This thesis examines recent doctrinal developments regarding the aboriginal and treaty rights which are recognised and affirmed in s.35(l) of the Constitution Act, 1982. Specifically, it explores how the meaning of such rights is being constituted by diverse relations of power operating within specific 'cites' of struggle. Chapter I is a brief introduction to recent transformations in the legal discourse of the Supreme Court and an overview of the methodologies being employed in this thesis. In this regard, the author undertakes an interdisciplinary approach to discourse analysis. Chapter II draws upon the writings of Michel Foucault to make the argument for the analytical framework being utilised; namely, the study of 'law' within a 'sovereign- discipline- government' society. Chapter III examines the relationship between the productive power of the disciplines and the legal discourse constituting the content of aboriginal rights; the purpose being to explore to what extent law 'operates as a norm' within this area. Additionally, it provides a lead into the discussion of 'government' by outlining the rationality underpinning the test for the justified governmental infringement of aboriginal and treaty rights. Chapter IV, examines the relationship between the regulatory power of 'government' and the legal discourse around current treaty negotiations. Specifically, it explores the inter-dependency between rationalities of self-government and the governmental technologies associated with 'advanced' liberalism. In doing so, it focuses on an emerging treaty from British Columbia to assess the extent to which law is being used as 'a tactic of government'. Chapter V, examines the relationship between the deductive power of 'sovereignty' and the legal discourse constituting the content of Aboriginal title. It argues that recent developments require the Court to deal with the issue of legal pluralism. And to do so, in a way that lays a more successful foundation in law for the legitimate reconciling of the pre-existence of First Nations societies and the sovereignty of the Crown. Chapter VI provides some concluding comments about the insights gained from the proceeding analysis. In doing so, it offers a brief discussion of how the proceeding specific analysis may relate to some recent work in post-colonial studies.

In studying the capacity of Canadian Indians for local government on their reserves two objects are sought. First we wish to show the extent to which Indians are involved in directing the affairs of their communities. Second, we hope to discover where Indians, in comparison with other Canadians, are incapacitated by virtue of their special legal, social and economic status. Research for this study was gleaned from files, publications and records of interviews in the offices of the Indian Affairs Branch of the federal government, provincial departments of municipal affairs and offices of municipal associations in Ottawa, Toronto, Winnipeg, Edmonton and Vancouver. We begin our study by investigating the reality of local government for non-Indians. Then we look at the capacity of Indians for similar forms of local authority on their reserves. Capacity is examined in terms of legal competence, existing economic and administrative ability to carry out local functions and potential for future development of local government. Non-Indian local government is developed under a complex set of provincial legal and economic controls. Non-Indian municipalities appear to be mainly oriented towards the provision of local services. In contrast Indian local government is developed under the federal legislation of the Indian Act. A flexible interpretation of the Act by federal officials permits the development of local government forms to suit the needs of particular reserves. On the other hand controls exercised by federal officials, along with deficiencies in local economic resources and administrative skills, tend to retard the growth of local government. A possible way for the reduction of differences between Indian and non-Indian capacities would involve the integration of bands and municipalities within a common framework of local government. There is little evidence at present of such integration if measured in terms of transactions between bands and municipalities, common opportunities under federal and provincial programs of grants and joint membership in regional governments and local government associations. A set of alternative courses is considered for Indian communities to follow in the future. We conclude that evolution of local government under the Indian Act seems the most appropriate means by which Indian capacities can be used both to improve local services and to develop non-Indian political skills among Indians. / Arts, Faculty of / Political Science, Department of / Graduate

This thesis examines recent doctrinal developments regarding the aboriginal and treaty rights which are recognised and affirmed in s.35(l) of the Constitution Act, 1982. Specifically, it explores how the meaning of such rights is being constituted by diverse relations of power operating within specific 'cites' of struggle. Chapter I is a brief introduction to recent transformations in the legal discourse of the Supreme Court and an overview of the methodologies being employed in this thesis. In this regard, the author undertakes an interdisciplinary approach to discourse analysis. Chapter II draws upon the writings of Michel Foucault to make the argument for the analytical framework being utilised; namely, the study of 'law' within a 'sovereign- discipline- government' society. Chapter III examines the relationship between the productive power of the disciplines and the legal discourse constituting the content of aboriginal rights; the purpose being to explore to what extent law 'operates as a norm' within this area. Additionally, it provides a lead into the discussion of 'government' by outlining the rationality underpinning the test for the justified governmental infringement of aboriginal and treaty rights. Chapter IV, examines the relationship between the regulatory power of 'government' and the legal discourse around current treaty negotiations. Specifically, it explores the inter-dependency between rationalities of self-government and the governmental technologies associated with 'advanced' liberalism. In doing so, it focuses on an emerging treaty from British Columbia to assess the extent to which law is being used as 'a tactic of government'. Chapter V, examines the relationship between the deductive power of 'sovereignty' and the legal discourse constituting the content of Aboriginal title. It argues that recent developments require the Court to deal with the issue of legal pluralism. And to do so, in a way that lays a more successful foundation in law for the legitimate reconciling of the pre-existence of First Nations societies and the sovereignty of the Crown. Chapter VI provides some concluding comments about the insights gained from the proceeding analysis. In doing so, it offers a brief discussion of how the proceeding specific analysis may relate to some recent work in post-colonial studies. / Law, Peter A. Allard School of / Graduate

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Thesis (Ph. D.)--York University, 2002. Graduate Programme in Environmental Studies. / Typescript. Includes bibliographical references (leaves 448-464). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pNQ75206.

