Different dispute resolution mechanisms, including treaties, litigation, negotiation and, to a lesser extent, mediation and arbitration, have been employed to resolve land disputes in Canada over the centuries. Since 1973, the federal government has unilaterally developed and reviewed land claims policies which favour negotiation to resolve land claims between governments and First Nations, Further, two regional institutions were created in Ontario and British Columbia to facilitate the resolution of these complex claims. Various processes have also been used to resolve similar claims in New Zealand and Australia. The problems associated with the present land claims processes in Canada have been discussed for more than twenty years. The purpose of this thesis is to analyze the appropriateness of the various dispute resolution processes which are, or could be, employed to resolve the land question in Canada. The search for dispute resolution mechanisms suitable to resolve land claims is undertaken in light of the two basic characteristics of the relationship of the parties to these disputes: the cultural differences, and the imbalance of power between the parties. The first chapter of my thesis examines the history of land claims policies and processes in Canada, discusses the historical relationship between Aboriginal peoples and governments, and explores the main assumptions, premises, values and beliefs held by the parties involved in Aboriginal disputes, and the dynamics of their relationship. The following three chapters discuss specific dispute resolution processes which have been employed to resolve the land question in Canada. At the end of each of these chapters, suggestions are made to improve these various processes. Chapter Two analyzes the advantages and disadvantages of litigation in the context of Aboriginal land cases. Chapter Three examines the process of negotiation, with a focus on the federal government’s policies on land claims. Chapter Four discusses the processes of mediation and arbitration, and considers the appropriateness of these mechanisms to resolve land claims in Canada. Chapter Five provides a comparative look at three institutions which have been created to resolve Aboriginal claims in New Zealand, Australia and Canada: the Waitangi Tribunal of New Zealand; the National Native Title Tribunal of Australia; and the British Columbia Treaty Commission. Finally, Chapter Six identifies the essential elements which must be present for dispute resolution mechanisms to be successful in the Aboriginal land claims context and integrates these basic principles into a general model of dispute resolution for Canada. In the course of my research, I have examined literature dealing with alternative dispute resolution (ADR), the resolution of Aboriginal claims, and on Aboriginal law generally. Throughout this thesis, I have used different methods of research and analysis. The critical approach is used to question the self-professed legitimacy and fairness of some dispute resolution processes, as well as to examine the theoretical underpinnings of various processes for cultural biases. The comparative method is helpful in analyzing different institutions that have been created in Australia, New Zealand and British Columbia to resolve Aboriginal claims. Finally, considering that the field of dispute resolution is informed by a wide variety of disciplines, the interdisciplinary approach is used to present different propositions concerning which dispute resolution mechanisms are the most appropriate to resolve Aboriginal land claims based on anthropological, historical, sociological and political variables. One of the difficulties in trying to find appropriate dispute resolution mechanisms to deal with Aboriginal land claims is to accommodate the diversity of the approximately 633 First Nations in Canada. Another difficulty relates to the fact that most of the ADR literature rarely addresses the issue of cultural differences. This thesis concludes that the various dispute resolution mechanisms studied have both advantages and disadvantages for resolving the land question in Canada. I suggest that each mechanism has a role to play in the overall process of resolving Aboriginal land claims as long as it accommodates the cultural diversity and ensures that all concerned have a voice in designing the process(es) employed to resolve land disputes. This thesis also recommends the creation of an independent land claims body which would provide the benefits of third-party intervention while avoiding the deficiencies of the present judicial system. Objectives would be to reduce costs, expedite procedures, permit flexibility in the handling of polycentric problems, maximize the involvement of the parties in the process and outcome, and facilitate the production of a settlement which contributes to future harmonious relationships between Aboriginal and non-Aboriginal society. The most important element remains that discussions about possible changes to the existing processes should occur between governments in partnership with the First Nations of Canada, and in consultation with non-Aboriginal interests. / Law, Peter A. Allard School of / Graduate

