Controlled Vocabulary and Indigenous Terminology in Canadian Arctic Legal Research

Accepted manuscript for Hoffman, N. (2020). Controlled vocabulary and indigenous terminology in Canadian Arctic Legal Research. In S. Acadia & M. T. Fjellestad (Eds.), Library and Information Studies for Arctic Social Sciences and Humanities (pp. 110-132). New York: Routledge. 10.4324/9780429504778-4 An earlier version of this chapter was presented at the 9th International Congress of Arctic Social Sciences (ICASS-IX), 8-12 June 2017, Umea, Sweden. The presentation has been archived in the University of Calgary repository at: https://prism.ucalgary.ca/handle/1880/52147.


Introduction and History
Terminology used to define and describe groups of people changes over time due to new social norms and shifting perspectives of naming conventions. To locate accurate historical research materials related to Indigenous populations, researchers must understand that differing conventional terms have been used to describe collective groups of people, and organise information about them, at varied points throughout history. Examples of such change can be best illustrated by analysing contemporary and historical controlled vocabulary and library subject headings. This chapter identifies various controlled vocabulary structures and taxonomies used in Canadian law libraries. Defined by Chan (2007, p.55), subject headings are a controlled vocabulary where "the term (a word or group of words) denoting a subject under which all material on that subject is entered into a catalogue." Library cataloguers and legal indexes use subject headings to provide access to resources for researchers.
Marginalised and racist terms such as 'Eskimos,' 'Indians, ' 'savages,' and 'half-breeds' were once acceptable in Canada but are now outdated and considered derogatory. The term 'Eskimo'meaning "raw meat eaters"originated with European explorers in the 17th century to describe Indigenous inhabitants of Canada, Greenland, Alaska, and Siberia, but has now been replaced by the term 'Inuit' in Canada (Indian and Northern Affairs Canada, Communications Branch, 2002;Library and Archives Canada, 2012). The term 'Indian' originated from Christopher Columbus believing he found India when he arrived at the new world in 1492. The first legislation using 'Indian' was the 1763 Royal Proclamation, and the term was officially defined in Section 3(3) of the Indian Act, 1876. According to Kam (2007, p.19) the colonialised origin of the term 'Indian' is "hard to ignore." The incorrect social usage of sweeping terms such as 'Indian' for thousands of Indigenous nations in the Americas, as well as 'Eskimo' for inhabitants in the farthest north of the North American continent has been misapplied and perpetuated across history by missionaries, governments, and non-Indigenous citizens throughout the United States and Canada (Indian and Northern Affairs Canada, Communications Branch, 2002;Indigenous Corporate Training, Inc., 2016;Library and Archives Canada, 2012).
The term 'First Nations' was coined as a preferred term by Indigenous Peoples in Canada to replace 'Indian Band' in the 1970s even though the term does not include Métis or Inuit Peoples (Indian and Northern Affairs Canada, Communications Branch, 2002). 'Inuit' is used for the Indigenous Peoples residing in the Arctic regions of Canada, while Métis refers to Indigenous Peoples with mixed ancestry of European and First Nations Peoples. Beginning with the Constitution Act, 1982, however, the term 'Aboriginal Peoples' in Canada was used as a collective legal term for all Indigenous Peoples including Indian, Inuit, and Métis. This change in legal terminology meant Canadian citizens shifted to using 'Aboriginal' as the collective term and law libraries shifted cataloguing practices similarly to those outlined by Tarulli (2007, para.6): "the best term for works collectively describing the First Nations, Métis, and Inuit was Aboriginal Peoples … Indigenous Peoples was selected for all aboriginals residing outside of North America/Canada." Canadian cataloguing practice changed with the 3rd edition of Canadian Subject Headings (Schweitzer, 1992) to officially shift from 'Indians of North America' as an official subject heading to 'Native Peoples-Canada,' as well as specific names of individual nation, such as Inuit and Métis. However, by the 21st century, a lack of consensus with respect to changes in terminology began to emerge. Based on survey results of Canadian academic libraries, Lee (2011, pp.26-27) 140 Indian Residential Schools across Canada, and, from 1866to 1996 institutions forcibly removed Indigenous individuals from their local communities for confinement in boarding schools sanctioned by the Canadian government. To be sure, "these schools and residential institutions represent one of the darkest and most shameful undertakings in Canadian history" (Lougheed, Moran, and Callison, 2015, p.597).
TRC transformed Canadian Aboriginal law by outlining recommended initiatives to acknowledge and repair damage caused by colonial relations decreed by the Canadian government with Indigenous Peoples, and a 2015 TRC report began the process of indigenising research and teaching across Canada, specifically under Action numbers 6 to 12 and 62 to 65. To indigenise is to "make indigenous; subject to native influence" (Barber, 2004 In addition, the TRC report introduced Action numbers 67 to 70 in its Museums and Archives section that specifically relate to libraries. The report was timely in recognising the need for attention in libraries; in the same year that it was published, Lougheed, Moran, and Callison (2015, pp.605-606) identified barriers to library services by Indigenous users, stressing that the "importance and validity of a dynamic culture of oral traditions, and issues of decolonization and re-empowerment … in order to overcome these barriers in working with primary, archival materials." Two years later, the Canadian Federation of Library Associations (CFLA) published a 2017 report containing library-specific recommendations to help decrease these barriers.
Following the TRC report, a public opinion poll conducted by the Environics Institute for Survey Research (2016) suggested that the term 'Indigenous Peoples' is most likely to be used across Canada in the future even though 'Aboriginal' is familiar and recognisable. Results of the poll (p.3) concluded that 'Aboriginal' "… has been the primary term used in both legal and popular contexts until very recently and is now in the process of being replaced by the term 'Indigenous' as a more appropriate term and one consistent with the United Nations Declaration on the Rights of Indigenous Peoples." Yet, even in contemporary Canada, the federal department Indigenous and Northern Affairs Canada (2017, para.3) regards 'Aboriginal Peoples' as "more than 630 First Nation communities in Canada, which represent more than 50 Nations and 50  (Indigenous Corporate Training, Inc, 2016) and are likely to remain so.

