“Welcome In, But Check Your Rights at the Door” : The James Bay and Nis[vBar ]ga'a Agreements in Canada

2000 ◽  
Vol 33 (2) ◽  
pp. 211-243 ◽  
Author(s):  
Paul Rynard

The signing of the Nis[vBar ]ga'a Final Agreement in August of 1998 was an event of singular importance in the history of “First Nations relations” in Canada. It marked the completion of the first treaty negotiations in British Columbia in the twentieth century and will soon be followed by many others as nearly province–wide negotiations redefine the relationship between First Nations, the province and Canada. Given a political climate hostile to Aboriginal rights, the treaty is a significant achievement and deserves the support of fair–minded Canadians. It certainly does not “give too much” to the Nis[vBar ]ga'a Nation as its critics in the Liberal and Reform parties of British Columbia frequently assert.

2003 ◽  
Vol 81 (2) ◽  
pp. 349-353 ◽  
Author(s):  
C T Darimont ◽  
T E Reimchen ◽  
P C Paquet

Spawning salmon (Oncorhynchus spp.) are important resources for terrestrial ecosystems and often shape the ecological strategies of organisms with which they co-evolve. Gray wolves (Canis lupus), primarily predators of ungulates, are sympatric with salmon over large areas, but the relationship between the two remains poorly understood. We report here observations of direct and indirect evidence of salmon predation by wolves in several watersheds of coastal British Columbia and in detail report on the foraging behaviour of four wolves at one river during September and October 2001. Wolves oriented themselves upstream during detection and pursuit of salmon. The pooled mean capture rate was 21.5 salmon/h and mean efficiency (successes/attempt) was 39.4%. In most cases, wolves consumed only heads of salmon, perhaps for nutritional reasons or parasite avoidance. Preying on salmon may be adaptive, as this nutritious and spatially constrained resource imposes lower risks of injury compared with hunting large mammals. We infer from capture rates and efficiencies, as well as stereotypical hunting and feeding behaviour, a history of salmon predation by wolves and, as a corollary, a broad distribution of this foraging ecology where wolves and salmon still co-exist.


2020 ◽  
Vol 119 (2) ◽  
pp. 301-324
Author(s):  
Shiri Pasternak

The history of colonialism in Canada has meant both the partition of Indigenous peoples from participating (physically, politically, legally) in the economy and a relentless demand to become assimilated as liberal capitalist citizens. Assimilation and segregation are both tendencies of colonization that protect the interests of white capital. But their respective prevalence seems to depend on the regime of racial capitalism at play. This paper examines the intersection of settler colonization and racial capitalism to shed light on the status of Indigenous economic rights in Canada. I ask, to what extent are Indigenous peoples understood to have economic rights—defined here as the governing authority to manage their lands and resources—and, how we can we analyze these rights to better understand the conjoined meanings of colonialism and capitalism as systems of power today? In this paper, I look at two sites to address this problem: first, I examine how the Supreme Court of Canada has defined the “Aboriginal right” to commercial economies since the patriation of Aboriginal rights into the Constitution in 1982; and, second, I examine how these rights are configured through state resource revenue-sharing schemes with First Nations, in particular from extractive projects, over the past few years. Each case study provides critical material for analyzing the economic opportunities available to First Nations through democratic channels of state “recognition,” as well as when and why tensions between state policies of segregation and assimilation emerge.


2021 ◽  
Vol 69 (3) ◽  
pp. 873-887
Author(s):  
Ross Hickey

In this article, I ask, "What is the relationship between rules governing band council elections and property taxation across First Nations in British Columbia?" I outline the three major categories of First Nation electoral rules: default Indian Act elections, First Nations Elections Act rules, and custom election codes. I contend that First Nations who use custom election codes are more likely to exhibit stable governance than those who do not. This mechanism can be helpful in introducing property taxation. It can also reduce property tax uncertainty—a feature known to depress on-reserve property values. I also present some suggestions for First Nations wishing to improve perceptions of taxation in their communities.


A Glimmer of Hope: A Review of Recent Works on the Relations between Indigenous Peoples and Settler SocietyCompact, Contract, Covenant: Aboriginal Treaty-Making in Canada. By J.R. Miller. Toronto: University of Toronto Press, 2009. 448 pp. $35.00 (paper) ISBN 9780802095152.Home is the Hunter: The James Bay Cree and Their Land. By Hans M. Carlson. Vancouver: University of British Columbia Press, 2008. 344 pp. $85.00 (cloth) ISBN 9780774814942. $34.95 (paper) ISBN 9780774814959.The Importance of Being Monogamous: Marriage and Nation Building in Western Canada to 1915. By Sarah Carter. Edmonton: University of Alberta Press and Athabasca University Press, 2008. 383 pp. $34.95 (paper) ISBN 9780888644909.The Indian Commissioners: Agents of the State and Indian Policy in Canada’s Prairie West, 1873-1932. By Brian Titley. Edmonton: University of Alberta Press, 2009. 266 pp. $39.95 (cloth) ISBN 9780888644893.Lament for a First Nation: The Williams Treaties of Southern Ontario. By Peggy Blair. Vancouver: University of British Columbia Press, 2008. 352 pp. $85.00 (cloth) ISBN 9780774815123. $34.95 (paper) ISBN 9780774815130.Landing Native Fisheries: Indian Reserves and Fishing Rights in British Columbia, 1849-1925. By Douglas C. Harris. Vancouver: University of British Columbia Press, 2008. 256 pp. $85.00 (cloth) ISBN 9780774814195. $34.95 (paper) ISBN 9780774814201.Lines Drawn upon the Water: First Nations and the Great Lakes Borders and Borderlands. Ed. Karl S. Hele. Waterloo, ON: Wilfrid Laurier University Press, 2008. 378 pp. $85.00 (cloth) ISBN 9781554580040.Makúk: A New History of Aboriginal-White Relations. By John Sutton Lutz. Vancouver: University of British Columbia Press, 2008. 448 pp. $85.00 (cloth) ISBN 9780774811392. $34.95 (paper) ISBN 9780774811408.The Red Indians: An Episodic, Informal Collection of Tales from the History of Aboriginal People’s Struggles in Canada. By Peter Kulchyski. Winnipeg: Arbeiter Ring, 2007. 158 pp. $19.95 (paper) ISBN 9781894037259.

