Dissertations / Theses on the topic 'Indigenous peoples – Canada – Maps'
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1
Doherty, Michael P. "Aboriginal dominion in Canada." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=233439.
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In much of Canada, Aboriginal rights – including land rights – were never extinguished by treaty, and presumptively continue to exist. Jurisprudence has established that in Aboriginal groups' traditional territories, they will have Aboriginal title – the right to exclusive use and occupation - in those areas where they can demonstrate both occupation and exclusivity at the date of the assertion of Crown sovereignty, and that they will have hunting and fishing rights in areas where they can demonstrate occupation but not exclusivity. This leaves open the question of what right they have in areas where they can demonstrate exclusivity but not occupation. This thesis argues for the existence in such areas of a right that has not previously been recognized in Canada, namely a right to prohibit resource use or extraction. This right – here termed “Aboriginal dominion” – is argued to be analogous to a negative easement in European property law systems. Even drawing such an analogy, however, requires a level of analysis that has been lacking with regard to Aboriginal property rights in Canada, since courts have insisted that such rights are sui generis, unique. This insistence is here called into question, and an approach that analyzes property rights as being responsive to the needs of human beings in particular times and places is urged instead. To the extent that such analysis results in the recognition of new Aboriginal rights, including Aboriginal dominion, it may help to bring Canada in line with international norms, as embodied in the United Nations Declaration on the Rights of Indigenous Peoples and other instruments, and may contribute to achievement of the ultimate goal of Canadian Aboriginal law: reconciliation.
2
Mainville, Robert. "Compensation in cases of infringement to aboriginal and treaty rights." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30317.
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This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)
3
Tyakoff, Alexander. "Housing natives in northern regions : a comparative analysis of approaches in Canada, the United States, and the USSR." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/31238.
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Using a cross-national comparative approach, this thesis examines the Native housing crisis in the Northwest Territories, Alaska, and northern USSR from 1980 to 1990. The affordability, adequacy, and suitability of public and private sector housing is analyzed, as well as their structural and cultural limitations in a northern context. This study found that many low and moderate-income Natives in these regions are unable to afford expensive market rental housing, are ineligible for government or company accommodation or sheltered in overcrowded public housing. Premised on non-Native values and market assumptions, public and private sector housing is exclusionary and discriminates against a Native way of life, and has created the conditions in which people are polarized based on income and tenure. Given the failure of public and private sector housing to meet the shelter requirements of Natives, this thesis argues that there is a need for community-based housing alternatives.
Housing co-operatives have the potential to increase security of tenure as well as the stock of decent and affordable housing, and to reduce cultural cleavages and socio-tenurial polarization through meaningful social and income-mixing. By responding to Native housing needs in such a culturally-sensitive manner, co-operatives have the potential to reduce dependencies on housing agencies and the private sector by effectively shifting control of housing to the community as a whole. Given the potential of housing co-operatives, however,
this tenure has made relatively few inroads into the Northwest Territories, Alaska, and northern USSR. This study concludes that problems of implementation and affordability, privatism and inertia in housing policy, and a dependency on public and private sector housing have impeded the wider development of northern co-operatives.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
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O'Connor, Kevin Barry. "Investigations into Indigenous research and education through an experiential and place-based lens." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99737.
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The lack of Indigenous cultural knowledge and perspectives in the school curriculum has been identified as a significant factor in school failure amongst Indigenous students. This thesis includes a literature review of Indigenous education, as articulated by Indigenous scholars. Issues of identity, self-determination, local control, community, culture and a return to a traditional-holistic model of education are investigated. An analysis of experiential and place-based educational models is taken as these alternative practices have shown success in addressing Indigenous students needs. The fundamental significance story, narrative and the concept of place has in Indigenous culture and knowledge development is explored, as well as the effects colonial influences have had on Indigenous story, voice and sense of place. Using self-study methodologies and the formation of a "narrative identity" through reflexive writings, the author attempts to uncover his motives and reasoning as a non-Indigenous educator and researcher in pursuing research in Indigenous education and to develop principles that understand, are respectful and conducive to Indigenous thought.
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Turner, Dale A. (Dale Antony) 1960. ""This is not a peace pipe" : towards an understanding of aboriginal sovereignty." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=35637.
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This dissertation attempts to show that Aboriginal peoples' ways of thinking have not been recognized by early colonial European political thinkers. I begin with an examination of Kymlicka's political theory of minority rights and show that, although Kymlicka is a strong advocate of the right of Aboriginal self-government in Canada, he fails to consider Aboriginal ways of thinking within his own political system. From an Aboriginal perspective this is not surprising. However, I claim that Kymlicka opens the conceptual space for the inclusion of Aboriginal voices. The notion of "incorporation" means that Aboriginal peoples became included in the Canadian state and in this process their Aboriginal sovereignty was extinguished. Aboriginal peoples question the legitimacy of such a claim. A consequence of the Canadian government unilaterally asserting its sovereignty over Aboriginal peoples is that Aboriginal ways of thinking are not recognized as valuable within the legal and political discourse of sovereignty. In chapters two through five, respectively, I examine the Valladolid debate of 1550 between the Spanish monk Bartolome de Las Casas and Juan Sepulveda, The Great Law of Peace of the Iroquois Confederacy, Thomas Hobbes's distinction between the state of nature and a civil society, and Alexis de Tocqueville's account of democracy in America. Each of the examples, except for The Great Law of Peace, generate a philosophical dialogue that includes judgments about Aboriginal peoples. However, none of these European thinkers considers the possibility that Aboriginal voices could play a valuable role in shaping their political thought. To show the value of an Aboriginal exemplar of political thinking I consider the Iroquois Great Law of Peace. The Iroquois view of political sovereignty respects the diversity of voices found within a political relationship. This was put into practice and enforced in early colonial northeast America until the power dynamic shifted betwe
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Rumford, Michelle Hope. "Recreation, Religion, and Reconciliation: Christian Camps for Indigenous Youth in Canada." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39450.
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In this master’s thesis, which takes the format of an introductory chapter, publishable paper, and conclusion, I examined camp programs for Indigenous youth that are run by Christian organizations in Canada, with the goals of bringing attention to this phenomenon and provoking dialogue on possibilities (or impossibilities) of reconciliation in these contexts. I employed an exploratory case study methodology, using semi-structured interviews, questionnaires, and internet-mediated document analysis, to address the following research questions: i) What are the key characteristics of summer camps for Indigenous youth run by Christian organizations in Canada?; ii) To what extent are Indigenous staff members or volunteers and Indigenous cultures included at summer camps for Indigenous youth that are run by Christian organizations in Canada?; and iii) What does or could reconciliation look like in the context of these camps?, and present results and conclusions based on the collected data. This work is particularly timely and significant in light of the work of the Truth and Reconciliation Commission (2015) and broader work for decolonization and improved relationships between Indigenous and non-Indigenous peoples in Canada.
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Juutilainen, S. A. (Sandra Alexis). "Structural racism and Indigenous health:a critical reflection of Canada and Finland." Doctoral thesis, Oulun yliopisto, 2017. http://urn.fi/urn:isbn:9789526215525.
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Abstract The purpose of the study was to broaden understanding of structural racism by examining the relationships between Indigenous peoples and nation-states in the context of education and how this affects Indigenous lives. This thesis delves into understanding both the theoretical and methodological contributions that more critical analyses can have on: the role of de-colonial approaches to Indigenous health research methodologies so that the most urgent health inequities are addressed through more rigorous and Indigenous specific research processes; and to improve our understanding of the complex interactions that historical and contemporary legacies of residential schools and boarding schools have on the health and well-being of Indigenous populations in Canada and Finland. The research design was a qualitative multiple case study informed by a public health critical race praxis. The study was completed in two phases; consisting of a literature study using content analysis of Indigenous research ethics protocols and policies, in Canada and the Nordic countries; and, three case studies developed from open ended questions from structured interview research comparing discriminatory experiences and its impact on self-perceived health with participants from Six Nations of the Grand River, Canada (n = 25) and the Sámi in Inari, Finland (n = 20); and their family members. The case studies were analyzed using both Western and Indigenous methodologies. Results of Phase one shows how Indigenous resistance to colonial structures within academia in Canada and Finland has resulted in dialogical processes to create an ethical space for working between the differing worldviews of academia and Indigenous communities with the aim to produce ethically valid knowledge. Phase two results shows that regardless of contextual differences of the experiences in Canada and Finland, the main parallel outcomes are similar, i.e. the teachings of shame received in these educational environments. This produces both vulnerabilities and resiliencies and the negative effects of shame require an ongoing healing journey for both individuals and their families and communities at large. Conclusion: For a more in depth understanding of structural racism and its influence on Indigenous health, investigations require methodological choices by both Western and Indigenous methodologiesTiivistelmä Tutkimuksen päämääränä on tuottaa tietoa rakenteellisesta syrjinnästä. Tämä tapahtuu tutkimalla alkuperäiskansojen ja kansallisvaltioiden välisiä suhteita koulujärjestelmissä sekä sitä, miten rakenteellinen syrjintä vaikuttaa alkuperäiskansojen jäsenten elämään. Tutkimuksen kriittinen analyysi tuottaa dekoloniaalisia lähestymistapoja terveystutkimuksen menetelmiin, jolloin tärkeimmät terveyserot paljastuvat alkuperäiskansalähtöisten tutkimusprosessien kautta. Tutkimus pyrkii lisäämään ymmärrystä siitä, millaisia väliaikaisia sekä nykypäivään asti ulottuvia vaikutuksia sisäoppilaitoksilla ja kouluasuntoloilla on ollut Kanadan ja Suomen alkuperäiskansojen jäsenten terveyteen ja hyvinvointiin. Väitöskirjan tutkimusasetelma on laadullinen monitapaustutkimus, jossa sovelletaan Critical Health Praxis (PHCR) -menetelmän viitekehystä. Tutkimuksen ensimmäisessä osassa vertaillaan laadullisen sisällönanalyysin avulla Kanadan ja Pohjoismaiden alkuperäiskansojen tutkimuseettisiä käytäntöjä ja menettelytapoja. Toisessa osassa on kolme tapaustutkimusta, jotka perustuvat strukturoidun kyselytutkimuksen avovastausten syrjintäkokemuksiin ja niiden vaikutuksiin itsekoettuun terveyteen Kanadan ensimmäisten kansojen jäsenillä (Six Nations of the Grand River, n = 25) sekä Suomen saamelaisilla (Inarin kunta, n = 20). Tapaustutkimuksissa sovelletaan alkuperäiskansalähtöisiä ja länsimaisia tutkimusmenetelmiä. Tulokset osoittavat, että alkuperäiskansojen vastustus kolonialistisia akateemisia rakenteita kohtaan Suomessa ja Kanadassa on synnyttänyt dialogisia prosesseja, joiden avulla voidaan luoda eettistä tilaa tiede- ja alkuperäiskansayhteisöjen maailmankuvien yhteensovittamiseksi ja eettisesti hyväksyttävän tiedon tuottamiseksi. Toisen vaiheen tulokset osoittavat, että vaikka Kanadan sisäoppilaitosten ja Suomen kouluasuntoloiden yhteiskunnalliset lähtökohdat ja käytännön toteutustavat eroavat toisistaan, lopputulos on samansuuntainen: kouluympäristön aiheuttama häpeä, joka tuottaa sekä haavoittuvuutta että resilienssiä. Kielteisten kokemusten työstäminen vaatii pitkää, parantavaa prosessia, joka koskee niin yksilöitä, perheitä kuin yhteisöjäkin. Johtopäätöksenä todetaan, että tarvitaan sekä länsimaisia että alkuperäiskansalähtöisiä tutkimusmenetelmiä, jos halutaan ymmärtää syvällisesti rakenteellista syrjintää ja sen vaikutuksia alkuperäiskansojen terveyteen ja hyvinvointiin
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Rousselle, Serge. "La diversité culturelle et le droit constitutionnel canadien au regard du développement durable des cultures minoritaires /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102241.
