First Nations Sacred Sites in Canada's Courts

David Mardiros is a lawyer and anthropological consultant in Terrace,
British Columbia.

Michael Ross points out that sacred sites are a universal human
phenomenon. All peoples and cultures recognize particular places with
deep spiritual significance that they try to preserve for a variety of
cultural, social, and emotional reasons. As with most other
philosophical differences between Aboriginal and non-Aboriginal peoples,
the meaning and importance of First Nations sacred sites has been
continually disputed, mischaracterized, and misunderstood by municipal,
provincial, and national governments in Canada. In many cases, as the
authors point out, governments have failed to appreciate that sacred
sites are crucial to the existence, survival, and well-being of First
Nations and are not merely historical relics of days long passed with no
ongoing significance in the current economic and social climate.

Ross has three main focuses in his book. After a very informative
discussion of a general theory of sacred sites, he launches into an
analysis of the historical and legal context of First Nations struggles
for recognition of their sacred sites in the courts. In his conclusions
of how well the courts have done (the third section), Ross is of the
opinion that the current state of affairs is not satisfactory when it
comes to recognizing and protecting sacred sites. Perhaps the most
stimulating part of the book is the very interesting discussion of two
recent cases from British Columbia: Taku River Tlingit and Haida Nation.
On the basis of his analysis of these two cases, Ross holds out some
hope for a shift in perceptions by the courts on sacred sites and
interests and First Nations interests.

In his acknowledgements, Ross states that he was reluctant to include
theoretical material in this book because the work was intended partly
for lawyers and he states “the legal profession has little appetite
for things theoretical.” To his great credit, he did include
theoretical material, and he presents it in clear, precise, and
accessible language. That accessible language ensures that a general
audience, as well as lawyers, will benefit from and value this book.