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1
Doherty, Michael P. "Aboriginal dominion in Canada." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=233439.
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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.
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Mainville, Robert. "Compensation in cases of infringement to aboriginal and treaty rights." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30317.
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This paper discusses the legal principles which are relevant in determining the appropriate level of compensation for infringements to aboriginal and treaty rights. This issue has been left open by the Supreme Court of Canada in the seminal case of Delgamuukw. The nature of aboriginal and treaty rights as well as the fiduciary relationship and duties of the Crown are briefly described. The basic constitutional context in which these rights evolve is also discussed, including the federal common law of aboriginal rights and the constitutional position of these rights in Canada. Having set the general context, the paper then reviews the legal principles governing the infringement of aboriginal and treaty rights, including the requirement for just compensation. Reviews of the legal principles applicable to compensation in cases of expropriation and of the experience in the United States in regards to compensation in cases of the taking of aboriginal lands are also carried out. Six basic legal principles relevant for determining appropriate compensation in cases of infringement to aboriginal and treaty rights are then suggested, justified and explained. (Abstract shortened by UMI.)
3
Tyakoff, Alexander. "Housing natives in northern regions : a comparative analysis of approaches in Canada, the United States, and the USSR." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/31238.
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Using a cross-national comparative approach, this thesis examines the Native housing crisis in the Northwest Territories, Alaska, and northern USSR from 1980 to 1990. The affordability, adequacy, and suitability of public and private sector housing is analyzed, as well as their structural and cultural limitations in a northern context. This study found that many low and moderate-income Natives in these regions are unable to afford expensive market rental housing, are ineligible for government or company accommodation or sheltered in overcrowded public housing. Premised on non-Native values and market assumptions, public and private sector housing is exclusionary and discriminates against a Native way of life, and has created the conditions in which people are polarized based on income and tenure. Given the failure of public and private sector housing to meet the shelter requirements of Natives, this thesis argues that there is a need for community-based housing alternatives.
Housing co-operatives have the potential to increase security of tenure as well as the stock of decent and affordable housing, and to reduce cultural cleavages and socio-tenurial polarization through meaningful social and income-mixing. By responding to Native housing needs in such a culturally-sensitive manner, co-operatives have the potential to reduce dependencies on housing agencies and the private sector by effectively shifting control of housing to the community as a whole. Given the potential of housing co-operatives, however,
this tenure has made relatively few inroads into the Northwest Territories, Alaska, and northern USSR. This study concludes that problems of implementation and affordability, privatism and inertia in housing policy, and a dependency on public and private sector housing have impeded the wider development of northern co-operatives.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
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O'Connor, Kevin Barry. "Investigations into Indigenous research and education through an experiential and place-based lens." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99737.
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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.
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Turner, Dale A. (Dale Antony) 1960. ""This is not a peace pipe" : towards an understanding of aboriginal sovereignty." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=35637.
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This dissertation attempts to show that Aboriginal peoples' ways of thinking have not been recognized by early colonial European political thinkers. I begin with an examination of Kymlicka's political theory of minority rights and show that, although Kymlicka is a strong advocate of the right of Aboriginal self-government in Canada, he fails to consider Aboriginal ways of thinking within his own political system. From an Aboriginal perspective this is not surprising. However, I claim that Kymlicka opens the conceptual space for the inclusion of Aboriginal voices. The notion of "incorporation" means that Aboriginal peoples became included in the Canadian state and in this process their Aboriginal sovereignty was extinguished. Aboriginal peoples question the legitimacy of such a claim. A consequence of the Canadian government unilaterally asserting its sovereignty over Aboriginal peoples is that Aboriginal ways of thinking are not recognized as valuable within the legal and political discourse of sovereignty. In chapters two through five, respectively, I examine the Valladolid debate of 1550 between the Spanish monk Bartolome de Las Casas and Juan Sepulveda, The Great Law of Peace of the Iroquois Confederacy, Thomas Hobbes's distinction between the state of nature and a civil society, and Alexis de Tocqueville's account of democracy in America. Each of the examples, except for The Great Law of Peace, generate a philosophical dialogue that includes judgments about Aboriginal peoples. However, none of these European thinkers considers the possibility that Aboriginal voices could play a valuable role in shaping their political thought. To show the value of an Aboriginal exemplar of political thinking I consider the Iroquois Great Law of Peace. The Iroquois view of political sovereignty respects the diversity of voices found within a political relationship. This was put into practice and enforced in early colonial northeast America until the power dynamic shifted betwe
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Rumford, Michelle Hope. "Recreation, Religion, and Reconciliation: Christian Camps for Indigenous Youth in Canada." Thesis, Université d'Ottawa / University of Ottawa, 2019. http://hdl.handle.net/10393/39450.
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In this master’s thesis, which takes the format of an introductory chapter, publishable paper, and conclusion, I examined camp programs for Indigenous youth that are run by Christian organizations in Canada, with the goals of bringing attention to this phenomenon and provoking dialogue on possibilities (or impossibilities) of reconciliation in these contexts. I employed an exploratory case study methodology, using semi-structured interviews, questionnaires, and internet-mediated document analysis, to address the following research questions: i) What are the key characteristics of summer camps for Indigenous youth run by Christian organizations in Canada?; ii) To what extent are Indigenous staff members or volunteers and Indigenous cultures included at summer camps for Indigenous youth that are run by Christian organizations in Canada?; and iii) What does or could reconciliation look like in the context of these camps?, and present results and conclusions based on the collected data. This work is particularly timely and significant in light of the work of the Truth and Reconciliation Commission (2015) and broader work for decolonization and improved relationships between Indigenous and non-Indigenous peoples in Canada.
