DOCSLIB.ORG

The Answer, Not the Problem

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Answer, Not the Problem The Answer, Not the Problem An Examination of the Role of Aboriginal Rights in Securing a Liberal Foundation for the Legitimacy of the Canadian State by Karen Drake A thesis submitted in conformity with the requirements for the degree of Master of Laws Faculty of Law University of Toronto © Copyright by Karen Drake, 2013 The Answer, Not the Problem An Examination of the Role of Aboriginal Rights in Securing a Liberal Foundation for the Legitimacy of the Canadian State Karen Drake Master of Laws Faculty of Law University of Toronto 2013 Abstract Are Aboriginal rights defensible within the framework of liberalism? Liberalism’s commitment to individual equality seems to preclude Aboriginal rights insofar as these rights are exercisable by only a sub-set of the Canadian population and not by all Canadians equally. Instead of asking how Aboriginal rights can be justified within the liberal state, we need to question the legitimacy of the state’s assertion of sovereignty over Aboriginal peoples and territories. Of the four potentially applicable modes of acquiring sovereignty – discovery, conquest, cession and prescription – only treaties have the potential to provide a liberally-compelling basis for the legitimacy of Crown sovereignty. But historical treaties did not purport to transfer sovereignty. As such, Canadian sovereignty suffers from a normative lacuna. Aboriginal rights, as set out in mutually consensual treaties addressing the sharing of sovereignty, have the potential to fill this lacuna and thereby to ground the legitimacy of Crown sovereignty. ii Acknowledgments I wish to thank Professors Douglas Sanderson and Patrick Macklem, my supervisor and second reader respectively. When asked how my LLM studies were progressing, I would say that I felt like I’d won the lottery. My tremendously positive experience was due in large part to the thoughtful guidance and support of Professors Sanderson and Macklem. Although all of the ways in which they contributed to my progress are too numerous to list here, they will not be forgotten. I would also like to thank Professor Darlene Johnston. Although Professor Johnston was not involved in supervising this thesis, she was my instructor for a number of courses on Aboriginal legal issues that I took during my Juris Doctor program. Her teaching had a profound impact on my thinking regarding Aboriginal legal issues, probably in more ways than I realize. I am incredibly grateful to have been molded by Professor Johnston. Thanks go as well to Anna Flaminio, my SJD advisor. Anna went above and beyond her role as my advisor, not only by alerting me to rather germane resources, but also with her friendship and encouragement. I am grateful to those in attendance at the Reflective Law conference held at the University of British Columbia on May 6-7, 2013 and to those in attendance at the Toronto Group Conference on Social Movements and the Law, held at the University of Toronto on May 17, 2013. The questions and comments from audience members, as well as our discussions afterward, helped to advance my thinking on many issues addressed in this thesis. I gratefully acknowledge the financial support I received from the University of Toronto Faculty of Law in the form of a June Callwood Fellowship in Aboriginal Law. And thank you to my husband, Ryan Drake, for helping me get through my most angst-ridden moments. Words are insufficient to express my gratitude and love. iii Table of Contents Acknowledgments.................................................................................................................................iii! Table.of.Contents...................................................................................................................................iv! INTRODUCTION....................................................................................................................................1. CHAPTER.ONE:.LIBERALISM,.EQUALITY.AND.ABORIGINAL.RIGHTS. 1! Overview............................................................................................................................................8! 2! The.Problem......................................................................................................................................8! 3! A.Liberal.Solution..........................................................................................................................17! 4! An.Alternative.Liberal.Solution................................................................................................24! 5! Responses.to.Potential.Criticisms...........................................................................................28! 5.1! Why!Focus!on!the!Historical!Acquisition!of!Sovereignty?!...................................................................!28! 5.2! The!Act!of!State!Doctrine!....................................................................................................................................!36! 5.3! Realpolitik!.................................................................................................................................................................!41! 5.4! Colonization!of!Indigenous!Philosophies!....................................................................................................!43! 