“…in Indian treaty rights cases, the standards of evidence and logic are not what they are elsewhere…
“In these trials by history (i.e, law office history), watching the highly-skilled, forceful attorneys at work serving the Indian cause was a thoroughly eye-opening experience.
“From them, I learned much about the selective use — and suppression of — historical and anthropological evidence…”
The Canadian people have been confused by a series of court rulings that have re-opened the issue of who owns Canada — 150 years after the fact.
Clearly-written Treaties — contracts with the simplest language possible — are “re-interpreted” and end up meaning the opposite of what they so obviously say.
Canadians justifiably wonder just what in the hell is going on in these courtrooms:
“In these trials by history (i.e, law office history), watching the highly-skilled, forceful attorneys at work serving the Indian cause was a thoroughly eye-opening experience.
“From them, I learned much about the selective use — and suppression of — historical and anthropological evidence;
systematic distortion of facts in support of a preconceived “theory of the case”;
the dexterous manipulation of judicial and public sentiments;
perfectly astounding hyperbole;
and the most outrageous fabrications.
“Watching some “experts” approach the witness stand with hats in hand;
and others demur when caustically coached about how and what they should testify to;
balking myself when pressed to distort or suppress interpretations and sources;
I concluded that, IN INDIAN TREATY RIGHTS CASES, THE STANDARDS OF EVIDENCE AND LOGIC ARE NOT WHAT THEY ARE ELSEWHERE – ESPECIALLY SO, IN ‘SCHOLARLY’ WORK. …
“THE PARAMOUNT AIM, I had explained to me by an unusually impetuous counsel, WAS NOT VERACITY, BUT TO WIN AT ALL COSTS.
“These particular attorneys were interested in neither truth nor social consequences, except those of obtaining for their clients the largest short-term benefits attainable — money and power.”
–Anthropologist James Clifton, describing his stint as an “expert witness” on behalf of a number of aboriginal groups.
From “The Invented Indian”, James Clifton (Editor), Transaction Publishers, New Brunswick (1990), page 7. {CAPS added}
http://www.amazon.ca/The-Invented-Indian-Clifton/dp/1560007451
“Lawyers working for aboriginal organizations, therefore, use academic work only if it supports their demands.
“At the same time, government attempts to pacify aboriginal groups inhibit Crown lawyers from presenting scientific evidence in opposition.
“This means that although at any given time, a number of different theories may be circulating about aboriginals’ position in modern society, the increasing amount of funding being made available for aboriginal rights claims seriously limits the kind of research deemed to be acceptable.
“And with so much money at stake, aboriginal peoples themselves become intellectually corrupted, refusing to cooperate with any researcher who attempts to “tell it like it is”, if that version undermines their own interest.”
–F. Widdowson & A. Howard, “Disrobing the Aboriginal Industry”, McGill-Queens University Press (2008), p.43
http://www.amazon.ca/Disrobing-Aboriginal-Industry-Indigenous-Preservation/dp/0773534210
“…current initiatives are being formulated and implemented by a self-serving “industry” that works behind the scenes in aboriginal organizations.
“LEGAL FIRMS MASTERMINDING THE RESIDENTIAL SCHOOLS SETTLEMENT and ANTHROPOLOGISTS DIRECTING “TRADITIONAL KNOWLEDGE” STUDIES, for example, HAVE RECEIVED HUNDREDS OF MILLIONS OF DOLLARS over the years. Some in this group of non-aboriginal lawyers and consultants have little incentive to solve aboriginal problems because they thrive on the continuation of aboriginal dependency and social dysfunction. The reality of the aboriginal industry is that grievances result in the dispersal of government funds, and so its members benefit from perpetuating, rather than alleviating, aboriginal deprivation.”
–Frances Widdowson and Albert Howard, “Exposing the aboriginal industry”, Toronto Star, April 25, 2009 {CAPS added}
http://www.thestar.com/news/insight/2009/04/25/exposing_the_aboriginal_industry.html
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