Thesis (M.A.) - Simon Fraser University, 2005. / Theses (Dept. of History) / Simon Fraser University. Includes bibliographical references.

Thesis (M.A. in anthropology)--Washington State University, May 2009. / Title from PDF title page (viewed on May 22, 2009). "Department of Anthropology." Includes bibliographical references (p. 50-55).

Thesis (Ph. D.)--York University, 2006. / Cover title. "April 2006." Description based on print version record. Includes bibliographical references (p. 22-25).

In much of Canada, Aboriginal rights – including land rights – were never extinguished by treaty, and presumptively continue to exist. Jurisprudence has established that in Aboriginal groups' traditional territories, they will have Aboriginal title – the right to exclusive use and occupation - in those areas where they can demonstrate both occupation and exclusivity at the date of the assertion of Crown sovereignty, and that they will have hunting and fishing rights in areas where they can demonstrate occupation but not exclusivity. This leaves open the question of what right they have in areas where they can demonstrate exclusivity but not occupation. This thesis argues for the existence in such areas of a right that has not previously been recognized in Canada, namely a right to prohibit resource use or extraction. This right – here termed “Aboriginal dominion” – is argued to be analogous to a negative easement in European property law systems. Even drawing such an analogy, however, requires a level of analysis that has been lacking with regard to Aboriginal property rights in Canada, since courts have insisted that such rights are sui generis, unique. This insistence is here called into question, and an approach that analyzes property rights as being responsive to the needs of human beings in particular times and places is urged instead. To the extent that such analysis results in the recognition of new Aboriginal rights, including Aboriginal dominion, it may help to bring Canada in line with international norms, as embodied in the United Nations Declaration on the Rights of Indigenous Peoples and other instruments, and may contribute to achievement of the ultimate goal of Canadian Aboriginal law: reconciliation.

This study examines the ethics of Western research involving Indigenous Peoples. The primary aim is to uncover the discursive strategies that impede Indigenous Peoples' social and political empowerment and the ethical issues revolving around such scholarship. The objective of this thesis is to uncover the assumptions, motivations, and values of Western research and scholarship involving Indigenous Peoples. The research addresses the distinction between assumptions about Indigenous Peoples as evidenced in the research process and the political, historical, and social reality of Indigenous Peoples. These distinctions are fundamental to the objective of negotiating an ethical order in knowledge production and research that impacts cross-cultural relation. The crucial positioning at the confluence of two worldviews enables a negotiation through counter claims as a process of developing an alternate model of knowing that illustrates a different perspective on researching. <p>Critical theory is utilized as a methodology to analyze the existing power structures and social inequalities that play a role in the nature of research involving Indigenous Peoples. This study does this by theoretical and qualitative writing that employs literature resources such as articles, documents, and books written by an increasing number of social critics from various fields and backgrounds. Numerous critical programs within the theory are used to provide avenues of critique and to pursue the development of alternate knowledge through the theory's language of possibility. In this respect, the author's voice is woven into the body of the methodology to introduce elements of primary research and as a bridging process to develop alternate views on knowledge and the research process from the Indigenous Peoples' perspective.<p> This thesis explores the basic principles of Western knowledge production to identify contradictions that would suggest inappropriate foundations for programs of research and discourses concerning Indigenous Peoples. A critical reading of literature highlights the body of critique in regards to the nature of Western research and discourses circumscribing the Western encounter with Indigenous Peoples. The introduction of the Indigenous worldview into the theoretical process illustrates a different and contrasting perspective to the idea of knowledge and its production. The encounter of these contrasting worldviews creates an ethical space, a place between worldviews, where the intentions of each are submitted for negotiation. The conceptual development of the ethical space opens up the possibility for configuring new models of research and knowledge production that is mutually developed through negotiation and respect in crosscultural interaction.<p> The role of Indigenous scholars, along with non-Indigenous allies, will be important in the formation of ethical processes of research that contemplates crossing cultural borders. The Indigenous scholar's position at the confluence of worldviews is crucial in the work required to assert and realign perspectives about Indigenous Peoples and their knowledge. Developing and disseminating Indigenous Peoples' perspectives about society and knowledge is crucial in advancing not only critique, but also in developing new forms of knowledge. The perspective of Indigenous Peoples represents a gaze on the Western world that reflects the nature of its being in moral and ethical terms.<p>Through this thesis work, I have found it is necessary to place critique within a proper and broader context that includes alternate knowledge paradigms. Critical thought with links to Western paradigms and structures cannot properly accommodate the full range of desire to develop new systems of knowledge production. The language of possibility envisioned by the theory offers the avenue to pursue alternative models of knowing in trying to achieve the goal of emancipation. The goal of emancipation for Indigenous Peoples will require the assertion of Indigenous perspectives within a theory of the possible and as a transition to an Indigenous research methodology.<p> Understanding Western social structures and systems, and the role of education in the process of knowledge and cultural transmission, is a vital necessity in coming to terms with research involving Indigenous Peoples. The system of knowledge production and its dissemination in the West has vestiges of influence from a history of colonialism and imperialism. These vestiges of colonialism translate as appropriation and exploitation of Indigenous Peoples' knowledge in the modern context. Current waves of research projects from Western institutions, under global economic auspices, threaten to continue the appropriation and exploitation of Indigenous Peoples' intellectual and cultural property. Confronting these neo-colonial practices requires a broad and protracted process of conscientization about research ethics, cultural imperialism, and the protection of Indigenous Peoples' knowledge. This can be partially achieved through curricula in universities and research institutions. Apart from protecting and enhancing solid and culturally respectful research, any new research involving Indigenous Peoples should immediately cease to allow for a full ethical debate. Only in this way can there be ethics in research involving Indigenous Peoples.