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Within the framework of international trade liberalization which has given rise to considerable thought about the fundamental contribution of cultural diversity to sustainable development, we explore the upholding of the educational rights of recognized linguistic minorities and of the aboriginal and treaty rights of First Nations under the Constitution Act, 1982. We examine these rights in the light of relevant judgments of the Supreme Court of Canada in order to confirm our initial hypothesis that the highest court in the land can show governments here and abroad the steps to take to ensure that the cultural rights specific to some communities and the citizenship common to the population as a whole can coexist in a free and democratic nation.Our analysis shows that, while relying on the historical, equality and cultural-based justification of the existence of these rights, the Court favours an approach centred on three fundamental principles: the duty of the State to act equitably in the "best interest" of cultural minorities through a flexible approach to the interpretation of established rights; a fair participation in the management of and access to resources by minority groups; and finally, the fostering of social cohesion in order for unity in diversity to be maintained through a reconciliation of existing rights which must be achieved, first and foremost, by political discussion aimed at finding durable solutions.
From a cultural sustainable development perspective, the specific cultural rights of minority groups must thus favour a common citizenship within a context of respect for cultural diversity, while still being compatible with and promoting the values of a liberal democracy.
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El, Krekshi Laila. "Indigenous Peoples’ Perspectives on Participation in Mining The Case of James Bay Cree First Nation in Canada." Thesis, KTH, Urban and Regional Studies, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-24850.
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Mining exploration and production are rapidly increasing in remote regions of the world where traditionally large scale mining has not taken place such as in the North of Quebec in Canada. In these remote areas, mining companies frequently take over lands and territories of Indigenous Peoples disrupting their traditional livelihoods. Indigenous Peoples have specific rights to land and resources, rights to free prior informed consent as well as participation in decision making. A number of CSR initiatives have been taken by mining companies to shift towards responsible business and participation of Indigenous communities in decision making. Yet the implementation of meaningful approaches to participation is not common or in many cases not properly applied in practice. Furthermore although Aborginal particpation is highly promoted in the business industry little is known how Indigenous communities perceive proper conditions for participation and FPIC process. This study examines the perspectives of James Bay Cree First Nations in the North of Québec on the participation process with Troilus mine project and the implementation and implications of the Troilus agreement on the Cree. Additionaly the study scrutinizes the internal participation and FPIC process in two Cree communities and the impacts of mining on the Cree First Nation.
Key words:
Indigenous Peoples, mining, livelihood, human rights, participation, FPIC, Cree First Nation, CSR, corporate Aboriginal agreement, development impacts, Canada.
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Ramos, Howard. "Divergent paths : aboriginal mobilization in Canada, 1951-2000." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84541.
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My dissertation focuses on the rise and spread of Aboriginal mobilization in Canada between 1951 and 2000. Using social movement and social-political theories, it questions the relationship between contentious actions and formal organizational growth comparing among social movement and political sociological perspectives. In most accounts, contentious action is assumed to be influenced by organization, political opportunity and identity. Few scholars, however, have examined the reverse relationships, namely the effect of contentious action on each of these. Drawing upon time-series data and qualitative interviews with Aboriginal leaders and representatives of organizations, I found that critical events surrounding moments of federal state building prompted contentious action, which then sparked mobilization among Aboriginal communities. I argue that three events: the 1969 White paper, the 1982 patriation of the Constitution, and the 1990 'Indian Summer' led to mass mobilization and the semblance of an emerging PanAboriginal identity. This finding returns to older collective behaviour perspectives, which note that organizations, opportunities, and identities are driven by triggering actions and shared experiences that produce emerging norms. Nevertheless, in the case of Canadian Aboriginal mobilization, unlike that of Indigenous movements in other countries, building a movement on triggering actions led to mass mobilization but was not sustainable because of a saturation of efficacy. As a result, Aboriginal mobilization in Canada has been characterized by divergent interests and unsustained contention.
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Lavoie, Manon 1975. "The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221.
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The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining and implementing the right. Firstly, the importance and legitimacy of the right to self-government is recognized through its beginnings in the human right norm of self-determination in international law to the establishment of the right in Canadian domestic law. Secondly, an evaluation of the principal attempts, on behalf of the governments and the courts, to give meaning and scope to the aboriginal right to self-government, which culminate in the conclusion of modern agreements, reveals their many inefficiencies and the need for a workable and concrete alternative. Lastly, the main lacunae of the negotiation process, the main process by which the right is concluded and implemented, and the use of the courts to determine the scope and protection of the right to self-government, are revealed. An analysis of European initiatives to entrench the right to self-government, mainly the European Charter of Self-Government and its established set of principles that guide the creation of self-government agreements, are also used in order to propose a viable option for the establishment of a principled framework for the aboriginal right to self-government in Canada.
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Rotman, Leonard Ian. "Duty, the honour of the Crown, and uberrima fides, fiduciary doctrine and the crown-native relationship in Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1993. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/MQ39228.pdf.
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Anderson, Robyn Lisa, and n/a. "The decolonisation of culture, the trickster as transformer in native Canadian and Maori fiction." University of Otago. Department of English, 2003. http://adt.otago.ac.nz./public/adt-NZDU20070508.145908.
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The trickster is a powerful figure of transformation in many societies, including Native Canadian and Maori cultures. As a demi-god, the trickster has the ability to assume the shape of a variety of animals and humans, but is typically associated with one particular form. In Native Canadian tribes, the trickster is identified as an animal and can range from a Raven to a Coyote, depending on the tribal mythologies from which he/she is derived. In Maori culture, Maui is the trickster figure and is conceptualised as a human male. In this thesis, I discuss how the traditional trickster is contexualised in the contemporary texts of both Native Canadian and Maori writers. Thomas King, Lee Maracle, Witi Ihimaera, and Patricia Grace all use the trickster figure, and the tricksterish strategies of creation/destruction, pedagogy, and humour to facilitate the decolonisation of culture within the textual realms of their novels. The trickster enables the destruction of stereotyped representations of colonised peoples and the creation of revised portrayals of these communities from an indigenous perspective. These recreated realities aid in teaching indigenous communities the strengths inherent in their cultural traditions, and foreground the use of comedy as an effective pedagogical device and subversive weapon. Although the use of trickster is considerable in both Maori and Native Canadian texts, it tends to be more explicit in the latter. A number of possibilities for these differences are considered.
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SIMON, MICHAEL PAUL PATRICK. "INDIGENOUS PEOPLES IN DEVELOPED FRAGMENT SOCIETIES: A COMPARATIVE ANALYSIS OF INTERNAL COLONIALISM IN THE UNITED STATES, CANADA AND NORTHERN IRELAND." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183996.