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Juutilainen, S. A. (Sandra Alexis). "Structural racism and Indigenous health:a critical reflection of Canada and Finland." Doctoral thesis, Oulun yliopisto, 2017. http://urn.fi/urn:isbn:9789526215525.
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Abstract The purpose of the study was to broaden understanding of structural racism by examining the relationships between Indigenous peoples and nation-states in the context of education and how this affects Indigenous lives. This thesis delves into understanding both the theoretical and methodological contributions that more critical analyses can have on: the role of de-colonial approaches to Indigenous health research methodologies so that the most urgent health inequities are addressed through more rigorous and Indigenous specific research processes; and to improve our understanding of the complex interactions that historical and contemporary legacies of residential schools and boarding schools have on the health and well-being of Indigenous populations in Canada and Finland. The research design was a qualitative multiple case study informed by a public health critical race praxis. The study was completed in two phases; consisting of a literature study using content analysis of Indigenous research ethics protocols and policies, in Canada and the Nordic countries; and, three case studies developed from open ended questions from structured interview research comparing discriminatory experiences and its impact on self-perceived health with participants from Six Nations of the Grand River, Canada (n = 25) and the Sámi in Inari, Finland (n = 20); and their family members. The case studies were analyzed using both Western and Indigenous methodologies. Results of Phase one shows how Indigenous resistance to colonial structures within academia in Canada and Finland has resulted in dialogical processes to create an ethical space for working between the differing worldviews of academia and Indigenous communities with the aim to produce ethically valid knowledge. Phase two results shows that regardless of contextual differences of the experiences in Canada and Finland, the main parallel outcomes are similar, i.e. the teachings of shame received in these educational environments. This produces both vulnerabilities and resiliencies and the negative effects of shame require an ongoing healing journey for both individuals and their families and communities at large. Conclusion: For a more in depth understanding of structural racism and its influence on Indigenous health, investigations require methodological choices by both Western and Indigenous methodologiesTiivistelmä Tutkimuksen päämääränä on tuottaa tietoa rakenteellisesta syrjinnästä. Tämä tapahtuu tutkimalla alkuperäiskansojen ja kansallisvaltioiden välisiä suhteita koulujärjestelmissä sekä sitä, miten rakenteellinen syrjintä vaikuttaa alkuperäiskansojen jäsenten elämään. Tutkimuksen kriittinen analyysi tuottaa dekoloniaalisia lähestymistapoja terveystutkimuksen menetelmiin, jolloin tärkeimmät terveyserot paljastuvat alkuperäiskansalähtöisten tutkimusprosessien kautta. Tutkimus pyrkii lisäämään ymmärrystä siitä, millaisia väliaikaisia sekä nykypäivään asti ulottuvia vaikutuksia sisäoppilaitoksilla ja kouluasuntoloilla on ollut Kanadan ja Suomen alkuperäiskansojen jäsenten terveyteen ja hyvinvointiin. Väitöskirjan tutkimusasetelma on laadullinen monitapaustutkimus, jossa sovelletaan Critical Health Praxis (PHCR) -menetelmän viitekehystä. Tutkimuksen ensimmäisessä osassa vertaillaan laadullisen sisällönanalyysin avulla Kanadan ja Pohjoismaiden alkuperäiskansojen tutkimuseettisiä käytäntöjä ja menettelytapoja. Toisessa osassa on kolme tapaustutkimusta, jotka perustuvat strukturoidun kyselytutkimuksen avovastausten syrjintäkokemuksiin ja niiden vaikutuksiin itsekoettuun terveyteen Kanadan ensimmäisten kansojen jäsenillä (Six Nations of the Grand River, n = 25) sekä Suomen saamelaisilla (Inarin kunta, n = 20). Tapaustutkimuksissa sovelletaan alkuperäiskansalähtöisiä ja länsimaisia tutkimusmenetelmiä. Tulokset osoittavat, että alkuperäiskansojen vastustus kolonialistisia akateemisia rakenteita kohtaan Suomessa ja Kanadassa on synnyttänyt dialogisia prosesseja, joiden avulla voidaan luoda eettistä tilaa tiede- ja alkuperäiskansayhteisöjen maailmankuvien yhteensovittamiseksi ja eettisesti hyväksyttävän tiedon tuottamiseksi. Toisen vaiheen tulokset osoittavat, että vaikka Kanadan sisäoppilaitosten ja Suomen kouluasuntoloiden yhteiskunnalliset lähtökohdat ja käytännön toteutustavat eroavat toisistaan, lopputulos on samansuuntainen: kouluympäristön aiheuttama häpeä, joka tuottaa sekä haavoittuvuutta että resilienssiä. Kielteisten kokemusten työstäminen vaatii pitkää, parantavaa prosessia, joka koskee niin yksilöitä, perheitä kuin yhteisöjäkin. Johtopäätöksenä todetaan, että tarvitaan sekä länsimaisia että alkuperäiskansalähtöisiä tutkimusmenetelmiä, jos halutaan ymmärtää syvällisesti rakenteellista syrjintää ja sen vaikutuksia alkuperäiskansojen terveyteen ja hyvinvointiin
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Rousselle, Serge. "La diversité culturelle et le droit constitutionnel canadien au regard du développement durable des cultures minoritaires /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102241.
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Within the framework of international trade liberalization which has given rise to considerable thought about the fundamental contribution of cultural diversity to sustainable development, we explore the upholding of the educational rights of recognized linguistic minorities and of the aboriginal and treaty rights of First Nations under the Constitution Act, 1982. We examine these rights in the light of relevant judgments of the Supreme Court of Canada in order to confirm our initial hypothesis that the highest court in the land can show governments here and abroad the steps to take to ensure that the cultural rights specific to some communities and the citizenship common to the population as a whole can coexist in a free and democratic nation.Our analysis shows that, while relying on the historical, equality and cultural-based justification of the existence of these rights, the Court favours an approach centred on three fundamental principles: the duty of the State to act equitably in the "best interest" of cultural minorities through a flexible approach to the interpretation of established rights; a fair participation in the management of and access to resources by minority groups; and finally, the fostering of social cohesion in order for unity in diversity to be maintained through a reconciliation of existing rights which must be achieved, first and foremost, by political discussion aimed at finding durable solutions.