6! Summary..........................................................................................................................................45. CHAPTER.TWO:.OCCUPATION.AND.THE.DOCTRINE.OF.DISCOVERY. 1! Overview..........................................................................................................................................46! 2! Occupation.......................................................................................................................................48! 3! The.Doctrine.of.Discovery..........................................................................................................49! 3.1! Overview!of!the!Doctrine!of!Discovery!........................................................................................................!49! 3.2! The!Strong!Version!of!the!Doctrine!of!Discovery!....................................................................................!51! 3.3! The!Weak!Version!of!the!Doctrine!of!Discovery!......................................................................................!53! 3.4! The!Intermediate!Version!of!the!Doctrine!of!Discovery!.......................................................................!55! 3.5! The!Doctrine!of!Discovery!in!the!Canadian!Context!...............................................................................!57! 4! Normative.Analysis.of.the.Doctrine.of.Discovery...............................................................62! 4.1! Ethnocentrism!........................................................................................................................................................!62! iv 4.2! Lack!of!Compliance!with!Liberalism!.............................................................................................................!65! 5! Summary..........................................................................................................................................71. CHAPTER.THREE:.CONQUEST. 1! Overview..........................................................................................................................................73! 2! Definition.and.Requirements.of.Conquest............................................................................73! 2.1! Definition!of!Conquest!.........................................................................................................................................!73! 2.2! Requirements!of!Conquest!................................................................................................................................!75! 2.2.1! State!of!War!.....................................................................................................................................................!75! 2.2.2! Subjugation!of!the!Vanquished!State!....................................................................................................!78! 2.2.3! Manifest!an!Intention!to!extend!Sovereignty!....................................................................................!78! 3! Conquest.in.the.Canadian.Context...........................................................................................79! 3.1! Conquest!as!a!Mode!of!Acquiring!Sovereignty!..........................................................................................!79! 3.2! Conquest!as!a!Concomitant!to!the!Doctrine!of!Discovery!....................................................................!87! 4! Normative.Analysis.of.Conquest...............................................................................................88! 4.1! ‘Us!Too’!.......................................................................................................................................................................!89! 4.2! Might!is!Right!...........................................................................................................................................................!92! 5! Summary..........................................................................................................................................94. CHAPTER.FOUR:.CESSION. 1! Overview..........................................................................................................................................95!
Load more

Recommended publications
  • 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]
  • Aboriginal Title and Private Property John Borrows
    The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 71 (2015) Article 5 Aboriginal Title and Private Property John Borrows Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Borrows, John. "Aboriginal Title and Private Property." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 71. (2015). http://digitalcommons.osgoode.yorku.ca/sclr/vol71/iss1/5 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Aboriginal Title and Private Property John Borrows* Q: What did Indigenous Peoples call this land before Europeans arrived? A: “OURS.”1 I. INTRODUCTION In the ground-breaking case of Tsilhqot’in Nation v. British Columbia2 the Supreme Court of Canada recognized and affirmed Aboriginal title under section 35(1) of the Constitution Act, 1982.3 It held that the Tsilhqot’in Nation possess constitutionally protected rights to certain lands in central British Columbia.4 In drawing this conclusion the Tsilhqot’in secured a declaration of “ownership rights similar to those associated with fee simple, including: the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land”.5 These are wide-ranging rights.