This thesis examines the development of the reactions of Indians of British Columbia to contact and colonization. It is maintained that religious and social changes which have occurred among Indians of British Columbia since contact with the White man can best be understood when interpreted as phases in a continuous process of development. This process of change began with the emergence of prophet movements at approximately the same time as the White man's presence was beginning to be felt in the area. These prophet movements exhibited characteristics typical of messianic movements elsewhere. Native prophets predicted the arrival of White men, their power and possessions. When missionaries arrived in the area they were generally accorded an enthusiastic reception. The appeal of missionary Christianity is analysed with reference to the millenial ambience established in the earlier prophet movements and to the messages and media communicated by the missionaries. For many Indians, it is argued, conversion to Christianity was equivalent to participating in a millenarian activity. An examination of typical converts and Christian communities established by various missionaries reveals the attempt by many Indians to adopt White culture and realize the expectations apparent in the prophet movements. Disillusionment with missionary Christianity was the result of the widening colonial experience. Although desiring equality with the White man, Indians remained politically, economically and socially subordinate. Conversion to Christianity had not succeeded in satisfying Indian needs and expectations. Indians began asserting a desire for independent control of their own affairs, a desire found among colonial peoples in other parts of the world. But the nature of the colonial situation in Canada has left the Indians a minority group with no effective political power, and thus assertions of Indian nationalism in British Columbia have been directed into such activities as political pressure groups, the revival of Indian spirit dancing and other ceremonials. / Arts, Faculty of / Anthropology, Department of / Graduate

This study was designed to explore specific aspects of the relationship between language and cognition. Comparisons of a normal population with populations deficient in verbal ability provide information relevant to the qualification of this relationship. In this respect, B.C. Indian children were an appropriate group for comparison with normal white children since they are apparently deficient in verbal development. It was considered worthwhile to determine if there are cognitive differences between Indian and white children and if there are, to determine if these differences can be attributed to differences in verbal ability in the form of verbal mediation. Evidence of verbal mediation is assumed to be exemplified in the relatively greater ease of executing a R over a NR shift. In a 3 x 2 x 2 factorial design involving age (7,8,9), shift (R-NR), and ethnic group (Indian-white), it was hypothesized that there would be a significant interaction between shift and ethnic group. A total of sixty-seven Indian and fifty-one white children was initially tested. However, nineteen Indian and three white children failed to learn the first discrimination to criterion within the limit of one hundred trials. The difference between these proportions was highly significant. Analyses were conducted for the resulting self-selected sample of forty-eight Indian and forty-eight white children who succeeded in attaining the first criterion and who went on to the shift task. On original learning, there were no significant differences or interactions for this self-selected sample. On the shift, there was a significant main effect only for the shift factor, with the R shift performance being superior to MR shift performance for both ethnic groups. There were no differences between Indians and whites in overall performance or in the relative difficulty of R and NR shifts. Supplementary analyses were performed to explore other possible differences. It was found that the white children were relatively consistent in the speed with which they learned both the original discrimination and shift while, in contrast, the Indian children were not. Those Indian children who were "fast" in original learning became "slow" on the shift, whereas those who were"slow" in original learning became "fast" on the shift. On the basis of post-experimental card sort and verbalization tests, it was also found that the shape dimension was more salient than the size dimension and that Indian children were not as successful in giving an appropriate overt label to the triangle concept. The specific hypothesis that there would be a significant interaction between shift and ethnic group was not supported. However, in general, the results from the supplementary analyses and the fact that significantly more Indian than white children failed to reach the first criterion suggested that there wore cognitive differences between Indian and white children. There was no specific evidence to support a mediational deficiency interpretation of these differences. / Arts, Faculty of / Psychology, Department of / Graduate

