DOCSLIB.ORG

Delgamuukw and the People Without Culture : Anthropology and the Crown

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Delgamuukw and the People Without Culture : Anthropology and the Crown DELGAMUUKWAND THE PEOPLE WITHOUT CULTURE: Anthropology and the Crown by Dara Culhane B.A. (Hons), Simon Fraser University, 1985 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in the Department of Sociology and Anthropology O Dara Culhane 1994 SIMON FRASER UNIVERSITY July 1994 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author APPROVAL NAME : Dara Culhane DEGREE : Doctor of Philosophy TITLE OF THESIS: DEU;AEIUUKW AND THE PEOPLE WITHOUT CULTURE: Anthropology and the Crown EXAMINING COMMITTEE: CHAIR : Dr. Gary Teep: I Dr. Noel l~~ck Senior Supervisor Professor of Anthropology - vr. Michael Kenny , , Associate Professor of ~nthrowogy -. Dr. Arlene McLaren Associate Professr -f Sociology ,pd<yah Angw - Internal External Examiner Associate Pmfessom Sociology - Dr. Robert Paine External Examiner Henrietta Harvey Professor of Anthropology Memorial University of Newfoundland fDat Ap ro ed I hereby grant to Simon Fraser University the right to lend my thesis, project or extended essay (the title of which is shown below) to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may he granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Title of Thesis1ProjectlExtended Essay DELGAMUUKW AND THE PEOPLE WITHOUT CULTURE: Anthropoloqy and the Crvwn Author: + - (Signature) Dara Cul hane (Name) June 30, 1994 (Date) ABSTRACT This thesis examines the response of the British Columbia and Canadian judiciary to Aboriginal efforts to obtain legal recognition of Aboriginal title and rights, and the role played by anthropology and anthropologists in this historical process. Specifically, the thesis provides a detailed case study of the longest and costliest Aboriginal title litigation in Canadian history: the Gitksan and Wet'suwet'en case, also known as Delgamuukw et a1 v. R.. This case is analyzed within the historical and political context of the relationship between Aboriginal and non-Aboriginal peoples in Canada. Drawing on current theoretical work in the fields of anthropology and law, and cultural critique, the thesis argues that law and legal discourse are embedded in historical and contemporary relations of power and resistance, and shaped by the cultural and political context in which they are practiced. Law is analyzed as a form c: socio-cultural reflection, and the courtroom as a site of political struggle. A cr~tical analysis of the use of the theories and data of social science to legitimate various ideologies and strategies in the legal forum provides an original contribution to the theoretical and substantive study of Aboriginal and non-Aboriginal relations in Canadian society, and to theoretical development within the discipline of anthropology. Anthropologists have served as researchers and as expert witnesses on behalf of both the Crown and Aboriginal litigants. This thesis focuses on theoretical analyses and substantive evidence presented on behalf of the governments of Canada and British Columbia to support the Crown's claims and counter-claims to land title and sovereignty as against Aboriginal peoples. That is to say, this thesis locates itself within the field of anthropological analyses of "western" cultures, rather than the traditional anthropological focus on the representation of Aboriginal cultures. The methodology adopted is based in a critical hermeneutic, or dialectical, reading of the texts of anthropologists' opinion reports submitted to courts, transcripts of trials, and reasons for judgment. The thesis argues that an examination of the theory and practice of Canadian law in relation