This study examines the ethics of Western research involving Indigenous Peoples. The primary aim is to uncover the discursive strategies that impede Indigenous Peoples' social and political empowerment and the ethical issues revolving around such scholarship. The objective of this thesis is to uncover the assumptions, motivations, and values of Western research and scholarship involving Indigenous Peoples. The research addresses the distinction between assumptions about Indigenous Peoples as evidenced in the research process and the political, historical, and social reality of Indigenous Peoples. These distinctions are fundamental to the objective of negotiating an ethical order in knowledge production and research that impacts cross-cultural relation. The crucial positioning at the confluence of two worldviews enables a negotiation through counter claims as a process of developing an alternate model of knowing that illustrates a different perspective on researching. <p>Critical theory is utilized as a methodology to analyze the existing power structures and social inequalities that play a role in the nature of research involving Indigenous Peoples. This study does this by theoretical and qualitative writing that employs literature resources such as articles, documents, and books written by an increasing number of social critics from various fields and backgrounds. Numerous critical programs within the theory are used to provide avenues of critique and to pursue the development of alternate knowledge through the theory's language of possibility. In this respect, the author's voice is woven into the body of the methodology to introduce elements of primary research and as a bridging process to develop alternate views on knowledge and the research process from the Indigenous Peoples' perspective.<p> This thesis explores the basic principles of Western knowledge production to identify contradictions that would suggest inappropriate foundations for programs of research and discourses concerning Indigenous Peoples. A critical reading of literature highlights the body of critique in regards to the nature of Western research and discourses circumscribing the Western encounter with Indigenous Peoples. The introduction of the Indigenous worldview into the theoretical process illustrates a different and contrasting perspective to the idea of knowledge and its production. The encounter of these contrasting worldviews creates an ethical space, a place between worldviews, where the intentions of each are submitted for negotiation. The conceptual development of the ethical space opens up the possibility for configuring new models of research and knowledge production that is mutually developed through negotiation and respect in crosscultural interaction.<p> The role of Indigenous scholars, along with non-Indigenous allies, will be important in the formation of ethical processes of research that contemplates crossing cultural borders. The Indigenous scholar's position at the confluence of worldviews is crucial in the work required to assert and realign perspectives about Indigenous Peoples and their knowledge. Developing and disseminating Indigenous Peoples' perspectives about society and knowledge is crucial in advancing not only critique, but also in developing new forms of knowledge. The perspective of Indigenous Peoples represents a gaze on the Western world that reflects the nature of its being in moral and ethical terms.<p>Through this thesis work, I have found it is necessary to place critique within a proper and broader context that includes alternate knowledge paradigms. Critical thought with links to Western paradigms and structures cannot properly accommodate the full range of desire to develop new systems of knowledge production. The language of possibility envisioned by the theory offers the avenue to pursue alternative models of knowing in trying to achieve the goal of emancipation. The goal of emancipation for Indigenous Peoples will require the assertion of Indigenous perspectives within a theory of the possible and as a transition to an Indigenous research methodology.<p> Understanding Western social structures and systems, and the role of education in the process of knowledge and cultural transmission, is a vital necessity in coming to terms with research involving Indigenous Peoples. The system of knowledge production and its dissemination in the West has vestiges of influence from a history of colonialism and imperialism. These vestiges of colonialism translate as appropriation and exploitation of Indigenous Peoples' knowledge in the modern context. Current waves of research projects from Western institutions, under global economic auspices, threaten to continue the appropriation and exploitation of Indigenous Peoples' intellectual and cultural property. Confronting these neo-colonial practices requires a broad and protracted process of conscientization about research ethics, cultural imperialism, and the protection of Indigenous Peoples' knowledge. This can be partially achieved through curricula in universities and research institutions. Apart from protecting and enhancing solid and culturally respectful research, any new research involving Indigenous Peoples should immediately cease to allow for a full ethical debate. Only in this way can there be ethics in research involving Indigenous Peoples.