From a cultural sustainable development perspective, the specific cultural rights of minority groups must thus favour a common citizenship within a context of respect for cultural diversity, while still being compatible with and promoting the values of a liberal democracy.
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El, Krekshi Laila. "Indigenous Peoples’ Perspectives on Participation in Mining The Case of James Bay Cree First Nation in Canada." Thesis, KTH, Urban and Regional Studies, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-24850.
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Mining exploration and production are rapidly increasing in remote regions of the world where traditionally large scale mining has not taken place such as in the North of Quebec in Canada. In these remote areas, mining companies frequently take over lands and territories of Indigenous Peoples disrupting their traditional livelihoods. Indigenous Peoples have specific rights to land and resources, rights to free prior informed consent as well as participation in decision making. A number of CSR initiatives have been taken by mining companies to shift towards responsible business and participation of Indigenous communities in decision making. Yet the implementation of meaningful approaches to participation is not common or in many cases not properly applied in practice. Furthermore although Aborginal particpation is highly promoted in the business industry little is known how Indigenous communities perceive proper conditions for participation and FPIC process. This study examines the perspectives of James Bay Cree First Nations in the North of Québec on the participation process with Troilus mine project and the implementation and implications of the Troilus agreement on the Cree. Additionaly the study scrutinizes the internal participation and FPIC process in two Cree communities and the impacts of mining on the Cree First Nation.
Key words:
Indigenous Peoples, mining, livelihood, human rights, participation, FPIC, Cree First Nation, CSR, corporate Aboriginal agreement, development impacts, Canada.
10
Lavoie, Manon 1975. "The need fo a principled framework to effectively negotiate and implement the aboriginal right to self-government in Canada /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78221.
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The aim of this thesis is to reveal the need for a principled framework that would establish an effective implementation of the aboriginal peoples' right to self-government in Canada. In recent decades, many agreements instituting the right to self-government of First Nations have been concluded between the federal and provincial governments and aboriginal peoples. It then becomes important to evaluate the attempts of the two existing orders of government and the courts of Canada as regards the right to self-government and assess the potential usefulness of the two's efforts at defining and implementing the right. Firstly, the importance and legitimacy of the right to self-government is recognized through its beginnings in the human right norm of self-determination in international law to the establishment of the right in Canadian domestic law. Secondly, an evaluation of the principal attempts, on behalf of the governments and the courts, to give meaning and scope to the aboriginal right to self-government, which culminate in the conclusion of modern agreements, reveals their many inefficiencies and the need for a workable and concrete alternative. Lastly, the main lacunae of the negotiation process, the main process by which the right is concluded and implemented, and the use of the courts to determine the scope and protection of the right to self-government, are revealed. An analysis of European initiatives to entrench the right to self-government, mainly the European Charter of Self-Government and its established set of principles that guide the creation of self-government agreements, are also used in order to propose a viable option for the establishment of a principled framework for the aboriginal right to self-government in Canada.
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Ramos, Howard. "Divergent paths : aboriginal mobilization in Canada, 1951-2000." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=84541.
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My dissertation focuses on the rise and spread of Aboriginal mobilization in Canada between 1951 and 2000. Using social movement and social-political theories, it questions the relationship between contentious actions and formal organizational growth comparing among social movement and political sociological perspectives. In most accounts, contentious action is assumed to be influenced by organization, political opportunity and identity. Few scholars, however, have examined the reverse relationships, namely the effect of contentious action on each of these. Drawing upon time-series data and qualitative interviews with Aboriginal leaders and representatives of organizations, I found that critical events surrounding moments of federal state building prompted contentious action, which then sparked mobilization among Aboriginal communities. I argue that three events: the 1969 White paper, the 1982 patriation of the Constitution, and the 1990 'Indian Summer' led to mass mobilization and the semblance of an emerging PanAboriginal identity. This finding returns to older collective behaviour perspectives, which note that organizations, opportunities, and identities are driven by triggering actions and shared experiences that produce emerging norms. Nevertheless, in the case of Canadian Aboriginal mobilization, unlike that of Indigenous movements in other countries, building a movement on triggering actions led to mass mobilization but was not sustainable because of a saturation of efficacy. As a result, Aboriginal mobilization in Canada has been characterized by divergent interests and unsustained contention.
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Rotman, Leonard Ian. "Duty, the honour of the Crown, and uberrima fides, fiduciary doctrine and the crown-native relationship in Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1993. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/MQ39228.pdf.
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Anderson, Robyn Lisa, and n/a. "The decolonisation of culture, the trickster as transformer in native Canadian and Maori fiction." University of Otago. Department of English, 2003. http://adt.otago.ac.nz./public/adt-NZDU20070508.145908.
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The trickster is a powerful figure of transformation in many societies, including Native Canadian and Maori cultures. As a demi-god, the trickster has the ability to assume the shape of a variety of animals and humans, but is typically associated with one particular form. In Native Canadian tribes, the trickster is identified as an animal and can range from a Raven to a Coyote, depending on the tribal mythologies from which he/she is derived. In Maori culture, Maui is the trickster figure and is conceptualised as a human male. In this thesis, I discuss how the traditional trickster is contexualised in the contemporary texts of both Native Canadian and Maori writers. Thomas King, Lee Maracle, Witi Ihimaera, and Patricia Grace all use the trickster figure, and the tricksterish strategies of creation/destruction, pedagogy, and humour to facilitate the decolonisation of culture within the textual realms of their novels. The trickster enables the destruction of stereotyped representations of colonised peoples and the creation of revised portrayals of these communities from an indigenous perspective. These recreated realities aid in teaching indigenous communities the strengths inherent in their cultural traditions, and foreground the use of comedy as an effective pedagogical device and subversive weapon. Although the use of trickster is considerable in both Maori and Native Canadian texts, it tends to be more explicit in the latter. A number of possibilities for these differences are considered.
