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This manusai@ has bœn reproduœd fiocn the rniadikn master. UMI films the text directly from the original or copy wbmitbd. Thus, roms üiesis and dissertation =pies are in typwiterfrcs, whüe WMWSmoy be frwn eny typ8 d cornputer pnnter. In the unlikely event üiat the author diâ not send UMI a compleM manuuript and there are missing pages, these will be notad. Ab, if unauümked copyright material had to be removeâ, a note will indiab the deletion. Oversize materials (e.g., rnaps, drawings, cham) are repmduted by sectiming the original, winning at the upQer left-hand camer and 0011fiwing from left to ngM in equal secüons with srnall werlaps. Photographs induded in the original manuscript have been reproduœd xemgraphically in this -y. Higher qudi 6- x W bladr and white photographie prints are availabie for any photagmphs or illustrations apgearing in this copy for an addoilcharge. Coritact UMI di* to order. Bell & H-Il Infomiatiori and Leaming 300 Nor& Zeeb Road, AmA-, MI 48106-1346 USA 800-521- NOTE TO USERS This reproduction is the best copy available THE POLITICAL CONSTITUTION OF INDIGENOUS LAND STRUGGLES: A CASE STUDY OF TEIE ABORIGINAL WIGHTS' TRICKSTER by Gerdine Van Woudenberg, B.A. A thesis subrnitted to the Faculty of Graduate Studies and Research in partial fulfilment of the requirements for the degree of Master of Arts The Norman Paterson School of International Mairs Carleton University Ottawa, Ontario April, 1999 Ocopyright Gerdine Van Woudenberg, 1999 National Library Bibliotheque nationale du Canada Acquisitions and Acquisitions et Bibliographic Services services bibliographiques 395 Wellington Street 395. rue WdCngtar, OtrawaON K1AON4 O(?awaOCY K1A ON4 Canada Canada The author has granted a non- L'auteur a accordé une licence non exclusive licence dowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or sell reproduire, prêter, distribuer ou copies of this thesis in microfom, vendre des copies de cette thèse sous paper or electronic formats. la forme de microfiche/film, de reproduction sur papier ou sur format électronique. The author retaios ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fiom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. Heading into the 21Y Century one of the enduring challenges fkkg Migemus Peopies is . C access to and control of hi,cntical to lnfigexmus cultural revitslmibon and praervation idhhs. Efforts to resolve Iodigemus lani struggies generally occur wïthin domestic spheres of cod& resolution, thereby phciag prirnacy on the spatial sovereignty of natiomstates. USag as a case shdy a recent knd conflïct between Wabaaalll Peoples and the Province of New Bdkand pkhg it withn the cultural production of bdsap,ibis thesis doitsthe national (Canadian) nmdve by problematizing the domestic strategy of Aboriginal 'rights' discoinse. By wvïng beyond the material process and physical pchacy of Land, this thesis explores the ways in which Abmiginai 'rights' discourse instigates contestations over the meanïngs of landscapes, shapes cuitural poütics and syrnbolic practices, which in tum give rise to and hdelibly adjudicae the outcome of territorial disputes. Withui this cuntext, the case study re4that rather than securing Wabanaki Peopks a more self4etennined existence, the Aboriginal 'rights' trickster drains Aboriginai comnunities of their collective power by enveloping them fiuther into the spatial aiagery of the nation-state. Many people bave conîriied to the research and writing of this thesis. 1 would &e to take this opporturi to express my Meitappxkîbn to everyone that bas assisted my throughout this journey, and to express partïcuk appreciation to those peopk who 1 bekve went Wood the cal1 of duty to assist in the completion of this pmject. First 1 would like to thank all the Wabanaki nren and women wbo were so kind as to participate in this pmject by shatiag tbek thoughts and experkas with me. Theu understandings have contnied greatly the manner and fom in which I approached this research pmject. I would also Wre to thank the hwyers, adSt- Thomas University professors who took the time to expbre this topic with me, and the rnany suggestions and ideas they put forward. In partïcular, 1 owe an enormus amotmt of gratitude to Aadrea Bear Nichok who so kïndiy assisted me in what ever way she could, be it in allowhg me accesj to her resou~ices,providing wmmunity contacts, and suggesiing ways in which to approach this research project. As always, she went weil beyond the cal1 of duty and in so doing provideci with much information to think about and explore- Thank you so kindly Andrea! For academic and moral support and encouragement, I would Iike to express my gratitude to my supervisor, Professor Fiona Mackenzie. Her graduate semirars and our infod discussion always challenged me to 'push the boundacies', a process tbrough which 1learned a great deal more than ever anticipated. 