workshop Proceedings link. I thank everyone who reviewed academic papers and attended the symposium for their feedback

Research leading to publication has been conducted over a period of six years and would not have been possible without the help of many dedicated research assistants from various disciplines and universities. In total we hired 33 graduate and undergraduate students. With their permission students are acknowledged by name in both of our volumes.

I also acknowledge the authors in volumes one and two who dedicated themselves to a truly collaborative research process. Biographies for authors are posted under the Research Partner link. Thank you also to Val Napoleon, Heather Raven, and Bob Paterson for their invaluable contributions in the design and coordination of the research and publications. I am also grateful to many other First Nation and non-Aboriginal organizations and individuals who helped us identify issues and commented on drafts of work posted on our website. You helped strengthen our conviction about the importance of our work and the need to not only raise awareness about issues of law reform, but also the importance of providing a forum for First Nation participants to express concerns in their own voice.

As always I am indebted to staff at the University of Alberta, Faculty of Law for the endless hours they have devoted to administration, web support, and manuscript preparations. I am also grateful for the financial assistance received from the University of Alberta and Social Sciences and Humanities Research Council, and contributions from each of our First Nation partners. I also wish to acknowledge University of British Columbia Press for their encouragement and special accommodations made to ensure meaningful participation of First Nation partners in the publication process.

Finally I wish to express my love and gratitude to my friends and family members for their hugs and humour throughout the course of this research.

Catherine Bell (cbell@law.ualberta.ca.)