to Aboriginal peoples and Aboriginal land title from a critical anthropological perspectiveilluminates the inter-relationship between culture, power, history, and law. In conclusion it is argued that anthropologists may make a valuable contribution to disciplinary and public debates on Aboriginal issues by turning our attention to an analysis of Canadian society's relationship to Aboriginal peoples. This thesis is dedicated to my mother, Claire Culhane, who taught me which side of the fence to stand on. ACKNOWLEDGEMENTS I would like to express my sincere appreciation for the support provided by my supervisory committee, particularly my senior supervisor, Dr. Noel Dyck, in the preparation of this thesis. The Office of the Gitksan and Wet'suwet'en Hereditary Chiefs granted me access to transcripts and other trial documents pertaining to Delgamuukw v. R., for which I am grateful. Many relatives and friends contributed substantial time, energy and patience to this endeavour. In particular, I would like to acknowledge the assistance of Fran Gillis, Renee Taylor, Dan Gillis and Miki Maeba, material and otherwise. Special thanks are due my daughter, Lori Speck; my son, Carey Speck; and'my mother, Claire Culhane for their unfailing patience, faith and affection. TABLE OF CONTENTS Page ii APPROVAL .. ABSTRACT 111 DEDICATION v ACKNOWLEDGEMENTS vi CHAPTER I: INTRODUCTION 1.0 SETTING OUT THE ISSUES 1.1 LOCATING MY "SELF" IN MY WORK CHAPTER 2: THROUGH THE LOOKING GLASS DARKLY: CROWN TITLE IN HISTORY AND LAW 79 2.0 IN THE BEGINNING 79 2.1 ABORIGINAL ABORIGINAL TITLE 86 2.2 THE WHITE MAN'S LAW 9 1 2.3 TIME IMMEMORIAL 9 3 2.4 RULE BRITANNIA 97 2.5 BRITANNIA RULES THE WAVES 100 2.6 BRITANNIA WAVES THE RULES 103 2.7 THE INDIAN MAGNA CARTA 108 2.8 ENOUGH AND AS GOOD 111 CHAPTER 3: BRITISH LAW FOLLOWS ITS SUBJECTS 3.0 THE COLONIAL PERIOD IN BRITISH COLUMBIA 3.1 A NATION IS BORN 3.2 OUTLAWING CULTURE 3.3 SURVIVAL CHAPTER 4: JUSTICE ON TRIAL 4.0 TWO RIFLE SHOTS 4.1 CALDER 4.2 BAKER LAKE 4.3 GUERIN 4.4 BEAR ISLAND 4.5 SPARROW CHAPTER 5: THE TRIAL 5.0 INTRODUCTION 185 5.1 ORAL TRADITION 5.2 ANTHROPOLOGISTS AND ANGELS 5.3 WHAT IS HISTORY? CHAPTER 6: AND HERE'S TO YOU DR. ROBINSON 6.0 JUDGING EXPERTISE 6.2 THE JOB BEGINS vii 6.3 DOING WHAT CAN'T BE DONE 6.4 NO REASON TO TRAVEL 6.5 MOUNTAINS AND THINGS 6.6 VISIONS AND SUPERCHIEFS 6.7 THE MAGIC OF COMMODITY FETISHISM 6.8 1 OWN, THEREFORE I AM CHAPTER 7: AFTER THE JUDGMENT 7.0 TESTING, TESTING ... 1,2, 3,4, 5! 7.1 THE CROWN CHANGES HEADS 7.2 POLITICAL NEGOTIATIONS CHAPTER 8: CONCLUSION APPENDIX 1 BIBLIOGRAPHY CHAPTER 1: INTRODUCTION 1.0 SETTING OUT THE ISSUES It is the law that ab al rights exist at the "pleasure of the Crown," and they may be extinguished wheneveithe intention of the Crown to do so is clear and plain ...The plaintiffs' claims for aboriginal rights are accordingly dismissed. (Reasons for Judgment, Delgamuukw v. R., 1991. p.ix) Thus spake Chief Justice Allen McEachern of the British Columbia Supreme Court rendering his long awaited judgment in "the Gitksan and Wet'suwet'en case." The case had been four years at trial, beginning in Smithers, British Columbia on May 11, 1987, and concluding in Vancouver on March 8, 1991. This thesis is an inquiry into the response of the Canadian judiciary to challenges put forward by indigenous peoples for legal recognition of Aboriginal title, the part played by anthropology and anthropologists in this process to date, and what roles anthropologists might play in this forum in the future. Specifically, it sets out a detailed examination of the longest and costliest land title litigation in Canadian history: "the Gitksan and Wet'suwet'en case," also commonly referred to as "the Delgamuukw case," or "Delgamuukw v. R." The trial of Delgamuukw, also