DOCSLIB.ORG

First Nations' Self-Government

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
First Nations' Self-Government FIRST NATIONS’ SELF-GOVERNMENT, INDIGENOUS SELF-DETERMINATION: ON THE TRANSFORMATIVE ROLE OF AGONISTIC INDIGENEITY IN CHALLENGING THE CONCEPTUAL LIMITS OF SOVEREIGNTY A Thesis Submitted to the College of Graduate Studies and Research in Partial Fulfillment of the Requirements for the Degree of Masters of Arts in the Department of Political Studies University of Saskatchewan Saskatoon By Tanya Andrusieczko © Copyright Tanya Andrusieczko, April 2012. All rights reserved. Permission to Use In presenting this thesis/dissertation in partial fulfillment of the requirements for a Postgraduate degree from the University of Saskatchewan, I agree that the Libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis/dissertation in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis/dissertation work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis work was done. It is understood that any copying or publication or use of this thesis/dissertation or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and to the University of Saskatchewan in any scholarly use which may be made of any material in my thesis/dissertation. Requests for permission to copy or to make other uses of materials in this thesis/dissertation in whole or part should be addressed to: Head of the Department of Political Studies University of Saskatchewan 9 Campus Drive Saskatoon, Saskatchewan Canada S7N 5A5 OR Dean College of Graduate Studies and Research University of Saskatchewan 107 Administration Place Saskatoon, Saskatchewan Canada S7N 5A2 i Abstract This thesis explores the possibilities of decolonizing the Euro-American political traditions of sovereignty in an effort to re-craft the social contract between the Canadian state and Indigenous peoples. It argues that the Canadian state embodies a particularly narrow conception of sovereignty that limits the possibility of actors representing claims to Aboriginal self-government to challenge the paramountcy of the state. Claims to Aboriginal self-government are truncated because most meaningful manifestations of self-government that challenges the principles of sovereignty are largely rejected by the Canadian state. There are models of Aboriginal self-government that are permissible, proving that the state is willing to negotiate to some extent and to stretch its understanding of sovereignty to accommodate Aboriginal rights, but important models recognizing Indigenous nationhood are squeezed out by the limited political imagination that positions the state in its hierarchical apex, to the exclusion of Indigenous self-determination. This thesis will first delineate how Canadian sovereignty is legitimized and established, and will proceed to argue that the models of Aboriginal self-government that are permissible are those that do not challenge the paramountcy of the state and therefore allow only for a constrained model of self-determination. Through a critical theoretical lens of Indigeneity, this thesis will examine the underlying assumptions that curtail the discourse on self-government. A new social discourse framework called agonistic Indigeneity will be presented as an avenue for challenging colonial state sovereignty and for asserting political imaginations that privilege Indigenous understandings of sovereignty. ii Acknowledgements Thank you to my supervisor, Dr. Joe Garcea, for asking the probing questions that were crucial to the formative articulation of my ideas. Thank you also to Dr. Neil Hibbert, for his open door and his invitations to discuss Big Ideas, and to Dr. Greg Poelzer for being tough enough on me to make me a more accountable scholar. Thank you to Dr. Rob Innes, whose openness and generosity gave me immense confidence to pursue my questions. I wish to send an enormous thank you to my incredible partner, Dylan Chartier, for the daily support and the unbending enthusiasm for listening to me “talk it out,” and for the love that permeated his patience for listening to my defense of agonism. Thank you, most of all, to my parents, Arko and Daria, for being proud of me and letting me know it. iii Table of Contents Permission to Use ................................................................................................................. i Abstract................................................................................................................................ ii Acknowledgements ............................................................................................................ iii CHAPTER 1: INTRODUCTION .......................................................................................... 1 1.1. Departure point and research question .................................................................... 2 1.2. Terminology .............................................................................................................. 3 1.2.1. Sovereignty .......................................................................................................... 4 1.2.2. Self-government ................................................................................................. 5 1.2.3. Self-determination ............................................................................................. 6 1.2.4. Limitations of translation .................................................................................. 7 1.3. The historical context of self-government ................................................................ 9 1.3.1. The 1960s and 1970s ......................................................................................... 10 1.3.2. Constitution days .............................................................................................. 12 1.3.3. Change through courts and modern treaties ................................................... 18 1.4. Theoretical perspective of thesis ............................................................................ 20 1.5. Organization of thesis ............................................................................................. 22 CHAPTER 2: THE SELF-GOVERNMENT CONTINUUM ............................................... 24 2.1. Sources of legitimacy of right to self-government .................................................. 