    [Show full text]
  • KI LAW of INDIGENOUS PEOPLES KI Law Of
    KI LAW OF INDIGENOUS PEOPLES KI Law of indigenous peoples Class here works on the law of indigenous peoples in general For law of indigenous peoples in the Arctic and sub-Arctic, see KIA20.2-KIA8900.2 For law of ancient peoples or societies, see KL701-KL2215 For law of indigenous peoples of India (Indic peoples), see KNS350-KNS439 For law of indigenous peoples of Africa, see KQ2010-KQ9000 For law of Aboriginal Australians, see KU350-KU399 For law of indigenous peoples of New Zealand, see KUQ350- KUQ369 For law of indigenous peoples in the Americas, see KIA-KIX Bibliography 1 General bibliography 2.A-Z Guides to law collections. Indigenous law gateways (Portals). Web directories. By name, A-Z 2.I53 Indigenous Law Portal. Law Library of Congress 2.N38 NativeWeb: Indigenous Peoples' Law and Legal Issues 3 Encyclopedias. Law dictionaries For encyclopedias and law dictionaries relating to a particular indigenous group, see the group Official gazettes and other media for official information For departmental/administrative gazettes, see the issuing department or administrative unit of the appropriate jurisdiction 6.A-Z Inter-governmental congresses and conferences. By name, A- Z Including intergovernmental congresses and conferences between indigenous governments or those between indigenous governments and federal, provincial, or state governments 8 International intergovernmental organizations (IGOs) 10-12 Non-governmental organizations (NGOs) Inter-regional indigenous organizations Class here organizations identifying, defining, and representing the legal rights and interests of indigenous peoples 15 General. Collective Individual. By name 18 International Indian Treaty Council 20.A-Z Inter-regional councils. By name, A-Z Indigenous laws and treaties 24 Collections.
    [Show full text]
  • Who Is on Trial? Teme-Augama Anishnabai Land Rights and George Ironside, Junior: Re-Considering Oral Tradition
    RESEARCH NOTE WHO IS ON TRIAL? TEME-AUGAMA ANISHNABAI LAND RIGHTS AND GEORGE IRONSIDE, JUNIOR: RE-CONSIDERING ORAL TRADITION David T. McNab 14 Howland Road Toronto, Ontario Canada, M4K 2Z6 Abstract/Resume The Teme-Augama Anishnabai have maintained from their oral tradition for almost 150 years that they never signed or participated in the Robinson Huron Treaty of 1850. The Crown has always claimed they did sign, and has produced documents showing that annuities were paid for them. New evidence clearly suggests that the Teme-Augama Anishnabai did not sign or participate in the Treaty, and the annuities may have been pocketed by an Agent ofthe Crown. The author discusses the implications ofthis for the significance of First Nations' oral traditions and land rights in general. Sur la base de leur tradition orale, les Teme-Augama Anishnabai soutien­ nent depuis pres de 150 ans qu'ils n'ont jamais participe au Traite Huron Robinson de 1850 ni ne I'ont signe. La Couronne a toujours pretendu qu'ils I'ont signe et a presente des documents montrant que des indemnites compensatoires leur avaient ete verses. De nouvelles preuves suggerent clairement que les Teme-Augama Anishnabai n'ont ni participe au Traite ni ne I'ont signet et qu'un agent de la Couronne aurait empoche les indem­ nites. L'auteur discute des implications de cette situation en ce qui touche les traditions orales des premieres nations et les droits territoriaux en general. The Canadian Journal of Native Studies XVIII, 1(1998):117-133. 118 David T. McNab In the course of my research I recently found a significant document in the federal Department of Indian Affairs records, which are located in the National Archives ofCanada.
    [Show full text]
  • Treaties in Canada, Education Guide
    TREATIES IN CANADA EDUCATION GUIDE A project of Cover: Map showing treaties in Ontario, c. 1931 (courtesy of Archives of Ontario/I0022329/J.L. Morris Fonds/F 1060-1-0-51, Folder 1, Map 14, 13356 [63/5]). Chiefs of the Six Nations reading Wampum belts, 1871 (courtesy of Library and Archives Canada/Electric Studio/C-085137). “The words ‘as long as the sun shines, as long as the waters flow Message to teachers Activities and discussions related to Indigenous peoples’ Key Terms and Definitions downhill, and as long as the grass grows green’ can be found in many history in Canada may evoke an emotional response from treaties after the 1613 treaty. It set a relationship of equity and peace.” some students. The subject of treaties can bring out strong Aboriginal Title: the inherent right of Indigenous peoples — Oren Lyons, Faithkeeper of the Onondaga Nation’s Turtle Clan opinions and feelings, as it includes two worldviews. It is to land or territory; the Canadian legal system recognizes title as a collective right to the use of and jurisdiction over critical to acknowledge that Indigenous worldviews and a group’s ancestral lands Table of Contents Introduction: understandings of relationships have continually been marginalized. This does not make them less valid, and Assimilation: the process by which a person or persons Introduction: Treaties between Treaties between Canada and Indigenous peoples acquire the social and psychological characteristics of another Canada and Indigenous peoples 2 students need to understand why different peoples in Canada group; to cause a person or group to become part of a Beginning in the early 1600s, the British Crown (later the Government of Canada) entered into might have different outlooks and interpretations of treaties.