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Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.
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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
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SIMON, MICHAEL PAUL PATRICK. "INDIGENOUS PEOPLES IN DEVELOPED FRAGMENT SOCIETIES: A COMPARATIVE ANALYSIS OF INTERNAL COLONIALISM IN THE UNITED STATES, CANADA AND NORTHERN IRELAND." Diss., The University of Arizona, 1986. http://hdl.handle.net/10150/183996.
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The purpose of this dissertation was to compare British policy towards Ireland/Northern Ireland and United States and Canadian Indian policies. Despite apparent differences, it was hypothesized that closer examination would reveal significant similarities. A conceptual framework was provided by the utilization of Hartzian fragment theory and the theory of internal colonialism. Eighteen research questions and a series of questions concerned with the applicability of the theoretical constructs were tested using largely historical data and statistical indices of social and economic development. The research demonstrated that Gaelic-Irish and North American Indian societies came under pressure from, and were ultimately subjugated by colonizing fragments marked by their high level of ideological cohesiveness. In the Irish case the decisive moment was the Ulster fragmentation of the seventeenth century which set in juxtaposition a defiant, uncompromising, zealously Protestant, "Planter" community and an equally defiant, recalcitrant, native Gaelic-Catholic population. In the United States traditional Indian society was confronted by a largely British-derived, single-fragment regime which was characterized by a profound sense of mission and an Indian policy rooted in its liberal ideology. In Canada the clash between two competing settler fragments led to the victory of the British over the French, and the pursuit of Indian policies based on many of the same premises that underlay United States policies. The indigenous populations in each of the cases under consideration suffered enormous loss of land, physical and cultural destruction, racial discrimination, economic exploitation and were stripped of their political independence. They responded through collective violence, by the formation of cultural revitalization movements, and by intense domestic and international lobbying. They continue to exist today as internal colonies of the developed fragment states within which they are subsumed.
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Kopas, Paul Sheldon. "Self-government in Europe and Canada : a comparison of selected cases." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/28093.
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Efforts to clarify aboriginal rights in Canada have centered around the demand by aboriginal people for a constitutionally entrenched right to self-government but the substance and character of that form of government are not defined.
Comparative political studies have sought to identify possible features of self-government from other political systems. This study observes that in several European countries there are regions with high degrees of local autonomy then compares them to existing Canadian developments, endeavoring to see what might be learned. From Denmark, the Faroe Islands, and from the British Isles, the Isle of Man and Guernsey, are compared with the James Bay Cree (Quebec) and the Sechelt Band (British Columbia) self-governments and the proposed Territory of Nunavut in Canada.
Material was gathered from the literature, from telephone interviews with administrators in the three European jurisdictions, and from personal interviews in Canada.
The nascent Canadian experience with self-government includes many of the features of self-government in the European cases and leads to some optimism. Important issues in Canada such as the multitude of cases and the paucity of resources in some aboriginal communities require further study.Arts, Faculty of
Political Science, Department of
Graduate
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Pates, Rebecca. "A philosophical investigation of punishment /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82943.
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Neither currently prevalent justifications of punishment, nor a modified, contractarian version of a justification that I develop here, can be used to justify actual state punishment, even if some forms of punishment may remain legitimate. I argue in this thesis that alternative punitive practices such as developed by some Canadian aboriginal communities are more likely to conform to the criteria of punitive justice developed by standard justifications, as well as being more likely to conform to criteria developed in feminist ethics.
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Elfving, Sanna Katariina. "The European Union's animal welfare policy and indigenous peoples' rights : the case of Inuit and seal hunting in Arctic Canada and Greenland." Thesis, University of Surrey, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.656320.
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This thesis investigates whether the European Union (EU) achieves a fair balance between the protection of seals and the rights of indigenous peoples to engage in their traditional economic activities. It does this in the context of the EU legislation on trade in seal products, which imposes a sale and import ban on products from commercial seal hunts, but exempts indigenous peoples from its scope. Despite this exemption, Inuit of Canada have been unable to access the EU market under the legislation. In this thesis, it is argued that the balance is fair, if the EU legislation recognises and respects the rights under the United Nations Declaration on the Rights of Indigenous Peoples; does not impose a disproportionate restriction on the right of indigenous peoples to engage in the commercial exploitation of seal products; is consistent with the EU's obligations under international trade agreements in that it does not discriminate against products of Inuit origin from Canada as opposed to those from Greenland; and results in improved animal welfare outside the EU. In order to assess what the concept of 'fair balance' may mean in the context of the EU seal products legislation, this thesis examines three specific legal tests balancing human rights and societal interests. The thesis concludes that despite the EU's arguments to contrary, the balance is unfair due to the de facto discrimination against products originating Inuit regions of Canada.
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Nicolas-Vullierme, Magali. "Les Rangers canadiens et les Rangers Juniors canadiens : vecteur de sécurité humaine des Inuit canadiens." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV008.
