No description available.

Under debate is how 'outside' planners can best work with different cultures to ensure inclusion and participation. It is evident why in general planners need to expand their understanding of different cultures if they are to work with them effectively and appropriately, but not enough empirical research has been undertaken on what planners find they need to know in the specific context of working with First Nations. On the basis of a literature review and the author's own extensive experience with First Nations, seven areas of knowledge (themes) were identified as likely to be relevant to outside planners working with First Nations. These seven knowledge themes guided interviews with nine planners who were asked which of these kinds of knowledge they found useful when working with First Nations in western and northern Canada, and Alaska, particularly when facilitating participatory planning. The first six identified themes concern knowledge of First Nations' value and traditional knowledge systems; authority relations; social organization; communication processes; participation processes; and capacity for planning. The seventh theme is knowledge about effective methods that planners can employ to facilitate participatory relationships with First Nations communities and individuals. The findings from the interviews add to our understanding of what outside planners need to consider when they work with First Nations. The findings are particularly instructive in the theme areas of First Nations' communication and participation processes, and in the area of planner practice. It was also found that while the seven areas of knowledge are relevant to planners at all stages of working with First Nations, they are particularly important when planners and First Nations begin their planning relationship, when planners first enter a community, and when planners are helping communities to develop their planning processes. Research is now needed on what First Nations' individuals themselves think planners should know if they are to be effective in promoting culturally appropriate, inclusive, and participatory planning in First Nations settings.

The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining and implementing the right. Firstly, the importance and legitimacy of the right to self-government is recognized through its beginnings in the human right norm of self-determination in international law to the establishment of the right in Canadian domestic law. Secondly, an evaluation of the principal attempts, on behalf of the governments and the courts, to give meaning and scope to the aboriginal right to self-government, which culminate in the conclusion of modern agreements, reveals their many inefficiencies and the need for a workable and concrete alternative. Lastly, the main lacunae of the negotiation process, the main process by which the right is concluded and implemented, and the use of the courts to determine the scope and protection of the right to self-government, are revealed. An analysis of European initiatives to entrench the right to self-government, mainly the European Charter of Self-Government and its established set of principles that guide the creation of self-government agreements, are also used in order to propose a viable option for the establishment of a principled framework for the aboriginal right to self-government in Canada.

Under debate is how 'outside' planners can best work with different cultures to ensure inclusion and participation. It is evident why in general planners need to expand their understanding of different cultures if they are to work with them effectively and appropriately, but not enough empirical research has been undertaken on what planners find they need to know in the specific context of working with First Nations. On the basis of a literature review and the author's own extensive experience with First Nations, seven areas of knowledge (themes) were identified as likely to be relevant to outside planners working with First Nations. These seven knowledge themes guided interviews with nine planners who were asked which of these kinds of knowledge they found useful when working with First Nations in western and northern Canada, and Alaska, particularly when facilitating participatory planning. The first six identified themes concern knowledge of First Nations' value and traditional knowledge systems; authority relations; social organization; communication processes; participation processes; and capacity for planning. The seventh theme is knowledge about effective methods that planners can employ to facilitate participatory relationships with First Nations communities and individuals. The findings from the interviews add to our understanding of what outside planners need to consider when they work with First Nations. The findings are particularly instructive in the theme areas of First Nations' communication and participation processes, and in the area of planner practice. It was also found that while the seven areas of knowledge are relevant to planners at all stages of working with First Nations, they are particularly important when planners and First Nations begin their planning relationship, when planners first enter a community, and when planners are helping communities to develop their planning processes. Research is now needed on what First Nations' individuals themselves think planners should know if they are to be effective in promoting culturally appropriate, inclusive, and participatory planning in First Nations settings. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

No description available.

This thesis argues that despite political promises and rhetoric to the contrary the federal and provincial governments maintain through their policies, legislation, and regulations the continued assimilation of First Nations; under the guise of supporting First Nations attempts to resume governance over child and family services. It is my assertion that governments both federal, provincial and First Nations need to begin a process and transition towards self-governance in child and family services based on our traditional laws and practices, in order to ensure the continued survival of our nations. I have set out a number of preliminary options for assisting in the process of decolonization in the area of child welfare. This thesis is written from my perspective as a First Nations woman engaged in the practice of law in the area of First Nations child and family services. A perspective which is inspired by the political work of my relations in the advancement of Aboriginal rights and title in British Columbia. In chapter one I discuss the impact of colonization on First Nations children, families, communities and governments and conclude that the state (federal and provincial governments), far from promoting First Nations child welfare, have served to create enormous despair, poverty, dependency, and an erosion of First Nations cultures, languages, and governance. This chapter ends with a discussion of First Nations values, practices and traditions in relation to child rearing and "child protection. Chapter two examines the recent changes to child and family service delivery in British Columbia , changes which effectively continue the process of assimilation. Chapter three examines the current delegated model of First Nations child and family services in British Columbia. I argue that the delegated model is premised on assimilation, in that First Nations are bound to comply with the very legislative and administrative models that were illustrated in chapters one and two to have had such a devastating impact on First Nations children, families, communities and governments. Finally, the fourth chapter provides an overview of the federal and provincial constitutional framework and political "support" for self-government juxtaposed against First Nations' perspectives of their inherent right to self-government. In conclusion I propose a number of interim measures that would support First Nations resumption of self-government of child and family services . It is extremely important, in my opinion, that a process and transition towards true self-governance begin as soon as possible building upon First Nations community values and cultural practices.