Legal Research: Some Definitions
Legal research is the search process using the primary sources of legislation and case law.
Legislation -defined by Garner (2014Garner ( , p.1038 as "the whole body of enacted laws"includes statutes or laws, regulations, constitutions, and treaties. Legal decisions from courts and tribunals, known as case law, is used by lawyers as precedent, "a decided case that furnishes a basis for determining later cases involving similar facts or issues" (Garner, 2014(Garner, , p.1366. To aid researchers by condensing legal decisions, commercial publishers produce case digests condensing decisions into annotations and contain robust indexes using unique subject classification schemes based on relevant points of law (Campbell, 1997, p. 7). Case law reporters -defined by Garner (2014Garner ( , p.1493) as "an official or unofficial published collection of judicial opinions"usually contain a subject index for researchers to find relevant cases. These brief definitions are provided here as background because the current chapter uses legal indexes and case digests to examine subject headings relating to Indigenous populations in Canada.

Controlled Vocabularies in Canadian Law Libraries
The most commonly-used controlled vocabularies used to populate catalogue records in Canadian law libraries are Library of Congress Subject Headings (LCSH) and Canadian Subject Headings (CSH). In addition, Library of Congress Classification (LCC) is used normally in Canadian libraries to organise book shelf locations, though many law libraries in Canada have implemented the LCC-based KF Modified classification scheme since 1970 (Ginsberg, 1988, p.161;Quigley-Jones, 1994). Many commercial databases also construct their own controlled vocabularies based around LCSH or similar taxonomic structures, including author-supplied keywords that may use contemporary and specialised terminology. In this chapter, terminology specific to the Arctic Canadian region is highlighted as a special subset of terms as they relate to Indigenous Peoples residing in the far Canadian North. The Library of Congress created LCSH in 1898 using American spelling, naming conventions, and standardisations reflective of the social norms of the late 19th century. In 1988, nearly 100 years later, a decision was made to favour specific tribal names instead of 'Indians of North America' (Library of Congress, 1988, p.84). In the 1990s, the Library of Congress moved away from the subject heading 'Indians of North America' altogether toward 'Native Peoples,' then, finally, to 'Indigenous Peoples' as of the 34th edition in 2014.
Since 1968, Library and Archives Canada (LAC; 2016, para.1) have created CSH to concentrate on "the Canadian cultural, economic, historical, literary, political, and social experience." CSH is an add-on to LCSH as explained by Tarulli (2007, para.8): "Canadian libraries face challenges. We are, in a way, married to the United States, but we are unique. We seek guidance from the Library of Congress, yet we have our own terms and our own people." Individual names of First Nations, tribes, reserves, and groups of Aboriginal Peoples in Canada are included in CSH. 'Inuit' is the collective heading most specific to Indigenous Peoples in the Canadian Arctic region, replacing the prior 'Eskimo.' Discussions regarding subject headings for Indigenous Peoples increased from the late 1990s in Canada. Carter (2002, pp.8-10) is credited with writing the first article advocating for new ways of respectful subject heading assignments for Indigenous Peoples and championed to regard Indian treaties as primary legal documents in the same way that international treaties are regarded. Recommendation 10 from a 2004 LAC report stated that "the development of appropriate cataloguing and subject guides [should] be considered a priority in the long term to address the deficiencies of the current subject heading guides and cataloguing practices" in order to decrease racism through current cataloguing terminology and "…re-teach the 'experts,' such as cataloguers, about the terms used to describe Aboriginal peoples" (Blake, Martin, and Pelletier, 2004, p.23). This recommendation helped start the 2007 LAC consultations on CSH where the original proposal was to change 'Indians of North America' to 'First Nations,' 'Native Peoples' to 'Aboriginal Peoples,' and remove the word 'Indians' from tribe names (e.g., 'Sarcee' instead of 'Sarcee Indians'). In 2009, lack of consensus for terminology and concern over potential inconsistencies with LCSH led to the abandoning of LAC's 2007 proposal. LAC made the decision to "not to go ahead for now with the changes as proposed. We will instead make a start by considering changing headings for specific Aboriginal Peoples on a case-by-case basis, to see what we can do to improve access" (Library and Archives Canada, 2013, para.3).
