The current framework for reconciliation is based on the Court’s accepted the Crown’s assertion of sovereignty, legislative power and underlying title. The basis of this is their interpretation of Section 91(24), which reads it as a plenary grant of power over Indians and their lands. This has led them to simply bypass the question of the inherent right of self-government and to generate a constitutional framework that amounts to little more than a proportionality check on the exercise of Crown sovereignty. I argue that if we are to find a meaningful reconciliation—and not simply one that is assigned by the logic of force that resides behind the unquestioned assumption of sovereignty—then we will need to address the history of sovereignty without assuming its foundations. My project sets out to expose the limitations of the current model by following the lines of descent and association that underlie the legal conceptualization of Aboriginal sovereignty. / Graduate / 2019-01-01

The barrage of negative media reports coupled with reactionary federal legislation have led many Canadians to believe that most First Nation governments are corrupt. Although systematic evidence of widespread corruption has yet to materialize, governance problems in some First Nations communities do exist. With the majority of First Nations operating under the band governance system imposed by the Indian Act, political troubles are often attributed to this law. Despite the fact the Indian Act creates conditions for governance problems to occur, other First Nations have resisted its enticement and operate sound administrations. Nations like these influenced this study. To understand and explain how First Nations achieve and maintain effective governance, conversations took place with First Nations leaders, administrators, Elders and community members in Alberta and BC. The study was conducted using an Indigenous-Qualitative approach where the qualitative aspect involved a grounded theory methodology. Findings show that effective First Nations governance involves an inter-related journey consisting of four phases: motivators of change, visions of effective governance, actions to support effective governance and the maintenance of governance improvements. Every phase in the journey is profoundly shaped by the legacy of colonization. Political problems caused by the legacy motivate change, the journey is guided by visions to recover from the legacy and actions are taken to improve legacy-related governance problems. The power of colonization is particularly evident at the maintenance stage of the journey where legacy-related influences stifle political change and help keep the status quo in place. This observation led to the following hypothesis: First Nations that wish to achieve and maintain effective governance must navigate the legacy of colonization. Colonization creates obstacles that must be carefully navigated if effective First Nations governance is to be achieved. It is amazing that many First Nations leaders have been able to stickhandle their way through these obstacles and achieve some measure of effective governance. These leaders are to be commended for their skills, strength and determination. However, in the absence of decolonization, strong economies, self-government and the restoration of certain traditions, the efforts of these leaders will be lost. / Graduate / terryfox@uvic.ca

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.

This thesis considers the differences in the political relationship between Canada and Indigenous peoples as established in Treaty Six (1876) by Alexander Morris and that of the Indian Act (1876) as driven by David Laird and Electoral Franchise Act (1885) by John A. Macdonald. Through using historical and contemporary sources related to Treaty Six, and House of Commons debates related to the two Acts, this thesis argues that the relationship as established in Canadian policy and conceived of by Canadian politicians of Treaty Six was akin to a “nation-to-nation” relationship, and that the Indian Act and Electoral Franchise Act represent a turning away from this toward a less equitable relationship that placed Canada above Indigenous polities. This thesis also shows that within the Canadian political mainstream there was considerable dissent to this turning away from more equitable relationships, as shown by the continued opposition by politicians less well-known today such as William Paterson. / Graduate / 2019-08-28

John A. Macdonald was not only Canada’s first Prime Minister; he played a significant role in framing much of Canada’s early “Indian policy” including legislation that was incorporated into the Indian Act (1876) which is still in effect today. Despite his central role, in all the voluminous analyses of Macdonald’s life and career, there is no in-depth scholarly study of Macdonald’s Indian policies or how his ideas about Indigenous people or race were formed. In this thesis, I examine Macdonald’s early personal context, how he may have developed his ideas about Indigenous people, the development of his Indigenous policies, and the local contingencies that shaped the rolling out of this legislative framework including the Gradual Civilization Act (1857) and the Gradual Enfranchisement Act (1869). / Graduate

