This paper provides a history of my great grandfather, Joeyaska; who he was, where he came from, and how he came to acquire 320 acres of land in 1878 near Merritt, in the interior of British Columbia. Joeyaska was considered a Stuwix. From all that is known, Joeyaska was a Stuwix from the Athapaskan group. Joeyaska a warrior, a survivor, a horseman, a family man and protector of his rights passed on to his children and grandchildren his land. Who are the descendants of Joeyaska and what are we doing today in the threat of encroachment by the chief and council of the Lower Nicola Band. How are we defending and carrying on traditional land rights and practises. This paper is a compilation of oral tradition and documented history on Joeyaska, our great grandfather.

No description available.

This paper provides a history of my great grandfather, Joeyaska; who he was, where he came from, and how he came to acquire 320 acres of land in 1878 near Merritt, in the interior of British Columbia. Joeyaska was considered a Stuwix. From all that is known, Joeyaska was a Stuwix from the Athapaskan group. Joeyaska a warrior, a survivor, a horseman, a family man and protector of his rights passed on to his children and grandchildren his land. Who are the descendants of Joeyaska and what are we doing today in the threat of encroachment by the chief and council of the Lower Nicola Band. How are we defending and carrying on traditional land rights and practises. This paper is a compilation of oral tradition and documented history on Joeyaska, our great grandfather. / Arts, Faculty of / Central Eastern Northern European Studies, Department of / Graduate

This study deals with the changing dynamics of land use systems in an aboriginal community of British Columbia, namely the Lil'wat Nation, by employing the concept of property as an analytical tool. The focus on the concept of property clarifies the role played by the authority and institutions as regulators and decision-making factors in land use management. The description of the relationship between property and various transitions in aboriginal life constitutes the main contribution of this research project. The methodology used in this descriptive study is a combination of the participantobserver method and archival data collection. Issues around authority are discussed in terms of the power relationship between Canada and the Lil'wat Nation. Several historical events explain the way in which political and economic imperatives have shaped the relationship between the Lil'wat Nation and Canada, as well as the internal power relationship within the aboriginal community. It is found that the rapid and important changes in the decision-making situation (i.e., context of institution change) have significantly affected the land use projects on reserve grounds. Those changes include: high rate of population growth, extension of a money economy through forestry and agricultural activities, and exercise of various outside interests on reserve lands. Also, it is found that a number of governmental initiatives created and perpetuated a state of dependency and dissension among the aboriginal community. Since land use practices cannot be viewed in isolation, this study emphasizes the importance of political reform and sharing of authority. Also, some strategies for Lil'wat's selfdetermination are identified and the urgency to develop community-based economic projects is stressed. / Science, Faculty of / Resources, Environment and Sustainability (IRES), Institute for / Graduate

No description available.

The present enquiry is a study of specific social possibilities in a culture-contact situation, namely the encounter of the Dene and Inuit of the Northwest Territories with Canadian society; and shows how by analyzing the basic content of two traditions in contact with one another, the possibilities for mutual adjustment of one tradition to the other, or the lack of such possibilities, may be logically derived from that content. The study also uses the perspective of cultural ecology to devise and demonstrate a way in which any system of land-tenure may be compared with any other, without the concepts of one system being imposed upon the other. The particular problem of the enquiry is to compare the traditional ideas of land and land-tenure among Dene and Inuit with the ideas of land and land-tenure in Canadian law; and to discover a way whereby the Dene and Inuit may use the concepts of the dominant Canadian system to preserve their own traditional ways of holding land. The analysis begins by outlining the cultural ecosystem of each people, their basic modes of subsistence, the resources used, the kinds of technical operations applied to those resources, the work organization, and relevant parts of social organization and world-view. Then, in order, the idea of land which the people appear to be following, the kinds of land-rights and principles of land-holding recognized by the" people, and the kinds of "persons" who may hold land-rights, are described. The systems are then compared in order to discover the possibilities for "reconciliation". The enquiry concludes that the basic premises and characters of the Dene and Inuit systems of land-tenure are fundamentally irreconcilable with those of Canadian real property law, but that the Dene and Inuit systems can be encapsulated within the dominant Canadian system by means of the Community Land-Holding Corporation (CLHC). The CLHC as proposed in this enquiry would allow the members of a community to hold land among themselves according to their own rules, while the corporation holds the land of the whole community against outsiders according to the principles of Canadian law. / Arts, Faculty of / Anthropology, Department of / Graduate

Between the mid-eighteenth and the mid-nineteenth centuries, the Crown coordinated a revolution in land usage in the Kawartha Lakes, as elsewhere in the colony, through 'civilization' and land redistribution. Attempts to change native society and build settler communities did not quite unfold the way the government intended. 'Civilization' helped the Mississauga farm and taught skills that eased interaction with colonial society, but they continued to produce much of their food by traditional means. Speculation isolated settlers and made land acquisition more difficult, though some speculators provided essential services. Most immigrants bought land privately and many were not able to establish themselves as farmers. Preferential grants were particularly poor at distributing land to settlers and Crown or Clergy Reserves sales were much more likely to transfer property directly to users. The transition to agricultural land usage occurred largely through the state's mediation of conflicting claims to access.