known as Ken Muldoe, suing on his own behalf and on behalf of all the members of the House of Delgamuukw, and others v. Her Maiesty the Queen in Right of the Province of British Columbia and the Attornev-General of Canada was a conflict over 22,000 square miles of what we now call British Columbia: its land, its resources, and the way of life of its people. Thirty-five Gitksan and 13 Wet'suwet'en hereditary Chiefs, the "Plaintiffs," brought a petition to the Supreme Court of British Columbia seeking a declaration that, ...from time immemorial they and their ancestors have occupied and possessed approximately 22,000 square miles in north-west British Columbia ("the territory"), and that they or the Indian people they represent are entitled, as against the province of British Columbia, to a legal judgment declaring: (a) that they own the territory; (b) that they are entitled to govern the territory by Aboriginal laws which are paramount to the laws of British Columbia; (c) alternatively, that they have unspecified Aboriginal rights to use the territory; (d) damages for the loss of all lands and resources transferred to third parties or for resources removed from the territory since the establishment of the colony; and (e) costs (Reasons, 1991:vii). The main evidence in support of the Gitksan and Wet'suwet'en claim was presented by Chiefs and Elders through telling their two particular kinds of oral history: the Gitksan adaawk and the Wet'suwet'en kungax. These oral histories document ownership of lands and resources and include sacred reminiscences about ancestors, histories, trails and territories. Their performance includes narratives, songs and dances. The evidence of the Chiefs and Elders was supported by expert witnesses in the following fields: cartography, palaeobotany, geomorphology, forest ecology, fishery biology, ethnoarchaeology, linguistics, historical geography, anthropology and history.
Load more

Recommended publications
  • Sources on Anthropology and Law
    Sources on Anthropology and Law Christopher Fennell Interdisciplinary studies in Anthropology and Law (also called “Legal Anthropology”) include the following general subject areas (among others): human rights; the clash of non-western and western cultural beliefs and related legal structures; legal pluralism in multicultural settings; rights of minorities and religious groups; criticisms of racial concepts; rights of indigenous peoples, including land claims and intellectual property rights in their cultural beliefs and knowledge; non-western and alternative methods of dispute or conflict resolution; and analysis of the cultural dynamics at play within western legal systems. Set forth below is a non-exhaustive list of books, articles, and other resources that address a number of these issues. Part I lists books and articles. Part II lists journals that publish primarily on related topics. Part III lists some internet resources, including associations, online journal archives, law and anthropology resources, and legal studies information. Please note: Sources presenting interdisciplinary studies concerning Social Norms and Law are listed in a separate bibliography. Also available online are the syllabus and a list of potential paper topics for this Anthropology and Law seminar. Other available resource lists include: Sources on Racism, Law, and Social Sciences; Sources on Social Norms and Law; and Sources on Analysis of Social Group Identities. I. Books and Articles Abel, Richard L. 1974. A Comparative Theory of Dispute Institutions in Society. 8(2) Law and Society Review 218-347. Adam, Erin M. 2017. Intersectional Coalitions: The Paradoxes of Rights-based Movement Building in LGBTQ and Immigrant Communities. 51 Law & Soc’y Rev. 132-167.
