Thesis (M.S.)--Montana State University--Bozeman, 2006. / Typescript. Chairperson, Graduate Committee: Robert K. Fleck. Includes bibliographical references (leaves 59-63).

Thesis (M.A.)--University of North Carolina at Wilmington, 2006. / Includes bibliographical references (leaves: 89-101)

Thesis (M.A.)--Butler University, 1968. / Includes bibliographical references (leaves 193-196).

Thesis (Ph.D.)--North Carolina State University, 2005. / Includes vita. Originally issued in electronic format. UMI number: 3223127. Includes bibliographical references (p. 209-228). Also available via the World Wide Web.

Thesis (M.A.)--Oregon State University, 1986. / Typescript (photocopy). Includes bibliographical references (leaves 174-191). Also available via the World Wide Web.

Thesis (PH.D.) -- Syracuse University, 2005. / "Publication number AAT 3240439."

Thesis (Ph. D.)--University of Washington, 2000. / Vita. Includes bibliographical references (leaves 183-193).

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