2010 ◽  
Vol 44 (2) ◽  
pp. 219-229
Author(s):  
Keith Smith

2018 ◽  
Vol 26 (4) ◽  
pp. 25
Author(s):  
Ryan Beaton

This paper offers a short story of Crown sovereignty at the Supreme Court Canada in order to shed light on questions the Court has raised about the legitimacy of Crown sovereignty over territory claimed by First Nations. In skeletal form, the story is simple. The Crown — first Imperial British and later Canadian federal and provincial — asserted sovereignty over what is now Canadian territory, and Canadian courts (and the Judicial Committee of the Privy Council) accepted those assertions without question. Yet the Supreme Court of Canada has lately qualified Crown sovereignty in striking ways, perhaps most notably in speaking of “de facto Crown sovereignty” in reasons released in 2004.The purpose behind this qualification, in line with the Court’s Aboriginal rights and title cases since Calder v British Columbia (Attorney General), seems to be to encourage the Crown to negotiate modern treaties and settle outstandingAboriginal rights and title claims in order to perfect or legitimate Crown sovereignty. As Crown negotiations with First Nations stalled, however, the Court proceeded to develop its own framework for the procedural legitimation of Crown sovereignty, i.e. a framework of procedural safeguards designed to weed out “bad” exercises of Crown sovereignty from legitimate ones.


2011 ◽  
Vol 13 (03) ◽  
pp. 367-404 ◽  
Author(s):  
ANNIE BOOTH ◽  
NORM W. SKELTON

This article presents results from research into the perspectives on environmental assessments of Canadian indigenous peoples, in particular British Columbia's West Moberly First Nations, the Halfway River First Nation, and the Treaty 8 Tribal Association. This collaborative project interviewed First Nation government officials and staff as well as community members to determine their analyses of what worked and, more significantly, what did not work in engaging and consulting indigenous people. This research identified significant failings in Canadian and British Columbia environmental assessment processes, including substantive procedural failures, relational failures between First Nation, provincial and federal governments, and fundamental philosophical differences between assessment processes and indigenous worldviews. Based upon their review of environmental assessment failings, the collaborating First Nations recommend a fundamental revision of environmental assessment processes so as to protect into the future their Treaty and Aboriginal rights and to ensure their survival as distinct and viable cultures upon the land.


2004 ◽  
Vol 11 (3) ◽  
pp. 279-288 ◽  
Author(s):  
Richard Krehbiel

AbstractRati fication of the Nisga'a Final Agreement has had an inevitable effect on the conduct of negotiations for First Nations in the British Columbia treaty process. These effects include a general sense of encouragement set against British Columbia's historical denial of First Nation interests, direct support of negotiations, litigation and coping with special interest group resistance to aboriginal progress. This article examines these in fluences in the context of negotiations being conducted by the Lheidli T'enneh First Nation in the Northern interior of British Columbia.


2005 ◽  
Vol 12 (1) ◽  
pp. 7-11 ◽  
Author(s):  
Andrew Coldman ◽  
Norm Phillips ◽  
Lisa Kan ◽  
Jasenka Matisic ◽  
Lou Benedet ◽  
...  

Objective: To determine the relationship between the number of initial negative Pap smears and risk of subsequent cervical cancer. Design: A cohort study was conducted using data from the British Columbia Cervical Cancer Screening Program and British Columbia CancerRegistry. The analysis used a random sample (1%) of women aged 20–69 with Pap smears and all cases of invasive cervical cancer diagnosed between 1994 and 1999. Each negative screen defined the beginning of a screening interval and intervals longer than five years were truncated. Thefollowing variables were created for each interval: age at the beginning of the interval, interval length, previous cytological abnormality, previous cervical procedure and number of preceding consecutive negative screens. The relationship between these variables and risk of squamous cervicalcancer was determined using survival analysis methods. Results: A total of 388 cases of invasive cervical cancer (252 squamous) were included in the study from a study population of over 3.3 million Pap smears. The risk of invasive squamous cancer increased with time since the lastnegative screen, history of cytological abnormality and history of cervical therapeutic procedure. Risk was not significantly related to age ( P=0.2) but was highest in women aged 30–49. Multiple consecutive negative pap smears were associated with reduced risk in women with ahistory of moderate atypia ( P<0.0001), but not in women without a history ( P=0.4). Conclusions: Multiple consecutive negative cytology was not associated with reduced risk of invasive cervical cancer in women with no history of cytological abnormality.


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