25 2.1.1. Creator .............................................................................................................. 25 2.1.2. International recognition ................................................................................. 26 2.1.3. Royal Proclamation of 1763 ............................................................................. 27 2.1.4. Canadian law .................................................................................................... 28 2.2. Government of Canada’s Policy on Self-Government ........................................... 29 2.2.1. Nisga’a Self-Government Agreement .............................................................. 31 2.2.2. James Bay and Northern Quebec Agreement ................................................. 35 2.2.2. The Nunavut Land Claims Agreement ............................................................ 39 2.3. Models of Aboriginal Self-government .................................................................. 43 2.3.1. Mini-municipalities .......................................................................................... 46 2.3.2. Adapted federalism .......................................................................................... 49 iv 2.3.4. Nationhood ...................................................................................................... 53 2.4. Accounting for variations in models ...................................................................... 56 2.5. Gaps in the continuum ........................................................................................... 57 2.5.1. Factors stunting the continuum ....................................................................... 59 2.5.2. State-centered vs. Indigenous-centered models of self-determination .......... 62 CHAPTER 3: GENEALOGY OF SOVEREIGNTY AND IMPLICATIONS ON INDIGENOUS SELF-DETERMINATION ....................................................................... 64 3.1. Importance of genealogical study ........................................................................... 65 3.2. Sovereignty in theory .............................................................................................. 67 3.3. Brief genealogy of main themes of sovereignty ...................................................... 71 3.3.1. Jean Bodin ........................................................................................................ 72 3.3.2. Thomas Hobbes ............................................................................................... 74 3.3.3. Jean-Jacques Rousseau ................................................................................... 77 3.3.4. Common themes .............................................................................................. 79 3.4. Sovereignty as power .............................................................................................. 81 3.5. Canadian state’s exertion of power .......................................................................
Load more

Recommended publications
  • The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims
    Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2015 The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims Kent McNeil Osgoode Hall Law School of York University, [email protected] Source Publication: (2015) 20 Review of Constitutional Studies 1-29 Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Indian and Aboriginal Law Commons Repository Citation McNeil, Kent, "The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims" (2015). Articles & Book Chapters. 2777. https://digitalcommons.osgoode.yorku.ca/scholarly_works/2777 This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims Kent McNeil* This article examines the application of the L'uteur de cet article examine l'pplication theory ofthe unity ofthe Crown in Canada in de la theorie de Punite de la Couronne the context of Indigenous peoples. It reveals a au Canada dans le contexte des peuples consistent retreat by the courtsfrom acceptance autochtones. I rivile une retraite constante of the theory in the late nineteenth century to de la part des tribunaux de lipprobation de rejection ofit in the secondhalfofthe twentieth la theorie a la fin du dix-neuvidme sicle a century. This evolution ofthe theory' relevance, son rejet au cours de la deuxidme moiti du it is argued, is consistent with Canada federal vingtidme sidcle.
    [Show full text]
  • Understanding Aboriginal and Treaty Rights in the Northwest Territories: Chapter 2: Early Treaty-Making in the NWT
    Understanding Aboriginal and Treaty Rights in the Northwest Territories: Chapter 2: Early Treaty-making in the NWT he first chapter in this series, Understanding Aboriginal The Royal Proclamation Tand Treaty Rights in the NWT: An Introduction, touched After Great Britain defeated France for control of North briefly on Aboriginal and treaty rights in the NWT. This America, the British understood the importance of chapter looks at the first contact between Aboriginal maintaining peace and good relations with Aboriginal peoples and Europeans. The events relating to this initial peoples. That meant setting out rules about land use contact ultimately shaped early treaty-making in the NWT. and Aboriginal rights. The Royal Proclamation of 1763 Early Contact is the most important statement of British policy towards Aboriginal peoples in North America. The Royal When European explorers set foot in North America Proclamation called for friendly relations with Aboriginal they claimed the land for the European colonial powers peoples and noted that “great frauds and abuses” had they represented. This amounted to European countries occurred in land dealings. The Royal Proclamation also asserting sovereignty over North America. But, in practice, said that only the Crown could legally buy Aboriginal their power was built up over time by settlement, trade, land and any sale had to be made at a “public meeting or warfare, and diplomacy. Diplomacy in these days included assembly of the said Indians to be held for that purpose.” entering into treaties with the indigenous Aboriginal peoples of what would become Canada. Some of the early treaty documents aimed for “peace and friendship” and refer to Aboriginal peoples as “allies” rather than “subjects”, which suggests that these treaties could be interpreted as nation-to-nation agreements.
