The so-called land question dominates political discourse in British Columbia. Unstable Properties reverses the usual approach – investigating Aboriginal claims to Crown land – to reframe the issue as a history of Crown attempts to solidify claims to Indigenous territory.
The political and intellectual leadership of First Nations has exposed the fragility of BC’s political and civil property regimes, insisting that the province grapple with diverse interpretations of sovereignty, governance, territory, and property. From the historical-geographic processes through which the BC polity became entrenched in its present territory to key events of the twenty-first century, the authors of this clear-eyed study highlight the unstable ideological foundation of land and title arrangements.
In 2015, the Truth and Reconciliation Commission emphasized the need to educate Canadians about settler colonialism. Unstable Properties puts critical human geography at the service of this goal by demonstrating that understanding different conceptualizations of land and territorialization is a key element of reconciliation.
The 1970s witnessed the emergence of a global environmental movement in response to rampant resource extraction. This moment gave rise to a celebrated 'green-black alliance' between environmentalists and Indigenous groups in Australia. However, in recent years, this relationship has come under increased critical scrutiny in Australia and elsewhere, spurred in part by the global mining boom and continuing concerns about the effects of climate change. As the relationship between environmentalists and Indigenous peoples is subjected to renewed public inquiry, this book undertakes the vital task of submitting Indigenous-environmentalist relations to detailed analysis rather than broad-based summary.
Environmentalists' relations with both Indigenous people and images of indigeneity have long been unstable. This edited collection brings together leading anthropologists, social scientists, activists and writers to subject the Indigenous-environmentalist relation to rigorous, empirical inquiry, exploring possibilities for alliances and interrelations while also probing disagreements and dissonances. Examining noted controversies and campaigns such as the Wild Rivers Act and James Price Point, and key issues such as mining, native title rights, 'feral' species, forestry, national parks and payment for environmental services, the authors in this collection explore contemporary entanglements and engagements between environmentalists and Indigenous groups in Australia. The insights generated here have relevance beyond Australia as scholars investigate the politics of indigeneity in the present moment, and consider the economic futures of Indigenous minorities. Significantly, the collection involves both Indigenous and non-Indigenous authors subjecting environmentalists to a kind of anthropological analysis, asking, for example, how environmentalists think about the categories of 'modern', 'nature' and 'indigeneity'? How do their conceptualisations shape their practices, relationships and activism?
Unstable Relations addresses the past and emerging political tensions that mark 'green-black' encounters; provides fine-grained ethnographic case studies
Автор: Kerry Wilkins Название: Advancing Aboriginal Claims: Visions/Strategies/Directions ISBN: 1895830249 ISBN-13(EAN): 9781895830248 Издательство: Wiley EDC Рейтинг: Цена: 37750.00 T Наличие на складе: Поставка под заказ. Описание: Can Aboriginal values be reconciled with Canadian jurisprudence, and what is the role of Aboriginal jurisprudences in the development of treaty and Aboriginal rights? The combination of policy, philosophy, strategy, and legal arguments are valuable as a resource for thoughtful discussion and action on the future of Aboriginal claims. With the perspective of Aboriginal and non-Aboriginal social scientists and legal scholars, some authors provide clear, innovative strategy and legal arguments for use in advancing Aboriginal claims, while others ask us to question how best to ensure all interests are well represented in so doing.
Published in cooperation with the Centre for Constitutional Studies, University of Alberta.
Автор: Antonia Mills Название: Eagle Down Is Our Law: Witsuwit`en Law, Feasts, and Land Claims ISBN: 0774805137 ISBN-13(EAN): 9780774805131 Издательство: Wiley EDC Рейтинг: Цена: 29730.00 T Наличие на складе: Поставка под заказ. Описание: Eagle Down Is Our Law is about the struggle of the Witsuwit'en peoples to establish the meaning of aboriginal rights. With the neighbouring Gitksan, the Witsuwit'en launched a major land claims court case asking for the ownership and jurisdiction of 55,000 square kilometers of land in north-central British Columbia that they claim to have held since before the arrival of the Europeans. In conjunction with that court case, the Gitksan and Witsuwit'en asked a number of expert witnesses, among them Antonia Mills, an anthropologist, to prepare reports on their behalf. Her report, which instructs the judge in the case on the laws, feasts, and institutions of the Witsuwit'en, is presented here. Her testimony is based on two years of participant observation with the Witsuwit'en peoples and on her reading of the anthropological, historic, archaeological, and linguistic data about the Witsuwit'en.