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La présente recherche porte sur l’identification d’éléments pouvant permettre la création d’un environnement favorable à la protection de la sécurité humaine des communautés arctiques canadiennes. Cette étude se concentre sur le Nunavik, dont les communautés souffrent de mal-être et de nombreux risques liés au concept de sécurité humaine issus de traumatismes passés. Afin de déterminer s’il existe des utilisations de ce concept dans la politique arctique canadienne, cette recherche analyse les dynamiques relationnelles au sein des patrouilles de Rangers canadiens. Composées de réservistes presque exclusivement Autochtones, ces patrouilles sont un lieu de rencontre entre militaires et Inuit. Cette recherche exploratoire est le résultat de l’analyse d’un corpus de vingt-et-un entretiens et d’observations de terrains conduits en 2016 et 2017 au Québec. Selon nos données, les patrouilles de Rangers et de Rangers Juniors fonctionnent en se reposant notamment, et de façon importante, sur des relations équilibrées et respectueuses de la culture autochtone. Ce sont ces relations et cet équilibre qui permettent le renforcement de la sécurité humaine des communautés arctiques. D’après cette étude exploratoire, ce renforcement résulte des dynamiques relationnelles et du soutien apporté par les communautés arctiques à ces patrouilles. Le gouvernement canadien, via les patrouilles de Rangers canadiens et de Rangers Juniors canadiens, contribue donc indirectement au renforcement de la sécurité humaine de ses communautés arctiques québécoisesThis research focuses on identifying elements that can create an enabling environment for the protection of human security in Canada's Arctic communities. This study focuses on Nunavik, whose communities suffer from malaise and from many risks related to the concept of human security. To determine if this concept is applied in Canadian Arctic domestic policy, this research analyzes relational dynamics within Canadian Ranger patrols. Canadian Rangers’ patrols are composed mainly of indigenous under the responsibility of non-indigenous instructors. This exploratory research result of an analysis of a corpus of twenty-one interviews and field observations conducted in 2016 and 2017 in Quebec. According to our data, Rangers and Junior Ranger patrols function thanks to balanced relationships respecting Aboriginal culture. These balanced relationships help strengthening the human security of Arctic communities. According to this exploratory study, this reinforcement results from the relational dynamics and the support provided by the Arctic communities to these patrols. The Canadian government, through Canadian Ranger and Canadian Junior Ranger patrols, is thus indirectly contributing to the enhancement of human security in its Arctic communities in Quebec
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Posselwhite, Kaitlyn. "Dignity Takings and Dignity Restoration of Indigenous Peoples in Settler Colonial Canada: A qualitative analysis of the transformative potential of free, prior and informed consent." Master's thesis, Faculty of Humanities, 2019. http://hdl.handle.net/11427/30528.
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The ongoing reconciliation process in Canada has been criticized for failing to recognize the larger project of ongoing settler colonialism and for its inability to meaningfully respond to the aspirations and demands of Indigenous peoples for self-determination. However, in the Truth and Reconciliation Commission’s final report, the important recommendation was made for
Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples, the most accomplished proclamation of Indigenous peoples’ rights, especially their right to selfdetermination, as the framework for reconciliation in the country. Following the Commission’s recommendation, the Canadian government committed itself to implementing the Declaration, including its free, prior and informed consent requirement, into the country’s legislation. This is significant for settler colonial violence in Canada continues to manifest itself in a multitude of ways, including through imposed resource extraction projects and environmental violence, which dispossesses Indigenous peoples of their land, violating their right to self-determined social, cultural and economic development, and thus, denying them their dignity. Through an application of Atuahene’s theoretical framework of Dignity Takings and Dignity Restoration, this dissertation conceptualizes eliminatory resource exploitation projects and
associated environmental violence as dignity takings in a settler colonial context, whereby Indigenous peoples are dispossessed of their land, as well as their right to self-determination. It then explores the potential role the implementation of the United Nations Declaration on the Rights of Indigenous Peoples free, prior and informed consent requirement, which affirms that Indigenous people should make decisions on matters affecting their lands and/or people, can have for meaningfully restoring Indigenous peoples’ dignity, and thereby affirming their unqualified right to self-determination in settler colonial Canada. The findings demonstrate that while the free, prior and informed consent requirement’s regulatory and normative framework at the international level has the potential to meaningfully restore dignity to Indigenous peoples in theory, an assessment of the requirement’s implementation in the Canadian context reveals the considerable influence national politics and institutional norms have in shaping the requirement’s effective implementation, operationalization and dignity restoring potential.
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Dionne, Dee, and University of Lethbridge Faculty of Health Sciences. "Recovery in the residential school abuse aftermath : a new healing paradigm." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Health Sciences, c2008, 2008. http://hdl.handle.net/10133/736.
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This qualitative study informs the literature by bringing two perspectives together: the trauma of residential school abuse and the transpersonal viewpoint of healing. A phenomenological hermeneutic approach explored lived experiences of residential school survivors and their families. Transpersonal psychology was introduced as the focus for a new healing paradigm. The research questions ask, “What has been the lived experience of the trauma of residential school abuse” and “How are traditional and non-traditional healing practices mutually applied in the recovery process by individuals who are impacted by the residential school experience”? Five First Nations co-researchers were interviewed, the data was analyzed, coded, and a thematic analysis was undertaken from which six themes emerged. The results of this study may go on to employ this new healing paradigm to help First Nations people gain spiritual wholeness. Finally, a description and summary of research findings, limitations and implications for counselling were discussed.x, 193 leaves ; 29 cm. --
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Henri, Dominique. "Managing nature, producing cultures : Inuit participation, science and policy in wildlife governance in the Nunavut Territory, Canada." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:2cde7bcb-4818-4f61-9562-179b4ee74fee.
