Examines the use of physical occupation and civil disobedience by Aboriginal peoples to accomplish their objectives relating to land, treaty, and other rights; and examines the impact of the Nu-Chah-Nulth First Nations’ blockade on forest practices in Clayoquot Sound, Vancouver Island, British Columbia.
Canadian Geographer, vol. 49, no. 4, Winter, 2005, pp. 352-366
Description
Analysis of the provincial Liberal administration's 2002 referendum seeking public decision-making on land claims. Article illustrates use of arguments based in economics used and by way of systemic bias disregarding historical context of issues.
Case studies of five sets of negotiations: federal self-government, federal health care transfer, Aboriginal Fishing Strategy, bilateral processes with British Columbia, and with third party stakeholders. Each analyzed in terms of will, policy coherence, mandate, and process.
Historical background and submissions to Indian Claims Commission (ICC) regarding whether division and partial surrender of Tsimpsean Reserve was lawful. ICC found the surrender invalid and absolute surrender of aboriginal interests could not be required. Recommendations: settlement agreement provides for Aboriginal interests; redraft agreement; parties meet to discuss ICC report. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]
Discusses the allocation and management of lands and resources as it affects Aboriginal peoples and as seen in the case law that deals with Aboriginal rights.
Resources (Canadian Institute of Resources Law), vol. 90, Spring, 2005, pp. [1]-7
Description
"This article focuses on the trapping rights promised under Treaty 8 and their evolution over time in northern Alberta. It summarizes some of the findings of an in-depth study published by the Canadian Institute of Resources Law".
Discusses concerns expressed by the local government that could arise about the loss of tax revenue on land that becomes Treaty Settlement Land, and looks at alternative approaches to recover the costs of services provided by local governments close to developed and urban areas.