The Pacific coast salmon fishery has a legacy extending into the shadows of historic time. Since the last ice age, aboriginal communities have actively participated in the harvesting, regulation and management of the salmon resource. First Nations' societies developed governance structures which regulated resource use and access. Prior to colonization and the articulation of a state resource management system, indigenous systems were the sole management regime and they functioned to sustain the fishery for thousands of years. As European colonization proceeded and British Columbia joined Confederation in 1871, federal institutions began to assert their authority over the management of the Pacific fishery. The net effect was to suppress and marginalize indigenous populations from an active and meaningful role in fisheries management. This thesis provides an analysis of First Nations involvement in current fisheries management in the Skeena inland fisheries and explores the potential of co-management agreements for reconciling the two systems of resource management. The objectives of the thesis are: (i) to outline the divergent value systems which underlie resource-based conflict in crosscultural settings; (ii) to identify key components of the indigenous resource management system as expressed within the fishery; (iii) to apply three analytical frameworks to help analyze the current regulatory regime within the inland fisheries; and (iv) to identify recommendations arising from the case study for the future of co-management within the inland fisheries. The introductory chapters outline the historical, philosophical and theoretical contexts for the research. My case study focuses upon the current fisheries management regime, within the inland fisheries, of the Gitxsan and Wet'suwet'en Nations. The study examines key features of the indigenous resource management system and discusses how this system acted to restrict access and regulate harvesting activities. Government regulations which have impacted First Nations harvesting are outlined and the history of fisheries conflict between the state and the Gitxsan and Wet'suwet'en is profiled. The core of the conflict involved a jurisdictional dispute concerning aboriginal rights and authority within the fisheries. Litigation by First Nations resulted in key court rulings which established a legal framework for aboriginal fishing rights. The policy response by government to the new legal context involved the delivery of the Aboriginal Fisheries Strategy. This program, which is intended to deliver co-management, is assessed in terms of its application within the fisheries of the Gitxsan and Wet'suwet'en Nations. It is argued that a form of co-management is being expressed but the program is not addressing key concerns raised by the First Nations. Nineteen strengths evident within the current fisheries management practice of the Gitxsan and Wet'suwet'en are identified. Some of these include internal policy development, role of the hereditary system, community support, watershed focus and a pro-active stance. The analysis leads me to conclude that the Gitxsan and Wet'suwet'en agreements under the Aboriginal Fisheries Strategy are more enhanced than other AFS agreements and I argue that this is directly related to the political empowerment processes which have been actively expressed by these First Nations. It is suggested that co-management, empowerment and community economic development are inter-related processes each acting to reinforce the other. I end my research by generating 13 recommendations to enhance fisheries co-management, sustainability and to deliver some measure of historical justice.

The Pacific coast salmon fishery has a legacy extending into the shadows of historic time. Since the last ice age, aboriginal communities have actively participated in the harvesting, regulation and management of the salmon resource. First Nations' societies developed governance structures which regulated resource use and access. Prior to colonization and the articulation of a state resource management system, indigenous systems were the sole management regime and they functioned to sustain the fishery for thousands of years. As European colonization proceeded and British Columbia joined Confederation in 1871, federal institutions began to assert their authority over the management of the Pacific fishery. The net effect was to suppress and marginalize indigenous populations from an active and meaningful role in fisheries management. This thesis provides an analysis of First Nations involvement in current fisheries management in the Skeena inland fisheries and explores the potential of co-management agreements for reconciling the two systems of resource management. The objectives of the thesis are: (i) to outline the divergent value systems which underlie resource-based conflict in crosscultural settings; (ii) to identify key components of the indigenous resource management system as expressed within the fishery; (iii) to apply three analytical frameworks to help analyze the current regulatory regime within the inland fisheries; and (iv) to identify recommendations arising from the case study for the future of co-management within the inland fisheries. The introductory chapters outline the historical, philosophical and theoretical contexts for the research. My case study focuses upon the current fisheries management regime, within the inland fisheries, of the Gitxsan and Wet'suwet'en Nations. The study examines key features of the indigenous resource management system and discusses how this system acted to restrict access and regulate harvesting activities. Government regulations which have impacted First Nations harvesting are outlined and the history of fisheries conflict between the state and the Gitxsan and Wet'suwet'en