THE YUKON: Lauren Alexandra Baranik, B.A., a Thesis Submitted In
Indigenous-crown relations in Canada and the Yukon: the Peel Watershed case, 2017 Item Type Thesis Authors Baranik, Lauren Alexandra Download date 03/10/2021 22:59:54 Link to Item http://hdl.handle.net/11122/10609 INDIGENOUS-CROWN RELATIONS IN CANADA AND THE YUKON: THE PEEL WATERSHED CASE, 2017 By: Lauren Alexandra Baranik, B.A., B.Ed. A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Arctic and Northern Studies University of Alaska Fairbanks August 2019 APPROVED: Mary F. Ehrlander, Committee Chair Leslie McCartney, Committee Member Victoria Castillo, Committee Member Alexander Hirsch, Committee Member Mary F. Ehrlander, Chair Department of Arctic and Northern Studies Todd Sherman, Dean College of Liberal Arts Michael Castellini, Dean of the Graduate School ABSTRACT The history of Indigenous-Crown relations in Canada has varied regionally and temporally. With the Constitution Act of 1982, however, Canada entered a new era. Section 35 of the Constitution recognized Indigenous treaty and land rights, and the Supreme Court of Canada has consistently interpreted this section liberally in favor of Canada's Indigenous Peoples. The Court has upheld the honour of the Crown in emphasizing the national and sub national governments' duty to consult diligently when engaging in development on the traditional territories of First Nations, Metis, and Inuit. The “citizens-plus” model of asserting and protecting Indigenous rights, first coined in the Hawthorn Report of 1966, has proved effective in these court cases, most recently in the Yukon's Peel Watershed case from 2014 to 2017. Yet, engaging with the state to pursue and to invoke treaty rights has forced socio economic and political changes among Yukon First Nations that some scholars have argued are harmful to the spiritual and physical wellbeing of Indigenous communities, mainly through alienation from their homelands.
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