Автор: Jane Dickson Название: By Law or In Justice: The Indian Specific Claims Commission and the Struggle for Indigenous Justice ISBN: 0774880066 ISBN-13(EAN): 9780774880060 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 30050.00 T Наличие на складе: Невозможна поставка. Описание: The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve claims arising from promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations. This book traces the history of Indigenous claims and the work of the ICC. Written by longstanding ICC Commissioner Jane Dickson, it provides an unflinching look at the inquiry process and the parties involved. Dickson draws upon the records of the commission and her long research and experience with Indigenous claims to provide a balanced, careful analysis of Canada’s claims policy; she also makes a passionate plea for greater claims justice.
Автор: Graham White Название: Indigenous Empowerment through Co-management: Land Claims Boards, Wildlife Management, and Environmental Regulation ISBN: 077486303X ISBN-13(EAN): 9780774863032 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 31730.00 T Наличие на складе: Нет в наличии. Описание: Co-management boards, established under comprehensive land claims agreements, have become key players in land-use planning, wildlife management, and environmental regulation across Canada’s North. This book provides a detailed account of the operation and effectiveness of these boards while addressing a central question: Have they been successful in ensuring substantial Indigenous involvement in policies affecting the land and wildlife in their traditional territories? While identifying constraints on the role Northern Indigenous peoples play in board processes, Graham White finds that overall they exercise extensive decision-making influence. These findings are provocative and offer valuable insights into our understanding of the importance of land claims boards and the role they play in the evolution of treaty federalism in Canada.
It is one thing to know what the law says: it is another to try to understand what it means and how it is applied. When Indigenous relationships with a country are viewed through the lens of a Western property rights regime, this complexity is seriously magnified. Crosscurrents traces the path of a native title claim in the Kimberley region of Western Australia (Sampi v. State of Western Australia) from its inception to resolution, contextualizing the claim in the web of historical events that shaped the claim's beginnings, its intersection with evolving case law, and the labyrinth of legal process, evidence and argument that ultimately shaped its end. Katie Glaskin examines native title law by tracing the development of a single claim, and, in doing so, makes this complex area of law more accessible to non-specialist readers. Also discussed is the interaction of Indigenous and Western systems of knowledge and governance. Policy-makers, native title lawyers, land councils, environmental groups, native title advocacy groups, anthropologists, historians, and scholars in the field will find this book of great interest. The author has worked as an anthropologist on native title claims since 1994, and has published widely in the area of native title. In 2015, she won the Royal Anthropological Institute of Great Britain and Ireland's prestigious Curl essay prize. Subject: Australian Studies, Indigenous Studies, Anthropology, Social Science, History, Legal History, Law]
Автор: Graham White Название: Indigenous Empowerment through Co-management: Land Claims Boards, Wildlife Management, and Environmental Regulation ISBN: 0774863021 ISBN-13(EAN): 9780774863025 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 75200.00 T Наличие на складе: Нет в наличии. Описание: Co-management boards, established under comprehensive land claims agreements, have become key players in land-use planning, wildlife management, and environmental regulation across Canada’s North. This book provides a detailed account of the operation and effectiveness of these boards while addressing a central question: Have they been successful in ensuring substantial Indigenous involvement in policies affecting the land and wildlife in their traditional territories? While identifying constraints on the role Northern Indigenous peoples play in board processes, Graham White finds that overall they exercise extensive decision-making influence. These findings are provocative and offer valuable insights into our understanding of the importance of land claims boards and the role they play in the evolution of treaty federalism in Canada.
Автор: Jane Dickson Название: By Law or In Justice: The Indian Specific Claims Commission and the Struggle for Indigenous Justice ISBN: 0774880058 ISBN-13(EAN): 9780774880053 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 75200.00 T Наличие на складе: Невозможна поставка. Описание: The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve claims arising from promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations. This book traces the history of Indigenous claims and the work of the ICC. Written by longstanding ICC Commissioner Jane Dickson, it provides an unflinching look at the inquiry process and the parties involved. Dickson draws upon the records of the commission and her long research and experience with Indigenous claims to provide a balanced, careful analysis of Canada’s claims policy; she also makes a passionate plea for greater claims justice.
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. This book brings together distinguished scholars who show that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework.
Contributors trace the role that courts and legislatures played in the extinguishment and acquisition of Aboriginal title and land. They then establish that although each country’s development was distinctive, common issues shaped – and continue to inform – indigenous peoples’ struggle for recognition. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case.
In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.
In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case.
In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.
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