    [Show full text]
  • BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans
    U.S. COMMISSION ON CIVIL RIGHTS BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Official Business DECEMBER 2018 Penalty for Private Use $300 Visit us on the Web: www.usccr.gov U.S. COMMISSION ON CIVIL RIGHTS MEMBERS OF THE COMMISSION The U.S. Commission on Civil Rights is an independent, Catherine E. Lhamon, Chairperson bipartisan agency established by Congress in 1957. It is Patricia Timmons-Goodson, Vice Chairperson directed to: Debo P. Adegbile Gail L. Heriot • Investigate complaints alleging that citizens are Peter N. Kirsanow being deprived of their right to vote by reason of their David Kladney race, color, religion, sex, age, disability, or national Karen Narasaki origin, or by reason of fraudulent practices. Michael Yaki • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Mauro Morales, Staff Director because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. • Appraise federal laws and policies with respect to U.S. Commission on Civil Rights discrimination or denial of equal protection of the laws 1331 Pennsylvania Avenue, NW because of race, color, religion, sex, age, disability, or Washington, DC 20425 national origin, or in the administration of justice. (202) 376-8128 voice • Serve as a national clearinghouse for information TTY Relay: 711 in respect to discrimination or denial of equal protection of the laws because of race, color, www.usccr.gov religion, sex, age, disability, or national origin. • Submit reports, findings, and recommendations to the President and Congress.
    [Show full text]
  • Diamond Mining and Tłįchǫ Youth in Behchokǫ̀, Northwest Territories
    ARCTIC VOL. 65, NO. 2 (JUNE 2012) P. 214 – 228 All That Glitters: Diamond Mining and Tłįchǫ Youth in Behchokǫ,̀ Northwest Territories COLLEEN M. DAVISON1 and PENELOPE HAWE2 (Received 5 March 2010; accepted in revised form 23 September 2011) ABSTRACT. Currently, Canada’s northern territories have three active diamond mines and one mine under construction, and one mine has recently closed. In response to local concerns, and in partnership with members of the Tłįchǫ First Nation, this ethnographic study examines the positive and detrimental impacts of diamond mining on youth in Behchokǫ,̀ Northwest Territories, using data collected from intensive fieldwork and participant observation, focus groups, interviews, and archival documents. The study of mining impacts remains a complex and contested field. Youth in Behchokǫ̀ experience both negative and positive effects of mining. Diamond mining companies are places of employment and act as community resources; their development has influenced the transience of individuals in the region, the identity and roles of family caregivers, the motivation of students, the purpose of schooling, and the level of economic prosperity in some (but not all) families. The diverse impacts of these changes on the health of northern individuals and communities can be understood only within the broader context of social, economic, political, and environmental changes occurring in the Arctic today. Results of this study help inform ongoing efforts by those in Behchokǫ̀ and the Northwest Territories to monitor the effects of diamond mining and maximize the potential benefits for local people, including youth. Key words: Aboriginal health, youth, diamond mining, resource development, education, employment, impacts and benefits RÉSUMÉ.
    [Show full text]
  • Treaties in Canada, Education Guide
    TREATIES IN CANADA EDUCATION GUIDE A project of Cover: Map showing treaties in Ontario, c. 1931 (courtesy of Archives of Ontario/I0022329/J.L. Morris Fonds/F 1060-1-0-51, Folder 1, Map 14, 13356 [63/5]). Chiefs of the Six Nations reading Wampum belts, 1871 (courtesy of Library and Archives Canada/Electric Studio/C-085137). “The words ‘as long as the sun shines, as long as the waters flow Message to teachers Activities and discussions related to Indigenous peoples’ Key Terms and Definitions downhill, and as long as the grass grows green’ can be found in many history in Canada may evoke an emotional response from treaties after the 1613 treaty. It set a relationship of equity and peace.” some students. The subject of treaties can bring out strong Aboriginal Title: the inherent right of Indigenous peoples — Oren Lyons, Faithkeeper of the Onondaga Nation’s Turtle Clan opinions and feelings, as it includes two worldviews. It is to land or territory; the Canadian legal system recognizes title as a collective right to the use of and jurisdiction over critical to acknowledge that Indigenous worldviews and a group’s ancestral lands Table of Contents Introduction: understandings of relationships have continually been marginalized. This does not make them less valid, and Assimilation: the process by which a person or persons Introduction: Treaties between Treaties between Canada and Indigenous peoples acquire the social and psychological characteristics of another Canada and Indigenous peoples 2 students need to understand why different peoples in Canada group; to cause a person or group to become part of a Beginning in the early 1600s, the British Crown (later the Government of Canada) entered into might have different outlooks and interpretations of treaties.
