British Columbia after the Delgamuukw Decision: Land Claims and Other Processes

2002 ◽  
Vol 28 (2) ◽  
pp. 239 ◽  
Author(s):  
Gurston Dacks
Keyword(s):  
1992 ◽  
Vol 18 (1) ◽  
pp. 123
Author(s):  
J. R. Miller ◽  
Frank Cassidy
Keyword(s):  

1997 ◽  
Vol 73 (3) ◽  
pp. 349-352 ◽  
Author(s):  
Christopher A. Lee ◽  
Phil Symington

The settlement of Land Claims in British Columbia could entail the negotiation of forestry interests in many areas of the province. This paper looks at Land Claims settlements in other jurisdictions and at the Nisga'a Agreement in Principle in B.C. to see how these examples have or will affect wood supply in their locations. Other factors, such as timber supply in general, are also considered.


2001 ◽  
Vol 34 (1) ◽  
pp. 131-155 ◽  
Author(s):  
Jonathan Malloy

This article argues that provincial government units for Aboriginal affairs in Ontario and British Columbia have ''double identities'' stemming from contradictory mandates anchored in two different policy communities. Aboriginal policy agencies act as Crown negotiators with Aboriginal nations over land claims and self-government, but are also responsible for co-ordinating government policies affecting Aboriginals. Consequently, they interact with two different policy communities. One involves economic and resource ministries, which engage in a pressure pluralist relationship with Aboriginal groups. The second involves social policy ministries who engage in more clientele pluralist relationships with Aboriginals. Consequently, Aboriginal policy agencies display different identities and play different and sometimes contradictory roles. These ''double identities'' illustrate the complexity and contradictions of provincial-Aboriginal relations in Canada.


Author(s):  
Vanessa Sloan Morgan ◽  
Heather Castleden

Media plays an integral role in (re)producing our social construction of reality. When viewed in light of Canada’s colonial legacy, media’s power has undoubtedly been implicated in circumscribing Indigenous peoples and Indigenous–settler relations. Employing a discourse analysis of mainstream media covering the recent (2011) implementation of a comprehensive land claims agreement in British Columbia, this study investigates how media has framed contemporary Indigenous–settler relations within the Canadian state. Findings indicate that mainstream media predominantly relies on stereotypes of Indigenous peoples and tends to neglect historical and current political complexities, thereby perpetuating stagnant Indigenous–settler relations. Concluding with empirically derived recommendations, this article points to education reform to create more robust mainstream media able to address stagnated (re)constructions of Indigenous–settler relations.


SURG Journal ◽  
2011 ◽  
Vol 5 (1) ◽  
pp. 41-48
Author(s):  
Anthony Gatensby

First Nations’ self-government treaties have arisen solely in British Columbia, to the exclusion of every other Canadian province. At first glance, the amount of historical treaties enacted in what is now Ontario prevents new claims from being pursued. Therefore, the assumption exists that because the majority of British Columbia’s land mass was never formally ceded to the Crown, the opportunity to do so has now presented itself. However, identifying the amount of historical treaties as the sole influence over the contemporary process of land claims is an assumption that excludes the importance of regional circumstances in emerging self-government treaties. Therefore, the intention of this paper is to establish that this assumption is inadequate, and that regionalism better explains the historical, political, legal, and geographical reasons why First Nations’ self-government has surfaced exclusively in BC.


1993 ◽  
Vol 27 (4) ◽  
pp. 202-211
Author(s):  
S. Barry Cottam

2018 ◽  
Vol 3 (1) ◽  
pp. 32-36
Author(s):  
Reid Gomme

This essay analyzes the enduring impact of the case Delgamuukw v. British Columbia (1997), in which the Supreme Court of Canada overturned the original ruling by the Supreme Court of British Columbia in 1997 upon appeal by members of the Gitskan and Wet’suwet’en peoples representing the Delgamuukw side. The case set strengthened precedent in Canada’s legal system for the use of indigenous oral history as acceptable evidence in identifying first nations land claims based on their ancestral accounts. As has been shown in more recent indigenous land claims cases such as Tsilhqot’in v. British Columbia (2014), this precedent is finally allowing some first nations communities a legal tool recognized strongly enough within Canadian legal systems, historically entrenched in European common and civil law approaches of justifying evidence, to gain more just land claims settlements. While actions by some levels of Canadian government, such as the British Columbian Liberal government’s 2001 popular referendum on the merits of indigenous land claims, have shown bad faith for the prospects of nation to nation land claim settlement negotiation, the pressure exerted on all levels of Canadian government by decisions such as Delgamuukw and Tsilhqot’in show promise in forcing a shift to more just land claim settlements in future disputes.


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