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The purpose of this dissertation was to compare British policy towards Ireland/Northern Ireland and United States and Canadian Indian policies. Despite apparent differences, it was hypothesized that closer examination would reveal significant similarities. A conceptual framework was provided by the utilization of Hartzian fragment theory and the theory of internal colonialism. Eighteen research questions and a series of questions concerned with the applicability of the theoretical constructs were tested using largely historical data and statistical indices of social and economic development. The research demonstrated that Gaelic-Irish and North American Indian societies came under pressure from, and were ultimately subjugated by colonizing fragments marked by their high level of ideological cohesiveness. In the Irish case the decisive moment was the Ulster fragmentation of the seventeenth century which set in juxtaposition a defiant, uncompromising, zealously Protestant, "Planter" community and an equally defiant, recalcitrant, native Gaelic-Catholic population. In the United States traditional Indian society was confronted by a largely British-derived, single-fragment regime which was characterized by a profound sense of mission and an Indian policy rooted in its liberal ideology. In Canada the clash between two competing settler fragments led to the victory of the British over the French, and the pursuit of Indian policies based on many of the same premises that underlay United States policies. The indigenous populations in each of the cases under consideration suffered enormous loss of land, physical and cultural destruction, racial discrimination, economic exploitation and were stripped of their political independence. They responded through collective violence, by the formation of cultural revitalization movements, and by intense domestic and international lobbying. They continue to exist today as internal colonies of the developed fragment states within which they are subsumed.
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Kopas, Paul Sheldon. "Self-government in Europe and Canada : a comparison of selected cases." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/28093.
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Efforts to clarify aboriginal rights in Canada have centered around the demand by aboriginal people for a constitutionally entrenched right to self-government but the substance and character of that form of government are not defined.
Comparative political studies have sought to identify possible features of self-government from other political systems. This study observes that in several European countries there are regions with high degrees of local autonomy then compares them to existing Canadian developments, endeavoring to see what might be learned. From Denmark, the Faroe Islands, and from the British Isles, the Isle of Man and Guernsey, are compared with the James Bay Cree (Quebec) and the Sechelt Band (British Columbia) self-governments and the proposed Territory of Nunavut in Canada.
Material was gathered from the literature, from telephone interviews with administrators in the three European jurisdictions, and from personal interviews in Canada.
The nascent Canadian experience with self-government includes many of the features of self-government in the European cases and leads to some optimism. Important issues in Canada such as the multitude of cases and the paucity of resources in some aboriginal communities require further study.Arts, Faculty of
Political Science, Department of
Graduate
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Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.
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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
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Pates, Rebecca. "A philosophical investigation of punishment /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82943.
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Neither currently prevalent justifications of punishment, nor a modified, contractarian version of a justification that I develop here, can be used to justify actual state punishment, even if some forms of punishment may remain legitimate. I argue in this thesis that alternative punitive practices such as developed by some Canadian aboriginal communities are more likely to conform to the criteria of punitive justice developed by standard justifications, as well as being more likely to conform to criteria developed in feminist ethics.
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Elfving, Sanna Katariina. "The European Union's animal welfare policy and indigenous peoples' rights : the case of Inuit and seal hunting in Arctic Canada and Greenland." Thesis, University of Surrey, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.656320.
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This thesis investigates whether the European Union (EU) achieves a fair balance between the protection of seals and the rights of indigenous peoples to engage in their traditional economic activities. It does this in the context of the EU legislation on trade in seal products, which imposes a sale and import ban on products from commercial seal hunts, but exempts indigenous peoples from its scope. Despite this exemption, Inuit of Canada have been unable to access the EU market under the legislation. In this thesis, it is argued that the balance is fair, if the EU legislation recognises and respects the rights under the United Nations Declaration on the Rights of Indigenous Peoples; does not impose a disproportionate restriction on the right of indigenous peoples to engage in the commercial exploitation of seal products; is consistent with the EU's obligations under international trade agreements in that it does not discriminate against products of Inuit origin from Canada as opposed to those from Greenland; and results in improved animal welfare outside the EU. In order to assess what the concept of 'fair balance' may mean in the context of the EU seal products legislation, this thesis examines three specific legal tests balancing human rights and societal interests. The thesis concludes that despite the EU's arguments to contrary, the balance is unfair due to the de facto discrimination against products originating Inuit regions of Canada.
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Posselwhite, Kaitlyn. "Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent." Master's thesis, Faculty of Humanities, 2019. http://hdl.handle.net/11427/30528.
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The ongoing reconciliation process in Canada has been criticized for failing to recognize the larger project of ongoing settler colonialism and for its inability to meaningfully respond to the aspirations and demands of Indigenous peoples for self-determination. However, in the Truth and Reconciliation Commission’s final report, the important recommendation was made for
Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples, the most accomplished proclamation of Indigenous peoples’ rights, especially their right to selfdetermination, as the framework for reconciliation in the country. Following the Commission’s recommendation, the Canadian government committed itself to implementing the Declaration, including its free, prior and informed consent requirement, into the country’s legislation. This is significant for settler colonial violence in Canada continues to manifest itself in a multitude of ways, including through imposed resource extraction projects and environmental violence, which dispossesses Indigenous peoples of their land, violating their right to self-determined social, cultural and economic development, and thus, denying them their dignity. Through an application of Atuahene’s theoretical framework of Dignity Takings and Dignity Restoration, this dissertation conceptualizes eliminatory resource exploitation projects and
associated environmental violence as dignity takings in a settler colonial context, whereby Indigenous peoples are dispossessed of their land, as well as their right to self-determination. It then explores the potential role the implementation of the United Nations Declaration on the Rights of Indigenous Peoples free, prior and informed consent requirement, which affirms that Indigenous people should make decisions on matters affecting their lands and/or people, can have for meaningfully restoring Indigenous peoples’ dignity, and thereby affirming their unqualified right to self-determination in settler colonial Canada. The findings demonstrate that while the free, prior and informed consent requirement’s regulatory and normative framework at the international level has the potential to meaningfully restore dignity to Indigenous peoples in theory, an assessment of the requirement’s implementation in the Canadian context reveals the considerable influence national politics and institutional norms have in shaping the requirement’s effective implementation, operationalization and dignity restoring potential.
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Nicolas-Vullierme, Magali. "Les Rangers canadiens et les Rangers Juniors canadiens : vecteur de sécurité humaine des Inuit canadiens." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV008.
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La présente recherche porte sur l’identification d’éléments pouvant permettre la création d’un environnement favorable à la protection de la sécurité humaine des communautés arctiques canadiennes. Cette étude se concentre sur le Nunavik, dont les communautés souffrent de mal-être et de nombreux risques liés au concept de sécurité humaine issus de traumatismes passés. Afin de déterminer s’il existe des utilisations de ce concept dans la politique arctique canadienne, cette recherche analyse les dynamiques relationnelles au sein des patrouilles de Rangers canadiens. Composées de réservistes presque exclusivement Autochtones, ces patrouilles sont un lieu de rencontre entre militaires et Inuit. Cette recherche exploratoire est le résultat de l’analyse d’un corpus de vingt-et-un entretiens et d’observations de terrains conduits en 2016 et 2017 au Québec. Selon nos données, les patrouilles de Rangers et de Rangers Juniors fonctionnent en se reposant notamment, et de façon importante, sur des relations équilibrées et respectueuses de la culture autochtone. Ce sont ces relations et cet équilibre qui permettent le renforcement de la sécurité humaine des communautés arctiques. D’après cette étude exploratoire, ce renforcement résulte des dynamiques relationnelles et du soutien apporté par les communautés arctiques à ces patrouilles. Le gouvernement canadien, via les patrouilles de Rangers canadiens et de Rangers Juniors canadiens, contribue donc indirectement au renforcement de la sécurité humaine de ses communautés arctiques québécoisesThis research focuses on identifying elements that can create an enabling environment for the protection of human security in Canada's Arctic communities. This study focuses on Nunavik, whose communities suffer from malaise and from many risks related to the concept of human security. To determine if this concept is applied in Canadian Arctic domestic policy, this research analyzes relational dynamics within Canadian Ranger patrols. Canadian Rangers’ patrols are composed mainly of indigenous under the responsibility of non-indigenous instructors. This exploratory research result of an analysis of a corpus of twenty-one interviews and field observations conducted in 2016 and 2017 in Quebec. According to our data, Rangers and Junior Ranger patrols function thanks to balanced relationships respecting Aboriginal culture. These balanced relationships help strengthening the human security of Arctic communities. According to this exploratory study, this reinforcement results from the relational dynamics and the support provided by the Arctic communities to these patrols. The Canadian government, through Canadian Ranger and Canadian Junior Ranger patrols, is thus indirectly contributing to the enhancement of human security in its Arctic communities in Quebec
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Henri, Dominique. "Managing nature, producing cultures : Inuit participation, science and policy in wildlife governance in the Nunavut Territory, Canada." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2cde7bcb-4818-4f61-9562-179b4ee74fee.
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In this thesis, a critical analysis is proposed of the relationships between Inuit participation, science and policy in wildlife governance in the Nunavut Territory, Canada. This analysis situates the emergence of a participatory regime for the governance of wildlife in Nunavut, explores its performance and examines the relations between the ways in which wildlife governance arrangements are currently represented in policy and how they are played out in practice across the territory. To pursue these objectives, this research draws upon a number of theoretical perspectives and methodological strategies poised at a crossroads between environmental geography, science and technology studies, political ecology and ecological anthropology. It combines participant observation, semi-directed interviews and literature-based searches with approaches to the study of actor-networks, hybrid forums and scientific practices associated with Latour and Callon, as well as with Foucauldian and post-Foucauldian analyses of power, governmentality and subjectivity. This analysis suggests that the overall rationale within which wildlife governance operates in Nunavut remains largely based on a scientific and bureaucratic framework of resource management that poses significant barriers to the meaningful inclusion of Inuit views. In spite of their participation in wildlife governance through a range of institutional arrangements, consultation practices and research initiatives, the Inuit of Nunavut remain critical of the power relations embedded within existing schemes, where significant decision-making authority remains under the control of the territorial (or federal) government, and where asymmetries persist with regard to the capacity of various actors to produce and mediate their claims. In addition, while the use of Inuit knowledge, or Inuit Qaujimajatuqangit, in wildlife governance in Nunavut has produced some collaborative research and management endeavours, it has also crystallised a divide between ‘Inuit’ and ‘scientific’ knowledge, generated unresolved conflicts, fuelled mistrust among wildlife co-management partners and led to an overall limited inclusion of Inuit observations, values and beliefs in decision-making.
