Jean Leclair

Of Grizzlies and Landslides: The Use of Archaeological and Anthropological Evidence in Canadian Aboriginal Rights Cases

Abstract This paper discusses some of the most contentious problems raised by the use of archaeological and anthropological evidence in aboriginal rights litigation in Canada. The first part of the paper deals with the general impact of archaeological and anthropological theories on law. The more specific problems related to the use of archaeological and anthropological evidence in aboriginal rights litigation are the subject of the second part. The final section deals with the reverse problem, that is, the question of the laws impact on the disciplines of archaeology and anthropology.

Jane Austen and the Council of the Federation

As I was preparing this article 1 about the Council of the Federation, about the manner in which it differed from its predecessor, the Annual Premiers’ Conference, my thoughts were constantly harking back to my favorite English author, Jane Austen. Although the titles of her novels are different, and despite the fact that Elizabeth Bennet is not an exact replica of Elinor Dashwood, 2 Jane Austen always writes the same story: the battle between reason and emotion, between sense and sensibility. Now, quite frankly, as do Alain Noel and others before me, I believe that the Council of the Federation is not more than a light institutionalization of the Annual Premiers’ Conference. 3 It is the same story again. And one that also has to do with the tension between sense and sensibility. During my preparation, I also recalled the very first sentence of Jane Austen’s masterpiece Pride and Prejudice which runs as follows: “It is a truth universally acknowledged, that a single man in possession of a good fortune, must be in want of a wife.” Amusingly, the Council of the Federation’s philosophy could be articulated in a similar fashion: “It is a truth universally acknowledged, that a federal government in possession of a good fortune, must be in want of provinces.”

IMPOVERISHMENT OF THE LAW BY THE LAW: A CRITIQUE OF THE ATTORNEY GENERAL’S VISION OF THE RULE OF LAW AND THE FEDERAL PRINCIPLE

IMPOVERISHMENT OF THE LAW BY THE LAW: A CRITIQUE OF THE ATTORNEY GENERAL’S VISION OF THE RULE OF LAW AND THE FEDERAL PRINCIPLE