Lorraine Weir is Professor of English at the University of British Columbia.
“Time Immemorial” and Indigenous Rights: A Genealogy and Three Case Studies (Calder, Van der Peet, Tsilhqot'in) from British Columbia
Article first published online: 7 JUN 2013
© 2013 John Wiley & Sons Ltd
Journal of Historical Sociology
Special Issue: The End(s) of History: Questioning the Stakes of Historical Reason. Guest Editors: Joshua Ben David Nichols and Amy Swiffen
Volume 26, Issue 3, pages 383–411, September 2013
How to Cite
Weir, L. (2013), “Time Immemorial” and Indigenous Rights: A Genealogy and Three Case Studies (Calder, Van der Peet, Tsilhqot'in) from British Columbia. Journal of Historical Sociology, 26: 383–411. doi: 10.1111/johs.12028
- Issue published online: 3 SEP 2013
- Article first published online: 7 JUN 2013
“Time immemorial” has operated as a legal fiction in the discourse of colonization, performing a genealogical function in the construction of “antiquity” and “legal memory” in English law, and repurposed in Indigenous rights cases in Canada. Beginning with a genealogical outline, this paper analyzes “time immemorial” in relation to Settler and Indigenous discourses of time, memory and the land in Calder, Van der Peet, and Tsilhqot'in.