Though LCSH has evolved over time, terminology is slow to change, and many library scholars argue that ethnic-related subject headings are archaic, outdated, biased, politically incorrect, and racist (Kam, 2007;Lee, 2011;Moulaison Sandy and Bossaller, 2017;Olson, 2002;Olson and Schlegl, 2001;Tomren, 2003;Webster and Doyle, 2008). Hope Olsen, regarded as "the foremost researcher on the topic of bias in subject access today, particularly as it pertains to women" (Tomren, 2003, p.4), suggested that racist and sexist historical perspectives are ingrained in Western and European worldviews that exclude "the vast universe of indigenous and traditional knowledge" relating to subject access in libraries (Moulaison Sandy and Bossaller, 2007, p.134). Similarly, Kam (2007, p.18) ascertained Indigenous subject headings as "unavoidably biased because they perceive and describe the world from a predominantly white, Christian, and European-centric perspective." The history of subject headings related to Indigenous Peoples in Canada are viewed as Eurocentric and part of colonialist ideals.
In 2017, the CFLA released a call to integrate culturally appropriate metadata respecting Indigenous Peoples into bibliographic records amongst existing terminology. As stated by CFLA (2017, pp.28-29): Both Indigenous and non-Indigenous library and information science (LIS) professionals have long criticized the Eurocentric bias of these systems: Indigenous names for peoples and places are either not used or inaccurately Anglicized; Indigenous sovereignty and worldviews are unrecognized; almost all literature save some aspects of tribal law are classed narrowly in American history regardless of their currency; and ideologically-biased terminology renders invisible the genocides committed by colonial states against Indigenous North Americans … Professionals must be conscious of the risk of embedding Westernized conceptions of pan-Aboriginality into new systems.
Years earlier, Webster and Doyle (2008, pp.191, 195) advised that lack of accessibility, and arguable perpetuation of stereotypes by using incorrect or inappropriate subject headings, often leads to service quality issues in libraries and represent "significant concerns for cataloguers, librarians, and educators, and they warrant our vigilant attention." Also, librarians' credibility can be damaged through terminological misuse, abuse, and insensitivity. By using established rules, library cataloguing practices use outdated terminology that can create barriers to library use for Indigenous Peoples and scholars.
Despite drawbacks, subject headings provide a way for library cataloguers to describe and organise materials, as well as aid researchers in finding relevant materials even when there are differences in contemporary and historical terminology. Cataloguers in the 21st century have a responsibility to provide ethnically and culturally accurate subject headings in their work, but that has not always been the case. As such, outdated and derogatory subject terms still exist for historical materials and researchers must recognise that use of these terms in search strategies is often required. For historical indigenous topics and resources, the use by cataloguers and researchers of subject headings that were once applied more regularly, and often forgotten by researchers, may yield the most effective results for their cataloguing and research purposes. The specific terminology chosen to represent the collective group of Indigenous Peoples over time is similar in indexes as it is in controlled vocabulary in representing areas of law used in legal research.