is profiled. The core of the conflict involved a jurisdictional dispute concerning aboriginal rights and authority within the fisheries. Litigation by First Nations resulted in key court rulings which established a legal framework for aboriginal fishing rights. The policy response by government to the new legal context involved the delivery of the Aboriginal Fisheries Strategy. This program, which is intended to deliver co-management, is assessed in terms of its application within the fisheries of the Gitxsan and Wet'suwet'en Nations. It is argued that a form of co-management is being expressed but the program is not addressing key concerns raised by the First Nations. Nineteen strengths evident within the current fisheries management practice of the Gitxsan and Wet'suwet'en are identified. Some of these include internal policy development, role of the hereditary system, community support, watershed focus and a pro-active stance. The analysis leads me to conclude that the Gitxsan and Wet'suwet'en agreements under the Aboriginal Fisheries Strategy are more enhanced than other AFS agreements and I argue that this is directly related to the political empowerment processes which have been actively expressed by these First Nations. It is suggested that co-management, empowerment and community economic development are inter-related processes each acting to reinforce the other. I end my research by generating 13 recommendations to enhance fisheries co-management, sustainability and to deliver some measure of historical justice. / Applied Science, Faculty of / Community and Regional Planning (SCARP), School of / Graduate

This thesis will explore how the Supreme Court of Canada understands and frames the religious ways of the Gitksan and Wet’suwet’en First Nations peoples, in the case Delgamuukw v. British Columbia (1997). The case started as a land claims case but at the Supreme Court level it became about whether Aboriginal oral knowledge could be used as historical evidence in a Canadian court of law, in particular for this dispute, as an aid for First Nations peoples to establish title to their traditional territories. The Court decided that Aboriginal oral knowledge could be used as evidence. This thesis does five things: 1. It examines some of the tools that can be used to examine and evaluate how the religious ways of Aboriginal peoples are discussed in law in Canada. Here it focuses on using a broad understanding of religion as “lived” to understand religion. It also establishes a social-scientific method of discourse analysis, drawn from a number of sources, to evaluate legal documents. 2. This thesis explores the socio-legal context in Canada in which Aboriginal peoples and their claims need to be understood. Here the presence of European and Christian views that are still present in society and social institutions in Canada and the way they affect how Aboriginal religious ways are understood is determined. The characteristics of law that make it difficult for Aboriginal claims to be understood and handled adequately in court in Canada are also investigated. 3. The third aspect that this thesis focuses on the markers of the religious ways of Aboriginal peoples in the Delgamuukw case and how are they understood in the Canadian socio-legal context. Here there is discussion of oral knowledge, land, crests, feasting and totem poles and what each might mean for the Gitksan and Wet’suwet’en peoples and how the legal system might have trouble handling them. 4. Analysis of the Delgamuukw case is the fourth part of this thesis. How the law understands and frames the religious ways of the Gitksan and Wet’suwet’en peoples in the Delgamuukw case are investigated. It is determined that the Court downplayed the religious ways of Aboriginal peoples (by “writing out”, by using vague language to refer to it or by not mentioning it at all); it did not do justice to Aboriginal beliefs by labeling oral knowledge as “sacred”; the Delgamuukw decision fell short of really treating oral knowledge as equal to other forms of historical evidence by excluding oral knowledge with religious content; legal adjudicators made pronouncements on the religious uses of land for the Gitksan and Wet’suwet’en and finally; land was quantified, regulated and title was diminished by the ability for the court to infringe on it. What these actions by the Court suggested about how it understands religion and the religious ways of Aboriginal peoples where also contemplated. It was noted that the law characterized issues and used language in particular ways to avoid discussing religion, to discount it as evidence, and used a Christian understanding of religion to comprehend Aboriginal religious ways, which did not do justice to their beliefs. 5. The last part of this thesis questions whether there other ways in which the law, and the majority of non-Aboriginal peoples in Canada, could come to better understand and handle the religious ways of Aboriginal peoples than they did in the Delgamuukw case. It determines that there are a number of indications that suggest that this is possible including, the unique historical situation of Canada, the teaching and communication skills present in many Aboriginal communities, the space opened surrounding the inclusion of oral knowledge as evidence in law, increasing dialogue with Aboriginal communities, and the current revaluation of history. Nevertheless, there is also an ambivalence on behalf of the law regarding whether or not it will go in the direction that could view Aboriginal religious ways in alternative ways which could result in a better understanding these ways on their own terms. The thesis concludes that according to analysis of the Delgamuukw case, law has difficulty understanding and handling the religious ways of Aboriginal peoples in Canada.