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In this thesis, a critical analysis is proposed of the relationships between Inuit participation, science and policy in wildlife governance in the Nunavut Territory, Canada. This analysis situates the emergence of a participatory regime for the governance of wildlife in Nunavut, explores its performance and examines the relations between the ways in which wildlife governance arrangements are currently represented in policy and how they are played out in practice across the territory. To pursue these objectives, this research draws upon a number of theoretical perspectives and methodological strategies poised at a crossroads between environmental geography, science and technology studies, political ecology and ecological anthropology. It combines participant observation, semi-directed interviews and literature-based searches with approaches to the study of actor-networks, hybrid forums and scientific practices associated with Latour and Callon, as well as with Foucauldian and post-Foucauldian analyses of power, governmentality and subjectivity. This analysis suggests that the overall rationale within which wildlife governance operates in Nunavut remains largely based on a scientific and bureaucratic framework of resource management that poses significant barriers to the meaningful inclusion of Inuit views. In spite of their participation in wildlife governance through a range of institutional arrangements, consultation practices and research initiatives, the Inuit of Nunavut remain critical of the power relations embedded within existing schemes, where significant decision-making authority remains under the control of the territorial (or federal) government, and where asymmetries persist with regard to the capacity of various actors to produce and mediate their claims. In addition, while the use of Inuit knowledge, or Inuit Qaujimajatuqangit, in wildlife governance in Nunavut has produced some collaborative research and management endeavours, it has also crystallised a divide between ‘Inuit’ and ‘scientific’ knowledge, generated unresolved conflicts, fuelled mistrust among wildlife co-management partners and led to an overall limited inclusion of Inuit observations, values and beliefs in decision-making.
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Hall, Charlotta. "Sanningskommission för Sveriges samer : en studie om förväntningar och andra urfolks erfarenheter på väg mot upprättelse." Thesis, Uppsala universitet, Teologiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-305672.
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In recent years the field of reparations for indigenous peoples has increased remarkably. Past wrongs made by states in the distant past has become more important to highlight, not only because of the memories of historical injustice, but because of how the past impacts the future, and not least, still appears as structures of discrimination remaining from the past. As an indigenous people the Saami people living in Sweden have experiences of both historical injustices as well as todays struggle with discrimination on different levels. Mostly regarding their right to be a part of decisions concerning them and the right of culture, language, identity, land and nature resources, fundamental for them as a people. In order to change their situation and to search for redress the Saami people in Sweden have announced their need of a truth commission. The Saami people are not the first indigenous people whom search for redress through a truth commission, but is it possible to learn from others? With this in mind, my study aim to look at practical experiences of truth commissions in Canada and New Zealand and further, examine what the Saami people in Sweden hope to achieve with a truth commission. Thereafter, I weight other indigenous peoples experiences of a truth commission with the Saami peoples expectations to find out what keys need to be considered to increase the outcome of a truth commission. Where theory, practical experience and Saami expectations connects is where the key issues can be found. Given this, my study suggests that five different key issues must be thought through and shall not be underestimated as they may have an effect on the ongoing process as well as on the results and the aftermaths. The key issues that is suggested is as follows: 1) political will, 2) the role and engagement of Civil Society, 3) the Saami´s own involvement 4) the problem of what focus the commission should have, and 5) the awareness of “tough” questions coming up.
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Запотічна, Марія Іванівна. "Розвиток освіти корінних народів Канади." Diss., Національний університет "Львівська політехніка", 2020. https://ena.lpnu.ua/handle/ntb/52886.
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Friesen, Wilbert J. "Development ethics and the Canadian North : a case study analysis of the Churchill-Nelson Rivers Hydro Diversion Project." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0018/NQ55332.pdf.
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Strack, Michael S., and n/a. "Rebel rivers : an investigation into the river rights of indigenous people of Canada and New Zealand." University of Otago. School of Surveying, 2008. http://adt.otago.ac.nz./public/adt-NZDU20081217.163025.
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In Canada and New Zealand there are increasing calls for recognition of aboriginal rights which previously were ignored or denied because of the application of English law to concepts of property rights and ownership. English legal principles are vitally important in Canadian and New Zealand society, but there has always been room for local adaptations which could have recognised the existing practices and rights of the indigenous peoples.
The English law makes various assumptions about ownership of rivers, dividing them into bed, banks and water, and applying various tests of adjoining occupation, tidalness and navigability to determine rights. Aboriginal property rights have been guaranteed and protected by various mechanisms such as government policy, treaty, and the courts, but there is uncertainty about the status of rivers. The form of the survey definition of reserves and rivers is also fundamental to how property rights may be determined. This thesis examines the situation of rivers in Canada and New Zealand through common law, treaty provisions and through what is now, a developing body of applicable and recognised customary/Aboriginal law. From these three legal foundations, a case study approach focuses on the practical situation of the Siksika people on the Bow River in southern Alberta, and the Kai Tahu on the Taieri River in Otago.
This investigation concludes that there are various legal mechanisms by which indigenous people may claim rights to the rivers with which they have a relationship; by resorting to English common law principles; by applying new and developing conceptualisations of customary and aboriginal rights doctrines; by appealing to tribunals examining treaty agreements; or by direct negotiation with the Crown. All of these processes require evidence of past and current relationships, use and occupation of rivers by the indigenous claimants. Current undisputed possession and control may be a satisfactory outcome, but ultimately an acknowledgement of ownership may depend on politically negotiated settlements.
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Chupik-Hall, Jessa. ""Good families do not just happen", indigenous people and child welfare services in Canada, 1950--1965." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ57981.pdf.
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Woodward, M. T. "Indigenous peoples in international politics : the United Kingdom and the patriation of the Canadian constitution." Thesis, University of Aberdeen, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.593845.
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Chavoshi, Negar. "The Cedar Project : understanding the sexual vulnerabilities of Indigenous young people who use drugs in British Columbia, Canada." Thesis, University of British Columbia, 2017. http://hdl.handle.net/2429/62644.
