Deciding on the Future

Indigenous peoples in Canada, and especially in British Columbia and the northern territories, have been engaged in negotiating land and self-government agreements for many years. These agreements, known as modern treaties, recognize and modify the constitutional rights of Indigenous peoples in a nu...

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Bibliographic Details
Main Author: Promislow, Janna
Format: Book Part
Language:unknown
Published: Oxford University Press 2022
Subjects:
Online Access:http://dx.doi.org/10.1093/oso/9780198867647.003.0009
Description
Summary:Indigenous peoples in Canada, and especially in British Columbia and the northern territories, have been engaged in negotiating land and self-government agreements for many years. These agreements, known as modern treaties, recognize and modify the constitutional rights of Indigenous peoples in a number of ways. To complete an agreement, ratification of the agreement by Indigenous community members is required by negotiations policies. This chapter argues that negotiations policies pay insufficient attention to both the collective ratifying the agreement, and the campaigns leading up to the ratification vote. The context for this argument is set by a brief review of treaty negotiations processes and policies, with particular attention to context in British Columbia. It also canvasses First Nations governments and their role in relation to the individuals and collectives that hold constitutionally protected Indigenous rights. After setting the stage with these discussions, the chapter identifies problems with the conduct of ratification votes to date and gaps in the government policies that shape how the negotiations and votes are carried out. Problems identified include gaps and lack of adherence in policies regarding “overlapping and shared” Indigenous territories and how ratification campaigns are funded and supported. It argues that changes are necessary to treat Indigenous polities seriously and move towards Indigenous self-determination.