The lack of Indigenous cultural knowledge and perspectives in the school curriculum has been identified as a significant factor in school failure amongst Indigenous students. This thesis includes a literature review of Indigenous education, as articulated by Indigenous scholars. Issues of identity, self-determination, local control, community, culture and a return to a traditional-holistic model of education are investigated. An analysis of experiential and place-based educational models is taken as these alternative practices have shown success in addressing Indigenous students needs. The fundamental significance story, narrative and the concept of place has in Indigenous culture and knowledge development is explored, as well as the effects colonial influences have had on Indigenous story, voice and sense of place. Using self-study methodologies and the formation of a "narrative identity" through reflexive writings, the author attempts to uncover his motives and reasoning as a non-Indigenous educator and researcher in pursuing research in Indigenous education and to develop principles that understand, are respectful and conducive to Indigenous thought.

This study examines the ethics of Western research involving Indigenous Peoples. The primary aim is to uncover the discursive strategies that impede Indigenous Peoples' social and political empowerment and the ethical issues revolving around such scholarship. The objective of this thesis is to uncover the assumptions, motivations, and values of Western research and scholarship involving Indigenous Peoples. The research addresses the distinction between assumptions about Indigenous Peoples as evidenced in the research process and the political, historical, and social reality of Indigenous Peoples. These distinctions are fundamental to the objective of negotiating an ethical order in knowledge production and research that impacts cross-cultural relation. The crucial positioning at the confluence of two worldviews enables a negotiation through counter claims as a process of developing an alternate model of knowing that illustrates a different perspective on researching. Critical theory is utilized as a methodology to analyze the existing power structures and social inequalities that play a role in the nature of research involving Indigenous Peoples. This study does this by theoretical and qualitative writing that employs literature resources such as articles, documents, and books written by an increasing number of social critics from various fields and backgrounds. Numerous critical programs within the theory are used to provide avenues of critique and to pursue the development of alternate knowledge through the theory's language of possibility. In this respect, the author's voice is woven into the body of the methodology to introduce elements of primary research and as a bridging process to develop alternate views on knowledge and the research process from the Indigenous Peoples' perspective. This thesis explores the basic principles of Western knowledge production to identify contradictions that would suggest inappropriate foundations for programs of research and discourses concerning Indigenous Peoples. A critical reading of literature highlights the body of critique in regards to the nature of Western research and discourses circumscribing the Western encounter with Indigenous Peoples. The introduction of the Indigenous worldview into the theoretical process illustrates a different and contrasting perspective to the idea of knowledge and its production. The encounter of these contrasting worldviews creates an ethical space, a place between worldviews, where the intentions of each are submitted for negotiation. The conceptual development of the ethical space opens up the possibility for configuring new models of research and knowledge production that is mutually developed through negotiation and respect in crosscultural interaction. The role of Indigenous scholars, along with non-Indigenous allies, will be important in the formation of ethical processes of research that contemplates crossing cultural borders. The Indigenous scholar's position at the confluence of worldviews is crucial in the work required to assert and realign perspectives about Indigenous Peoples and their knowledge. Developing and disseminating Indigenous Peoples' perspectives about society and knowledge is crucial in advancing not only critique, but also in developing new forms of knowledge. The perspective of Indigenous Peoples represents a gaze on the Western world that reflects the nature of its being in moral and ethical terms.Through this thesis work, I have found it is necessary to place critique within a proper and broader context that includes alternate knowledge paradigms. Critical thought with links to Western paradigms and structures cannot properly accommodate the full range of desire to develop new systems of knowledge production. The language of possibility envisioned by the theory offers the avenue to pursue alternative models of knowing in trying to achieve the goal of emancipation. The goal of emancipation for Indigenous Peoples will require the assertion of Indigenous perspectives within a theory of the possible and as a transition to an Indigenous research methodology. Understanding Western social structures and systems, and the role of education in the process of knowledge and cultural transmission, is a vital necessity in coming to terms with research involving Indigenous Peoples. The system of knowledge production and its dissemination in the West has vestiges of influence from a history of colonialism and imperialism. These vestiges of colonialism translate as appropriation and exploitation of Indigenous Peoples' knowledge in the modern context. Current waves of research projects from Western institutions, under global economic auspices, threaten to continue the appropriation and exploitation of Indigenous Peoples' intellectual and cultural property. Confronting these neo-colonial practices requires a broad and protracted process of conscientization about research ethics, cultural imperialism, and the protection of Indigenous Peoples' knowledge. This can be partially achieved through curricula in universities and research institutions. Apart from protecting and enhancing solid and culturally respectful research, any new research involving Indigenous Peoples should immediately cease to allow for a full ethical debate. Only in this way can there be ethics in research involving Indigenous Peoples.