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Dionne, Dee, and University of Lethbridge Faculty of Health Sciences. "Recovery in the residential school abuse aftermath : a new healing paradigm." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Health Sciences, c2008, 2008. http://hdl.handle.net/10133/736.
Full textAbstract:
This qualitative study informs the literature by bringing two perspectives together: the trauma of residential school abuse and the transpersonal viewpoint of healing. A phenomenological hermeneutic approach explored lived experiences of residential school survivors and their families. Transpersonal psychology was introduced as the focus for a new healing paradigm. The research questions ask, “What has been the lived experience of the trauma of residential school abuse” and “How are traditional and non-traditional healing practices mutually applied in the recovery process by individuals who are impacted by the residential school experience”? Five First Nations co-researchers were interviewed, the data was analyzed, coded, and a thematic analysis was undertaken from which six themes emerged. The results of this study may go on to employ this new healing paradigm to help First Nations people gain spiritual wholeness. Finally, a description and summary of research findings, limitations and implications for counselling were discussed.x, 193 leaves ; 29 cm. --
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Запотічна, Марія Іванівна. "Розвиток освіти корінних народів Канади." Diss., Національний університет "Львівська політехніка", 2020. https://ena.lpnu.ua/handle/ntb/52886.
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Hall, Charlotta. "Sanningskommission för Sveriges samer : en studie om förväntningar och andra urfolks erfarenheter på väg mot upprättelse." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305672.
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In recent years the field of reparations for indigenous peoples has increased remarkably. Past wrongs made by states in the distant past has become more important to highlight, not only because of the memories of historical injustice, but because of how the past impacts the future, and not least, still appears as structures of discrimination remaining from the past. As an indigenous people the Saami people living in Sweden have experiences of both historical injustices as well as todays struggle with discrimination on different levels. Mostly regarding their right to be a part of decisions concerning them and the right of culture, language, identity, land and nature resources, fundamental for them as a people. In order to change their situation and to search for redress the Saami people in Sweden have announced their need of a truth commission. The Saami people are not the first indigenous people whom search for redress through a truth commission, but is it possible to learn from others? With this in mind, my study aim to look at practical experiences of truth commissions in Canada and New Zealand and further, examine what the Saami people in Sweden hope to achieve with a truth commission. Thereafter, I weight other indigenous peoples experiences of a truth commission with the Saami peoples expectations to find out what keys need to be considered to increase the outcome of a truth commission. Where theory, practical experience and Saami expectations connects is where the key issues can be found. Given this, my study suggests that five different key issues must be thought through and shall not be underestimated as they may have an effect on the ongoing process as well as on the results and the aftermaths. The key issues that is suggested is as follows: 1) political will, 2) the role and engagement of Civil Society, 3) the Saami´s own involvement 4) the problem of what focus the commission should have, and 5) the awareness of “tough” questions coming up.
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Friesen, Wilbert J. "Development ethics and the Canadian North : a case study analysis of the Churchill-Nelson Rivers Hydro Diversion Project." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0018/NQ55332.pdf.
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Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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Hiltz, Tia. "Indigenous media relations: reconfiguring the mainstream." Thesis, 2014. http://hdl.handle.net/1828/5650.
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Much of the scholarly literature on Indigenous media relations frames Indigenous peoples as passive players in the mainstream media, and focuses on negative elements such as stereotypes. This thesis challenges this view, finding that Indigenous peoples in Canada actively and strategically engage with mainstream and social media as they forward their social and political agendas. This thesis provides an analysis of the counter-colonial narrative in Canada by offering a new perspective on Indigenous media relations, focusing as a case on the Idle No More movement. Emphasizing three dimensions of communication--the mainstream print media, social media, and individuals involved in Indigenous media relations--I examine the ways in which Indigenous agency and empowerment have the potential to change discourses in the media.
As sources of insight I draw on a discourse analysis of mainstream news media, a qualitative analysis of social media and on interviews with those who have significant experience in Indigenous media relations. Interviews with prominent media personalities and individuals involved in media relations (including CBC’s Duncan McCue and Janet Rogers; Four Host Nations CEO Tewanee Joseph, and others) illustrate the novel and impactful ways indigenous peoples in Canada are actively and strategically shaping the mainstream media. These representations create a more complex picture of Indigenous peoples as they counter the stereotyped or victimized media narratives within which Indigenous peoples have historically been placed.Graduate
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Toovey, Karilyn. "Decolonizing or recolonizing : indigenous peoples and the law in Canada." 2005. http://hdl.handle.net/1828/744.
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Aylwin, José Antonio. "Indigenous peoples’ rights in Chile and Canada : a comparative study." Thesis, 1999. http://hdl.handle.net/2429/9390.
Full textAbstract:
This thesis analyses the past and present realities of the rights of Indigenous peoples in
Chile and Canada from a comparative perspective.
In Chapter I, the author explains the international human rights and Indigenous peoples'
law that provide the theoretical framework behind this study. The political and territorial rights that
different international forums have acknowledged to these peoples in recent years are identified.
The methodology used in the elaboration of this study, which includes the analysis of documentary
data, the case study and the interview methods, is explained. The author describes the objective of
this study, characterizing it as applied social research aimed at providing information that can be
useful for the transformation process in which the peoples that are subject of this study are
involved.
In Chapters II and III, the author analyses the rights of Indigenous peoples in Chile and
Canada respectively from pre-contact until today. The central aspects of their pre-contact cultures
and organizations are described. The author also describes main characteristics of the relationships
that were established with Indigenous peoples by the Spanish in Chile and by the French and the
English in Canada, and later by the states in the two contexts. Special importance is given to those
changes recently introduced in the Indigenous-state relationship in both contexts, focusing on their
implications for these peoples' rights.
In Chapter IV, the author attempts to expand upon the past and present situation of the
Indigenous peoples who live in what is now Canada and Chile by including a case study related to
each context: the Pehuenche people of the Alto Bio Bio in Chile and the Nisga'a people of the Nass
Valley in Canada.
In the last Chapter of this thesis (V) the author concludes that, notwithstanding the changes
introduced in recent years in the relationship between Indigenous peoples and the Chilean and
Canadian states, many and significant problems still impede their ability to enjoy the rights they
claim. The author acknowledges, nevertheless, that Indigenous peoples in Canada, through
different means, including negotiation and litigation, have achieved a much broader recognition of
their political and territorial rights today than have the Indigenous peoples in Chile. The legal,
political, cultural and economic factors that explain these differences are also highlighted in this
final Chapter.
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McCue, Lorna June. "Treaty-making from an indigenous perspective : a ned’u’ten-canadian treaty model." Thesis, 1998. http://hdl.handle.net/2429/8320.
Full textAbstract:
This thesis argues that the Ned'u'ten, an indigenous people, have the right to decolonize
and self-determine their political and legal status at the international level. The Ned'u'ten are
currently negotiating a new relationship with Canada and are considering various treaty models
to achieve this goal. This thesis advocates principles for a peace treaty model that accomplishes
both Ned'u'ten decolonization and self-determination.
The first chapter of this thesis demonstrates that indigenous perspectives in legal culture
are diverse and not homogeneous. My Ned'u'ten perspective on treaty-making contributes to
these perspectives.
The second chapter challenges the legitimacy of the Canadian state, over Ned'u'ten
subjects and territories. This is accomplished through the rejection of dispossession doctrines that
Canada has used to justify colonial and oppressive practices against the Ned'u'ten.
Decolonization principles are prescribed in this chapter.
The third chapter takes a historical view of the right to self-determination and shows how
state practice, indigenous peoples' participation, and international scholars have attempted to
articulate the scope and content of this right in the contemporary context of indigenous self-determination.
A Ned'u'ten self-determination framework is proposed based on indigenous
formulations of the right to self-determination. Self-determination principles are also prescribed
in this chapter.
The final chapter compares two cases where indigenous peoples in Canada are attempting
to create a new relationship with the state: the James Bay Cree and "First Nations" in the British
Columbia Treaty Commission Process. This comparison will show that the degree of
participation that indigenous peoples have in implementing their rights to self-determination, will
determine the parameters of any new relationship that indigenous peoples create with the state.
Negotiating principles are prescribed for a Ned'u'ten-Canada relationship as well as a peace
treaty process to accomplish this goal.
It is my thesis that the Ned'u'ten and Canada can achieve a peaceful and balanced
relationship through the peace treaty model I propose.
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Ruru, Jacinta Arianna. "Settling Indigenous place: reconciling legal fictions in governing Canada and Aotearoa New Zealand's national parks." Thesis, 2012. http://hdl.handle.net/1828/3965.
