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 law's impact on the disciplines of archaeology and anthropology.

Keywords: Legal Epistemology, Aboriginal Rights, Canada, Evidence, Archaeology, Anthropology, History, Oral Traditions, Expert Evidence, Bias of Experts