    [Show full text]
  • A History of Legal Anthropology and the Next Generation of Research at the Intersection of Language, Ideology, and Power
    John Curran (B.A. candidate) for Professor Joel C. Kuipers STATES OF THE ART: A History of Legal Anthropology and the Next Generation of Research at the Intersection of Language, Ideology, and Power INTRODUCTION 1. Purposes and Scope of the Paper The anthropology of law is perhaps as old as anthropology itself, tracing its origins back to Malinowski’s fieldwork in the Trobriands and, earlier, the evolutionary speculation of Sir Henry Maine. For much of its existence, legal anthropology has remained a subject without a stable center, attracting an “enormous diversity in the range of issues investigated, the theoretical orientations advocated, [and] the research methods used.”1 In this essay, I review the overall development of the anthropology of law, its leading works, and prevailing theoretical orientations through different eras. I also examine the various dominant approaches in legal anthropology today, and attempt to explain their recent convergence on an interest in the role of language in legal contexts. I will conclude by suggesting an important and promising direction for the next generation of research in legal anthropology. IN THE BEGINNING In the latter half of the nineteenth century, as public interest in human evolution was beginning to take hold, a diverse assortment of professional academics and amateur 1 Danet (1990:538), “Language and the Law: An Overview of 15 Years of Research,” in Handbook of Language and Social Psychology, Giles & Robinson, eds., (London: Wiley); See also Twining 1964:34-35, (“…the enormous diversity of purpose, method[,] and emphasis of different writers.”) See also Moore (1970:270) cited in Comaroff & Roberts (1981) at 3.
    [Show full text]
  • Francophone Historical Context Framework PDF
    Francophone Historic Places Historical Context Thematic Framework Canot du nord on the Fraser River. (www.dchp.ca); Fort Victoria c.1860. (City of Victoria); Fort St. James National Historic Site. (pc.gc.ca); Troupe de danse traditionnelle Les Cornouillers. (www. ffcb.ca) September 2019 Francophone Historic Places Historical Context Thematic Framework Francophone Historic Places Historical Context Thematic Framework Table of Contents Historical Context Thematic Framework . 3 Theme 1: Early Francophone Presence in British Columbia 7 Theme 2: Francophone Communities in B.C. 14 Theme 3: Contributing to B.C.’s Economy . 21 Theme 4: Francophones and Governance in B.C. 29 Theme 5: Francophone History, Language and Community 36 Theme 6: Embracing Francophone Culture . 43 In Closing . 49 Sources . 50 2 Francophone Historic Places Historical Context Thematic Framework - cb.com) - Simon Fraser et ses Voya ses et Fraser Simon (tourisme geurs. Historical contexts: Francophone Historic Places • Identify and explain the major themes, factors and processes Historical Context Thematic Framework that have influenced the history of an area, community or Introduction culture British Columbia is home to the fourth largest Francophone community • Provide a framework to in Canada, with approximately 70,000 Francophones with French as investigate and identify historic their first language. This includes places of origin such as France, places Québec, many African countries, Belgium, Switzerland, and many others, along with 300,000 Francophiles for whom French is not their 1 first language. The Francophone community of B.C. is culturally diverse and is more or less evenly spread across the province. Both Francophone and French immersion school programs are extremely popular, yet another indicator of the vitality of the language and culture on the Canadian 2 West Coast.
