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A serpentine path: the impact of legal decisions on aboriginal rights and title on the conduct of treaty negotiations in British Columbia

Legal decisions on Aboriginal rights and title and treaty negotiations with First Nations in British Columbia (BC) are inextricably linked. While much has been written on the impacts of a small number of such legal decisions, there has been very little research that critically examines how legal decisions on Aboriginal rights and title, in general, influence the way the parties to the BC treaty process conduct treaty negotiations. In-depth interviews with ten First Nations, provincial, and federal chief negotiators/advisers, together with British Columbia Treaty Commission (BCTC) commissioners and senior-level program staff, suggest that legal decisions on Aboriginal rights and title influence the conduct of treaty negotiations in an indirect and serpentine manner. Further to this, the results suggest that legal decisions on Aboriginal rights and title may act to simultaneously facilitate and constrain the conduct of negotiations.

Identiferoai:union.ndltd.org:uvic.ca/oai:dspace.library.uvic.ca:1828/1229
Date28 October 2008
CreatorsRichmond, Patrick André
ContributorsMaloney, Maureen
Source SetsUniversity of Victoria
LanguageEnglish, English
Detected LanguageEnglish
TypeThesis
RightsAvailable to the World Wide Web

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