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New directions contained in section 2(2) of the Canada National Parks Act 2000 and section 4 of Aotearoa New Zealand’s Conservation Act 1987 pose a strong challenge to the 21st century concept of the national park. Section 2(2) states: “For greater certainty, nothing in this Act shall be construed so as to abrogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act 1982”. Section 35 reads: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” In Aotearoa New Zealand, section 4 of the Conservation Act 1987 (the umbrella statute to the National Parks Act 1980) states: “This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi”. These sections demand respect for Indigenous peoples and their relationships with land encased in national parks. This challenge frames the primary questions explored in this study. They are: if there is a new commitment to recognising Indigenous peoples in law, what ought this to mean in the context of owning and managing national parks? Or, to situate the question more theoretically, and examine it through the lens of law and geography: if law made colonial space permissible, what are the implications if contemporary law recalibrates its orientation to space and belatedly recognises Indigenous place? Interwoven into exploring these core questions are themes of national identity, peoples’ connections to land, the resilience of Indigenous laws, and the power of state law to re-imagine its foundations. Legislation, case law, and national park policy plans constitute the mainstay of the primary sources for this study. This thesis concludes by observing that while significant legislative and policy movement has occurred in recognising the special relationship Indigenous peoples have with lands within national parks, the process of reimagining healthier relationships has only just begun. Law needs to shift significantly more towards recognising Indigenous place and, in turn, Indigenous knowledge systems to achieve full and final reconciliation.Graduate
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Bluesky, Kinwa Kaponicin. "Art as my kabeshinan of indigenous peoples." Thesis, 2006. http://hdl.handle.net/1828/2104.
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In my thesis, I argue that art is one way Indigenous peoples keep our laws alive in the world. The purpose of my thesis is to show the underlying connections between the role of the artist and the practice of art and the laws by which we seek to live. I draw on contemporary Indigenous art to illustrate some of those roles and responsibilities. As we share our art, our knowledge between Indigenous peoples, we are strengthening our peoples to resist the powerful effects of colonialism. At the same time we are communicating powerful law by building opportunities for future generations to live together in peace, friendship and respect.
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Coulthard, Glen Sean. "Subjects of Empire? : indigenous peoples and the "Politics of recognition" in Canada." Thesis, 2009. http://hdl.handle.net/1828/1913.
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Over the last forty years, the self-determination claims of Indigenous peoples in Canada have increasingly been cast in the language of “recognition”: recognition of Indigenous cultural distinctiveness, recognition of an Indigenous right to land and self-government, recognition of the right to benefit from the development of Indigenous territories and resources, and so on. In addition, the last fifteen years have witnessed a proliferation of scholarship which has sought to flesh-out the ethical, legal and political questions that these claims tend to raise. Subsequently, “recognition” has now come to occupy a central place in our efforts to comprehend what is at stake in contestations over identity and difference in liberal settler-polities more generally. The purpose of this dissertation is twofold. First, I want to challenge the now commonplace assumption that the colonial relationship between Indigenous peoples and Canada can be reconciled via such a politics of recognition. Second, I want to explore glimpses of an alternative politics. More specifically, drawing critically from Indigenous and non-Indigenous intellectual and activist traditions, I will explore a politics of self-recognition that is less oriented around attaining an affirmative form of recognition from Indigenous peoples’ master-other (the liberal settler-state and society), and more about critically revaluating, reconstructing and redeploying Indigenous cultural forms in ways that seek to prefigure alternatives to the colonial social relations that continue to facilitate the dispossession of Indigenous lands and self-determining authority.
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Maxwell, Krista. "Making History Heal: Settler-colonialism and Urban Indigenous Healing in Ontario, 1970s-2010." Thesis, 2011. http://hdl.handle.net/1807/29809.
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This thesis focuses on the interrelationship between Canadian colonial histories and Indigenous healing. I begin by problematising how colonialism is invoked in contemporary scholarship on Aboriginal health and healing, and arguing for more precise historical methods and a more relational understanding of colonial processes. Historicising Indigenous agency is integral to this analysis. Whilst colonial continuities in contemporary Canadian public policy discourse is an important theme, I also attend to social movements, institutions, professions, and political and economic forces beyond the state.
Indigenous healing as a socio-political movement itself has a history dating at least to the late 1960s. Urban Indigenous healing discourse is characterised by linking present-day suffering to collective historical losses, and valorizing the reclamation of Indigenous identity, knowledge and social relations. Drawing on urban Indigenous social histories from Kenora and Toronto, I consider the urban healing movement as an example of Indigenous resistance influenced by the international decolonization and North American Red Power movements, but which over time has also engaged with dominant institutions, professions, policies, and discourses, such as the concept of trauma. My analysis considers professionals and patients invoking historical trauma as political agents, both responding to and participating in broader shifts in the moral economy. These shifts have created the conditions of possibility for public victimhood to become a viable strategy for attracting attention and resources to suffering and injustice.
The thesis highlights the centrality and complexity of self-determination in urban Indigenous healing, drawing on historical and ethnographic analysis from three southern Ontario cities. I analyse how the liberal multiculturalism paradigm dominant in health policy and health care settings contributes to mental health professionals’ failure to recognise Aboriginal clients and issues. I argue that characterising pan-Aboriginal and ethno-national healing as approaches in opposition to one another produces an insufficiently nuanced analysis in the context of urban Indigenous subjectivities and social relations, where both approaches are valuable for different reasons. The thesis urges greater attention to the role of languages and local histories, and to the threat which dominant policy discourses on residential schools and mental health pose to the maintenance of distinct ethno-national histories, epistemologies and traditions in urban Indigenous healing.
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"Genocide: indigenous nations and the state of Canada." Thesis, 2014. http://hdl.handle.net/10388/ETD-2014-06-1625.
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The dissertation critiques certain developments on the legal definition of genocide while also showing how Canada has failed to comply with customary international laws. It develops the argument that the forcible transferring of Indigenous Peoples’ children into the dominating society meets the criteria set out in the Genocide Convention. The issue will be examined from a “cognitive” lens of domination and dehumanization that unpacks the destructive framework of colonialism in international law. This is necessary because the euphemistic colonial language employed to benignly characterize the destruction experienced by Indigenous Peoples’ children conceals the reality of the genocidal harm against the Original Nations in the Western Hemisphere and globally. The forcible transferring of children from one group to another group causes the collective serious bodily and mental harm onto scores of Indigenous Peoples’ children and ultimately Indigenous Nations as human groups. This violates articles 2 (b) and (e) of the Convention. The Canadian Criminal Code and the limited definition of genocide are integral to the colonial oppressive relationship in international law. This thesis has two objectives, first, to name and describe the experience of genocide experienced by Indigenous Peoples. Second, the thesis analyzes whether the Canadian state has violated the Genocide Convention.
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Shrubb, Rebecca. "“Canada has no history of Colonialism.” Historical Amnesia: The Erasure of Indigenous Peoples from Canada’s History." Thesis, 2014. http://hdl.handle.net/1828/5778.
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Over the past decade, the Ontario Ministry of Education has committed to increase relevant teaching material for Indigenous students. While seemingly significant, a mere “increase” in “Indigenous content” is not enough to combat the racist and colonial mentality inherent within the Ontario history curriculum. Canadian history is steeped with idealistic, imperialist discourses organized around keywords such as peacekeeping and multiculturalism, as well as progress, development, identity, and nation building. The latter serve to not only erase, but also to legitimize the atrocities of Canada’s colonial past. At the 2009 G20 meeting, Prime Minister Stephen Harper stated, “Canada has no history of colonialism.” In keeping with scholars such as Smith and Alfred and Corntassel, I argue that not only does Canada have a history of colonialism, but the mainstream curriculum must be decolonized if Canada is to move towards an equal and just society. The theory guiding this research is decolonial theory. In addition, Fairclough’s conceptualization of Systematic Textual Analysis provides the methodological basis for this project. I analyse three textbooks approved by the Ontario Ministry of Education for the grade ten history curriculum, as well as supplementary curriculum documents. Considering two objectives, change and a colonial mentality, I find only modest change between 2000, 2006, and 2008 in Indigenous content in the curriculum. Further, a colonial mentality continued to be deeply entrenched within all three textbooks and the history curriculum itself. This research seeks to open up the questions and responsibilities pertaining to the wrongs of the past and contribute to the burgeoning field of decolonized knowledges and education.Graduate
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Walkem, Ardith Alison. "Bringing water to the land : re-cognize-ing indigenous oral traditions and the laws embodied within them." Thesis, 2000. http://hdl.handle.net/2429/16800.
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This is a study of whether, in the introduction of Indigenous oral traditions as
evidence in court, they are being in the complex cultural interplay that occurs in courts, and
whether, given the central role of oral traditions in Indigenous cultures, the nature of
Indigenous Peoples are being transformed in the process when their rights are adjudicated
before the courts. Chapter 2 discusses the ways that the Supreme Court of Canada has
defined s. 3 5 Aboriginal Title, Rights and Treaty Rights (as unlimited or lawless and
therefore a danger to general public interests; assimilated into Canadian sovereignty;
removing the source of these rights from the land in their legal definition; and, removing
Indigenous laws from their definition). Chapter 3 examines the role that history has played
in the legal interpretation of oral traditions, and argues that a primarily historical
consideration obscures the alive, legal, and dynamic elements of oral traditions. Chapter 4
discusses the ways in which a methodology of suspicion has operated to reduce and diminish
Indigenous oral traditions when they are introduced as evidence in court (rating them as
faulty, light weight historic evidence while obscuring their legal content) through a survey of
cases that have considered oral traditions at the trial level. Chapter 5 explores the
devaluation of the Indigenous laws contained in oral traditions through an acceptance of the
common sense assumption that Canadian conservation and safety laws are both rational and
necessary. Chapter 6 argues that recognition (or denial) of Indigenous laws is politically
contingent, and that despite limited legal recognition (in cases such as Delgamuukw v. B.C.
and R. v. Van der Peef), these laws have yet to flow back onto the land, and are yet to be
invigorated in Canadian law. There remains a lack of recognition of the legal content of oral
traditions, and Indigenous jurisprudences risk being subsumed and transformed when they
are introduced as evidence in Canadian courts.Law, Peter A. Allard School of
Graduate
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Schiffer, Jeffrey J. "Feathers, Beads and False Dichotomies: Indigenizing Urban Aboriginal Child Welfare in Canada." Thesis, 2014. https://doi.org/10.7916/D8251GQZ.
