Once the Land Is for Certain: the Selkirk First Nation Approach To

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Once the Land Is for Certain: the Selkirk First Nation Approach To ONCE THE LAND IS FOR CERTAIN: THE SELKIRK FIRST NATION APPROACH TO LAND MANAGEMENT, 1997-2007 A Thesis Submitted to the College of Graduate Studies and Research In Partial Fulfillment of the Requirements For the Degree of Master of Arts In the Department of Native Studies University of Saskatchewan Saskatoon By ANNE MARIE MEASE Copyright Anne Marie Mease, December 2008. All rights reserved. Permission to Use In presenting this thesis in partial fulfilment 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 in any manner, in whole or in part, for scholarly purposes may be granted by the professor or professors who supervised my thesis 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 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. Requests for permission to copy or to make other use of material in this thesis in whole or part should be addressed to: Head of the Department of Native Studies University of Saskatchewan Saskatoon, Saskatchewan S7N 5C8 i ABSTRACT In July 1997 Selkirk First Nation Citizens or Selkirk First Nation Peoples in the community of Pelly Crossing, Yukon signed the Selkirk First Nation Final Land Claims Agreement (Modern Day Treaty) and the Selkirk First Nation Self-Government Agreement with the Government of Yukon and the Government of Canada. Prior to 1997 they were under the auspices of the Department of Indian and Northern Affairs (DIAND) and did not have the autonomy to create policy and law for land management. Rather, they were required to adhere to regulations that were mandated by the Yukon Wildlife Act and other institutions created by the Yukon or Federal Governments. The methodology employed in this study was aimed at providing an accurate assessment of change while at the same time ensuring that Selkirk First Nation perspectives remained uppermost. To achieve this, community and personal insights were gained through interviews, family group discussions and the observation of community activities. To ensure that these perspectives were positioned in an accurate historical and political context an examination of public, private, and government records were also undertaken. This research has provided the platform upon which I formed my conceptualizations that Selkirk First Nation Peoples are benefiting both culturally and traditionally. The significance of this research will provide alternatives for other First Nations who pursue land claims and who are building their hunting and fishing laws or Wildlife Acts upon cultural values and traditional pursuits that are distinct from those mandated federally, provincially, or territorially. It is also anticipated that First Nations who are in the process of negotiating Comprehensive Land Claims Agreements acknowledge that certainty regarding Aboriginal rights and title go above and beyond what is defined by the dominant Governments and the Courts. ii ACKNOWLEDGMENTS The writing of this paper would not have been possible without the support and encouragement of my professors in the Departments of Anthropology (Satya Sharma) and Native Studies (Gail McKay and Brenda MacDougall) at the University of Saskatchewan. To my thesis committee - Dr. Roger Maaka, Head and thesis Supervisor, who believed in my vision and managed to put my program together at eleventh hour. To Dr. Alexander Ervin (Department of Anthropology), who always believed and encouraged me, even at times when it may not have been deserved. To Dr. Ron Laliberte (Mr. Theory – Native Studies), and Dr. Greg Poelzer (Political Studies – U of Arctic). My defense would not have been possible without my External Advisor, Dr. David Natcher – University of Saskatchewan - Mussi Cho. I would like to acknowledge those who supported me financially; The Department of Native Studies, The Messer Fund Travel Grant – Department of History at the University of Saskatchewan and the Northern Scientific Training Program – University of Saskatchewan. In this, I also thank everyone in Grad Studies and Research Services at the U of S. To everyone in Pelly Crossing: my Uncle Johnson (Auntie Victoria - passed away 2008), Uncle Danny (passed away August 2007), and Roger & Mary Alfred who opened their home and their hearts - Mussi Cho. A special thank-you to Brenda Sam, it would not have been possible without your love, support, and home. To my siblings: Linda, Jayne, George, Delores, Debbie, Howard, and Joseph. Most importantly, I want to acknowledge my children and grandchildren: Jason Mease, Tianna and Kyra (Astria, Braydan, and Gabriel), Dana Bottle (Matt Siwak), Brayden, and Madysen, Darren (Man) Bottle, and Danielle Bottle (Robert Wiseman) and Kingston…My dream could only be fulfilled with your utmost encouragement, love, and support. To Byron – thank you… To my friend’s near and far – they say friends are angels with wings and how true that is; I hope the journey never ends. To Lee – who inspires and lastly to Tim (Horton), Earl (Grey), and Jack (Daniels) – Cheers! iii Dedication This thesis is dedicated to my grandchildren (Brayden, Kingston, and Madysen) born during the course of this study. More specifically (without picking favorites!), my grandson Brayden (Sweeter Man), who was born just as my thesis proposal was in the final stages. He will be 5 and as he (and my thesis) grew, we had a special bond but he ‘demanded’ a lot of my time. As I wrote and locked myself into my office for days and months on end – he would knock on my door calling ‘Gramma’ and I found no matter how busy or stressed I was…I always had time for a ‘Brayden moment.’ You made it all worthwhile – Happy Birthday! Sweeter Man. This thesis is also dedicated to my Uncle Danny who passed away on August 3, 2007. He was so proud of me. iv TABLE OF CONTENTS page ABSTRACT........................................................................................................................ii ACKNOWLEDGMENTS ................................................................................................. iii LIST OF FIGURES .......................................................................................................... vii LIST OF ABBREVIATIONS.......................................................................................... viii ONCE THE LAND IS FOR CERTAIN: INTRODUCTION..............................................1 A Personal Introduction .............................................................................................................. 1 Introduction................................................................................................................................. 3 The Path of Uncertainty ........................................................................................... 5 The Agreement......................................................................................................... 9 The Study Area ................................................................................................11 The Citizens of Selkirk First Nation ................................................................13 METHODOLOGY ............................................................................................................19 Introduction............................................................................................................................... 19 Beginning the Journey .............................................................................................................. 21 Methodology .......................................................................................................... 23 Interviews............................................................................................................... 23 Focus Group Discussions....................................................................................... 25 Community Observation........................................................................................ 27 Government Documents ........................................................................................ 28 The Case Studies.................................................................................................... 29 Literature Review.............................................................................................32 Review of the Literature on Selkirk First Nation Peoples ...............................33 Cultural Values ................................................................................................34 Traditional Pursuits..........................................................................................37 Summary..........................................................................................................44 CASE STUDY: DDHAW GHRO ......................................................................................47 Introduction............................................................................................................................... 47 The Area...................................................................................................................................
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