    [Show full text]
  • "It Was Only a Treaty"
    "IT WAS ONLY A TREATY" TREATY 11 ACCORDING TO THE DENE OF THE MACKENZIE VALLEY Revised for The Dene Nation and The Royal Commission on Aboriginal Peoples Rene M.J. Lamothe April, 1996 EXECUTIVE SUMMARY "It Was Only A Treaty" provides some basic concepts about Treaty 11 from a Dene perspective. The paper sets out cultural parameters of Dene life by providing information on key social, economic, political and spiritual aspects of Dene life with the intention of providing readers with the historical and legal context in which the Dene live. Through the presentation of the context of Dene life, the paper sets the parameters which limit Dene decision making with regards to the land and relationships with non-Dene. Some of the information may be viewed by academic interests to be outside the scope of what they consider "sound knowledge" about the Dene. The information, however, is provided from within the context of Dene experience, much of which, being of a spiritual nature, is not readily available to the "outside" academic. This information is also intended, in part, to set the stage for the non-Dene to better understand the social, political and economic conditions in play in Dene society in 1921. Understanding the context from which the Dene approached the Crown's Treaty Party is fundamental to understanding the Dene version of Treaty 11. The paper explores government interests in the territory covered by Treaty 11. Although this section is very limited in its' scope and does not provide conclusive evidence about the motives of government, it provides information on land surveys which took place in Dene territory before Treaty was made, as well as bringing to light some of the political and economic pressures which have been at play within the Euro-Canadian/American public since contact.
    [Show full text]
  • Table of Contents
    Dakota, Nakota, Lakota Life South Dakota State Historical Society Education Kit Table of Contents Table of Contents 1 Goals and Materials 2 Photograph List 3-4 Books and CDs in the Kit 5 Music CDs and DVD in the Kit 6 Erasing Native American Stereotypes 7-8 Teacher Resource 9-18 Bibliography 19-20 Worksheets Word Find 21 Word Find Key 22 Crossword Puzzle 23 Crossword Puzzle Key 24 Word Scramble 25 Word Scramble Key 26 Activities Reading an Object 27-28 Object Identification Sheet 29-35 Trek to Wind Cave 36-37 South Dakota Coordinates Worksheet 38 Comparing Families 39-40 Comparing Families Worksheet 41 What Does the Photo Show? 42-43 Beadwork Designs 44-45 Beadwork Designs Worksheet 46 Beadwork Designs Key 47 Lazy Stitch Beading 48-49 Lazy Stitch Beading Instructions / Pattern 50-51 What Do You Get From a Buffalo? 52-53 Buffalo Uses Worksheet 54 Pin the Parts on the Buffalo 55-56 Pin the Parts on the Buffalo Worksheet 57 Pin the Parts on the Buffalo Worksheet Key 58 Pin the Parts on the Buffalo Outline & Key 59-60 Create a Ledger Drawing 61-62 Examples of Ledger Drawings 63-66 Traditional & Contemporary: Comparing Drum 67-68 Groups Come Dance With Us: Identifying Powwow Dance 69-72 Styles 1 Dakota, Nakota, Lakota Life South Dakota State Historical Society Education Kit Goals and Materials Goals Kit users will: explore the history and culture of the Dakota, Nakota and Lakota people understand the changes brought about by the shift from buffalo hunting to reservation life appreciate that the Dakota, Nakota and Lakota culture is not something
    [Show full text]
  • Arctic Policy &
    Arctic Policy & Law References to Selected Documents Edited by Wolfgang E. Burhenne Prepared by Jennifer Kelleher and Aaron Laur Published by the International Council of Environmental Law – toward sustainable development – (ICEL) for the Arctic Task Force of the IUCN Commission on Environmental Law (IUCN-CEL) Arctic Policy & Law References to Selected Documents Edited by Wolfgang E. Burhenne Prepared by Jennifer Kelleher and Aaron Laur Published by The International Council of Environmental Law – toward sustainable development – (ICEL) for the Arctic Task Force of the IUCN Commission on Environmental Law The designation of geographical entities in this book, and the presentation of material, do not imply the expression of any opinion whatsoever on the part of ICEL or the Arctic Task Force of the IUCN Commission on Environmental Law concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers and boundaries. The views expressed in this publication do not necessarily reflect those of ICEL or the Arctic Task Force. The preparation of Arctic Policy & Law: References to Selected Documents was a project of ICEL with the support of the Elizabeth Haub Foundations (Germany, USA, Canada). Published by: International Council of Environmental Law (ICEL), Bonn, Germany Copyright: © 2011 International Council of Environmental Law (ICEL) Reproduction of this publication for educational or other non- commercial purposes is authorized without prior permission from the copyright holder provided the source is fully acknowledged. Reproduction for resale or other commercial purposes is prohibited without the prior written permission of the copyright holder. Citation: International Council of Environmental Law (ICEL) (2011).
