Where to now? : First Nation-led research, self-determination, and the role of the settler state in British Columbia ...
Following the Calder Decision in 1970, subsequent legal rulings in Canada have defined the government’s duty to recognize First Nations’ pre-existing rights to their Traditional Territory, undermining the racist discovery doctrine and terra nullius arguments of the Crown’s claim to radical title to...
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| Format: | Text |
| Language: | English |
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University of British Columbia
2017
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| Online Access: | https://dx.doi.org/10.14288/1.0354489 https://doi.library.ubc.ca/10.14288/1.0354489 |
| Summary: | Following the Calder Decision in 1970, subsequent legal rulings in Canada have defined the government’s duty to recognize First Nations’ pre-existing rights to their Traditional Territory, undermining the racist discovery doctrine and terra nullius arguments of the Crown’s claim to radical title to the Province of British Columbia. In doing so, the courts have declared the importance of First Nation historical research, specifically Oral History evidence, in demonstrating Aboriginal Rights and Title. With this, an industry of consultants and academics has arisen to aid in the collection of place-based Traditional Knowledge held and protected by community members. Employing scientific rigor and GIS, various studies documenting land use, occupancy, and Traditional Knowledge have proven to be effective means of resistance for First Nations by securing vital concessions of revenue and management authority from the Province. Yet, these studies are vulnerable to reproducing essentialist images of First Nation ... |
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