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This dissertation explores historical processes and daily practices of indigenization within the context of British Columbia's model for delegating Aboriginal agencies for child and family services. This research draws from historical data, examining the ways in which contemporary indigenization within Aboriginal child welfare is shaped by Canada's colonial past- most notably, the historical relationship between the Indian Residential School System and Aboriginal child welfare in Canada. Grounded in indigenous methodologies, research practice, and critical theory, this dissertation queries indigenization within the Pacific Aboriginal Child Welfare Association (PACWA). This dissertation explores the complexity of the urban setting in which PACWA operates, providing case studies of daily practices of indigenization within the association, considering the roles of Aboriginal Elders and Knowledge Keepers throughout this process, and arguing for the need to reframe urban Aboriginal child welfare in Canada. This dissertation asserts that Indigenization at PACWA is making significant differences in the lives of children and families involved in Aboriginal child welfare and that Aboriginal families continue to have their children removed at alarming rates most often because they are living in the aftermath of colonization, amidst contemporary conditions that continue to marginalize Aboriginal peoples. Indigenization is a process that can and is being achieved within the context of child welfare in British Columbia today. It is a process connected to Aboriginal sovereignty, self-government, identity and mainstream-Aboriginal relations. It is also a process that is making significant impacts in the lives of those connected to Aboriginal child welfare (Aboriginal and otherwise), while simultaneously being challenged by the structural inequalities and political eddies that continue to marginalize urban Aboriginal peoples. This research demonstrates that successful indigenization practice, at the level of large organizations such as PACWA, requires that various levels of Canadian government view them as true partners in a project of decolonization and indigenization. This requires a recognition and honouring of history and diversity of Aboriginal peoples in Canada, validated by means of mutual respect and sharing power.
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Harland, Fraser. "From recognition to agonistic reconciliation: a critical multilogue on Indigenous-settler relations in Canada." Thesis, 2012. http://hdl.handle.net/1828/4384.
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Theories of recognition, once seen as a promising approach for addressing the politics of difference and identity, have recently faced a sustained critique. This thesis participates in that critical project by confronting two recognition theorists – Charles Taylor and Nancy Fraser – with the injustices of colonialism in Canada as articulated by Indigenous scholars, particularly Dale Turner. The resultant critical multilogue highlights the shortcomings in each theory, but also points to their key strengths. These insights inform a discussion of agonistic reconciliation, a concept that transcends the limits of the recognition paradigm and offers hope for more just relations between Indigenous peoples and settlers in Canada.Graduate
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McGowan, Katharine Albertine. "“We are wards of the Crown and cannot be regarded as full citizens of Canada”: Native Peoples, the Indian Act and Canada’s War Effort." Thesis, 2011. http://hdl.handle.net/10012/6301.
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The First World War left few untouched on Canada’s Native reserves: many councils donated money to war funds, thousands of men enlisted and their families sought support from the Military and war-specific charities, and most became involved in the debate over whether Native men could be conscripted and the implications that decision could have for broader Native-government relations. Much of the extant literature on Native participation in the war has paired enthusiastic Native engagement with the Canadian government’s shabby treatment. However, in many different ways and with many different goals, Native peoples achieved significant success in determining the parameters of their participation in the war. Yet, the resolution of these debates between Native peoples and the Canadian government, specifically the Department of Indian Affairs, inadvertently (from the Native perspective) cemented the Indian Act’s key role in Native peoples’ lives, displacing other foundational agreements and traditional organizational principles of reserve life. Native peoples’ varied participation in the First World War paradoxically saw Natives temporarily take control of their relationship with the Canadian government, but in the end brought them more completely under the authority of the Department of Indian Affairs.
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Quirt, Lyanne. "The universe and my brain in a jar: Canadians, universities, and Indigenous Peoples." Thesis, 2008. http://hdl.handle.net/1828/923.
Full textAbstract:
During the last decade, the University of Victoria (UVic) in British Columbia, Canada
has developed several policies that aim to recruit and retain Indigenous students. UVic is a leader in a wider Canadian trend of encouraging Indigenous youth to complete high
school and pursue post-secondary education, but ensuring that universities are safe spaces for Indigenous peoples and Indigenous knowledge is a significant challenge, particularly given the historical roles that universities have held in colonisation. Universities’influence extends beyond their campuses, as the majority of Canadian business, media, and political leaders train in universities. If universities are to develop a positive relationship with Indigenous peoples, then, one must also consider the kind of education that non-Indigenous students receive. This thesis draws together the work of Indigenous
and non-Indigenous scholars, using UVic as a case study, to examine Indigenousuniversity
relationships, discussing both positive developments and areas for improvement.
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Jacobs, Madelaine Christine. "ASSIMILATION THROUGH INCARCERATION: THE GEOGRAPHIC IMPOSITION OF CANADIAN LAW OVER INDIGENOUS PEOPLES." Thesis, 2012. http://hdl.handle.net/1974/7557.
Full textAbstract:
The disproportionate incarceration of indigenous peoples in Canada is far more than a socio-economic legacy of colonialism. The Department of Indian Affairs (DIA) espoused incarceration as a strategic instrument of assimilation. Colonial consciousness could not reconcile evolving indigenous identities with projects of state formation founded on the epistemological invention of populating idle land with productive European settlements. The 1876 Indian Act instilled a stubborn, albeit false, categorization deep within the structures of the Canadian state: “Indian,” ward of the state. From “Indian” classification conferred at birth, the legal guardianship of the state was so far-reaching as to make it akin to the control of incarcerated inmates. As early iterations of the DIA sought to enforce the legal dominion of the state, “Indians” were quarantined on reserves until they could be purged of indigenous identities that challenged colonial hegemony. Reserve churches, council houses, and schools were symbolic markers as well as practical conveyors of state programs. Advocates of Christianity professed salvation and taught a particular idealized morality as prerequisites to acceptable membership in Canadian society. Agricultural instructors promoted farming as a transformative act in the individual ownership of land. Alongside racializing religious edicts and principles of stewardship, submission to state law was a critical precondition of enfranchisement into the adult milieu. When indigenous identities persisted, children were removed from their families and placed in residential schools for intensive assimilation. Adults and children deemed noncompliant to state laws were coerced through incarceration. Jails were powerful symbols of the punitive authority of the Dominion of Canada. Today, while the overrepresentation of Aboriginal persons in prisons is a matter of national concern, and critiques of systematic racism dismantle ideologies of impartial justice, the precise origins of indigenous imprisonment have not been identified. The DIA was so intimately invested in assimilation through incarceration that lock-ups were erected with band funds on “Indian lands” across Canada. Archival documents and the landscape of Manitoulin Island make this legal historical geographical analysis of assimilation through incarceration possible.Thesis (Ph.D, Geography) -- Queen's University, 2012-09-28 14:23:08.969
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Morou, Karimou. "Différence dans la qualité de l’alimentation en relation au risque d’excès de poids chez des populations autochtones canadiennes." Thèse, 2008. http://hdl.handle.net/1866/2702.
Full textAbstract:
L‘obésité constitue un problème de santé publique au Canada, particulièrement chez
les populations autochtones où les prévalences les plus élevées ont été rapportées.
D’après les écrits recensés, plusieurs méthodes ont été essayées pour étudier la relation entre l’alimentation et l’obésité, mais les résultats sont inconstants.
Le but de cette thèse est d’identifier, en termes quantitatif et qualitatif, les différences dans l’alimentation des obèses et non-obèses. Pour y parvenir, nous avons développé une nouvelle méthode à l’aide d’une banque de données portant sur les enfants Mohawk de Kahnawake afin d’identifier les différences dans les choix alimentaires.
Cette même méthode a été ensuite appliquée à deux autres banques de données (celle
des adultes cris de la Baie James et celle des autochtones de l’enquête ESCC 2.2).
Globalement, les résultats n’ont pas montré de différences significatives dans
l’alimentation des participants selon les catégories d’IMC en considérant les
indicateurs reliés à la quantité et à la qualité de l’alimentation comme l’apport
énergétique total, l’apport énergétique en provenance des lipides, les fibres
alimentaires, la densité énergétique et la diversité alimentaire.
Par contre, les résultats de la nouvelle méthode fondée sur la sélection des items
alimentaires fréquemment consommés par au moins 10 % des participants ont révélé que les enfants de Kahnawake à risque d’excès de poids consommaient plus fréquemment de croustilles (p=0.001) et moins fréquemment de craquelins que les enfants avec excès de poids ou ceux ayant un poids normal (p=0.015). Ensuite, en prenant la catégorie de poids normal comme référence, le rapport de côte (Odds ratio : OR) d’être à risque d’excès de poids était de 2.16 (95 % IC : 1.14 - 4.09) fois plus élevé chez les enfants de Kahnawake qui consommaient plus fréquemment de croustilles comparativement aux non-consommateurs de croustilles, et ce, après ajustement pour l’âge. Par contre, le rapport de côte d’être à risque d’excès de poids diminuait de 79 % (OR = 0.21; 95 % IC : 0.06 – 0.72) chez les enfants consommateurs de craquelins comparativement à leurs homologues non-consommateurs. Après avoir corrigé les quantités pour l’âge, on note que les enfants avec excès de poids
consommaient plus de frites que les enfants à risque d’excès de poids ou ceux ayant un
poids normal (p = 0.027).
