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1
Chen, Shih-Yu. "Representing indigenous peoples of Taiwan : the role of museums." Thesis, University of Birmingham, 2017. http://etheses.bham.ac.uk//id/eprint/7801/.
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This thesis situates the issue of representing minority groups in the debate over the role of museum spaces in the contemporary society. In particular, the thesis explores the shifting relationships between the indigenous peoples and the wider Taiwanese society which is considered to be influential in forming indigenous representations. I conducted fieldwork in case-study museums, which are considered to be leading museums that are more resourceful and influential, and places beyond museum spaces, such as local cultural centres, indigenous communities and public occasions. In this thesis, I suggest that indigenous representations cannot be understood without considering the power relationships between the represented subjects and their surrounding parties, for example, colonial history and political changes. Because of the nature of museums, this thesis has shown that although there are limitations of museum representations, museums still play a symbolic role in Taiwanese society. I also expanded my examination of indigenous representations beyond museum spaces. I discovered that compared to museum representations, these representations are more responsive to the needs of both indigenous peoples and their audience. I also argued that although indigenous peoples obtain a greater autonomy in self-representing, internal power relationships and hierarchy also play a critical role in these self-representations.
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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.
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Jessiman, Stacey Rae. "Understanding and resolving cultural heritage repatriation disputes between indigenous peoples and museums." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/51635.
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Disputes between Indigenous peoples and Western museums over repatriation of cultural heritage involve numerous complex issues -- legal, ethical, historical, cultural, spiritual, political and economic, among others – that necessitate a particularly thoughtful approach to resolving such disputes. Resolution of such disputes by negotiation or other alternative dispute resolution (“ADR”) processes should not involve simply finding quick, theoretically “win-win” solutions such as replicas or loans. Because these disputes often involve complex issues such as traumatic colonial injustices and profound differences in cultural values and dispute resolution paradigms, the dispute resolution process must involve a period of exploration and acknowledgement of such issues and differences by the parties, which I term “Relationship Building”, as a necessary precursor to any stage of problem-solving. By analysing the negotiations between various Western museums and the Kwakwaka’wakw and Haisla First Nations of British Columbia, Canada over the repatriation of cultural objects removed from their traditional territories by colonial forces in the early 20th century, this thesis seeks to demonstrate how engaging in a stage of Relationship Building early in the negotiation process is key to ensuring the parties understand their dispute holistically and experience a constructive, not destructive, process and outcome.Law, Faculty of
Graduate
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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.)
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Dickenson, Rachelle. "The stories told : indigenous art collections, museums, and national identities." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98919.
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The history of collection at the National Gallery of Canada, the Art Gallery of Ontario and the Montreal Museum of Fine Arts, illustrates concepts of race in the development of museums in Canada from before Confederation to today. Located at intersections of Art History, Museology, Postcolonial Studies and Native Studies, this thesis uses discourse theory to trouble definitions of nation and problematize them as inherently racial constructs wherein 'Canadianness' is institutionalized as a dominant white, Euro-Canadian discourse that mediates belonging. The recent reinstallations of the permanent Canadian historical art galleries at the National Gallery of Canada, the Art Gallery of Ontario and the Montreal Museum of Fine Arts are significant in their illustration of contemporary colonial collection practices. The effectiveness of each installation is discussed in relation to the demands and resistances raised by Indigenous and non-Native artists and cultural professionals over the last 40 years, against racist treatment of Indigenous arts.
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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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Mattson, Linda Karen. "Examination of the systems of authority of three Canadian museums and the challenges of Aboriginal peoples." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq25108.pdf.
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Dartt-Newton, Deana Dawn 1966. "Negotiating the Master Narrative: Museums and the Indian/Californio Community of California's Central Coast." Thesis, University of Oregon, 2009. http://hdl.handle.net/1794/9926.
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xvi, 307 p. : ill., maps. A print copy of this thesis is available through the UO Libraries. Search the library catalog for the location and call number.In California, third and fourth grade social science curriculum standards mandate an introduction to Native American life and the impacts of Spanish, Mexican, and "American" colonization on the state's indigenous people. Teachers in the state use museums to supplement this education. Natural history and anthropology museums offer programs for teaching third graders about native pre-contact life, while Missions and regional history museums are charged with telling the story of settlement for the state's fourth graders. Clearly, this fact suggests the centrality of museums and Missions to education in the state. Since only one small tribe on the central coast has federal recognition, non-tribal museums are the only public voice about Indian life. These sites however, rarely address hardships experienced by native people, contributions over the past 150 years, the struggles for sovereignty in their homelands, and a variety of other issues faced by living Indian people. Instead, these sites often portray essentialized homogenous notions of Indiamless which inadvertently contribute to the invisibility of coastal Native peoples. This dissertation analyzes visual museum representations in central coast museums and Missions and the perspectives oflocal Native American community members about how their lives and cultures are portrayed in those museums. Using methods of critical discourse analysis, the dissertation seeks to locate discontinuities between the stories museums tell versus the stories Indian people tell. It addresses these ruptures through a detailed analysis of alternative narratives and then offers suggestions to museum professionals, both in California and elsewhere, for incorporating a stronger native voice in interpretive efforts.