This thesis makes the legal argument that certain histories of aboriginal child removals in Canada and Australia, that is, the residential school experience in Canada, and the program of child institutionalization in Australia, meet the definition of 'genocide' in Article II of the Convention on the Prevention and Punishment of the Crime of Genocide. My primary focus is on that Convention's requirement that an act be committed with an "intent to destroy a group". My first concern in formulating legal argument around the Convention's intent requirement is to offer a theory of the legal subject implicit in legal liberalism. Legal liberalism privileges the individual, and individual responsibility, in order to underscore its founding premises of freedom and equality. The intentionality of the subject in this framework is a function of the individual, and not the wider cultural and historical conditions in which the subject exists. Using a historical socio-legal approach, I attempt to develop a framework of legal subjectivity and legal intent which reveals rather than suppresses the cultural forces at work in the production of an intent to genocide. Having reacquainted the subject with the universe beyond the individual, I move on with the first limb of my legal argument around intent in the Genocide Convention to address the systemic means through which child removal policy was developed and enforced. In this, I confront two difficulties: firstly, the difficulty of locating in any single person an intent to commit, and hence responsibility for, genocide; and secondly, the corresponding difficulty of finding that a system intended an action in the legal sense. I respond to both of these difficulties by arguing for a notion of legal subjectivity which comprehends organisations, and correspondingly a notion of intent which is responsive (both on an individual and an organisational level) to systematically instituted crimes such as genocide. The second limb of my argument around intent confronts the defence of benevolent intent. In this defence, enforcers of child removals rely on a genuine belief in the benevolence of the 'civilising' project they were engaged in, so that there can be no intent to destroy a group. I reveal the cultural processes at work to produce the profound disjunction between aboriginal and settler subjectivities, especially as those subjectivities crystallize around the removal of aboriginal children. I locate this disjunction in the twin imperatives of colonial culture, those of oppression and legitimation. I argue that colonial culture exacts a justification for oppression, and that aboriginal people have been "othered" (in gendered, raced, and classed terms) to provide it. Intent to destroy a group, then, will be located via an enquiry which confronts the interests of colonial culture and aligns them firstly with the oppression of aboriginal people, and secondly with the discourses which developed to render that oppression in benevolent terms. The interpretation of the Genocide Convention is thus guided by the demands of context: and in context is revealed an intent to genocide by child removal.

No description available.

Indian people in every agency in British Columbia suffered an injustice when the McKenna-McBride joint commission of the federal and provincial governments adjusted Indian reserve lands between 1913 and 1916. The report of this Royal Commission was amended before it was adopted by both governments in 1924, but the amendments only served to compound the inequity. This history of reserve land cut-offs in British Columbia considers the individual development of federal and provincial Indian land policies, the negotiations to homogenize them after union in 1871, and the efforts of Indians to resist reserve cut-offs. The primary sources, many of them generated by the reserve adjustment process of the Royal Commission, have allowed me to calculate the relative values of lands cut off or added by the commission, to discern the practical effects of the 1924 amendments, and to identify the principal consultants of the commission. These results, considered together with secondary sources which treat various aspects of reserve land cut-offs, indicate that the injustice was done at the insistence of the British Columbia government. Nevertheless, the federal government must share in the blame. It betrayed its role of protector of the Indians for the sake of creating a uniform Indian policy, no matter how unjust. / Arts, Faculty of / History, Department of / Graduate

This thesis examines the changing role of Indian women, particularly in northern Canadian communities where the pace of directed change has been compressed during the past twenty-five years. In the area now designated 'Yukon Territory' live descendents of Athapaskan, Inland Tlingit and Tagish speaking peoples. It is suggested here that the woman's role is potentially very important in determining the direction of change within Indian communities. Despite radical alterations in the Indian way of life, discontinuity is less abrupt for the women because the role of mother links them both with the past and with the future. In a situation of change, links are necessary to bridge the gap between the past and the future if cultural identity is to be maintained. Cross-cultural data suggests that women's potential in this role is being recognized in many areas of the world. In Canada, this is frequently ignored. Indian men and women are often lumped as an undifferentiated group without recognition of individual needs and capabilities. Since the building of the Alaska highway and the opening up of mines, an industrial economy has displaced the former hunting and trapping economy in the Yukon. Many Indian men are abandoning traditional economic pursuits and are expected to compete with non-Indians in activities for which they are often not technically or psychologically prepared. In the new cultural environment Indian women are presented with opportunities for independent activity which were traditionally not available to them. With new opportunities come new and often conflicting expectations, held both by Indians and by non-Indians, about ways in which an Indian woman should behave. A variety of government agencies claim a vested interest in, and a responsibility for, an Indian family. Each agency places independent demands on the mother, often with very little comprehension of her aims, goals and values. Indian women have access to sources of information which are less available to Indian men. They use this information to reformulate their own ideas about their place in the changing environment. Practical possibilities for greater involvement of women in change do exist; however, this involvement trust occur on the women's own terms rather than solely on the terms of individuals who deal with women in an administrative capacity. / Arts, Faculty of / Sociology, Department of / Graduate