ABSTRACT
This chapter turns to protection strategies for precarious spaces of high use-value and community cultural wealth. The potential counterhegemonic use of hegemonic legal tools is applied to assess existing heritage management tools, policies, and legislation, as well as international legal frameworks, including UNESCO’s Convention on the Safeguarding of the Intangible Cultural Heritage. Guidance is drawn from the 2013 Burra Charter for developing better heritage value assessments that engage with intangible cultural heritage in an inclusive and critical manner that unseats authorized heritage discourse and the dominance of the tangible over the intangible. Other legal mechanisms that carry potential for counterhegemonic application are also explored, such as the establishment of Heritage Conservation Districts and better use of Section 37 height and density trading. Creative placekeeping - versus creative placemaking - is introduced alongside legal mechanisms like the use of Assets of Community Value and Article 4 Directions, the Agent of Change Principle, and 24-hour city governance frameworks. Finally, Chapter 7 highlights an underlying lack of effective community engagement and public consultation design that plagued all of the case studies canvassed in this book and takes a further look at the existence, successes, and oversights of TMAC - the Toronto Music Advisory Council.