Canadian Law Indexes and Digests: An Overview
Legal indexes help researchers find primary and secondary materials in legal research.
Canada Law Book and Carswell, along with their partner publishers, are historically the main national case law publishers in Canada, in addition to Maritime Law Book, who operated from 1965 to 2016 (Campbell, 1997;Denton, 1997;Matthews, 2016); each of these companies WestlawNext Canada. A competing proprietary database, Lexis Advance Quicklaw, uses its own electronic subject headings developed in the late 1970s for the original Quicklaw database. Not unlike LCSH, these legal indexes have been slow to change over time and "law librarians are acutely aware of the need for well-organized and up-to-date case law research materials" (Foote, 1994, p.20). where individual cases relate to constitutional law, land, or crime. Taxonomically, these indexes provide the broadest level of terminology for Canadian legal cases; thus, they do not separately identify Indigenous Peoples living in Arctic Canada.

Canadian Abridgment Digests (CAD)
The CAD began as a cooperative publishing venture between Burroughs & Company Ltd. and The Carswell Company Ltd. with the publication of 35 digest volumes in 1935. The CAD started as "comprehensive and topically organized case digests," then evolved into a multifaceted finding aid (Silverstein, 2008, p.xii Key allowed for the creation of broad subject headings as "a complex research tool" using unique classification schemes (Foote, 1994, p.6).

Canadian Annual Digest (CD)
Originally created in 1892 as part of the Canadian Criminal Cases by the Canada Law Journal Company, CD is the oldest continuous index. The CD continued under the Canada Law Book Company for the Dominion Law Reports in 1912, as well as subsequent endeavours including the All Canada Weekly Summaries in 1977 and regional reporters.

Digest of Canadian Case Law (DCCL)
The Carswell Company Ltd. first published DCCL in 1900. This title was a joint venture with the Canadian Law Book company from 1920-1925. The data from DCCL marks the beginning of the content for the CAD.

Index to Canadian Legal Literature (ICLL)
In 1956, "Carswell began to publish an Index of Articles from Legal Periodicals as part of The Canadian Abridgment" (Silverstein, 2008, p.xii). The comprehensive, English-French index was used to create the stand-alone ICLL beginning in 1981. The second edition began in 1987 with contributors from law libraries and features works published in Canada, including journal articles, course materials, conference materials, book reviews, case comments, and legislative commentary. Out of a cooperative venture, ICLL now has an editorial board comprised of law librarians appointed by the Canadian Association of Law Libraries (CALL) whose members work directly with Thomson Reuters, formerly Carswell (Campbell, 1996, pp.244-245).