Committee in charge: Dr. Lynn Stephen, Co-chair; Dr. Brian Klopotek, Co-chair; Dr. Jon M. Erlandson; Dr. Shari Huhndorf; Roberta Reyes Cordero
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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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Onciul, Bryony Annette. "Unsettling assumptions about community engagement : a new perspective on Indigenous Blackfoot participation in museums and heritage sites in Alberta, Canada." Thesis, University of Newcastle Upon Tyne, 2012. http://hdl.handle.net/10443/1401.
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In post-colonial nations such as Canada, sharing power and authorship is increasingly used as a strategy by museums to attempt to pluralise, democratise and decolonise relations with, and representations of, Indigenous peoples. While honourable in its intentions, the increasingly ubiquitous practice of community engagement in museums has been under analysed, and its difficulties and complexities understated. This thesis critically analyses engagement in museum and heritage practice and carefully unpicks the nuances of, and naturalised assumptions about, collaboration and self-representation. Power relations and their tangible manifestations in the form of exhibits, employment, relations, and new curatorial practices, are at the core of the analysis. As a comparative study the research provides a cross-disciplinary analysis of mainstream and community museums and heritage sites through four case-studies. Each of the case-studies engaged with Indigenous Blackfoot communities in southern Alberta, Canada, through consultation, partnership, co-ownership or community control. Between 2006 and 2009 I spent twenty-four months in Alberta researching the casestudies and conducting forty-eight in-depth interviews with museum and community members. This research makes a new contribution to the field through its emphasis on community participants’ perspectives; the importance of inter-community collaboration; and its development of the concept of ‘engagement zones’ which builds on James Clifford’s theory of the museum as contact zone. I argue that engagement creates risks and costs for participants and is not necessarily as empowering or beneficial as current discourse purports. The research illustrates that sharing power is neither simple nor conclusive, but a complex and unpredictable first step in building new relations between museums and Indigenous communities. Understanding the current limits of engagement and restrictions to museum indigenisation will enable collaborative efforts to be strategically utilised to work within and go beyond current boundaries and facilitate reciprocities that can begin to decolonise relations and enrich both museums and communities.
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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.
Full textAbstract:
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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Morton, Sarah. "The legacies of the repatriation of human remains from the Royal College of Surgeons of England." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:adba50f9-85b6-421d-b8bc-648c381611bc.
Full textAbstract:
The repatriation of the human remains of Indigenous peoples collected within a colonial context has been the subject of debate within UK museums over the last 30 years, with many museums now having returned human remains to their countries of origin. Although the repatriation of human remains is often characterised as the 'journey home', there has been a lack of consideration of the physical presence and mobility of the remains and the meanings created as they move through different spaces. This study uses the repatriations from The Royal College of Surgeons of England (RCS) to Australia, New Zealand and Hawaii as case studies to consider three key areas: (i) the impact of repatriation on museum landscapes; (ii) the journey of the repatriated remains and how this mobility intersects with wider discussions about restitution, sovereignty, identity, relatedness, memory and memorialisation; and (iii) the repatriation archives, how they are thought about by the institutions that hold them and their future potential and meaning within a post-colonial context. Taking a more-than-representational approach and engaging with the materiality, mobility and agency of the repatriated remains and the documentation that relates to them, this study bridges the gap between research considering the approach of museums to repatriation, and ethnographic studies on the meanings of the return of ancestral remains to individual communities. Combining work on museum geographies, deathscapes and absence opens up new ways of theorising and discussing repatriation through understanding the process in terms of the tension between absence and presence, and human remains as being in or out of place. Through engaging with the materiality and agency of the remains and viewing repatriation through a spatial lens, this thesis deals with aspects of the process that have received little attention in previous studies, foregrounding the challenging nature of repatriation for communities, the issues around unprovenanced remains, and discussions about the control, management and meaning of information and data, identifying that a significant legacy of repatriation for RCS is the documentation the museum continues to hold. What the journey of the ancestral remains repatriated by RCS illustrates is the emotive materiality of the remains, and agency that they and the distributed repatriation archive have as actors within social networks. It is therefore proposed that the concept of repatriation as having problematised human remains collections within UK museums is replaced with a nuanced and contextually sensitive understanding that recognises the role of the human remains in social interactions that impact on the emotional geographies of museum practice, and that rather than framing repatriation as post-colonial act that is either political or therapeutic, the return of ancestral remains be understood as part of a process of decolonisation in which there is space for discussion, disagreement and debate amongst all stakeholders.