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Background: For Indigenous communities in Canada, the legacies of colonization have severely compromised sexual wellbeing. Indigenous leaders are growing increasingly concerned for the sexual health of their young people, particularly those who use drugs to cope with adversity. However, there is a critical gap in evidence pertaining to the complex and multifaceted relationships between intergenerational trauma, self-medication, and sexual wellbeing.
Methods: Data was gathered from the Cedar Project: an ongoing prospective cohort study of Indigenous young people who use drugs and live in British Columbia. A multidisciplinary approach was used to investigate historical and lifetime factors that impact sexual health. Epidemiological analyses were used to determine the prevalence and correlates of Herpes Simplex Virus-2 (HSV-2) and syphilis positivity among 250 participants. An interpretive thematic approach was used to qualitatively analyze in-depth interviews with 28 participants.
Results: The seroprevalence of HSV-2 among women and men was 79% and 36%, respectively. For women, HSV-2 positivity was associated with being taken away from biological parents, involvement in survival sex work, and injecting drugs. For men, having ever been in prison was significantly associated with HSV-2 positivity. Young men who stated that culture played an important role during their developmental years were less likely to test positive for HSV-2. A history of syphilis infection was observed among 21 participants, 95% of which occurred among women living in Vancouver. Results from the qualitative study highlighted how sexual health continues to be negatively impacted by intergenerational trauma stemming from the residential school and child welfare systems. Participants’ narratives demonstrated the protective effect of family and cultural connectedness on sexual wellbeing. Participants offered detailed recommendations on how to improve sexual health outcomes through culturally-safe and trauma-informed sexual health resources that are integrated with mental health and drug recovery programs aimed at supporting struggling families.
Conclusion: To support the sexual wellbeing of Indigenous young people who use drugs, the underlying causes of ongoing trauma and social marginalization must be urgently addressed. These findings call for the backing of Indigenous-led healing strategies that focus on young people’s inherent strengths, and use Indigenous wellness frameworks to promote collective healing.Medicine, Faculty of
Population and Public Health (SPPH), School of
Graduate
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Green, Gretchen Lynn. "A new people in an age of war: The Kahnawake Iroquois, 1667--1760." W&M ScholarWorks, 1991. https://scholarworks.wm.edu/etd/1539623801.
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This study focusses on the Kahnawake Iroquois Indians, a collection of individuals who emigrated from the Iroquois homeland to a Jesuit mission community, or reserve, outside of Montreal, starting in 1667.;Their history and development as a people is traced from the beginnings in 1667 up to the end of the French power in Canada, at the end of the Seven Years' War in 1760. Through the topics of diplomacy, warfare, and trade, these Kahnawake Indians are examined and it is determined that they were important players in the power politics and military balance between the English, the French, and the Iroquois proper from the 1680s to 1760.;They became a pivotal group within the French military machine in northeastern North America, but forced the French to meet them on their own terms, refusing to become subject to French authority. They initiated and sustained an illegal but highly important trade in furs and European blankets, defying the mercantilist rules of both the French and the English imperial authorities in New France and New York.;Culturally, the Kahnawake people developed a distinct identity, successfully blending elements of both traditional Iroquois and European Catholic culture. Born in an era of struggle, they thrived and maintained their distinct identity and culture in the face of imperial powers and the designs of their Iroquois relatives.
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Sneed, Paul Gerrald. "Planning a common ground for an uncommon future : indigenous people, land-use planning and sustainable development in northern Canada." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/28682.
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The idea of sustainable development has broad appeal and appears to be a very popular concept. Nonetheless, while being constantly told why we need development that is sustainable, we are not often advised how it can be achieved. This is especially true for northern Canada where some version of "sustainable development" has been advocated since the early 1970s. The main purpose of this thesis is to develop a conceptual framework for sustainable development and evaluate some planning tools that may help accomplish it in Canada's North.
To do this, first the general literature on both sustainable and northern development is reviewed. From this examination, sustainable development is defined and a set of proposed objectives for such development is generated. Second, a study is made of a range of currently available literature on environmental and land-use planning. Using this literature review, and drawing on personal experience, a "model" planning framework is synthesized for evaluating the case studies. Third, this is utilized to evaluate the current land-use planning being done in the Northwest Territories as exemplified by the Lancaster Sound Regional Land Use Plan. Fourth, the "aboriginal alternative" to planning for sustainable development in the North is analyzed. Finally, there is a brief discussion of the implications of this research for evolving planning and political systems which will facilitate the achievement of sustainable development in northern Canada.
Evaluation of the Lancaster Sound Regional Land Use Plan shows that some of the objectives or goals of northern sustainable development have been adopted. These include: 1) an attempt to involve aboriginal people in the planning; 2) an emphasis on conservation and its integration with development; 3) an emphasis on the sustainable harvesting of renewable resources as the primary use of the region; and 4) the recognition of the desirability of some local decision-making regarding land-use. On the other hand, most of the processes necessary for achieving these objectives are currently underdeveloped or non-existent. Probably the three most important deficiencies exhibited by the Lancaster Sound case are: 1) a failure to integrate economic planning, land-use planning, and environmental assessment into one regional planning system; 2) the lack of a legislated mandate to enforce adhererence to a land-use plan and guidelines; and 3) the continuing overarching centralization of final decision-making regarding land-use planning and control. The persistence of these related problems suggests that the way planning for northern development is being pursued will prevent achievement of sustainability.
This thesis contends that if planning and development is to be sustainable in the North, then it is necessary that something similar to the Tungavik Federation of Nunavut (TFN) proposal for land planning and management by aboriginal governments be implemented immediately. Empowerment of indigenous peoples and their governments would become the cornerstone of planning for sustainable development in the North. It would also take all of us along the path of planning the common ground for an uncommonly sustainable society in the future.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
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Kinuthia, Wanyee. "“Accumulation by Dispossession” by the Global Extractive Industry: The Case of Canada." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
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This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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Wilson, Justin W. "The relationship between the associated symptoms of first nation peoples' historical losses and organizational commitment in the Canadian workplace." ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/1122.