This thesis will explore how the Supreme Court of Canada understands and frames the religious ways of the Gitksan and Wet’suwet’en First Nations peoples, in the case Delgamuukw v. British Columbia (1997). The case started as a land claims case but at the Supreme Court level it became about whether Aboriginal oral knowledge could be used as historical evidence in a Canadian court of law, in particular for this dispute, as an aid for First Nations peoples to establish title to their traditional territories. The Court decided that Aboriginal oral knowledge could be used as evidence. This thesis does five things: 1. It examines some of the tools that can be used to examine and evaluate how the religious ways of Aboriginal peoples are discussed in law in Canada. Here it focuses on using a broad understanding of religion as “lived” to understand religion. It also establishes a social-scientific method of discourse analysis, drawn from a number of sources, to evaluate legal documents. 2. This thesis explores the socio-legal context in Canada in which Aboriginal peoples and their claims need to be understood. Here the presence of European and Christian views that are still present in society and social institutions in Canada and the way they affect how Aboriginal religious ways are understood is determined. The characteristics of law that make it difficult for Aboriginal claims to be understood and handled adequately in court in Canada are also investigated. 3. The third aspect that this thesis focuses on the markers of the religious ways of Aboriginal peoples in the Delgamuukw case and how are they understood in the Canadian socio-legal context. Here there is discussion of oral knowledge, land, crests, feasting and totem poles and what each might mean for the Gitksan and Wet’suwet’en peoples and how the legal system might have trouble handling them. 4. Analysis of the Delgamuukw case is the fourth part of this thesis. How the law understands and frames the religious ways of the Gitksan and Wet’suwet’en peoples in the Delgamuukw case are investigated. It is determined that the Court downplayed the religious ways of Aboriginal peoples (by “writing out”, by using vague language to refer to it or by not mentioning it at all); it did not do justice to Aboriginal beliefs by labeling oral knowledge as “sacred”; the Delgamuukw decision fell short of really treating oral knowledge as equal to other forms of historical evidence by excluding oral knowledge with religious content; legal adjudicators made pronouncements on the religious uses of land for the Gitksan and Wet’suwet’en and finally; land was quantified, regulated and title was diminished by the ability for the court to infringe on it. What these actions by the Court suggested about how it understands religion and the religious ways of Aboriginal peoples where also contemplated. It was noted that the law characterized issues and used language in particular ways to avoid discussing religion, to discount it as evidence, and used a Christian understanding of religion to comprehend Aboriginal religious ways, which did not do justice to their beliefs. 5. The last part of this thesis questions whether there other ways in which the law, and the majority of non-Aboriginal peoples in Canada, could come to better understand and handle the religious ways of Aboriginal peoples than they did in the Delgamuukw case. It determines that there are a number of indications that suggest that this is possible including, the unique historical situation of Canada, the teaching and communication skills present in many Aboriginal communities, the space opened surrounding the inclusion of oral knowledge as evidence in law, increasing dialogue with Aboriginal communities, and the current revaluation of history. Nevertheless, there is also an ambivalence on behalf of the law regarding whether or not it will go in the direction that could view Aboriginal religious ways in alternative ways which could result in a better understanding these ways on their own terms. The thesis concludes that according to analysis of the Delgamuukw case, law has difficulty understanding and handling the religious ways of Aboriginal peoples in Canada.

Using as a case example an ownership dispute over a Gitksan origin story depicted on the carved doors of University of British Columbia's Museum of Anthropology (MOA), this thesis contributes to an understanding of the ways in which hereditary prerogatives are being exercised in new contexts on the Northwest Coast and the political ramifications this entails for both museums and traditional systems of ownership. Drawing on interviews, archival materials, and published sources, this thesis details the ongoing history of the 'Ksan doors, from their commissioning in the early-1970s, as both an architectural feature of MOA and an example of contemporary Northwest Coast art, to their emergence as the focal point of an ownership dispute twenty years later that was escalated, if not precipitated, by a 1991 interpretive-dance performance of the origin story that they depict that involved Hereditary Chief Kenneth B. Harris. The claims and actions of Chief Harris and a Gitksan woman named Dolly Watts (whom many identify as the source of the dispute) are considered both ethnographically and historically, with a final emphasis on how MOA has in this case become a forum around and through which cultural meanings and identities are being asserted.