Native Indian Cultural Centres have grown out of the on-going struggle for native self-determination and are rapidly becoming a focus for native cultural revitalization. This thesis investigates the evolution of two Northwest Coast native Indian cultural centres--the 'Ksan Village and the Makah Cultural and Research Centre (MCRC)—through each stage of development, outlining the historical, cultural, economic and social context, the form and function of conceptual development and the planned and unplanned processes involved in building and operating each centre. Analysis has indicated that 'Ksan and the MCRC have evolved as a response to local cultural and economic pressures and opportunities and have been funded primarily on the basis of economic rather than cultural viability. Six factors were found to be collectively sufficient to promote the successful development of each cultural centre: local cultural knowledge, social mobilization, local project relevance, native Indian control, access to resources and common motivational ground. The relationship between native Indians and non-native specialists is changing. Native people are no longer allowing non-native specialists to define their culture and interpret their heritage and 'Ksan and the MCRC have positively re-inforced that change. The development of native Indian cultural centres has provided an important step in the on-going native struggle for self-determination by providing a focus and/or forum for native cultural identity and is likely to continue in the future. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

The approach of this enquiry is to describe and analyze the processes and interactions which occur when Indo-Fijian women seek health care from their medical system made up of traditional beliefs and practices, combined with alternative sources of healing such as the Biomedical system, and some Fijian practices. Throughout, I have been concerned with discovering the strategic choices and decisions which Indo-Fijians employ in their transactions with a number of traditional types of healers such as pandits, pujaris, maulvis, orjahs and dais, as well as doctors and nurses in the biomedical sector. I have used the concept of process as basic to this enquiry and I have paid attention to those processes which display social behaviour in empirical events or situations, and thus on emergent medical systems. Thus, the approach chosen for this study is particularly suitable in the case of Indo-Fijians who arrived in Fiji as indentured labourers, and have had to adapt, to regularize their lives through situational adjustment. The methods used for data collection were participant-observation in two Indo-Fijian settlements and in a Western Biomedical hospital, in health centres and district nursing stations; as well as the use of archival and library materials. The enquiry, the first of its kind on health strategies of Indo-Fijian women, concludes with a chapter which discusses the interactions and processes between all medical care domains used by Indo-Fijians. Indo-Fijians do not distinguish between medical systems; their medical system Is Indian in its ideology but lacks the practice of the therapies of professionalized Indian medical systems; it has retained religious healing, reconstructed and synthesized folk healing traditions from many parts of India, as well as adding elements from Fijian healing. While it is also Western in its use of professional therapies, it lacks the ideological foundations of biomedicine. / Arts, Faculty of / Anthropology, Department of / Graduate

This thesis explores contemporary Lakota identity, as informed by the life story narratives of Melda and Lupe Trejo. Melda Red Bear (Lakota) was born on Pine Ridge (Oglala Lakota / Sioux) Reservation in South Dakota (1939-). Her husband, Lupe Trejo (1938-1999) is Mexican and has been a long-term resident of the reservation. I first met this couple in 1994 and developed an abiding friendship with them prior to our decision to collaborate in recording their storytelling sessions (1997-98). The recording and interpretation of the material evokes ethical questions about power and representation that have arisen with debates about 'as-told-to' autobiographies. Theoretical and methodological issues associated with cultural anthropology, literary criticism and oral history are part of the interdisciplinary intellectual work of this research and are discussed in the context of the project. The thesis follows an introspective, recursive methodology, where early research decisions are analyzed in the light of what I have learned in this process of apprenticeship to Lakota traditional thinkers. The narratives reveal that contemporary Lakota identity encompasses colonial discourses, strategic responses to such impositions, and an autonomous indigenous system of beliefs. This epistemological tradition, that is, traditional Lakota spiritual beliefs, promotes an acknowledgment of relations as opposed to exclusive categories of cultural difference. Melda Trejo has substantial connections to the Lakota community and her marriage follows the traditional pattern of "marrying out." Lupe Trejo configures his Mexican ancestry in ways that align with the Lakota people while also acknowledging his difference in the community. Melda and Lupe define themselves as Lakota through their spiritual practice in the Sundance as it reappeared in the cultural resurgence at Pine Ridge in the 1970s and 1980s. They situate themselves and their Sundance amid the controversies that surround authentic practices and the participation of outsiders in the ceremony. The thesis provides an interpretive framework, supported by additional life stories as well as critical and ethnographic material, for the analysis of selected stories. / Medicine, Faculty of / Graduate

