Many indigenous communities perceive an intimate connection between land and religion, and land has, and continues to remain, at the heart of indigenous-state relations. This dissertation examines how philosophies of land and religion in correlation with histories of dispossession and differentiation contribute to socio-political structures that threaten the religious freedom of Aboriginal peoples and the very existence of indigenous religious traditions, cultures, and sacred sites in Canada today. Through a political-philosophical approach to ethical concerns of justice as fairness, national minorities’ rights, and religious freedom, I examine court decisions, legislation, and official protocols that shape contemporary indigenous-state relations. I identify philosophical and structural issues preventing Canada from protecting the fundamental rights guaranteed to indigenous peoples and all Canadians. More specifically, I examine the historical manifestations of concepts of land and religion in philosophies of colonization, emphasizing their effects in contemporary indigenous-state relations. I analyze the impacts of secularization, socio-economic expansion, and the dispossession of Aboriginal traditional lands on the protection of indigenous cultural rights and off-reserve sacred sites. Based on this analysis, I discuss communicative democratic theory and the potential benefits and limitations of the “Duty to Consult and Accommodate”—the most recent framework for indigenous-state relations—for the protection of indigenous religious traditions and the importance of the inclusion of indigenous peoples in administrative and decision-making processes. Finally, I explore indigenous representation, religious revitalization and the politics of authenticity, authority, diversity and cultural change.

This thesis focuses on the interrelationship between Canadian colonial histories and Indigenous healing. I begin by problematising how colonialism is invoked in contemporary scholarship on Aboriginal health and healing, and arguing for more precise historical methods and a more relational understanding of colonial processes. Historicising Indigenous agency is integral to this analysis. Whilst colonial continuities in contemporary Canadian public policy discourse is an important theme, I also attend to social movements, institutions, professions, and political and economic forces beyond the state. Indigenous healing as a socio-political movement itself has a history dating at least to the late 1960s. Urban Indigenous healing discourse is characterised by linking present-day suffering to collective historical losses, and valorizing the reclamation of Indigenous identity, knowledge and social relations. Drawing on urban Indigenous social histories from Kenora and Toronto, I consider the urban healing movement as an example of Indigenous resistance influenced by the international decolonization and North American Red Power movements, but which over time has also engaged with dominant institutions, professions, policies, and discourses, such as the concept of trauma. My analysis considers professionals and patients invoking historical trauma as political agents, both responding to and participating in broader shifts in the moral economy. These shifts have created the conditions of possibility for public victimhood to become a viable strategy for attracting attention and resources to suffering and injustice. The thesis highlights the centrality and complexity of self-determination in urban Indigenous healing, drawing on historical and ethnographic analysis from three southern Ontario cities. I analyse how the liberal multiculturalism paradigm dominant in health policy and health care settings contributes to mental health professionals’ failure to recognise Aboriginal clients and issues. I argue that characterising pan-Aboriginal and ethno-national healing as approaches in opposition to one another produces an insufficiently nuanced analysis in the context of urban Indigenous subjectivities and social relations, where both approaches are valuable for different reasons. The thesis urges greater attention to the role of languages and local histories, and to the threat which dominant policy discourses on residential schools and mental health pose to the maintenance of distinct ethno-national histories, epistemologies and traditions in urban Indigenous healing.

This thesis focuses on the interrelationship between Canadian colonial histories and Indigenous healing. I begin by problematising how colonialism is invoked in contemporary scholarship on Aboriginal health and healing, and arguing for more precise historical methods and a more relational understanding of colonial processes. Historicising Indigenous agency is integral to this analysis. Whilst colonial continuities in contemporary Canadian public policy discourse is an important theme, I also attend to social movements, institutions, professions, and political and economic forces beyond the state. Indigenous healing as a socio-political movement itself has a history dating at least to the late 1960s. Urban Indigenous healing discourse is characterised by linking present-day suffering to collective historical losses, and valorizing the reclamation of Indigenous identity, knowledge and social relations. Drawing on urban Indigenous social histories from Kenora and Toronto, I consider the urban healing movement as an example of Indigenous resistance influenced by the international decolonization and North American Red Power movements, but which over time has also engaged with dominant institutions, professions, policies, and discourses, such as the concept of trauma. My analysis considers professionals and patients invoking historical trauma as political agents, both responding to and participating in broader shifts in the moral economy. These shifts have created the conditions of possibility for public victimhood to become a viable strategy for attracting attention and resources to suffering and injustice. The thesis highlights the centrality and complexity of self-determination in urban Indigenous healing, drawing on historical and ethnographic analysis from three southern Ontario cities. I analyse how the liberal multiculturalism paradigm dominant in health policy and health care settings contributes to mental health professionals’ failure to recognise Aboriginal clients and issues. I argue that characterising pan-Aboriginal and ethno-national healing as approaches in opposition to one another produces an insufficiently nuanced analysis in the context of urban Indigenous subjectivities and social relations, where both approaches are valuable for different reasons. The thesis urges greater attention to the role of languages and local histories, and to the threat which dominant policy discourses on residential schools and mental health pose to the maintenance of distinct ethno-national histories, epistemologies and traditions in urban Indigenous healing.

