ABORIGINALITY, EXISTING ABORIGINAL RIGHTS AND STATE ACCOMMODATION IN CANADA: ABSTRACT The central focus of this dissertation is the relationship between aboriginality, aboriginal rights and state accommodation in Canada. The work considers how the existence of a plurality of conceptions of aboriginality impacts the capacity of aboriginal rights to protect and accommodate this collective identity. This dissertation takes the position that aboriginal rights, as they are currently constructed in Canada, cannot account for the existence of this definitional multiplicity, and so impose serious limits on the degree to which aboriginality is accommodated and protected by the state. This case is built by looking at Supreme Court cases that deal with Section 35(1) of the Constitution Act, 1982. The investigation contained herein examines the written legal submissions of the aboriginal and non-aboriginal participants in these cases, as well as the Court’s decisions, in an effort to trace the various articulations of aboriginality put forward by the parties. The dissertation demonstrates that, even though there is a multiplicity of conceptions of aboriginality – in other words, the aboriginal litigants, the provinces, the federal government and the Supreme Court justices advance different and often competing conceptions of aboriginality – aboriginal rights are constructed to protect and accommodate a single, particular vision of this collective identity. Moreover, this version of aboriginality does not coincide with the version of this collective identity advanced by the aboriginal litigants themselves. Consequently, the work in this dissertation argues that aboriginal rights fail to accommodate and protect aboriginal peoples’ collective identities and pose a substantial threat to these identities. / Thesis (Ph.D, Political Studies) -- Queen's University, 2008-07-09 23:23:43.659

Early in 2001 the federal government launched the First Nations Governance Initiative (FNGI), the centre piece of which was a bill to amend the Indian Act. This thesis utilizes the events and discussions that surrounded the preparation of the bill as a case study of contemporary Canadian Aboriginal politics and international debates on Indigenous rights. The approach taken is inspired by postcolonial studies and discourse analysis. The goal is to explain the current "dialogue of the deaf" between the federal government and First Nations leadership in terms of "discursive" divergences. The debates around the FNGI can be classified into two conflicting discourses. The first advanced by the Department of Indian Affairs, with a neo-liberal type of discourse, the discourse of good governance which emphasizes bureaucratic values of efficiency, transparency, and accountability. The second, advanced by a group of Aboriginal leaders and activists, is a discourse of self-determination, centred around inherent rights and the unconditional affirmation of Aboriginal sovereignty. The thesis provides an analysis that contributes to the understanding of current blockages in governance and policy reforms involving the federal and the Aboriginal governments.

Early in 2001 the federal government launched the First Nations Governance Initiative (FNGI), the centre piece of which was a bill to amend the Indian Act. This thesis utilizes the events and discussions that surrounded the preparation of the bill as a case study of contemporary Canadian Aboriginal politics and international debates on Indigenous rights. The approach taken is inspired by postcolonial studies and discourse analysis. The goal is to explain the current "dialogue of the deaf" between the federal government and First Nations leadership in terms of "discursive" divergences. The debates around the FNGI can be classified into two conflicting discourses. The first advanced by the Department of Indian Affairs, with a neo-liberal type of discourse, the discourse of good governance which emphasizes bureaucratic values of efficiency, transparency, and accountability. The second, advanced by a group of Aboriginal leaders and activists, is a discourse of self-determination, centred around inherent rights and the unconditional affirmation of Aboriginal sovereignty. The thesis provides an analysis that contributes to the understanding of current blockages in governance and policy reforms involving the federal and the Aboriginal governments.