    [Show full text]
  • American Indian Law Journal
    American Indian Law Journal Volume III, Issue II • Spring 2015 “The Spirit of Justice” by Artist Terrance Guardipee Supported by the Center for Indian Law & Policy SPIRIT OF JUSTICE Terrence Guardipee and Catherine Black Horse donated this original work of art to the Center for Indian Law and Policy in November 2012 in appreciation for the work the Center engages in on behalf of Indian and Native peoples throughout the United States, including educating and training a new generation of lawyers to carry on the struggle for justice. The piece was created by Mr. Guardipee, who is from the Blackfeet Tribe in Montana and is known all over the country and internationally for his amazing ledger map collage paintings and other works of art. He was among the very first artists to revive the ledger art tradition and in the process has made it into his own map collage concept. These works of art incorporate traditional Blackfeet images into Mr. Guardipee’s contemporary form of ledger art. He attended the Institute of American Indian Arts in Sante Fe, New Mexico. His work has won top awards at the Santa Fe Market, the Heard Museum Indian Market, and the Autrey Museum Intertribal Market Place. He also has been featured a featured artists at the Smithsonian’s National Museum of the American Indian in Washington, D.C., along with the Museum of Natural History in Hanover, Germany, and the Hood Museum at Dartmouth College. American Indian Law Journal Editorial Board 2014-2015 Editor-in-Chief Jocelyn McCurtain Managing Editor Callie Tift Content Editor Executive Editor Jillian Held Nancy Mendez Articles Editors Writing Competition Chair Events Coordinator Jessica Buckelew Nick Major Leticia Hernandez Jonathan Litner 2L Staffers Paul Barrera - Jessica Barry J.
    [Show full text]
  • Some Jurisprudential and Pragmatic Considerations Regarding Territorial Acquisition Among Nation- States John C
    Boston College International and Comparative Law Review Volume 35 | Issue 1 Article 1 Winter 1-1-2012 Following a Sigmoid Progression: Some Jurisprudential and Pragmatic Considerations Regarding Territorial Acquisition Among Nation- States John C. Duncan Jr. Florida A&M University College of Law, [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the International Law Commons Recommended Citation John C. Duncan Jr., Following a Sigmoid Progression: Some Jurisprudential and Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, 35 B.C. Int'l & Comp. L. Rev. 1 (2012), http://lawdigitalcommons.bc.edu/iclr/vol35/iss1/1 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. FOLLOWING A SIGMOID PROGRESSION: SOME JURISPRUDENTIAL AND PRAGMATIC CONSIDERATIONS REGARDING TERRITORIAL ACQUISITION AMONG NATION-STATES John C. Duncan, Jr.* Abstract: This article analyzes methods and doctrines used by States to ac- quire territories. The role of the United Nations in resolving disputes be- tween nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical con- siderations of territorial acquisition. Finally, traditional territorial acquisi- tion doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs.