Chez les femmes cries, les résultats de la nouvelle méthode ont montré que le colorant
à café était associé à un risque élevé d’obésité (OR = 4.64, 95 % IC : 1.04 - 0.54);
alors que le lait faible en matières grasses était associé à un moindre risque
d’embonpoint (OR = 0.38, 95 % IC : 0.17 - 0.82), après ajustement pour l’âge. Quant
aux hommes cris, le lait entier était associé à un moindre risque d’avoir de
l’embonpoint (OR ajusté pour l’âge = 0.38, 95 % IC : 0.20 - 0.71) et, en termes de
quantité corrigée pour l’âge, les hommes obèses buvaient plus de boissons sucrées aux
fruits comparativement aux hommes de poids normal ou ceux ayant de l’embonpoint
(p=0.015).
Selon les résultats de cette méthode appliquée aux données de l’enquête ESCC 2.2, les garçons à risque d’excès de poids ou avec excès de poids consommaient moins
fréquemment de pain blanc que ceux de poids normal (p=0.048). En termes de
quantité toutefois, ils consommaient plus de pain blanc (p=0.040), utilisaient plus de
farine de blé (p=0.006) et de levure (p=0.002). Après avoir ajusté les quantités
consommées pour l’âge et l’indice d’activité physique, les femmes avec embonpoint
ou obèses utilisaient plus de farine de blé (p< 0.001) que leurs homologues de poids
normal. Chez les hommes, il n'y avait pas de différences ni dans les fréquences de
consommation ni dans les quantités consommées. Concernant les filles, leurs apports alimentaires n'étaient pas valides (facteur d'activité de Goldberg < 1.2 dans la
catégorie embonpoint / obèse).
Les résultats de cette méthode innovatrice pourraient d’une part, permettre d’axer la
sensibilisation sur des aliments particuliers en plus des recommandations générales du Guide Alimentaire Canadien. D’autre part, ils nous renvoient aux données biologiques de laboratoire afin d’identifier les composantes des items susceptibles de contribuer au développement de l’obésité.Obesity is a public health problem in Canada, particularly among Aboriginal populations where the highest prevalences have been reported. In the literature, several methods have been tried to study the relationship between diet and obesity, but results are inconsistent. The objective of this thesis is to identify differences in selected dimensions of diet quality and quantity across body mass index (BMI) categories for Aboriginal children and adults in Canada. To achieve this goal, we developed a new method by using data from Mohawk children in Kahnawake. The same method was then applied to two other datasets (James Bay Cree adults and off-reserve adults and children from CCHS 2.2). Overall, in each dataset, the results showed no differences in the diets of participants considering indicators such as energy intake, percent fat, fiber intake, energy density and dietary diversity. On the contrary, using the new method based on the most-frequently consumed food items by at least 10% of participants, we found that Mohawk children “at risk of overweight” consume potato chips more frequently (p=0.001) and crackers less frequently (p = 0.015), compared to normal-weight or overweight children. Compared to normal-weight, and after adjusting for age, Mohawk children who consumed more frequently chips increased their probability of being at risk of overweight (Odds ratio : OR = 2.16, 95 % CI : 1.14 - 4.09), while those who consumed crackers more frequently decreased their risk (OR = 0.21; 95 % CI : 0.06 – 0.72). In terms of quantity, and after adjusting for age, overweight children consumed larger portions of french fries (p = 0.027).Among the Cree women (compared to normal-weight, and after adjusting for age), we found out that nondairy creamer was associated to increase risk of being obese (OR = 4.64, 95 % CI : 1.04 - 20.54) while low-fat milk was associated to lower risk of overweight (OR = 0.38, 95 % CI : 0.17 - 0.82). Among Cree men, (after adjusting for age), whole milk was associated to a high risk of the men being overweight (OR = 0.38, 95 % CI : 0.20 - 0.71). Finally, in terms of quantity (after adjusting for age), obese men drank more sweetened fruit drinks compared to men of normal weight or those with overweight (p = 0.015). In the third dataset CCHS2.2, results of the new method show that boys at “risk of overweight” or overweight consumed white bread less frequently (p = 0,048) but in greater quantity when they do so (p = 0,040). They also used more flour (p = 0.006) and yeast (p = 0.002). After adjusting the quantities consumed for age and physical activity, women with overweight or obese used more flour (p < 0.001) than those of normal weight. No differences were found in terms of frequency and quantity for men. The data were not analysed for girls since their Goldberg activity factor was less than 1.2 with greater body weight. The results of this new method could, on one hand, allow us to focus awareness on foods in addition to general recommendations of the Canadian Food Guide. On the other hand, they refer us back to laboratory data to identify components of items that may contribute to the development of obesity.
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Sabiston, Leslie James. "Fetal Alcohol Spectrum Disorder and the Fear of Indigenous (dis)Order: New Medico-Legal Alliances for Capturing and Managing Indigenous Life in Canada." Thesis, 2021. https://doi.org/10.7916/d8-g3z4-9x21.
Full textAbstract:
While accounting for less than 5 percent of the Canadian population, Indigenous peoples represent more than 30 percent of the federal prison population of Canada. In a prairie province like Manitoba the numbers are even more extreme, with over three-quarters of the prison population being Indigenous. This contemporary “Indian Problem” has been theorized in recent decades as an outcome of the colonial history of Canada. Indigenous Studies scholarship has critiqued the temporal political imaginary of the subsequent reconciliation discourse that locates colonial violence, and, thus, culpability and responsibility of the Canadian state, to an ‘event’ of history. Such national stories not only diminish the interrogation of ongoing structures of colonial violence but relegate any meaningful political processes of accountability and justice to the dustbin of history. This ‘legacy’ framework of historicizing colonial violence has created fecund conditions for (re)apprehending Indigenous bodies at the junctures of legal and medical reasoning, where questions of punishment, containment and rehabilitation for criminal actions become uneasily blurred with questions of healing and repair of damaged bodies and minds.
The uptake of ‘Fetal Alcohol Spectrum Disorder’ (FASD) in the Canadian justice system in recent decades operates precisely at this juncture of treating Indigenous peoples as uniquely medicalized, or disabled, criminals, and has created further capacities for deepening this ‘legacy’ framework for apprehending and containing Indigenous peoples as offenders, or even as potential offenders of a social and legal order. FASD is an umbrella term describing the range of lifelong physical, mental, behavioral and learning disabilities that can occur in an individual who was exposed to alcohol while in utero. It is typically thought of as a neurocognitive disability that affects memory, executive reasoning, and the ability to learn from or think consequentially about one’s actions. As such, it has become a broad institutional discourse for predicting criminal behaviors through a medicalized conception of risk of violence. FASD is typically raised as an ethical problem in the criminal justice system, provoking important questions as to whether we punish crimes (for which one is culpable) or disabilities (for which one is not). In addition, if FASD represents a permanent neurocognitive disability without any hope of cure, how should the rehabilitative and reintegrative tenets of the criminal code be imagined and implemented? These problems are compounded further by the regular speculation that Canada is in the midst of a hitherto unknown epidemic of this “invisible disorder” of FASD. Important as these ethical and political problems are, the dissertation argues that the specific institutional urgency surrounding the medicalization of criminal offenders with FASD has been enabled by diagnostic logics of deferral and certainty that pertains to the “Indian Problem.” These logics allow FASD to relocate and bury questions of colonial responsibility within the Indigenous body itself which is tragically doomed to permanent brain damage and cognitive disorder and an incorrigible lifestyle of dysfunction and crime. The ‘colonial legacy’ predicates a foreclosure on Indigenous futurity.
This dissertation is based on 24 months of fieldwork in a non-profit community outreach program for justice-involved individuals with FASD in Winnipeg, Manitoba. As an FASD community outreach worker, my job was to assist individuals to navigate the complexities of criminal justice and social welfare systems that might pose challenges to those with cognitive disabilities associated with FASD. I learned very quickly, however, that actors as diverse as lawyers, probation officers, doctors, social workers, FASD researchers and even my community outreach colleagues and supervisors, operated within a diagnostic imaginary that quite often assumed without proof the presence of an FASD diagnosis for our almost exclusively Indigenous clientele. The dissertation analyzes the everyday procedures of FASD knowledge formation and circulation beginning with a basic ethnographic question: how does one know that another has FASD? This line of questioning was situated within the broad institutional apparatus of the criminal justice system in Canada, which I examine thematically and temporally as four separate stages of encounter: 1) the initial crime and related discourses of accusation; 2) the trial setting; 3) the sentencing trial; and, finally, 4) the post-carceral release phase. This temporal framework emerged naturally out of my experience of ethnographic work as a community outreach worker and innumerable casual and professional encounters with social workers, slum landlords, and my many hours spent in courts, probation offices, and jail visitations. In addition, I had a four-month placement with an assessment team at an FASD diagnostic clinic and did extensive work in the archive of legal cases and decisions pertaining to Indigenous offenders and the unique problematic of FASD in the legal system. Breaking down the minute social and legal details that attend to determinations of FASD at these various stages unmasks the ways in which FASD comes to explain Indigenous criminality as a congenital condition that is an expression of biological and cultural dysfunction, while strategically ignoring any examination of ongoing structures of colonial violence.
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Sharma, Parnesh. "Aboriginal fishing rights, Sparrow, the law and social transformation : a case study of the Supreme Court of Canada decision in R. v. Sparrow." Thesis, 1996. http://hdl.handle.net/2429/4659.