    [Show full text]
  • Maurice Godelier and the Study of Ideology
    MAURICE GODELIER AND THE STUDY OF' IDEOLOGY In recent years we have seen a gradual coming together of two trends in social anthropology which were earlier often thought of as opposite poles, namely the structuralist and the marxist.marxist 0 1'hisThis development has been most marked within French anthropology. Where\vhere Levi-Strauss in 1962 was conte~tconte:p.t to leave to other disciplines the study of inffastructures proper (1966: 131) he now admits a determining role (though not the spie determining role) to the relationship between man and his techno-economic environment (1974). And, where marxist·anthropologistamarxist anthropologists never thought of questioning the axiom that it is the economic infrastructure which 'in the last analysis' determines the form and evolution of social formations, and frustrated the rest of us by always beginning with that 'last analysis' and never getting around to any of the previous ones, today ideology appeq,rsappe~rs among the mostmost.frequent frequent topics for marxist analysis. Among those, explicitly concerned with the combination of structuralist and marxist approaches is. MauriceMa.urice Godelier.InGodelier •.. In this paper I wish to take up some points relating to Godelier's work on religion, ideology and the like. Religion We·We may well take as a point of departure a brief paper by Godelier entitled 'Toward a Marxist Anthropology of Religion', in which he gives 'an example of how Marxist anthropologists can .. proceed to analyze religion in the pre-capitalist societies which are their
    [Show full text]
  • Gifts and Commodities (Second Edition)
    GIFTS AND COMMODITIES Hau BOOKS Executive Editor Giovanni da Col Managing Editor Sean M. Dowdy Editorial Board Anne-Christine Taylor Carlos Fausto Danilyn Rutherford Ilana Gershon Jason Throop Joel Robbins Jonathan Parry Michael Lempert Stephan Palmié www.haubooks.com GIFTS AND COMMODITIES (SECOND EditIon) C. A. Gregory Foreword by Marilyn Strathern New Preface by the Author Hau Books Chicago © 2015 by C. A. Gregory and Hau Books. First Edition © 1982 Academic Press, London. All rights reserved. Cover and layout design: Sheehan Moore Typesetting: Prepress Plus (www.prepressplus.in) ISBN: 978-0-9905050-1-3 LCCN: 2014953483 Hau Books Chicago Distribution Center 11030 S. Langley Chicago, IL 60628 www.haubooks.com Hau Books is marketed and distributed by The University of Chicago Press. www.press.uchicago.edu Printed in the United States of America on acid-free paper. For Judy, Polly, and Melanie. Contents Foreword by Marilyn Strathern xi Preface to the first edition xv Preface to the second edition xix Acknowledgments liii Introduction lv PART ONE: CONCEPTS I. THE COmpETING THEOriES 3 Political economy 3 The theory of commodities 3 The theory of gifts 9 Economics 19 The theory of modern goods 19 The theory of traditional goods 22 II. A framEWORK OF ANALYSIS 25 The general relation of production to consumption, distribution, and exchange 26 Marx and Lévi-Strauss on reproduction 26 A simple illustrative example 30 The definition of particular economies 32 viii GIFTS AND COMMODITIES III.FTS GI AND COMMODITIES: CIRCULATION 39 The direct exchange of things 40 The social status of transactors 40 The social status of objects 41 The spatial aspect of exchange 44 The temporal dimension of exchange 46 Value and rank 46 The motivation of transactors 50 The circulation of things 55 Velocity of circulation 55 Roads of gift-debt 57 Production and destruction 59 The circulation of people 62 Work-commodities 62 Work-gifts 62 Women-gifts 63 Classificatory kinship terms and prices 68 Circulation and distribution 69 IV.
    [Show full text]
  • Introduction Laurent Dousset and Serge Tcherkézoff
    IntroductIon Laurent Dousset and Serge Tcherkézoff ‘From initiation rituals in Papua new Guinea to the twin towers’: this is how Maurice Godelier (2008b) summarizes the anthropological project and its remit, the scope of anthropology. Hegel’s declaration that ‘nothing that is human is foreign to me’ is both apt and applied in practice, simultaneously tracing the purpose of a scientific programme and the curves of a personal trajectory. More than a simple assertion that the human being is a social animal, Maurice Godelier’s work is guided by the precept that the human being has to actively produce society in order to live. It is a condition of existence. the intellectual path of a man who has taught several generations of anthropologists evinces both the broad ambitions of anthropology as a science of universal significance and a view of social reality as a tangible and, in principle, an intelligible set of facts. the practice of the social sciences reveals a constant dialectic between ethnography and theory, the particular and the general, the local and the global, the diversity of facts and their unification in anthropological analysis.t he relentless intellectual movement between the acknowledgement of the particularistic nature of the local and the general scientific project it advances is a constant feature of Maurice Godelier’s corpus. Such a project is feasible only if knowledge is progressively accumulated, if the theoretical apparatus is part of a developing paradigmatic choice, if schools of thought and their epistemological frameworks are non-dogmatic. Students of Maurice Godelier have heard him say, on many occasions, that one needs to be capable of using the ideas and concepts that generate understanding, irrespective of any loyalty towards a particular intellectual guide.