    [Show full text]
  • Right to Self-Defence in National and International Law: the Role of the Imminence Requirement
    "I KNOW NOT WITH WHAT WEAPONS WORLD WAR Im WILL BE FOUGHT, BUT WORLD WAR IV WILL BE FOUGHT WITH SUCKS AND STONES." EINSTEIN1 THE RIGHT TO SELF-DEFENCE IN NATIONAL AND INTERNATIONAL LAW: THE ROLE OF THE IMMINENCE REQUIREMENT Onder Bakircioglu* This article explores the doctrine of self-defence within the context of the challenges directed at the imminence requirement, from the perspective of both national and international law. The article will attempt to illustrate that the requirement of imminence underlines the political character of the self-defence doctrine wherein private force may only be resorted to in the absence of institutional protection. This study will argue that the imminence rule can not merely be regarded as a "proxy" for establishing necessity; rather, the elements of imminence, necessity, and proportionality are inextricably connected to ensure that defensive force is only resorted to when national or international authorities are not in a position to prevent an illegal aggression, and that the defensive lethal force is not abused. INTRODUCTION The September 11 attacks aroused controversy as to whether anticipatory or pre-emptive self-defence 2 is allowed under customary international law, and if so, under what circumstances. Following the devastating attacks on New York and Washington, the 2002 National Security Strategy (NSS) made it clear that the United States would act unilaterally to protect its security against "emerging threats before they are fully formed."3 This approach signified a radical departure from the collective security system by the sole existing super power. Indeed, while the right to national self-defence has been recognized as an inherent right of states since the very emergence of international law, * Onder Bakircioglu, Lecturer in Law, Queen's University Belfast.
    [Show full text]
  • Nuts and Bolts of a Foreclosure Action
    NUTS AND BOLTS OF A FORECLOSURE ACTION Sponsor: Young Lawyers Division CLE Credit: 1.0 Wednesday, June 17, 2015 2:25 p.m. - 3:25 p.m. Elkhorn A-D Lexington Convention Center Lexington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenter .................................................................................................................. i Nuts and Bolts of a Foreclosure Action ........................................................................... 1 Foreward ............................................................................................................
    [Show full text]
  • Judicial Review of Indian Treaty Abrogation: "As Long As Water Flows, Or Grass Grows Upon the Earth" -- How Long a Time Is That?
    University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 1975 Judicial Review of Indian Treaty Abrogation: "As Long as Water Flows, or Grass Grows upon the Earth" -- How Long a Time Is That? Charles F. Wilkinson University of Colorado Law School John M. Volkman Center for Urban Education Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Courts Commons, Dispute Resolution and Arbitration Commons, Indian and Aboriginal Law Commons, Land Use Law Commons, Legal History Commons, and the Legislation Commons Citation Information Charles F. Wilkinson and John M. Volkman, Judicial Review of Indian Treaty Abrogation: "As Long as Water Flows, or Grass Grows upon the Earth" -- How Long a Time Is That?, 63 CALIF. L. REV. 601 (1975), available at https://scholar.law.colorado.edu/articles/1124. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: Charles F. Wilkinson; John M. Volkman, Judicial Review of Indian Treaty Abrogation: As Long as Water Flows, or Grass Grows upon the Earth--How Long a Time is That, 63 Cal.
    [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]
  • Claim of Aboriginal Ownership Chief David Latasse Was Present At
    #6 Sources on the Douglas Treaties Douglas Treaties Document #1: Claim of Aboriginal Ownership Chief David Latasse was present at the treaty negotiations in Victoria in 1850. His recollections were recorded in 1934 when he was reportedly 105 years old: For some time after the whites commenced building their settlement they ferried their supplies ashore. Then they desired to build a dock, where ships could be tied up close to shore. Explorers found suitable timbers could be obtained at Cordova Bay, and a gang of whites, Frenchmen and Kanakas [Hawaiians] were sent there to cut piles. The first thing they did was set a fire which nearly got out of hand, making such smoke as to attract attention of the Indians for forty miles around. Chief Hotutstun of Salt Spring sent messengers to chief Whutsaymullet of the Saanich tribes, telling him that the white men were destroying his heritage and would frighten away fur and game animals. They met and jointly manned two big canoes and came down the coast to see what damage was being done and to demand pay from Douglas. Hotutstun was interested by the prospect of sharing in any gifts made to Whutsaymullet but also, indirectly, as the Chief Paramount of all the Indians of Saanich. As the two canoes rounded the point and paddled into Cordova Bay they were seen by camp cooks of the logging party, who became panic stricken. Rushing into the woods they yelled the alarm of Indians on the warpath. Every Frenchman and Kanaka dropped his tool and took to his heels, fleeing through the woods to Victoria.
    [Show full text]