Full textAbstract:
Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a
variety of responses ranging from the positive to hostile. In British Columbia, fish is big
business and it is the fourth largest industry in the province. The stakes are high and the
positions of the various user groups and stakeholders are clearly demarcated. The fight over fish
has pitted aboriginal groups against other aboriginal groups as well as against the federal
government and its department of fisheries and oceans - however, the fight becomes vicious,
underhanded, and mean spirited when the aboriginal groups are matched against the commercial
industry.
In an attempt to even the odds the aboriginal peoples have turned to the courts for
recognition and protection of what they view as inherent rights - that is a right to fish arising out
of the very nature of being an aboriginal person. Up until the Supreme Court of Canada decision
in R. v. Sparrow aboriginal rights had been virtually ignored by both the courts and the state.
However Sparrow changed all that and significantly altered the fight over fish. And that fight
has become a virtual no-holds barred battle.
The Sparrow decision remains to this day one of the most important Supreme Court
decisions pertaining to aboriginal rights. This thesis is a case study of Sparrow - it will examine
the decision from a perspective of whether subordinate or disadvantaged groups are able to use
the law to advance their causes of social progress and equality. The thesis examines the status and nature of aboriginal fishing rights before and after the
Sparrow decision. The thesis will examine whether the principles of the decision have been
upheld or followed by the courts and the government of Canada. Data will consist of interviews
with representatives of the key players in the fishing industry, namely, the Musqueam Indian
Band, the Department of Fisheries and Oceans, and the commercial industry.
In brief, the findings of my research do not bode well for the aboriginal peoples - the
principles of the Sparrow decision have not been followed by the government of Canada and
aboriginal fishing rights remain subject to arbitrary control. The thesis will examine why and
how this happened.
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Papillon, Martin. "Federalism From Below? The Emergence of Aboriginal Multilevel Governance in Canada. A Comparison of the James Bay Crees and Kahnawa:ke Mohawks." Thesis, 2008. http://hdl.handle.net/1807/17308.
Full textAbstract:
Using the language of rights and national self-determination, Aboriginal peoples have mounted a fundamental challenge to Canadian federalism in the past forty years. In order to move beyond the imposed structure of colonial governance, Aboriginal peoples have sought to establish their own form of federal relationship with contemporary Canadian governments and society. While much attention has been devoted to the constitutional and legal dimensions of Aboriginal challenges to state authority, this thesis argues that incremental yet fundamental changes are also taking place in the less visible but nonetheless important arena of policy-making. Aboriginal claims for greater political recognition, combined with the redefinition of the role of the state associated with neoliberal ideas, have led to the emergence of multilevel governance practices between Aboriginal governing authorities and their federal and provincial counterparts. While they do not alter the formal nature of state authority as defined in the constitution, multilevel policy exercises are characterized by growing interdependencies between Aboriginal and non-Aboriginal governing actors, leading to a partial displacement of formal rules of authoritative decision-making in favor of joint decision-making processes and negotiated solutions to policy disputes. Building on comparative analyses of the transformations in the governance regimes of the James Bay Crees and Kahnawa:ke Mohawks, this thesis argues that these multilevel exercises can become transformative spaces for Aboriginal peoples to reshape their relationship with the state and establish themselves as representatives of distinct political communities with their own sources of authority and legitimacy independent of federal and provincial parliaments. As a result, I argue a new form of federalism may well be emerging not through constitutional negotiations or treaty-making exercises, but from below, in everyday practices of governance.
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Parker, Leanna. "Re-conceptualizing the traditional economy: indigenous peoples' participation in the nineteenth century fur trade in Canada and whaling industry in New Zealand." Phd thesis, 2011. http://hdl.handle.net/10048/1804.
Full textAbstract:
Contemporary resource use on Indigenous lands is not often well understood by the general public. In particular, there is a perception that traditional and commercial resource use are mutually exclusive, and therefore there is often an assumption that Indigenous communities are abandoning their traditional economy when they participate in the commercial sector of the larger regional economy. This perceived tension between traditional and commercial resource use is caused in part by a limited understanding of the participation of Indigenous peoples in commercial industries historically and the subsequent process of the commercialization of some aspects of Indigenous peoples pre-contact economies.
This dissertation examines the seasonal cycle of activities and the patterns of consumption and production of the Indigenous peoples who participated in the fur trade at Ile a la Crosse in northwestern Saskatchewan and the whaling industry at the Otakou shore station in southern New Zealand. A systematic analysis of the daily journals and accounting records kept by company employees in these two regions demonstrate that participation in these industries allowed the Indigenous economies to be transformed from pre-contact times. While this participation did not completely subsume the Indigenous economies, the changes that were made created a need for the Indigenous people to continue accessing the European-style goods that had been incorporated into their livelihoods, a need that was exacerbated as local resources declined as a result of over-use.
Thus, there is a need to re-conceptualize what is generally thought of as the traditional economy. The traditional economy in contemporary Indigenous communities is often perceived as an Indigenous approach to resource use that has changed little, except perhaps in the technology used, from pre-contact times. This dissertation, however, clearly demonstrates that participation in commercial industries historically encouraged the adaptation of Indigenous economies in response to changing opportunities and circumstances. It becomes clear then that the so-called traditional economy of today, is an Indigenous economy that has already been shaped and influenced by participation in historical commercial economies. Understanding the adaptability of Indigenous economies has important implications for economic development initiatives in Indigenous communities today.Comparative Indigenous Economic History
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Lock, Ineke Catharina. "Creating fragile dependencies: corporate social responsibility in Canada and Ecuador." Phd thesis, 2011. http://hdl.handle.net/10048/1889.
Full textAbstract:
Discussion around the concept of Corporate Social Responsibility (CSR) re-intensified in the 1990s as a response to the increasing power of large corporations, the regulatory vacuum left by neoliberal market deregulation and the changing nature of the state in the context of globalization. This dissertation analyzes the constitution of CSR, grounded in political economy and situated in the context of globalization, and identifies CSR as a constitutive element of global governance. Claims made about the potential business contribution to social and economic development in developing regions are largely unsubstantiated and little is known about the impact of CSR on the people it is supposed to benefit. Mainstream literature strips CSR from its context and assumes that practice can be standardized and the results quantified. The qualitative case study analyzes the contextual practice and impact of CSR activities by EnCana Corporation, Canada’s largest independent oil and gas company, on Indigenous peoples and settler communities in Ecuador, and on the Dene Tha’ First Nation in Canada. Analysis of EnCana’s definition and implementation of CSR reveals a conflicting narrative, attempting to reconcile competitive capitalism with broad moralistic principles and ethics. Corporate culture prioritized the business case and the assumption that triple bottom line goals are compatible and mutually reinforcing. Findings from the case study demonstrate that corporate ideology remained constant across the company’s operations in the two countries, allowing adaptation of its CSR practices only within a certain range of possibilities. The case study provides evidence that EnCana Corporation had to adapt its CSR practice in response to specific articulations of local social-economic and political contexts. Specifically, CSR practices responded first, to national development goals and state capacity; and second, to Indigenous and communal resources and strategies. The findings further suggest that CSR practice creates fragile dependencies, subjecting social, ecological and social justice objectives to economic imperatives. Two important processes contribute to the creation of fragile dependencies. First, at the business-society interface, citizens are conceptualized as stakeholders; second, participation in decision-making becomes institutionalized as a limited form of consultation, often delegated to project proponents, without sufficient involvement of the state.
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McGregor, Cara. "From theory to practice : the Canadian courts and the adjudication of (post-modern) identities." Thesis, 2004. http://hdl.handle.net/2429/15766.
Full textAbstract:
In this work, I introduce the concept of identity, outline its importance, and argue in
favour of a post-modem conception of identity, underpinned by the principles of
contestation, anti-essentialism and hybridity. This notion of identity, which is supported
by both theoretical and case evidence, is in tension with the practices of the courts, which
are often asked to make determinations that impact identities. The court's conventions
and practices privilege a modernist notion of identity; given these restrictions, how are
post-modern identities, such as the Metis, to be recognized? Using the case ofK v.
Powley, / explore the possibilities and openings for a post-modern concept of identity to
be realized in the courts. While there are conflicts and restrictions, judges, courts and the
law demonstrate sufficient flexibility to allow for post-modern principles to be realized. I
conclude by arguing that the courts should go further in developing a post-modern
conception of identity in their work, and explore the issues and implications of doing so. I
also reflect on the broader question this work presents, namely the role of the law and the
possibilities for change therein.Arts, Faculty of
Political Science, Department of
Graduate
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Goyette, Ashley. "A qualitative study into how 'mainstream', undergraduate social work education in the Maritime Provinces of Canada prepares social work student to work with Indigenous Peoples." Thesis, 2018. https://dspace.library.uvic.ca//handle/1828/9676.
Full textAbstract:
This study focused on how mainstream, social work education in the Maritime provinces prepares social workers to work with Indigenous peoples. This study adhered to principles of decolonization and Indigenous ways of researching. Five undergraduate, social work educators were interviewed using open-ended questions and a conversational interviewing style. An interview guide was used, and the broader research questions looked at what is being taught about Indigenous histories, politics, policies, research, cultures and worldviews, how it is being taught and who is teaching it?
This study used thematic analysis to identify common themes in the data and themes which were interesting to the overall research questions. Themes identified were history, research as change, eurocentrism & deconstruction, allies, classroom as community and Indigenizing and decolonizing. This study implicated important roles for the schools of social work, social work educators, provincial associations and the Canadian Association for Social work education in addressing the multi-generational trauma caused by colonization and oppression of Indigenous peoples. It was concluded that for this to be successful, there is need for more support in the schools of social work for both Indigenous educators and non-Indigenous allies.Graduate