    [Show full text]
  • Fisheries and Oceans Canada Library
    SH 571 National Recreatiqnal. N277 Fisheries Conference : 1990 proceedings 1989 : toward sustainable recreational fisheries. I • i NATIONAL RECREATIONAL FISHERIES CONFERENCE PROCEEDINGS 1989 - TOWARD SUSTAINABLE RECREATIONAL FISHERIES Department of Fisheries and Oceans Recreational Fisheries Division Ottawa, Ontario Think Recycling! Printed on recycled paper Pensez a recycler! Published by: Communications Directorate Department of Fisheries and Oceans Ottawa, Ontario KlA OE6 DF0/4400 ©Minister of Supply and Services Canada 1990 Cat. No. Fs 23-170/1989E ISBN 0-662-17979-X Egalement disponible en fran9ais sous le titre <<Conference nationale sur la peche recreative - Compte rendu 1989>> Printed by: National Printers (Ottawa) Inc. -- -···---------------- PROCEEDINGS OF THE NATIONAL RECREATIONAL FISHERIES CONFERENCE 1989 TABLE OF CONTENTS Preface ( i ) 1. Opening Remarks 1 0 J.W. (Bud) Bird, M.P. Conference Chairperson 2. Minister's Speech 7 0 Innovative Approaches through New Partnerships Honourable Tom Siddon, P.C., M.P. Minister of Fisheries and Oceans 3. Conference Papers 0 A Public Policy Primer for Recreational Fisheries 13 David R. Clark, 'Q.C. Atlantic Salmon Federation 0 Attitudes of the Past and Visions for the Future 23 Robert H. Wright Oak Bay Marine Group ° Forging New Partnerships: Changing Roles 33 David A. Good, Ph.D. Department of Fisheries and Oceans 0 Private Corportation Promotion of Recreational 41 Fisheries Conservation David Fay Christopher Lang and Associates 0 Scientific Data Base for Recreational Fisheries 45 John M. Anderson, Ph.D Atlantic Salmon Federation ° Fisheries and Habitat Improvement 53 Walt Crawford Trout Unlimited (Ontario) ° Co-Management of Atlantic Salmon 57 Conrad Hiscock and David Tizzard Salmon Preservation Association for the waters of Newfoundland (SPAWN) TABLE OF CONTENTS (Cont'd) 0 The ZEC Concept in Quebec 65 Gabriel Pelletier Federation of ZEC Managers 0 Public Awareness of Recreational Fisheries 75 Wayne Phillips Freelance Outdoor Writer 4.
    [Show full text]
  • Biocultural Diversity and Indigenous Ways of Knowing: Human Ecology in the Arctic
    University of Calgary PRISM: University of Calgary's Digital Repository Science Science Research & Publications 2009 Biocultural Diversity and Indigenous Ways of Knowing: Human Ecology in the Arctic Kassam, Karim-Aly University of Calgary Press Kassam, Karim-Aly. 2009. Biocultural Diversity and Indigenous Ways of Knowing: Human Ecology in the Arctic. Calgary: University of Calgary Press. http://hdl.handle.net/1880/47782 book Downloaded from PRISM: https://prism.ucalgary.ca University of Calgary Press www.uofcpress.com BIOCULTURAL DIVERSITY AND INDIGENOUS WAYS OF KNOWING: KARIM-ALY S. KASSAM HUMAN ECOLOGY IN THE ARCTIC by Karim-Aly S. Kassam ISBN 978-1-55238-566-1 THIS BOOK IS AN OPEN ACCESS E-BOOK. It is an electronic version of a book that can be purchased in physical form through any bookseller or on-line retailer, or from our distributors. Please support this open access publication by requesting that your university purchase a print copy of this book, or by purchasing a copy yourself. If you have any questions, please contact us at BIOCULTURAL DIVERSITY AND INDIGENOUS [email protected] WAYS OF KNOWING HUMAN ECOLOGY IN THE ARCTIC Cover Art: The artwork on the cover of this book is not open access and falls under traditional copyright provisions; it cannot be reproduced in any way without written permission of the artists and their agents. The cover can be displayed as a complete cover image for the purposes of publicizing this work, but the artwork cannot be extracted from the context of the cover of this specific work without breaching the artist’s copyright.
