Employing a perspective that distinguishes between "identity" and "identifying" demonstrates the limitations inherent in typical conceptions of cultural identity. Identifying is situational and historical, shaped by the time and place in which it occurs, whereas identity is thought to transcend history and social situations. Identity is rep­ resented in the Indian Act and its definition of "Indian." Métis efforts for recognition as an Aboriginal people in their own right is seen as identifying. The potential harm of identity is demonstrated by the Crown's arguments in the case for Gitksan- Wet'suwet'en Aboriginal title.