Canadian courts, despite recognition in the Canadian Constitution, 1982 that treaties are to govern the Crown-Aboriginal relationship, continue to develop principles of interpretation that narrow Aboriginal and treaty rights, including the taxation provisions of the Indian Act. In Robertson, the Federal Court of Appeal, building on Mitchell v Peguis, articulated a “historic and purposive” analysis, by reliance on a distinctive culture test and an ascribed protection rationale, thereby abrogating the fundamental treaty relationship. As a means to fuller implementation of the spirit and intent of Treaties, taxation provisions must be interpreted in a treaty-compliant manner. The potential for economic participation through a proposed “urban reserve” on the Kapyong Barracks in Winnipeg, Manitoba, as part of a Treaty 1 settlement, is discussed as a case study, and compared with similar developments in New Zealand, under a Waitangi Tribunal settlement, as an example of treaty compliance in economic development. / May 2017

Using Indigenous methodology and a story telling method this thesis is the result of research that looks at the benefits of traditional Indigenous ceremony and healing practices as a way to heal from traumatic experiences. A thematic analysis technique was employed to reveal four themes that emerged from the stories told by Indigenous Knowledge Keeper participants. The first theme is the importance of our connection to all living things including our own selves. Another is recognizing our greatest teachers nature and animals. Cleansing emerged at the center of all traditional healing strategies and the final theme encompasses all that we are as life on this planet spirit or energy. Trauma can be understood as any event that creates difficulty for the individual to cope whether the event that caused the experience was purposeful or accidental. While people do find amazing ways to cope with circumstances that are overwhelming, neurobiology tells us how trauma is processed and impacts the workings of the brain. Trauma in the nervous system can be understood as the result of a person or group or community’s inability to stay safe or to feel safe during the experiences. Indigenous people live with the ongoing effects of intergenerational trauma caused by colonization including the Indian Residential School experience, as well as ongoing systemic oppression. All traumas can activate the deeply held traumas that have been transmitted trans-generationally. In essence we carry intergenerational traumas. I believe that Indigenous people were practicing healing on a regular basis within their traditional ceremonies, dances and practices before contact and these practices may inform a model of health and wellness that could be useful in healing the effects of trauma that impacts Indigenous people today. Ceremonies and traditional teachings were shared communally before contact and are now being revived as we embrace the cultural practices of our ancestors across this land. Within our Indigenous ways of knowing we recognize that we are related to everything in creation we are connected and depend on one another. In 1884, under the Potlatch Law & section141 of the Indian Act our ceremonies, spiritual practices and traditional knowledges were made illegal; our people were imprisoned for practicing them (UBC First Nations Studies, 2009). Today we are in a state of desperation for healing strategies that work for who we are as a people. The Elders in this research shared how this can be done. / Graduate / 0452 / 0622 / 0347 / sheilanyman@shaw.ca

No description available.

In its relatively unchanged form and effective for nearly 140 years the Indian Act of 1876 is the basic law governing the rights and responsibilities of First Nations and their status within Canada. The law protects the special status of Indigenous groups in Canadian society albeit it has been criticized as discriminatory. Voices calling for change of the legislation are growing stronger with the deepening socio-economic problems of Aboriginal peoples. First Nations primarily require the assertion of their constitutional right to self-determination in any future reform. In contrast, the current Conservative government of Stephen Harper emphasizes self- sufficiency and financial responsibility of Native peoples. Legislative actions that Conservatives rarely consult with representatives of the Indigenous peoples themselves correspond to the general priorities of the Harper Government based on the principles of market economy and do not reflect the demands for self-determination and self-government of Indigenous communities. The Idle No More protest movement founded in 2012 in reaction to some of Harper's laws pertaining to Aboriginal peoples fights for their rights and environmental protection inextricably linked with their identity. The purpose of this thesis is to analyze different perspectives on...