Index to Canadian Legal Periodical Literature (ICLPL)
CALL established a committee in 1963 to create ICLPL for legal articles and conference proceedings by subject. Each volume includes a separate thesaurus. As an index, ICLPL helps researchers determine effective terminology for database searching. ICLPL editor Marianne Scott described the rationale for creating the index by arguing that "the Canadian Index [Canadian Periodical Index] was too general, including law only as part of the social sciences and humanities, while the Index to Legal Periodicals has never included all Canadian legal titles and, as a result, was not sufficiently inclusive" (vol. 1961(vol. -1970. ICLPL "also indexes law-related articles from selected non-legal serials and individual essays from edited collections" (Campbell, 1996, p.244  Publishing Key Number System" for case law in the United States (Denton, 1997, p.36). This I decided that conducting interviews with colleagues at legal firms and law libraries would well supplement and inform the process and results of the terminological analysis in this study. To determine appropriate colleagues to interview, I had preliminary conversations with the largest law firm libraries in Alberta. These conversations revealed that early-career colleagues confused LCC (call numbers) with subject headings (controlled vocabulary). Due to the reliance on copy cataloguing -defined by Chan as "the process of adapting an existing catalog record prepared by another library or agency" (Chan, 2007, p.543)and the lack of access to official, firm-specific cataloguing policies and practices, a formalised survey of law firm library cataloguers exclusively would not be ideal. Instead, I chose to conduct semi-structured informal interviews with ten staff familiar with cataloguing at a mix of institutions: six at Canadian law firms, one at a courthouse library, and three at academic libraries in Calgary, Alberta, Canada. Some of these were colleagues already a part of my own professional network, while others were recommendations from those colleagues. I emailed potential interviewees details about this study along with a list of indexes I used to conduct terminological analysis. All ten individuals accepted my invitation to conduct interviews; eight interviews were done via the telephone and two in person. The interviews focused on determining historical cataloguing practices relating to assigning subject headings for Indigenous Peoples and were with either a senior member or retiree of their respective institutions with extensive law library experience.
The interviews for each participant included the following five questions: 1. From where did you get your copy cataloguing? 2. How did you determine your subject headings for library materials?
3. How have you seen library practices change for legal cataloguing and subject headings related to Indigenous terminology?
4. Are any indexes missing from the list of indexes to use for subject headings?
5. Can you suggest anyone else to consult regarding this research project?
Upon compilation of subject headings and completing the interviews, I completed a comparative analysis to determine similarities among and highlight differences between Indigenous subject headings generally and for the Canadian Arctic specifically. I created a table for each index or digest to list the various subject headings and sub-headings, followed by a timeline to illustrate themes and when they changed their terminology. This process found several repetitive subheadings that were removed because they overcomplicated the tables and included more detail than was necessary for this analysis.

Terminological Analysis: Results
Like the CSH findings, all five legal indexes surveyed historically use some form of the term 'Indian' in their subject headings. This is not surprising given the Indian Act Arctic subject headings. The headings provide the broadest, most general level of research in including the collective terms; therefore, this is a selected list of terms, rather than an individual list of hundreds of titles (e.g., the heading 'Indians of North America' alone has over 430 subheadings).   (Scott, 1961(Scott, -2006 Year General Indigenous Headings Arctic Indigenous Headings 1961-1970Indians Eskimos 1971-1975 Table 4 shows that the term 'Inuit' at the broadest level in the Alberta Reports first appears in 1992. MLBI is the sole Canadian index for case law to include the words 'Inuit' and 'Métis' at the most general level as seen in the heading 'Indians, Inuit and Métis' that existed when print ceased in 2016. Table 4 also shows more sub-headings than those from the other indexes to illustrate how MLBI used advanced taxonomic structure, including more numerous terminologies relating to Indigenous Peoples throughout its lifespan. New sub-heading: Indian Residential Schools Settlement Agreement All ten interviewees described the need to use 'Indian' for indigenous-related terminology, particularly for historical purposes. At the same time, some noted that such terminology was particularly problematic for reasons already covered in this chapter. Some interviewees confirmed that beginning this terminological analysis with the term 'Indian' and describing the transition to 'Aboriginal' as paralleled with 'Eskimo' to 'Inuit' was a sound research strategy. Additionally, all noted that the transition to 'Inuit' occurred faster than that from 'Indian.' Interestingly, the three retired interviewees of this study had no opinion on the move to 'Indigenous,' while the other seven currently-employed interviewees were optimistic and determined about the eventual likelihood of occurring. Five interviewees agreed that review of individual nation names in each index was critical for thoroughness.