This thesis will explore how the Supreme Court of Canada understands and frames the religious ways of the Gitksan and Wet’suwet’en First Nations peoples, in the case Delgamuukw v. British Columbia (1997). The case started as a land claims case but at the Supreme Court level it became about whether Aboriginal oral knowledge could be used as historical evidence in a Canadian court of law, in particular for this dispute, as an aid for First Nations peoples to establish title to their traditional territories. The Court decided that Aboriginal oral knowledge could be used as evidence. This thesis does five things: 1. It examines some of the tools that can be used to examine and evaluate how the religious ways of Aboriginal peoples are discussed in law in Canada. Here it focuses on using a broad understanding of religion as “lived” to understand religion. It also establishes a social-scientific method of discourse analysis, drawn from a number of sources, to evaluate legal documents. 2. This thesis explores the socio-legal context in Canada in which Aboriginal peoples and their claims need to be understood. Here the presence of European and Christian views that are still present in society and social institutions in Canada and the way they affect how Aboriginal religious ways are understood is determined. The characteristics of law that make it difficult for Aboriginal claims to be understood and handled adequately in court in Canada are also investigated. 3. The third aspect that this thesis focuses on the markers of the religious ways of Aboriginal peoples in the Delgamuukw case and how are they understood in the Canadian socio-legal context. Here there is discussion of oral knowledge, land, crests, feasting and totem poles and what each might mean for the Gitksan and Wet’suwet’en peoples and how the legal system might have trouble handling them. 4. Analysis of the Delgamuukw case is the fourth part of this thesis. How the law understands and frames the religious ways of the Gitksan and Wet’suwet’en peoples in the Delgamuukw case are investigated. It is determined that the Court downplayed the religious ways of Aboriginal peoples (by “writing out”, by using vague language to refer to it or by not mentioning it at all); it did not do justice to Aboriginal beliefs by labeling oral knowledge as “sacred”; the Delgamuukw decision fell short of really treating oral knowledge as equal to other forms of historical evidence by excluding oral knowledge with religious content; legal adjudicators made pronouncements on the religious uses of land for the Gitksan and Wet’suwet’en and finally; land was quantified, regulated and title was diminished by the ability for the court to infringe on it. What these actions by the Court suggested about how it understands religion and the religious ways of Aboriginal peoples where also contemplated. It was noted that the law characterized issues and used language in particular ways to avoid discussing religion, to discount it as evidence, and used a Christian understanding of religion to comprehend Aboriginal religious ways, which did not do justice to their beliefs. 5. The last part of this thesis questions whether there other ways in which the law, and the majority of non-Aboriginal peoples in Canada, could come to better understand and handle the religious ways of Aboriginal peoples than they did in the Delgamuukw case. It determines that there are a number of indications that suggest that this is possible including, the unique historical situation of Canada, the teaching and communication skills present in many Aboriginal communities, the space opened surrounding the inclusion of oral knowledge as evidence in law, increasing dialogue with Aboriginal communities, and the current revaluation of history. Nevertheless, there is also an ambivalence on behalf of the law regarding whether or not it will go in the direction that could view Aboriginal religious ways in alternative ways which could result in a better understanding these ways on their own terms. The thesis concludes that according to analysis of the Delgamuukw case, law has difficulty understanding and handling the religious ways of Aboriginal peoples in Canada.

Using as a case example an ownership dispute over a Gitksan origin story depicted on the carved doors of University of British Columbia's Museum of Anthropology (MOA), this thesis contributes to an understanding of the ways in which hereditary prerogatives are being exercised in new contexts on the Northwest Coast and the political ramifications this entails for both museums and traditional systems of ownership. Drawing on interviews, archival materials, and published sources, this thesis details the ongoing history of the 'Ksan doors, from their commissioning in the early-1970s, as both an architectural feature of MOA and an example of contemporary Northwest Coast art, to their emergence as the focal point of an ownership dispute twenty years later that was escalated, if not precipitated, by a 1991 interpretive-dance performance of the origin story that they depict that involved Hereditary Chief Kenneth B. Harris. The claims and actions of Chief Harris and a Gitksan woman named Dolly Watts (whom many identify as the source of the dispute) are considered both ethnographically and historically, with a final emphasis on how MOA has in this case become a forum around and through which cultural meanings and identities are being asserted. / Arts, Faculty of / Anthropology, Department of / Graduate