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TABLE OF CONTENTS

Generalized Map of British Columbia

PART I: JUSTITIA OMNIBUS (JUSTICE FOR ALL)

Chapter 1: How Did the Crown Acquire Title?

~ The Long and Short of It

~ Human Being, Citizen, Anthropologist

Chapter 2: In Search of Reason

~ The Law in its Majesty

~ Late One Night at the Legion

PART II: TERRA NULLIUS (UNOCCUPIED, EMPTY LAND)

Chapter 3: Cultures Similar and Different

~ Creating Race in the Interests of Empire

~ Mutiny and Desertion as Common Sense

Chapter 4: Beginning at the Beginning

~ Aboriginal Peoples Were Here

~ Oh, What a Tangled Web We Weave When First We Practice to Deceive

~ Eclecticism

~ Imperialist Competitions in Terra Nullius

~ Imperialist Nostalgia in Terra Nullius

~ Enough and As Good

~ Nation to Nation. Words to Paper

PART III: TERRA INCOGNITA (UNKNOWN LAND)

Chapter 5: The Great Chain of Precedent

~ Honour Among Thieves. South of the Border

~ Honour Among Thieves. North of the Border

~ Honour Among Thieves. In Africa

Chapter 6: White Papers and Legal Tests: the 1970’s

~ Law, Power and Resistance

~ Logic, Legal Hysteria and Rifle Shots on Vancouver Island

~ Civilization and the Whimsical Destruction of Property

~ From Law to Politics and Back Again

~ The Honour of the Crown Below Par

Chapter 7: Conflicts and Constitutions: The 1980s

~ The Master’s Tools: The Comprehensive Claims Policy

~ Title on the Baker Lake Tundra: Lower Peaks than Mexico

~ The Evolution of the Dedicated White People Band at Bear Island

~ The Master’s House: The Repatriation of the Constitution

~ Testing, Testing: From “Use and Occupancy” to “Culture” in the Sparrow Decision

~ Ping Pong

PART IV: ECCE SIGNUM (BEHOLD THE PROOF)

Chapter 8: Delgamuukw versus The Queen

~ All the World’s a Stage

~ Do Aboriginal Peoples Really Exist?

Chapter 9: The Gitksan’s and Wet’suwet’en’s Case

~ A Native Point of View

~ Experts in Living Memory

~ The Ancestors are Watching

Chapter 10: Experts on Behalf of the Plaintiffs

~ Anthropology: Interpretation and Understanding?

~ Here Come the Anthros

~ Law and Masculine Hysteria

~ Academic Freedom

Chapter 11: The Crown’s Case

~ The Political Economy of Litigation

~ Anthropology: The Science of “Man”?

Chapter 12: Experts on Behalf of the Defendants

~ Her Majesty’s Loyal Anthropologist

~ Malignant Mythologies

~ Hegemonic Moments

Chapter 13: Jewels in the Crown

~ Temporal Purgatory: The Protohistoric Period

~ Who Created Private Property?

~ The Magic of Commodity Fetishism

Chapter 14: From Fur Trading Frontier to White Man’s Province

~ Believing What You See. Seeing What You Believe

~ On the One Hand. And On the Other

Chapter 15: Old Questions. New Century.

~ The First Definite Hint

~ The Era of Permanent Penetration

~ Resistance versus Assimilation

PART V: DIES IRAE (JUDGMENT DAY)

Chapter 16: Reasons for Judgment

~ Nasty, British (Columbian) and Long

~ The Vast Emptiness

~ Might Makes Right

~ No Writing, Horses or Wheeled Wagons

~ Finders Keepers

Chapter 17: Reasons in the Public Eye

~ Judgment Day

~ Music is Lost on Me. I Have a Tin Ear

~ Delgamuukw and the People Without Culture

~ Insult and Injury

~ Is There Intelligent Life in the Galaxy?

PART VI: TABULA RASA (BLANK PAGE)

Chapter 18: Judging the Experts

~ Experts v. Advocates

~ Ethics v. License

~ Revision v. Reversal

~ Politics v. Poetics

~ Chiefs v. Commoners

Chapter 19: How Do You Know Whose Story is True?

~ Sense v. Nonsense

~ Fact v. Fiction

~ Truth v. Lies

PART VII: AD ARBITRIUM (AT WILL)

Chapter 20: Moonlighting as an Anthropologist and an Historian

~ Drive-by Ethnography

~ Civilization by Tautology

~ Reasons to Travel

~ Legal Rights and Social Wrongs

~ Communicating Deeds and Legislating Greed

~ Driven to Drink

~ Infantile Disorders

~ Camp Potlatch

~ The Battle of Britain

PART VIII: AD INFINITUM (GOING ON FOREVER, INTO INFINITY)

Chapter 21: Delgamuukw at the British Columbia Court of Appeal, 1993

~ We Own Therefore We Are

~ We Buy Therefore We Are

Chapter 22: The British Columbia Treaty Process and the Supreme Court of Canada, 1996

~ From Negotiation to Litigation to Negotiation to Litigation to

~ Appealing Culture

PART IX: IN FUTURO (IN THE FUTURE)

Chapter 23: The Past In the Present, In the Future

~ Just Another Day in Lotus Land

~ Justice. Then Peace.

Chapter 24: Back to the Future

~ Colouring Outside the Lines

Postscript: December 11, 1997

~ The Dawn of a New Day?

~ Patience is a Virtue

~ The Way Forward

~ The Irony of Ironies

~ Tomorrow Today

Bibliography

Table of Cases

Acknowledgements