New directions contained in section 2(2) of the Canada National Parks Act 2000 and section 4 of Aotearoa New Zealand’s Conservation Act 1987 pose a strong challenge to the 21st century concept of the national park. Section 2(2) states: “For greater certainty, nothing in this Act shall be construed so as to abrogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act 1982”. Section 35 reads: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.” In Aotearoa New Zealand, section 4 of the Conservation Act 1987 (the umbrella statute to the National Parks Act 1980) states: “This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi”. These sections demand respect for Indigenous peoples and their relationships with land encased in national parks. This challenge frames the primary questions explored in this study. They are: if there is a new commitment to recognising Indigenous peoples in law, what ought this to mean in the context of owning and managing national parks? Or, to situate the question more theoretically, and examine it through the lens of law and geography: if law made colonial space permissible, what are the implications if contemporary law recalibrates its orientation to space and belatedly recognises Indigenous place? Interwoven into exploring these core questions are themes of national identity, peoples’ connections to land, the resilience of Indigenous laws, and the power of state law to re-imagine its foundations. Legislation, case law, and national park policy plans constitute the mainstay of the primary sources for this study. This thesis concludes by observing that while significant legislative and policy movement has occurred in recognising the special relationship Indigenous peoples have with lands within national parks, the process of reimagining healthier relationships has only just begun. Law needs to shift significantly more towards recognising Indigenous place and, in turn, Indigenous knowledge systems to achieve full and final reconciliation. / Graduate

This study offers an exploration of the drama which contains Aboriginal people's effort to attain a visible reality based on cultural and political rights. It is also a deeper understanding of the empowering and disempowering Indigenes in the discursive domain as well as in the existential reality. Though the study considers a large number of playtexts written by the Indigenous playwrights from 1970s to the present, it explores playtexts written by non-Indigenous playwrights as well. Here, the chief concern is to explore the discursive features of the texts, the items both linguistic and dramatic that tend to place or exclude Aboriginal people from discourses. Such a consideration may very well go beyond the periodic consideration of the plays. The Aboriginal theatre movement started in the 1970s serves as the complete reconceptualisation of Aboriginality in terms of centering Aboriginal Identity and culture in the dominant discursive domain. Such an intervention may involve the recovery of Aboriginal history from the dominant history of Australia and infusing positive attributes to Indigenes' identity. It also provides force in their existential reality. Freed from submission to the dominant's prescription, the drama appears as an alternative formula, but a rigorously vibrant medium of contestation in which history, identity, culture, politics and reality are endlessly expressive and persuasive. Keeping with the need to expose the complexity of the process of empowering and disempowering Indigenes, I read the discursive strategies employed in a selection of playtexts. The empowering drama adds dignity to Aboriginal people's gesture of friendship and goodwill and contrasts with the representation of aggressive colonial one. The drama exposes the encounter between negative and positive features in the representation of Aboriginality, thereby suggesting fighting against the authoritative design involves the representation of Indigenes in their terms. The most significant element the empowering drama contributes is its ability to capture the experience of the struggle of Indigenes to survive since colonisation. Aboriginal drama focuses more on the strategies to unsettle the dominant system than on the social order and the context. The final paradox is the act of inclusion and exclusion of Indigenes to/from the dominant theatrical discourses that indicate a fine line between empowerment and disempowerment.