    [Show full text]
  • Beyond Quotas Private Property Solutions to Overfishing
    Beyond Quotas Private Property Solutions to Overfishing ELIZABETH BRUBAKER In March 1996, Glen Clark, the premier of British Columbia, pre- dicted that the Fraser River commercial sockeye fishery would be shut down for the year. “It’s pretty clear from the numbers,” he explained, “that it won’t sustain a commercial fishery” (Cernetig 1996a). The warning followed two nearly disastrous years in Brit- ish Columbia’s salmon fishery. In 1994, several million Fraser Riv- er salmon failed to appear at their spawning grounds. The board reviewing their disappearance concluded that fishermen had come within 12 hours of wiping out the province’s most impor- tant sockeye run. “The resource is now, more than ever before, critically endangered,” it warned. “If something like the 1994 sit- uation happens again, the door to disaster will be wide open” (Fraser River Sockeye Public Review Board [FRSPRB] 1995: xii, 12). Academics agreed that a crisis loomed. Biologist Carl Walters cautioned that, in the absence of profound restructuring, the Pa- cific salmon fishery would likely go the way of the Atlantic cod fishery (Walters 1995: 4). The following season again saw salmon shortages. In August 1995, with the returning salmon numbering two-thirds less than pre-season estimates, federal Fisheries Minister Brian Tobin closed the Fraser River sockeye fishery with a grim comment: “As it stands now, we don’t have a fishery. Period. And unless the 151 Fish or Cut Bait! numbers change, we won’t have a fishery in the future” (Damsell 1995). In a news release on November 8, 1995, British Columbia’s fisheries minister, David Zirnhelt, described the year’s salmon returns as “the worst in memory,” noting that harvest volumes had declined 42 percent from recent averages (Valhalla 1996).
    [Show full text]
  • PROVINCIAL MUSEUM of NATURAL HISTORY and ANTHROPOLOGY
    PROVINCE OF BRITISH COLUMBIA DEPARTMENT OF EDUCATION PROVINCIAL MUSEUM of NATURAL HISTORY and ANTHROPOLOGY REPORT FOR THE YEAR 1958 Printed by DON MCDIARMID, Printer to the Queen's Most Excellent Majesty in right of the Province of British Columbia. 1959 To His Honour FRANK MACKENZIE ROSS, C.M.G., M.C., LL.D., Lieutenant-Governor of the Province of British Columbia. MAY IT PLEASE YOUR HONOUR: The undersigned respectfully submits herewith the Annual Report of the Provincial Museum of Natural History and Anthropology for the year 1958. L. R. PETERSON, Minister of Education. Office of the Minister of Education, January, 1959. PROVINCIAL MUSEUM OF NATURAL HISTORY AND ANTHROPOLOGY, VICTORIA, B.C., January 19th, 1959. The Honourable L. R. Peterson, Minister of Education, Victoria, B.C. SIR,—The undersigned respectfully submits herewith a report covering the activities of the Provincial Museum of Natural History and Anthropology for the calendar year 1958. I have the honour to be, Sir, Your obedient servant, G. CLIFFORD CARL, Director. DEPARTMENT OF EDUCATION The Honourable LESLIE RAYMOND PETERSON, LL.B., Minister. J. F. K. ENGLISH, M.A., Ed.D., Deputy Minister and Superintendent. PROVINCIAL MUSEUM OF NATURAL HISTORY AND ANTHROPOLOGY Staff G. CLIFFORD CARL, Ph.D., Director. CHARLES J. GUIGUET, M.A., Curator of Birds and Mammals. WILSON DUFF, M.A., Curator of Anthropology. ADAM F. SZCZAWINSKI, Ph.D., Curator of Botany. J. E. MICHAEL KEW, B.A., Assistant in Anthropology. FRANK L. BEEBE, Illustrator and Museum Technician. MARGARET CRUMMY, B.A., Senior Stenographer. BETTY C. NEWTON, Museum Technician. SHEILA Y. NEWNHAM, Assistant in Museum Technique.