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Zazu, Cryton. "Representation and use of indigenous heritage constructs : implications for the quality and relevance of heritage education in post colonial southern Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1002015.
Full textAbstract:
This study explores representation and use of indigenous heritage constructs with a view to identifying implications thereof for the quality and relevance of heritage education practices in post colonial southern Africa. Framed within a critical hermeneutic research paradigm under-laboured by critical realist ontology, the study was conducted using a multiple case study research design. The data collection protocol was three-phased, starting with a process of contextual profiling, within which insights were gained into discourses shaping the constitution and orientation of heritage education practices at the Albany Museum in South Africa, the Great Zimbabwe Monument in Zimbabwe and the Supa Ngwao Museum in Botswana. The second phase of data collection entailed modelling workshops in which educators engaged in discussion around the status of heritage education in post apartheid South Africa. This highlighted, through modelled lessons, some of the tensions, challenges and implications for working with notions of social transformation and inclusivity in heritage education. The third phase of data collection involved in-depth interviews. Twelve purposively selected research participants were interviewed between 2010 and 2011. Data generated across the study was processed and subjected to different levels of critical discourse analysis. Besides noting how heritage education in post colonial southern Africa is poorly framed and under-researched, this study revealed that current forms of representing indigenous heritage constructs are influenced more by socio-political discourses than the need to protect and conserve local heritage resources. The study also noted that the observed heritage education practices are oriented more towards addressing issues related to marginalisation and alienation of indigenous cultures and practices, than enhancing learners’ agency to manage and utilise local heritage resources in a more sustainable ways. Based on these findings the study recommends re-positioning heritage education within the framework of Education for Sustainable Development (ESD). ESD acknowledges both issues of social justice and the dialectical interplay between nature and culture; as such, it may allow for representation and use of indigenous heritage constructs in ways that expand current political orientations to include sustainability as an additional objective of heritage education. Given that little research focusing on heritage education has been undertaken within southern Africa, the findings of this study provide a basis upon which future research may emerge.
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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.
Full textAbstract:
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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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.
Full textAbstract:
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.
Full textAbstract:
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.
Full textAbstract:
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.
Full textAbstract:
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.
Full textAbstract:
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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Andrews, Jilda Alice. "Encountering cultural material in museum collections: An Indigenous perspective." Phd thesis, 2018. http://hdl.handle.net/1885/159276.
Full textAbstract:
Navigating cultural collections in museums can be a particular
and challenging task. Indigenous cultural objects in museum
collections all over the world are widely understood as having
been removed from their Indigenous contexts and placed within new
structures, given new meanings, within new hierarchies of value
in systems associated with the colonial imperative. Therefore,
for Indigenous Australians, the continuing consequences of such
histories, ensure that encounters with cultural material from
their communities are also encounters with these different
hierarchies of value; they are encounters with uneven
relationships of power in which they find themselves or their
families implicated, and possibly even encounters with a
contemporary reluctance to engage with difficult histories.
This thesis critically examines my encounters with collected
cultural material associated with my country—Yuwaalaraay
country, the inland freshwater region of north western New South
Wales. These encounters are explored in relation to key
postcolonial frameworks including museums as contact zones (Pratt
1992; Clifford 1997), as well as cultural interface theory
(Nakata 2002, 2007). Through these lenses, and by drawing on an
adapted form of autoethnography, I explore sites of agency and
potential, as well as probe limitations brought about by
persistently defining the relationships between museums and
source communities as dichotomous–the ultimate colonial legacy
of the ‘self’ and the ‘other’. Finally, inspired by
European studies of folklife, my research invites a
reconsideration of historical Indigenous cultural material in
collections not as relics of the past, but as products of
everyday life and experience, fundamentally grounded by a
uniquely Indigenous Australian consideration of the concept of
‘country’.
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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.
Full textAbstract:
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.
Full textAbstract:
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.
Full textAbstract:
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.
Full textAbstract:
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.
Full textAbstract:
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