Very little is known about the relationship between locus of control (LOC) orientation and mild or temporary hearing losses associated with chronic otitis media. Furthermore, it seems this relationship may never have been studied in the unique cultural context of Northern Canadian Native Indian societies. The present study investigated the relationship between LOC orientation and hearing status category among Carrier-Sekani children from Northern British Columbia. The relationship between LOC orientation, chronologic age, and academic achievement was also explored. Demographic data collected for a larger study, provided an opportunity to conduct some post hoc analyses on LOC orientation, place in the family, number of parents in the home and family income. Ninety Carrier-Sekani students from grades four to twelve, received a modified Nowicki-Strickland Locus of Control Scale for Children. Students were divided into two broad categories, normally hearing and those having a history of a hearing loss. The latter category was further divided into students with a pure tone loss, students with a history of chronic otitis media and those with observed otitis media at the time of testing. Students could be members of more than one sub-group. Correlation coefficients and Analyses of Variance were computed to explore the relationship between LOC orientation and the independent variables. No significant relationship was discovered between LOC orientation and category of hearing loss. An internal LOC orientation was positively associated with chronologic age, medium family income, two parents in the home and partially associated with academic achievement. This study indicates that for Carrier-Sekani students, a mild or temporary hearing loss is not significantly associated with an external LOC orientation. It seems that school related variables and demographic variables commonly associated with LOC orientation in the samples described in the literature are also present in the sample studied in this project.

For fifty-seven years the National Film Board of Canada (NFB) has been interpreting Canada to Canadians through documentary films which have simultaneously reflected and shaped the identity of this country and its peoples. This study is concerned with the NFB's documentary film portrayal of Native Canadians. Over the half century that the NFB has been making films about Canada's indigenous peoples their portrayal has undergone much change. Comparisons are made in this study between three of the earliest examples and three of the most recent examples of such films, with regard to attitude, voice, and technique. The effect these choices have upon representation is also discussed. Changes in technical, artistic, and philosophical aspects of the documentary film genre have also had a significant effect upon representation of Native peoples over the past fifty years, and are considered as well. Educationally, the study considers issues of manipulation of knowledge and hidden curricula. Playing an increasingly important role in education today, the media is a powerful tool both for teaching and for the inculcation of social norms. Suggestions are made as to ways in which this medium can best be used in the classroom.

Aboriginal rights, and aboriginal fishing rights in particular, are topics which elicit a variety of responses ranging from the positive to hostile. In British Columbia, fish is big business and it is the fourth largest industry in the province. The stakes are high and the positions of the various user groups and stakeholders are clearly demarcated. The fight over fish has pitted aboriginal groups against other aboriginal groups as well as against the federal government and its department of fisheries and oceans - however, the fight becomes vicious, underhanded, and mean spirited when the aboriginal groups are matched against the commercial industry. In an attempt to even the odds the aboriginal peoples have turned to the courts for recognition and protection of what they view as inherent rights - that is a right to fish arising out of the very nature of being an aboriginal person. Up until the Supreme Court of Canada decision in R. v. Sparrow aboriginal rights had been virtually ignored by both the courts and the state. However Sparrow changed all that and significantly altered the fight over fish. And that fight has become a virtual no-holds barred battle. The Sparrow decision remains to this day one of the most important Supreme Court decisions pertaining to aboriginal rights. This thesis is a case study of Sparrow - it will examine the decision from a perspective of whether subordinate or disadvantaged groups are able to use the law to advance their causes of social progress and equality. The thesis examines the status and nature of aboriginal fishing rights before and after the Sparrow decision. The thesis will examine whether the principles of the decision have been upheld or followed by the courts and the government of Canada. Data will consist of interviews with representatives of the key players in the fishing industry, namely, the Musqueam Indian Band, the Department of Fisheries and Oceans, and the commercial industry. In brief, the findings of my research do not bode well for the aboriginal peoples - the principles of the Sparrow decision have not been followed by the government of Canada and aboriginal fishing rights remain subject to arbitrary control. The thesis will examine why and how this happened.

The Canadian child welfare system has increasingly found itself under attack for its treatment of First Nations children. The charge is made that it imposes a colonial regime on First Nations families which negates the importance of their cultural identity, and devalues their cultural practices and traditions. Self-government is consistently advanced as the only appropriate response. The question this thesis addresses is whether too much faith is placed in self-government, without sufficient protections for children in the communities. The issue of First Nations child welfare is placed within the wider debates over the need for decolonisation in Canada. It is a premise of this thesis that First Nations hold an inherent right to self-government which demands respect for their sovereign authority in core areas such as child welfare. However, self-government is not a panacea for First Nations communities. The legacy of colonialism continues to manifest itself in the socioeconomic problems prevalent on many reserves/These problems pose a direct challenge to self-governing child welfare agencies and to the safety of the children in their care. This raises the dilemma of how to ensure the fundamental rights of First Nations children are effectively protected, whilst also respecting the 'sovereign' jurisdiction of First Nations communities. The attempts of non-native society to impose controls on First Nations governments, principally through the imposition of the Canadian Charter, are rejected on the basis they continue to perpetuate a colonial philosophy. However, adopting a theory of 'rejuvenated universalism,' and on the basis of a dialogue with three native controlled child welfare agencies in British Columbia, it is argued that agreement on fundamental standards of child welfare could be forged across native and non-native cultures. It is suggested these standards should be guaranteed in a Children's Charter binding all governments in Canada. A Children's Charter which has been developed through fully inclusive cross-cultural dialogue, and which consequently reflects the values of all the various cultures, would provide an essential mechanism for the external evaluation and review of child welfare agencies in Canada, whether native or non-native, according to their own freely accepted values and principles.