Discussion
The analysis of all five legal indexes and the CSH, along with interviews, illustrates changes over time in legal terminology and cataloguing practise in Canada. The indexes and CSH analysed show evolving social vernacular toward respect of Indigenous Peoples in Canada. Retzlaff (2005, p.613) described the overarching collective terms as "the shifting membership categories in Native discourse, e.g., replacing 'Indian' with 'Aboriginal,' 'Native' and 'First Nations' shows that discourses are dynamic, and that these shifts reflect wider processes of socio-political changes." The shifting terminology from 'Eskimo' to 'Inuit' likely happened faster than for other    Peoples (1966;1968;1992;1999; Year Peoples' as the broadest subject headings (Bone and Lougheed, 2018, p.88).
LAC's Aboriginal consultation throughout the early-and mid-2000s stressed the priority of rectifying Aboriginal subject heading deficiencies by stating that "issues of racism and ignorance are raised by present cataloguing standards and terminology" (Blake, Martin, and Pelletier, 2004, p.23). Webster and Doyle (2008, p.195) stressed the need to begin mitigation of ethnic, social, cultural, and geographic stereotypes and inaccuracies in library cataloguing because classification schemes, such as LCC and the Dewey Decimal Classification System, are used wholly or in part to create records at libraries around the world. As such, it is easy for flawed cataloguing and metadata to be spread globally. In fact, cataloguers often adopt LCSH exactly because of its widely accepted use; however, some cataloguers have "astutely noted the problematic history librarians and archivists in Canada have had with LCSH when attempting to describe resources created by or about Indigenous people." (Bone and Lougheed, 2018, p.84).

Future Research
The foundation for researching Canadian library cataloguing practices of materials related to Indigenous Peoples should flow from recommendations found in the 2017 CFLA report. Culturally-appropriate metadata should be integrated, or terminology changed, as appropriate, as part of indigenising initiatives across Canada. Comparing the Canadian example to other geographiesincluding other Arctic countries, Australia, and regional-local Indigenous communities globallywould provide an international context to Indigenous terms in different legal systems. Although the study described in this chapter specifically takes the Canadian perspective, Arctic researchers could use the same legal terminological analysis as a foundation for their own similar analyses, for example, in Greenland, Siberia, and Alaska, beginning with the terms 'Eskimo' and 'Inuit.' Future analysis is also needed in evaluation of subject headings and other metadata used specifically within legal and interdisciplinary databases. Different vendors and editors organise primary materials in electronic databases using different forms of headings and metadata for Indigenous Peoples in Canada, but little is known about what this means in practice. For instance, how does the variation in subject headings and metadata used to classify and describe Canadian Indigenous Peoples relate to successful or unsuccessful retrieval yield results in popular electronic discovery services platforms such as those offered by EBSCO, ExLibris, and other vendors? Also, how is information literacy instruction impacted by subject heading and metadata variations, particularly in Arctic and Indigenous studies courses, and compared to general courses in history, political science, sociology, etc. where Arctic and Indigenous topics are covered? Borrows and Rotman (2012, p.583) noted that "people adapt to changes within legal frameworks." Therefore, in Canada, the final shift from the collective term 'Aboriginal Peoples' to 'Indigenous Peoples' begins with the 2019 legislative changes introduced by Trudeau to work with Indigenous Peoples "to do away with legislation and policies built to serve colonial interests" (2018). This chapter aims to be a timely contribution to the ongoing Canadian and worldwide discussion about Aboriginal-Indigenous terminology, specifically for legal cataloguing and research in Arctic contexts. It advocates for a broader, global conversation that all law libraries and other libraries with law materials serving Arctic interests be responsible for developing best practices that effectively bridge the gap between historical and contemporary terminology for Indigenous Peoples.

Conclusion
Research for the current chapter involved a systematic analysis of terminology from legal indexes and subject headings related to Indigenous Peoples in Canada with concentration on the Arctic. Although the specific term 'Inuit,' formerly 'Eskimo,' is the collective term for Indigenous Peoples in the Canadian Arctic, controlled vocabulary in library catalogues and legal research requires the use of the larger collective terms analysed and included throughout this chapter. Clearly, as suggested by this chapter, contemporary and historical subject headings combined will continue to be needed by law cataloguers and legal researchers in Canada to effectively catalogue and search for content related to Indigenous Peoples. While the TRC and CFLA both call for improved terminology related to Canadian indigenous groups, historical terms for indigenous legal and Arctic research cannot be discarded from lexicon if the controversial history of Canada's colonial past are to remain in the Aboriginal-Indigenous social narrative.

Endnote
An earlier version of this chapter was presented at the 9th International Congress of Arctic Social Sciences (ICASS-IX), 8-12 June 2017, Umeå, Sweden. The presentation has been archived in the University of Calgary repository at: https://prism.ucalgary.ca/handle/1880/52147.