In Canada, First Nations asserting authority over their lands are developing diverse strategies to overcome the state’s dogmatic insistence on jurisdictional sovereignty. This movement corresponds to the wider context of the challenges faced by indigenous people to use their own ways of knowing to resist or reformulate legal doctrines and political tenets based on colonial power. Interior Salish St’át’imc people identify themselves through a strong and ongoing social relationship with Satáqwa7, the Fraser River, and the “Valley of Plenty”— now known as the flooded Bridge River Valley – maintained through St’át’imc knowledge and cultural practice and demonstrated by talk of “the St’át’imc right to fish” and Tsuwalhkálh Ti Tmícwa (The Land is Ours). St’át’imc fishers are prepared to contest and resist any regulatory system that is understood to impact this right to fish while they advocate their own ways of sustainable fishing and water management. Based on ethnographic research in collaboration with St’át’imc people, this thesis explores some of these often successful contestations especially in the context of increasing territorial governance and by example of the rapidly transforming relationship between St’át’imc, BC Hydro and the Province of BC. Interior Salish St’át’imc people are currently navigating through a significant phase of increasing jurisdiction and authority and recognition of (unsettled) territorial property relationships. This very dynamic process is marked by strategic collaborations, compensation for ‘infringements’ on St’át’imc Title and Rights, and conservation efforts to protect their home. An important example is the changing relationship between St’át’imc people and BC Hydro – a relationship between two groups with radically different cultures and agendas: St’át’imc people in a struggle for self-determination, social justice and cultural survival and BC Hydro, a corporate culture, with the agenda to provide hydro-electric power to BC, maintain operation ‘certainty’ and to generate revenue. Exploring the different ways of relating to and acting on the land will allow for more holistic and shared cultural practices of co-governing land, working collectively, remembering history, co-existing in the present and sharing a common future according to the ethical ideals of reconciliation: accountability for wrongdoing, justice, sharing, respect, transcending of hegemonic silences and increased public knowledge. / Graduate

Many indigenous communities perceive an intimate connection between land and religion, and land has, and continues to remain, at the heart of indigenous-state relations. This dissertation examines how philosophies of land and religion in correlation with histories of dispossession and differentiation contribute to socio-political structures that threaten the religious freedom of Aboriginal peoples and the very existence of indigenous religious traditions, cultures, and sacred sites in Canada today. Through a political-philosophical approach to ethical concerns of justice as fairness, national minorities’ rights, and religious freedom, I examine court decisions, legislation, and official protocols that shape contemporary indigenous-state relations. I identify philosophical and structural issues preventing Canada from protecting the fundamental rights guaranteed to indigenous peoples and all Canadians. More specifically, I examine the historical manifestations of concepts of land and religion in philosophies of colonization, emphasizing their effects in contemporary indigenous-state relations. I analyze the impacts of secularization, socio-economic expansion, and the dispossession of Aboriginal traditional lands on the protection of indigenous cultural rights and off-reserve sacred sites. Based on this analysis, I discuss communicative democratic theory and the potential benefits and limitations of the “Duty to Consult and Accommodate”—the most recent framework for indigenous-state relations—for the protection of indigenous religious traditions and the importance of the inclusion of indigenous peoples in administrative and decision-making processes. Finally, I explore indigenous representation, religious revitalization and the politics of authenticity, authority, diversity and cultural change.

This study examines the concept of coloniality in relation to states' approach to indigenous people's rights, through the perspective of decoloniality. The two countries being compared are Bolivia and Sweden, two countries that differ in many ways. Indigenous peoples are living in the present time and have struggled since modern/Western interference in claiming their position and rights in the part of a reality of existing together. The states’ positioning towards indigenous peoples' rights is evidently contradicting depending on the context. Although international indigenous rights regimes are encouraging as well as setting new standards and norms, the challenges to fully implement them on a national level continue to exist.  Through a semi-systematic literature review, this study aims to analyze and compare how the two states (Bolivia and Sweden) position themselves towards indigenous rights. The theoretical framework for this study is based on decolonial reasoning and indigenous rights regimes, to determine what processes of coloniality are present. In Bolivia and Sweden, the context of indigenous challenges is markedly different, but this study strives to point to some similarities as also incongruencies and gaps when it comes to the state´s approach towards indigenous rights in the two countries.

This dissertation identifies institutional positivism and historically grounded pluralism as interpretive trends in the Canadian case law on Indigenous-state relations, and explores tensions between these trends. These are tensions between practices of judicial interpretation, not between theories of interpretation or legal concepts. They are practices developed case- by-case, with interpretive trends emerging over time through series of cases addressing similar issues in related contexts. Institutional positivist approaches insist that judicial recognition of Indigenous legal orders and accommodation of Indigenous interests must take place within established constitutional forms founded on state sovereignty. Historically grounded pluralist approaches show greater willingness to balance principles of state sovereignty against principles of popular sovereignty and of Indigenous priority in Canadian territory. While the two approaches overlap significantly, their differences sometimes lead to contrasting legal conclusions on key issues of, e.g., treaty interpretation, the relationship between Indigenous legal orders and the state legal system, and the jurisdictional dimension of Aboriginal title. This dissertation examines these positivist-pluralist tensions in the context of the current period of ideological transition and rapidly evolving imaginaries of Indigenous-state relations. Chapters 1 and 2 explore the case law to highlight concrete ways in which this ideological transition finds doctrinal expression in both positivist and pluralist modes. Chapters 3 and 4 offer broader reflections on philosophical debates relating to legal positivism and the role of popular sovereignty in constitutional interpretation by Canadian courts. The final chapter then considers the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in Canadian law, with a focus on implementing legislation recently adopted by British Columbia and on two recent judgments that split the Supreme Court of Canada on the proper role of the Canadian judiciary in coordinating Canadian state law with non-state legal orders (Indigenous in one case and international in the other). This concluding chapter explains how the ongoing interplay of positivist and pluralist concerns will inevitably shape the reception of UNDRIP in Canadian law and the ongoing elaboration of Canadian Aboriginal law more generally. / Graduate / 2022-08-26