Traditionally, the native people of the North American continent did not evolve levels of organization beyond that of the band. In addition, political organizations as we know them did not exist. As a result there is no historical precedent for the levels of organization which the Indian leadership now recognize as necessary for the protection of what remains of their way of life, and for a rebirth of their culture under conditions that they control, independent of the Department of Indian Affairs which has controlled much of their lives over the past century. In the late 1960's, partly as a result of the permissibility of democratic ideology adopted by the DIA and partly because of the increase of sophistication of the Indian leadership in dealing with the white man's ways, the movement towards more local control has seen demands placed upon the DIA to respond to the Indian's needs as they themselves define them. This thesis traces the recent development in the Cariboo-Chilcotin region of the Interior of B.C.; and in particular, the development of the Caribou Tribal Council (CTC) as it increased its political capability and attempted to mount an independence movement and control the program funds of DIA following the rejection of government funds by the Union of B.C. Indian Chiefs. Material collected for this thesis includes extensive interviews with Tribal Council members and resource people, the written documentation immediately relevant to this subject, and viewing video tape films of some recent important meetings. In developing this interpretive chronology, the author witnessed several meetings of the Tribal Council and one of their major workshops. In addition, various people associated with the Council have commented on the draft of the paper. The struggle to unify three distinct cultural groupings makes the alliance of bands at best a loose alliance. The Caribou Tribal Council was able to develop and maintain the initiative in policy matters towards the Department of Indian Affairs. That initiative, partly because of efforts of the Union of B.C. Indian Chiefs, was given strength by the cultural movement towards independence of Indian people. Because the Department did not respond quickly and positively to the Indian initiative, the political strength of the CTC waned enough to a point where the DIA could re-establish its initiative and the CTC was forced to react. The DIA initiative was a return to its former position of stating that it would decide when the Indian people were ready for more control over Departmental programs and what form the training for that control would take. In the meantime the other major thrust of Indian political activity, that of the land claims, which is not directed at DIA, remains a focus of considerable energy. What will become of the land claim issue is difficult to say, but at least some bands seem to be resolute in their efforts to achieve recognition and settlement of the claim. In the meantime, the local DIA office remains a symbol of the presence of the agency which had controlled so much of the lives of the Indian people, and on which they seem to have become dependent. As a symbol, it remains a target for the alliance of the three tribes comprised of the 15 bands in the district. A recent political phenomenon which is related to the need for an increased administrative capability on the part of bands is the emergence of Area Councils based largely on tribal cultural lines. / Arts, Faculty of / Political Science, Department of / Graduate

