Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties
Indigenous social and legal orders are a source for addressing the challenge of overlapping claims in exercising historic treaty rights in the territories of neighbouring nontreaty Indigenous Peoples. The Vancouver Island Treaties (also known as the Douglas Treaties) of the 1850s made commitments th...
Published in: | Anthropologica |
---|---|
Main Author: | |
Format: | Article in Journal/Newspaper |
Language: | English |
Published: |
Anthropologica
2020
|
Subjects: | |
Online Access: | http://hdl.handle.net/1828/15584 https://doi.org/10.3138/anth-2020-0014 |
id |
ftuvicpubl:oai:dspace.library.uvic.ca:1828/15584 |
---|---|
record_format |
openpolar |
spelling |
ftuvicpubl:oai:dspace.library.uvic.ca:1828/15584 2023-12-03T10:22:44+01:00 Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties Thom, Brian 2020 application/pdf http://hdl.handle.net/1828/15584 https://doi.org/10.3138/anth-2020-0014 en eng Anthropologica Thom, B. (2020). Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties. Anthropologica, 62(2), 295-307. https://doi.org/10.3138/anth-2020-0014 https://doi.org/10.3138/anth-2020-0014 http://hdl.handle.net/1828/15584 Indigenous territory Douglas Treaties modern-day treaty negotiations Indigenous law hunting rights Article 2020 ftuvicpubl https://doi.org/10.3138/anth-2020-0014 2023-11-08T00:47:26Z Indigenous social and legal orders are a source for addressing the challenge of overlapping claims in exercising historic treaty rights in the territories of neighbouring nontreaty Indigenous Peoples. The Vancouver Island Treaties (also known as the Douglas Treaties) of the 1850s made commitments that signatory communities could continue to hunt on unoccupied lands and carry on their fisheries as formerly. Today, as urban, agricultural and industrial forestry have constrained where people can exercise their treaty rights locally, individuals from these nations exercise harvesting rights in “extended territories” of their neighbours. Through detailing several court cases where these treaty rights were challenged by the Crown and the texts of modern-day treaty documents, I show how Coast Salish people continue to draw on local values and legal principles to articulate their distinctive vision of territory and community, both engaging and subverting divisive “overlapping claims” discourses. Not only First Nations but the state, through the judiciary, Crown counsel and land claims negotiators, also, at times, acknowledge and recognise the principles of kin and land tenure that are the foundation for addressing the challenges of overlapping claims. Faculty Reviewed Article in Journal/Newspaper First Nations University of Victoria (Canada): UVicDSpace Anthropologica 62 2 295 307 |
institution |
Open Polar |
collection |
University of Victoria (Canada): UVicDSpace |
op_collection_id |
ftuvicpubl |
language |
English |
topic |
Indigenous territory Douglas Treaties modern-day treaty negotiations Indigenous law hunting rights |
spellingShingle |
Indigenous territory Douglas Treaties modern-day treaty negotiations Indigenous law hunting rights Thom, Brian Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties |
topic_facet |
Indigenous territory Douglas Treaties modern-day treaty negotiations Indigenous law hunting rights |
description |
Indigenous social and legal orders are a source for addressing the challenge of overlapping claims in exercising historic treaty rights in the territories of neighbouring nontreaty Indigenous Peoples. The Vancouver Island Treaties (also known as the Douglas Treaties) of the 1850s made commitments that signatory communities could continue to hunt on unoccupied lands and carry on their fisheries as formerly. Today, as urban, agricultural and industrial forestry have constrained where people can exercise their treaty rights locally, individuals from these nations exercise harvesting rights in “extended territories” of their neighbours. Through detailing several court cases where these treaty rights were challenged by the Crown and the texts of modern-day treaty documents, I show how Coast Salish people continue to draw on local values and legal principles to articulate their distinctive vision of territory and community, both engaging and subverting divisive “overlapping claims” discourses. Not only First Nations but the state, through the judiciary, Crown counsel and land claims negotiators, also, at times, acknowledge and recognise the principles of kin and land tenure that are the foundation for addressing the challenges of overlapping claims. Faculty Reviewed |
format |
Article in Journal/Newspaper |
author |
Thom, Brian |
author_facet |
Thom, Brian |
author_sort |
Thom, Brian |
title |
Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties |
title_short |
Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties |
title_full |
Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties |
title_fullStr |
Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties |
title_full_unstemmed |
Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties |
title_sort |
addressing the challenge of overlapping claims in implementing the vancouver island (douglas) treaties |
publisher |
Anthropologica |
publishDate |
2020 |
url |
http://hdl.handle.net/1828/15584 https://doi.org/10.3138/anth-2020-0014 |
genre |
First Nations |
genre_facet |
First Nations |
op_relation |
Thom, B. (2020). Addressing the challenge of overlapping claims in implementing the Vancouver Island (Douglas) treaties. Anthropologica, 62(2), 295-307. https://doi.org/10.3138/anth-2020-0014 https://doi.org/10.3138/anth-2020-0014 http://hdl.handle.net/1828/15584 |
op_doi |
https://doi.org/10.3138/anth-2020-0014 |
container_title |
Anthropologica |
container_volume |
62 |
container_issue |
2 |
container_start_page |
295 |
op_container_end_page |
307 |
_version_ |
1784270707542196224 |