    [Show full text]
  • Mississauga Reception
    REGIONAL RECEPTION Mississauga reception Story by Harrison Lowman, photos by Sumeeta Kohli and Susan Simms On Wednesday, February 10, the CAFP was welcomed to Mississauga City Hall by Mayor Bonnie Crombie. Attendees heard from the Mayor, the VP of the Ontario Former Members Association, David Warner and CAFP’s own Hon. Andy Mitchell. Attendees at the Mississauga gathering. Mayor Bonnie Crombie welcomes CAFP and CAFP President, Hon. Andy Mitchell at Mis- Hon. Gurbax Malhi, Hon. Andy Mitchell, the Ontario Association of Former Members of sissauga City Hall. Mayor Bonnie Crombie, John Nunziata, and Parliament to Mississauga. Terence Young. Mayor Bonnie Crombie alongside Hon. Jean Geoff Scott and Mayor Crombie. Dorothy Price, Mayor Crombie and Hon. Vim Augustine. Kochhar. Page 2 Beyond the Hill • Spring 2016 Beyond the Hill • Spring 2016 Page 3 Beyond the Hill Canadian Association of Former Parliamentarians Volume 12, Issue No. 2 Spring 2016 CONTENTS First ever global anti-corruption award goes Regional Reception in Mississauga 2 Story by Harrison Lowman, to Yemeni parliamentarian 25 photos by Sumeeta Kohli and Susan Simms By Scott Hitchcox CAFP News 4 Election Observation in Haiti 26 How the President sees it 5 By Hayley Chazan By Hon. Andy Mitchell How it works 30 Why not join the CAFP 6 By Hon. John Reid By Scott Hitchcox It seems to me 32 Association of Former Members of the Legislative Assembly of British Columbia By Dorothy Dobbie annual dinner 7 Teachers Institute on Canadian Story by Hon. David Anderson, photo by Rob Lee Parliamentary Democracy 33 Parliamentary internship gateway to By Harrison Lowman exciting careers 8 By Harrison Lowman Where are they now? 34 Provincial and National Associations’ Meeting 11 By Hayley Chazan, Scott Hitchcox By Harrison Lowman and Harrison Lowman The return of the Rhino Party 12 Book shelf: Tamboura: The eruption that By Harrison Lowman changed the world 38 New Poet Laureate named 15 By Hon.
    [Show full text]
  • Conservation and Treaty Rights: a Critical Analysis of a Sport Organization’S Perspective
    CONSERVATION AND TREATY RIGHTS CONSERVATION AND TREATY RIGHTS: A CRITICAL ANALYSIS OF A SPORT ORGANIZATION’S PERSPECTIVE ON INDIGENOUS PEOPLES’ HUNTING AND FISHING BY: NICK MARTINO, B.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfilment of the Requirements for the Degree of Master of Sociology McMaster University © Copyright by Nick Martino, September 2016 McMaster University MASTER OF ARTS (2016) Hamilton, Ontario (Sociology) TITLE: Conservation and Treaty Rights: A Critical Analysis of a Sport Organization’s Perspective on Indigenous Peoples’ Hunting and Fishing AUTHOR: Nick Martino, B.A. (Trent University) SUPERVISOR: Professor Jeffrey S. Denis NUMBER OF PAGES: x, 120 ii Lay Abstract The Ontario Federation of Anglers and Hunters (OFAH) is an influential organization that has criticized Indigenous peoples’ treaty hunting and fishing rights and land claims for allegedly threatening conservation, recreational opportunities, and the outdoor economy. This thesis analyzes and compares the views surrounding treaty rights between the OFAH leadership and ordinary hunters and fishers inside and outside the organization. Interviews with 20 (Indigenous and non-Indigenous) respondents and a review of the OFAH’s official sources showed that OFAH leaders and 55% of the respondents expressed feelings of concern, resentment, and opposition. Although OFAH leaders and 45% of the respondents displayed limited degrees of support for treaty rights, the general pattern showed how they drew on similar arguments based on equality, fairness, and a concern for wildlife to criticize and/or oppose treaty rights revealing a defensive reaction to maintain their privileges and access to resources. iii Abstract The Ontario Federation of Anglers and Hunters (OFAH) is an influential sport/interest group that has a long history of advocacy and involvement with policies and management related to the conservation of wildlife and outdoor recreation.