1 would also like to thank my advisor, Simon Brascoupd in taking the theto discuss the numerous aspects that make this project. Last, but not least, 1 owe a special tbanks to fiends and fiimily who were always wüluig to lend an ea.or share a cup of CO& with me, and thereby always keeping me grounded and focused through the various questions they wouid a& Specid thanks goes to my father, %ris van Woudenberg, and his partner, Heather Lowe for providing me with a place to stay, a vehicle to use while doing field research and always asking dïilicuit questions to keep me on my toes. Special thanks also to my partner, Jeff Knox for providiig me the moral and financial support needed to complete this project, and whose love bas been with me every step of the way. Chapter Five Coming full circle: a conclusion ............................ 141 Concluding Observations .............................................. 145 References ............................................................... 149 Appendices .............................................................. 167 List of Appendices Appendix A: ResearchLe~ter.......................................... 167 Appendix B: Maiiseet Court Order for the Province of New Bninswick .......... 169 Appendix C: Ddy GfeunerCartoon editorials ............................ 171 Appendix D: Map of the Wabanaki Confederacy ........................... 174 Appendix E: Map of the Prînciple Resewes in the Maritime Region ............. 175 Chapter One Re-conceptualiUig Iadigeaoms had struggles: An intmàuctoy fmmework 1 begin this thesis by hoducmg and sbaruig a story of one Wabaoalri fiïmily- [G]kisedtanamoogkl is a member of the Waxnpanoag located in what many consider the 'Eastern United States'. Seventeen years ago, he and a Mügeniag womaa nemed Miigam'agan fkom Esgenoopetitj, which is located in 'Eastern Caiiada', were married through customary ceremony (Atlantic Policy Congres, 1 Both Miigarn' agan and gksidetanamoogk' s Nations belong to the Codederacy of Wabanaki Nations which consists of Eastern Indigenous People9 of Algonquïn- speaking Nations of the Great Turtle Island, othenvise kwwn as 'North ~merica')(see Appeoda Dl- In following the inherent and continuing responsibilities and obligations to uphold and carry on the integrity of Wabanaki traditions and customs (gkisedtanamoogk, 1996a), Mügam'agan and gkisedtanamoogk founded their family on a Wabanaki way of We. In so doing, they participate equally m and uphold the principle of the longhouse which recognizes the signincance and centrality The centre of the longhouse is femaie-He, womankind. When you look at the land we find our teachers, cuiture, spirituality, goveniment... It has aii corne hma loving 'd<isedtanamoogk uses îhe snall case whm refingto himself in honour of creatim, recognisùlg that he is part of the life force rather than assumhg he is saname worth standmg apart fian creation- As he explains, "whatever out-standing contributions, talents and gifts we as individuals have in my culture, we undersiand that we are expected to use these for the WelEBeimg of the Peopks as a matter of fact in implementing our notmal responsibilities" (gkisedtanamoogk, personal communicat ion, April 1M). 2~hroughoutîhïs thesis 1 capitalize the '1' and 'P' and use the plural fàm 'peopks* to dmote nationhoad and sovereignty of peoples- The same holds ÉNe fœ Abaiginal Peopks and Wabanaki kaples- Iuse Indigenous Peoples and Aboriginal Peuples interchangeably, and use Wabanaki Peaples when I refer to Indigenous Pemptes belonging to the Confederacy of Wabanaki Nations- 31nfomation taken fran the Wq 'qtotimoill~~@'Oetjgoupe~geuug(Wabsnaki Nations, Cuitural ksource Centre) information pamphlet, n.d. 2 relationship with Mother earth. The first creation was a femde entity, woman is the longhouse (gkisedtanamoo& 1996b). In keeping with this principle, Miigarn'agan and gkisedtanamoogk situated their family in her community, Esgenoopetitj, where they also birthed and are now raising their three children. On February 2, 1996 while attempting to return home to his family after visiting kin and fnends in the 'United States', gkisedtanamoogk was stopped at the border (Centreville and Woodstock) and denied passage home by Canadian Immigration officials. Pursuant to the Immiçration Act, gkisedtanamoogk was denied entry into 'Canada'