This thesis investigates the role and nature of comprehensive community planning (CCP) within B.C. Indian communities, and analyzes the outcomes of a specific CCP experience where an outside consultant and an Indian community concentrated on planning the nature, rather than the product, of the process. The approach used is a literature review of CCP in B.C. Indian communities and theoretical concepts relevant to this type of planning. The thesis develops a normative definition of CCP which proposes use of five process characteristics that should enhance Indian planning capabilities. These are: a comprehensive scope and approach; a formal/systematic method; a developmental approach; a participatory application; and mutuality of insider/outsider relationships. A case study method is applied to the Similkameen Indian Bands' Comprehensive Community Plan. Analysis of the case uses the CCP definition to identify the nature and outcomes of the process. Indian experiences and perspectives of community planning indicate control over the process, learning from the process, and communicating in the process are difficult to achieve when outsiders are involved. This thesis argues this is due to a lack of attention to planning the nature of the process itself. For Indian communities preparing for self-government CCP may be an important developmental tool if it: improves their planning process skills and self-management capabilities; and, uses outsiders to facilitate this capacity-building without loss of control over the process. The Similkameen experience indicates that application of the proposed normative characteristics of CCP is possible. The outcomes of this case suggest that increased attention to the planning process, by insiders and outsiders, improves the nature of the process as well as producing substantive outputs. Improvements to the nature of the process include extensive community participation by involving community members in 'planning for planning'. An intensive effort was made to fully engage community members in the planning process before determining specific directions for substantive planning. Community participation allowed formal/systematic planning methods to be applied with sensitivity to Indian culture. Developmental outcomes of this participatory process include improvements in the community's planning process skills and self-management competency. 'Planning for planning' also resulted in a mutuality of insider/outsider relations to develop. This relationship placed insiders and outsiders on equal terms which contributed to mutual learning and provided opportunities for the community to direct outsiders' work in ways that best served their needs. A community plan was produced in the Similkameen case that addressed a comprehensive scope of substantive planning areas such as: Band organization and administration; social development; recreation and culture; economic development; infrastructure; and, land use. This a significant outcome given the low completion rate among other B.C. Bands for this type of plan, and the importance of CCP's in guiding overall community development. Self-direction in the full range of community functions is at the heart of self-government. Use of a -comprehensive approach enabled the community to consider inter-relations between proposed substantive actions and to consciously develop priorities for implementation. Several instances of implementation of the Similkameen Plan were observed and expressed by community members which indicate it is being used to direct action in substantive areas. Case-specific opportunities and constraints faced in preparing the Similkameen Plan are also identified. Constraints included political and organizational complexity, loss of key participants, cultural differences within the community, potential for dependency on the consultant, and time. Opportunities included ease of communication, the Band's desire to improve self-management capabilities, Indian culture, insider/outsider trust, and access to Band planning funds. Implications of this study for similar communities are identified and areas for future research are suggested. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

No description available.

Cette étude repose sur l’hypothèse selon laquelle, de l’adoption de la constitution fédérale à la Première Guerre Mondiale, l’expansion territoriale des États-Unis d’Amérique, de même que le projet fédéral, ont appelé une « construction » des règles et principes du droit international au sein même des frontières américaines. Car, en 1789 déjà, tant les États-Unis,que les États membres de la Fédération ou les Nations indiennes, revendiquent sur tout ou partie de cet espace la souveraineté que reconnaît le droit international à tout « État ». C’est alors en définissant, en aménageant, en repensant, les notions d’ « État » ou de « souveraineté » sur un territoire, les conditions de détention et de formation d’un titre territorial, ou encore en fixant la valeur juridique interne du droit international, que ces revendications seront – ou non –satisfaites. Fondé sur l’analyse de la pratique, de la doctrine et de la jurisprudence américaines durant le « long XIXe siècle », ce travail a ainsi pour objet d’interroger la question du territoire telle qu’elle se pose au sein de cet « État fédéral » territorialement souverain que constitueraient les États-Unis. Il espère ce faisant mettre au jour des constructions du droit international dont l’actualité tient à leur objet : la question du territoire aux États-Unis entre 1789 et 1914interroge en effet les principales notions et problématiques de ce droit – au premier rang desquelles celle de l’articulation spatiale des compétences. / This study is based upon the hypothesis that, from the entry into force of the federal constitution to the First World War, the United States territorial expansion, as well as the federal project, called for a « construction » of international law’s rules and principles within the American boundaries. It is to be remembered that, in 1789, the United States, the member States and the Indian Nations claimed for themselves, on parts or the whole of that space, the sovereignty that every « State » is entitled to according to international law. It is therefore by defining, adapting, or rethinking the notions of « State » or « territorial sovereignty », the conditions required for a territorial title to be held or formed, and by setting the legal status of international law, that those claims have been enforced – or not. Grounded upon the analysis of the American doctrine, practice and case law, the purpose of this study is thus to inquire about territorial issues as raised within what is usually described as a « federal State », sovereign on its territory. Because those issues, and mainly jurisdictional ones, are fundamental to international law, this work hopes to bring to light constructions of international law which are still relevant today.