    [Show full text]
  • MAKING HISTORY VISIBLE Culture and Politics in the Presentation of Musqueam History
    MAKING HISTORY VISIBLE Culture and Politics in the Presentation of Musqueam History Susan Roy B.A., University of British Columbia. 1993 THESIS SUBMITTED IN PARTIAL FULFIL,LMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS In the Department of History O Susan Roy I999 SIMON F;RASER UNIVERSlTY November 1999 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. National Library Bibliith&que nationale 1*1 of Canada du Canada Acquisitions and Acquisitions et Bibliographic Services services bibliographiques The author has granted a non- L'auteur a accorde une licence non exclusive licence allowing the exclusive permettant a la National Library of Canada to Bibliotheque nationale du Canada de reproduce, loan, distribute or sell reproduire, prster, distribuer ou copies of this thesis in microform, vendre des copies de cette these sous paper or electronic formats. la fome de microfiche/film, de reproduction sur papier ou sur format electronique. The author retains ownership of the L'auteur conserve la propriete du copyright in this thesis. Neither the droit d'auteur qui protege cette these. thesis .nor substantial extracts fiom it Ni la these ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent itre imprimes reproduced without the author's ou autrement reproduits sans son permission. autorisation. ABSTRACT The ongoing struggle for aboriginal rights in British Columbia has been matched by an ongoing attempt on the part of scholars to analyze it. The focus of many of these studies has been the court room, that is, the legaI battles to define aboriginal title and sovereignty.
    [Show full text]
  • The Implications of the Delgamuukw Decision on the Douglas Treaties"
    James Douglas meet Delgamuukw "The implications of the Delgamuukw decision on the Douglas Treaties" The latest decision of the Supreme Court of Canada in Delgamuukw vs. The Queen, [1997] 3 S.C.R. 1010, has shed new light on aboriginal title and its relationship to treaties. The issue of aboriginal title has been of particular importance in British Columbia. The question of who owns British Columbia has been the topic of dispute since the arrival and settlement by Europeans. Unlike other parts of Canada, few treaties have been negotiated with the majority of First Nations. With the exception of treaty 8 in the extreme northeast corner of the province, the only other treaties are the 14 entered into by James Douglas, dealing with small tracts of land on Vancouver Island. Following these treaties, the Province of British Columbia developed a policy that in effect did not recognize aboriginal title or alternatively assumed that it had been extinguished, resulting in no further treaties being negotiated1. This continued to be the policy until 1990 when British Columbia agreed to enter into the treaty negotiation process, and the B.C. Treaty Commission was developed. The Nisga Treaty is the first treaty to be negotiated since the Douglas Treaties. This paper intends to explore the Douglas Treaties and the implications of the Delgamuukw decision on these. What assistance does Delgamuukw provide in determining what lands are subject to aboriginal title? What aboriginal title lands did the Douglas people give up in the treaty process? What, if any, aboriginal title land has survived the treaty process? 1 Joseph Trutch, Chief Commissioner of Lands and Works and Walter Moberly, Assistant Surveyor- General, initiated this policy.
    [Show full text]