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Religion, Land and Democracy in Canadian Indigenous-State Relations

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Religion, Land and Democracy in Canadian Indigenous-State Relations Religion, Land and Democracy in Canadian Indigenous-State Relations by Nicholas Shrubsole A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Doctor of Philosophy in Religious Studies Waterloo, Ontario, Canada, 2013 ©Nicholas Shrubsole 2013 AUTHOR'S DECLARATION I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract Many indigenous communities perceive an intimate connection between land and religion, and land has, and continues to remain, at the heart of indigenous-state relations. This dissertation examines how philosophies of land and religion in correlation with histories of dispossession and differentiation contribute to socio-political structures that threaten the religious freedom of Aboriginal peoples and the very existence of indigenous religious traditions, cultures, and sacred sites in Canada today. Through a political-philosophical approach to ethical concerns of justice as fairness, national minorities’ rights, and religious freedom, I examine court decisions, legislation, and official protocols that shape contemporary indigenous-state relations. I identify philosophical and structural issues preventing Canada from protecting the fundamental rights guaranteed to indigenous peoples and all Canadians. More specifically, I examine the historical manifestations of concepts of land and religion in philosophies of colonization, emphasizing their effects in contemporary indigenous-state relations. I analyze the impacts of secularization, socio-economic expansion, and the dispossession of Aboriginal traditional lands on the protection of indigenous cultural rights and off-reserve sacred sites. Based on this analysis, I discuss communicative democratic theory and the potential benefits and limitations of the “Duty to Consult and Accommodate”—the most recent framework for indigenous-state relations—for the protection of indigenous religious traditions and the importance of the inclusion of indigenous peoples in administrative and decision-making processes. Finally, I explore indigenous representation, religious revitalization and the politics of authenticity, authority, diversity and cultural change. iii Acknowledgements I would like to begin by thanking my supervisor, Scott Kline. His guidance, support, and critical engagement of my work encouraged and challenged me to think, write, and re-write in more complex and innovative ways. Without him, this dissertation would not have been possible. I would like to thank David Seljak for his guidance and advice that helped to bring clarity and context to this research. David’s editorial skills and expertise were invaluable in bringing this dissertation into focus. I would also like to extend my gratitude to P. Whitney Lackenbauer. Whitney’s expertise and unbridled enthusiasm was inspiring and insightful, and his guidance and support went beyond my expectations. Collectively, Scott, David, and Whitney, provided me with the necessary tools to complete this dissertation and, at times, financial support to develop my ideas in print and at academic conferences. Although this dissertation was primarily theory based, I did conduct an interview with the 1995 Gustafsen Lake Sun Dance leader, Splitting the Sky. While he commands only a small portion of this dissertation, I am indebted to him for sharing with me and teaching me about his experiences. I cannot adequately articulate the amount of knowledge I gained from my meetings with him. With his passing shortly before the submission of this dissertation, I hope that I have demonstrated respect for the intimate stories he communicated to me. I would also like to thank my colleagues in the joint Laurier-Waterloo doctoral program who always provided an ear, an eye, or company when needed. To the members of my cohort, thank you for your intellectual stimuli and companionship in the early stages of doctoral life. In particular, I would like to thank W.R. Dickson and Lauren Price for your advice in research, writing and editing. To the rest of the joint program, many of whom I know well, thank you for providing an energetic and engaged community within which I was fortunate enough to conduct my work and spend my time. I would like to thank my parents for their continued support throughout this process. In particular, my mother, Anne Shrubsole, who painstakingly proofread much of my early work until she finally conceded to the fact that she was unsure whether the few commas she had suggested were necessary or even correct. Finally, I would like to thank Katie Green for her friendship, support, and second set of eyes on work throughout my dissertation. iv Table of Contents AUTHOR'S DECLARATION ............................................................................................................... ii Abstract ................................................................................................................................................. iii Acknowledgements ............................................................................................................................... iv Table of Contents ................................................................................................................................... v Chapter 1 Introduction ............................................................................................................................ 1 1.1 The “Odd Story” of Indigenous-State Relations .......................................................................... 1 1.2 Theoretical Frameworks ............................................................................................................... 4 1.3 Method........................................................................................................................................ 10 1.4 “Indigenous Peoples,” “Religion” and “Spirituality” ................................................................. 16 1.5 Overview of Chapters ................................................................................................................. 19 Chapter 2 Philosophies of Land in Canadian Indigenous Policies: an Historical Overview ................ 22 2.1 Introduction ................................................................................................................................ 22 2.2 From Settlement to Confederation (1867) .................................................................................. 23 2.2.1 Shared Aspects of the Indigenous Philosophy of Land ....................................................... 23 2.2.2 John Locke and the European Philosophy of Land ............................................................. 25 2.2.3 Changing Relationship before Confederation (1867) .......................................................... 30 2.3 Civility, Farming, Morality and Religion in Canada, 1867–1951 .............................................. 34 2.3.1 Civility ................................................................................................................................. 34 2.3.2 Farming ............................................................................................................................... 36 2.3.3 Morality ............................................................................................................................... 40 2.3.4 Religion ............................................................................................................................... 41 2.4 Land and Post-1951 Indigenous-State Relations ........................................................................ 42 2.5 Conclusion .................................................................................................................................. 46 Chapter 3 The Conditions of Public Religion, Dispossession and First Nations Sacred Sites ............. 48 3.1 Introduction ................................................................................................................................ 48 3.2 Secularization and the Conditions of Public Religion ................................................................ 49 3.3 Differentiation and Religious Freedom in Canada ..................................................................... 55 3.4 Dispossession and Socio-Economic Expansion ......................................................................... 61 3.5 Section 35(1) and First Nations Religious Freedom .................................................................. 67 3.6 Section 2(a) and First Nations Religious Freedom ..................................................................... 73 3.7 Conclusion .................................................................................................................................. 78 v Chapter 4 Communicative Democracy and the Nature of Indigenous-State Relations ....................... 80 4.1 Introduction ................................................................................................................................ 80 4.2 Communicative Democracy and the State ................................................................................. 82 4.2.1 Why is inclusive deliberation so important in a just democracy? ....................................... 82 4.2.2 What is the place and role of
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