    [Show full text]
  • Grand Chief Ken Kyikavichik to the Standing
    Address by Gwich’in Tribal Council (GTC) Grand Chief Ken Kyikavichik to the Standing Senate Committee on Aboriginal Peoples – Pre-Study Bill C-15 – May 14, 2021 Drin Gwinzii (Good afternoon) Mr./Mme. Chair/Senators, My name is Ken Kyikavichik and I am the Grand Chief of the Gwich’in Tribal Council of the Northwest Territories. I was elected only last year, and I am here speaking on behalf of the over 3,500 participants to our Gwich’in Comprehensive Land Claim Agreement that we signed with Canada back in 1992. It is my honour to be here speaking with you with respect to this milestone legislation in Canada’s history. For us as Gwich’in, some of the core principles of the United Nations Declaration on the Rights of Indigenous Peoples or the UN Declaration for short include: • Recognition and Affirmation; • The principles of Free, Prior and Informed Consent or FPIC as it is more commonly known; • The Right to the Conservation and Protection of the Environment; and • Improvement of Economic and Social Conditions. Recognition and Affirmation On recognition and affirmation, I would be remiss if I did not acknowledge Treaty 11 in the Northwest Territories. On July 28, 1921, Treaty 11 was signed by my great-grandfather, Chief Johnny Kyikavichik who was a Headman at the time of signing along with other Teetl’it Gwich’in leadership such as Chief Julius Salu and Headmen Abraham Francis and Andrew Kunnizzi. The Gwich’in were also represented in the signing of Treaty 11 by the Gwichya Gwich’in leadership of Chief Paul Niditchie and Headman Fabien Coyen two days earlier on July 26, 1921.
    [Show full text]
  • Land Entitlement Under Treaty 8 951
    LAND ENTITLEMENT UNDER TREATY 8 951 LAND ENTITLEMENT UNDER TREATY 8 ROBERT METCS' AND CHRISTOPHER G. DEVLIN" This article provides an analysis of the land Cet article analyse /es dispositions sur /es droits entitlement provisions of Treaty 8 as they relate to fonciers du Traile 8 relalivement au traile federal current federal treaty land entitlement ([LE) policy actue/ sur la po/ilique sur /es droils fonciers el le and to the judgment in Lac La Ronge. The authors jugement du Lac La Ronge. Les auleurs delerminen/ identify and analyze significant textual, contextual, el analysent des differences lexluel/es. conlex/uelles el and historical differences between Treaty 8 and !he hisloriques considerables en/re le Traite 8 el /es sepl previous seven numbered Trealies. On !he basis of lraites precedenls. Comple /enu de celle analyse, /es !hat analysis, !he au/hors advance various proposals au/eursfont plusieurs propositions visanl a appuyer in support of a principled policy approach lo une demarche de polilique molivee dans le bu/ determining the existence and extenl of the d 'etablir I 'existence et la portee des obligations obligalions placed upon the Crown by Treaty 8 and imposees a la Couronne par le Traite 8 et /es the land enlitlemenl provisions contained therein. dispositions sur /es droits fanciers qu 'ii conlient. TABLE OF CONTENTS I. INTRODUCTION ............................................. 952 II. INTERPRETATION OF TREATY 8 ................................. 953 A. THE LAND ENTITLEMENT PROVISIONS OF TREATY 8 .......................................... 953 B. LEGAL PRINCIPLES APPLICABLE TO THE INTERPRETATION OF TREATIES ............................. 955 C. THE LAC LA RONG£ DECISION ............................. 958 D. APPLICATION OF LEGAL PRINCIPLES TO TREATY 8 .........................................
    [Show full text]