This dissertation proceeds from the Algonquins of Barriere Lake’s enactments of Indigenous law as a praxis of care against colonial systems that commoditize Anishnabe children and land. It emerges from a co-designed nation and community-specific ethnographic and archival study with the Algonquins of Barriere Lake to analyze the Youth Protection system, and a co-designed ethnographic and archival project with the Ottawa-based Sixties Scoop Network on healing, displacement, and reparations for the 60s Scoop. Through using the land, Barriere Lake maintain their sacred connections to animals, ancestors and water. This dissertation thinks care in three registers: as Anishnabe ‘physical, emotional and spiritual’ relations of care on land, as daily assertions of Indigenous legal praxis, and as critiques of settler political economy. In November 2015, members of the Algonquins of Barriere Lake rallied at the offices of the CISSSO, a Quebec Youth Protection agency in Maniwaki, Quebec that has placed 147 children from their 792-person First Nation into out of home care since 1990. Barriere Lake mothers held signs asserting “Our children are not commodities.” Throughout the fall of 2015, the community held a camp to protect their lands from exploratory drilling by the junior mining company Copper One; a sign declaring ‘This land is not for sale.’ As CISSSO (2019) secures nearly $2 million annually by taking Barriere Lake children from their kin settler industries extract over $100 million in resources from Barriere Lake’s territories. Canada’s genocidal church-run, state-mandated Residential Schools system was instituted as the nascent nation began to create its wealth and home from Native lands and resources. Between 1951-1991 (the Sixties Scoop), over 22 500 Indigenous children were removed from their kin into predominantly non-native homes (Brown v Canada 2017). In 2016, Canada’s national resources sector accounted for $216 billion; while in 2018 the child welfare system generated $2.5 billion and billions more in family stipends and allowances from a system in which over 52.5% of children are Indigenous (StatsCan 2016, 2018). The gendered fiscal and libidinal economies of Canadian colonialism incentivize the apprehension of Indigenous children and criminalize Indigenous caregivers, especially mothers (2016 CHRT 2). By examining how present systems reproduce the gendered violence of child-taking and abuse systematized in Residential Schools, this dissertation argues that Canada securitizes its economy of extraction from Indigenous lands through the mass abduction of Indigenous children into the child welfare system. Algonquin Anishnabeg jurisdiction is asserted as a praxis of care which, waged daily along with Sixties Scoop survivor struggles for justice, unwinds the fabric of a system of child-taking and land-theft.

The faceneck vessel is a significant and prolific ceramic form in the visual culture of the Wari civilization, a powerful polity with formidable cultural influence during the Middle Horizon Period of Andean prehistory. Numerous large and elaborately modeled and painted examples have been unearthed from prominent Wari centers, and hundreds of smaller examples have been found in tombs or reside in collections without provenience. The faceneck form was produced in all epochs of the Middle Horizon and has been found at Wari sites across the entire region of Wari influence. Furthermore, this vessel type has antecedents that can be traced back to the second millennium B.C., was produced by various Middle Horizon societies, and continued to be produced after the collapse of the Wari Empire in A.D. 1000. Nevertheless, the faceneck vessel has never been at the center of any major study and little is known about the meaning or use of this elusive ceramic form. This study aims to shed light on the faceneck vessel in the context of Wari visual culture by bringing together more than 200 examples drawn from collections in Peru, the United States, and Europe. Through the formal analysis and stylistic comparison of facenecks from all over the Wari sphere of influence, this study looks closely at how the faceneck form may have functioned within an ancient Andean social network that included both human and non-human participants. Scholarship on ancient Andean visual culture has recently been undergoing an ontological turn as art historians, archaeologists, and anthropologists have been applying a localized ontological perspective to their interpretations of the material record. This study applies Andean perspectivism, an ontological viewpoint that considers the significance of feasting rituals and ancestor veneration within an animate world, to think through the potential for faceneck vessels to have participated as social agents in complex rituals involving valuable offerings and communion with the dead. Ultimately, I conclude that faceneck vessels, as anthropomorphized objects projecting a powerful sense of personhood, likely functioned as active participants in rituals involving the transfer of offerings between disparate parties. I argue that as full-bodied clay persons, faceneck vessels are well equipped to provide material bodies for the absent bodies of the recipients of offerings, such as disembodied ancestors. Serving as surrogate bodies, facenecks may have helped fulfill certain critical acts of reciprocity that were required by the Andean doctrine of ayni. This study brings attention to the prominent status of ceramics in the ancient Andes and calls for further study into how other uniquely Andean ceramic forms may have played similarly powerful roles in ritual activity.

In this thesis have been included six novels of the indigenous type that represent four countries of Latin America: Mexico, Ecuador, Bolivia, and Peru. This type of novel contains elements of social protest, and therefore it is appropriate to examine the problem of the "indio" or (Indian) in relation to the countries where the majority of the population is comprised of "Indians".