VALIDATION AND CONSTRAINT: A DISCURSIVE EXAMINATION OF THE BRITISH COLUMBIA LAND QUESTION IN AN ERA OF TREATY NEGOTIATIONS by Tonio Sadik B.A. (Honours), Carleton University, 1991 M.A., University of Windsor, 1993 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY In the Department of Sociology and Anthropology © Tonio Sadik 2008 SIMON FRASER UNIVERSITY Fall 2008 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: Tonio Sadik Degree: Doctor of Philosophy Title of Thesis: Validation and Constraint: A Discursive Examination of the British Columbia Land Question in an Era of Treaty Negotiations Examining Committee: Chair: Dr. Wendy Chan Associate Professor of Sociology Dr. Noel Dyck Senior Supervisor Professor of Anthropology Dr. ))ara Culhane Member Associate Professor of Anthropology Dr. Marianne Ignace Member Associate Professor of Anthropology Dr. Paddy Smith Internal Examiner Professor of Political Science Dr. "~rances Abele External Examiner Professor, School of Public Policy and Administration Carleton University Date Defended/Approved: November 27,2008 11 SIMON FRASER UNIVERSITY LIBRARY Declaration of Partial Copyright Licence The author, whose copyright is declared on the title page of this work, has granted to Simon Fraser University the right to lend this thesis, project or extended essay 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. 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Simon Fraser University Library Burnaby, BC, Canada Revised: Fall 2007 SIMON FIl.ASEn UNIVERSl'fY THINKING OF THE WORLO STATEMENT OF ETHICS APPROVAL The author, whose name appears on the title page of this work, has obtained, for the research described in this work, either: (a) Human research ethics approval from the Simon Fraser University Office of Research Ethics, or (b) Advance approval of the animal care protocol from the University Animal Care Committee of Simon Fraser University; or has conducted the research (c) as a co-investigator, in a research project approved in advance, or (d) as a member of a course approved in advance for minimal risk human research, by the Office of Research Ethics. A copy of the approval letter has been filed at the Theses Office of the University Library at the time of submission of this thesis or project. The original application for approval and letter of approval are filed with the relevant offices. Inquiries may be directed to those authorities. Bennett Library Simon Fraser University Burnaby, BC,Canada Los1 revision: Summef 2007 ABSTRACT In the early 1990s, when a process was established to negotiate modern-day treaties in British Columbia (BC), it was presumed that a majority of First Nation land claims would be resolved over the course of the following twelve years. Now, some fifteen years later, only two agreements have been reached as a part of this process. The reasons for this malaise are many, and while the relative failure of the treaty process in BC could be attributed to any number of factors, this thesis examines the inception of this process, with a focus on the period 1995-99, as a basis for challenging the perception that we have transcended the policy of denial that characterized indigenous-state relations in BC prior to the treaty process. Relying upon participant-observation, ethnographic interviews, and an analysis of media, this thesis asks: how has the discursive context of the BC land question been transformed by the treaty process? What impact did the perception that the public was being called upon to participate in forums about the BC land question have on the discursive construction of this policy field? And how did the perception that BC had entered a new era of recognition (rather than of denial) inform peoples' sense of what the treaty process was about and the outcomes it would lead to? The thesis argues that the historical policy of denial that characterized indigenous-state relations in BC continues to be embodied in a dialectic of validation and constraint that informs contemporary efforts to manage the BC land question. It is by advancing this analysis that this thesis seeks not only to bring an element of clarity to a process that continues to frustrate the aspirations of many First Nations in BC, but also highlights some of the contributions that anthropology has to make to a study of public policy. Keywords: British Columbia; claims; discourse; First Nations; indigenous-state relations; media; policy; treaties 111 DEDICATION This thesis is dedicated to my wife, Vicki, and our three children, Carmen, Sebastian, and Leonardo, who were but vitamins in a sprig of broccoli when this research began. IV ACKNOWLEDGEMENTS A project of this duration requires many acknowledgements. Foremost, I wish to acknowledge my senior supervisor, Noel Dyck, for his unwavering patience, guidance and support in completing this thesis. In addition, my committee members, Dara Culhane and Marianne Ignace, have provided me with invaluable guidance over the duration of my graduate career. Each of these individuals has made an enormous contribution to my experience as a graduate student and to my intellectual development as an anthropologist. I am in their debt. I also wish to acknowledge a number of other faculty in the Department of Sociology and Anthropology, including Marilyn Gates, Hari Sharma, and the late Ellen Gee, for their various interventions and efforts during my studies. There were also a number of other individuals at Simon Fraser University that supported and encouraged me at various points. Foremost,] wish to acknowledge Lori Barkley's incredible support and friendship at a time when she was herself occupied with an enormous workload. More generally, my former co-workers at the Teaching Support Staff Union (TSSU) - Jude Morrison, Jody Jenson, and Lori Barkley - each in their own way contributed to my academic development. As well, Sue Frohlic, Richard Day, and Guy Letts provided me with a sounding board among my peers. My eventual move and employment in Alert Bay, BC, also represented an important experience relative to this research. Chief Bill Cranmer, Ian Knipe, Nicole McClelland, Marty Weinstein, Don Svanvik, and the late (and dearly missed) Lawrence "Lou" Ambers provided me with incredible opportunities and experiences that have shaped me forever. As well, George "Satch" Speck, Garry Ullstrom, Roy Cranmer, and my former colleagues of the member nations of the Winalagalis Treaty Group provided me with a level of insight that can only be harnessed in practice. I cherish the many wonderful friendships and experiences that were a part of living and working in Alert Bay. My current employment at the Assembly of First Nations (AFN) in Ottawa has also represented an incredible opportunity to engage in new issues and garner new skills relative to my research. Jennifer Brennan, Roger Jones, Dan Wilson, and Regina Toulouse have demonstrated a wide range of skills and professionalism that continue to hold me in awe. Richard Jock, Jennifer Brennan, Guy Poirier, and most recently, Bob Watts, were instrumental in supporting the completion of this thesis by providing me with the opportunity to do so while working in a context where there is no down time. And finally, I am indebted to the many respondents who agreed to be interviewed, along with countless others - students, teachers, icons, and the invisible - who have in one way or another enabled me to complete this work, and to my parents, siblings, wife, and children for their unfailing support and encouragement. I am grateful to each of you - thank you! v TABLE OF CONTENTS APPROVAL ii ABSTRACT iii DEDICATION iv ACKNOWLEDGEMENTS v TABLE OF CONTENTS vi LIST OF TABLES