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Researchers have found that minorities suffering from traumatic stress report increased levels of stress in the absence of supportive and committed work environments; however, a paucity of empirical research exists for First Nations Peoples (FNP). The purpose of this quantitative correlation study was to examine the nature of the relationship between FNP's associated symptoms of historical loss, assessed by the Historical Loss and Associated Symptoms Scale, and organizational commitment, as measured by the Three Component Employee Commitment Survey. A total of 118 residential school survivors completed surveys. Correlation analysis was used to determine the significance of historical loss in relation to organizational commitment among survivors. Results showed an inverse relationship between affective commitment and associated symptoms of historical loss and between continuance commitment and associated symptoms. No statistically significant correlation was found between normative commitment and historical loss or associated symptoms. Findings can help inform targeted engagement, recruitment, and retention initiatives designed to accommodate FNP perspectives and experiences into organizational culture and systems. Implications for positive social change include better understanding of factors impacting career progression among FNP, such as organizational commitment. Results may also inform culturally safe interventions that help FNP to be successful.
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Pearce, Margo Elaine. "The Cedar Project : understanding the association between childhood maltreatment and psychological distress, resilience, and HIV and HCV vulnerability among young Indigenous people who use drugs in three Canadian cities." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/51767.
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Background: Indigenous leaders are deeply concerned about the adverse impacts of intergenerational and lifetime trauma on their young people, particularly those who use drugs and are vulnerable to HIV and HCV infection. However, few researchers have investigated the complex intersections of trauma, mental health, resilience, and HIV and HCV vulnerability among young Indigenous men and women in Canada.
Methods: This multidisciplinary research was based on information gathered by the Cedar Project, a cohort of young Indigenous people (aged 14-30) who use drugs in Vancouver, Prince George, and Chase, British Columbia. The qualitative analyses used an interpretive thematic approach to analyze in-depth interviews. The quantitative analyses first evaluated the construct validity of psychometric questionnaires that measured childhood maltreatment, psychological distress, and resilience. Next, those questionnaires were integrated with longitudinal Cedar Project data to assess associations between childhood maltreatment with HIV and HCV vulnerability, psychological distress, and resilience.
Results: The qualitative research highlighted participants’ ongoing struggles with unaddressed childhood maltreatment and the association between emotional pain and HIV and HCV vulnerability. However, participants were actively resisting the negative effects of trauma maintaining hope for a better life. In quantitative analyses, each of the psychometric questionnaires had acceptable fit for the data. In total, 91.7% of the participants had experienced at least one form of childhood abuse/neglect. Longitudinal vulnerabilities associated with specific types of childhood trauma and cumulative trauma experiences included significant drug and sex-related HIV and HCV risks, in addition to HCV infection. Childhood maltreatment, sex work involvement, sexual assault, heavy alcohol use, and injection drug use increased psychological distress, while living by traditional culture decreased psychological distress. Resilience was increased by having grown up in a traditional family environment, and by having access to and being able to speak traditional languages.
Conclusion: This research supports the development of comprehensive, Indigenous-directed healing strategies for HIV/HCV prevention that are tailored for young Indigenous people who use drugs. These strategies must address concurrent trauma and mental health, support connections to Indigenous cultural identity, and facilitate understanding of the impacts of the residential school system and intergenerational trauma on family relationships.Medicine, Faculty of
Population and Public Health (SPPH), School of
Graduate
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Castilla, Lisa. "Arkeologi, urfolk och rätten : En studie av relationen mellan arkeologi, arkeologer, urfolk och rättsprocesser i Sverige och Kanada." Thesis, Uppsala universitet, Institutionen för arkeologi och antik historia, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-449588.
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Archaeological evidence has become an important part of the argument for the Indigenous peoples of several countries in legal proceedings concerning their rights. This thesis aims to explore how archaeologists and archaeological research are affected by acting as expert witnesses or being used as evidence in these proceedings. Another aim is to explore the differences and similarities between Sweden and Canada in these matters. The main material consists of interviews with seven archaeologists, four Swedish and three Canadian, whose research in various ways have been involved in legal proceedings concerning the rights of Indigenous peoples: The Sámi in Sweden and the Indigenous peoples of Canada. The analysis of the interviews is based on seven themes: awareness, impact, responsibility, experience, objectivity, archaeology and law and consequences. The result shows several things. It shows that the issue of archaeology in legal proceedings is a sensitive matter, and that the archaeologists have somewhat ambivalent feelings about it. It also shows that the involvement of archaeologists and archaeological evidence in these legal proceedings raises discussions about ethics, objectivity, and reputation. One conclusion to be drawn is that there is need for more open discussion and education on the subject.
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Madinier, Anne-Lise. "L’Etat-nation face à la revendication autochtone : Essai sur les institutions juridiques kanakes en Nouvelle-Calédonie." Thesis, Perpignan, 2018. http://www.theses.fr/2018PERP0005.
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Depuis l’Accord de Nouméa de 1998 et la reconnaissance de l’identité kanake, le registre international des droits des peuples autochtones est apparu en Nouvelle-Calédonie. Si depuis l’Accord de Matignon de 1989, la réflexion de la doctrine se concentre sur la souveraineté de la Nouvelle-Calédonie, la question autochtone est désormais un nouvel aspect de la décolonisation kanake. Elle n’est pas directement revendiquée pour l’indépendance, mais pour obtenir des droits de peuple autochtone. Ce point de vue s’émancipe de la doctrine moniste classique de l’État nation, en considérant que d’autres entités puissent prétendre à l’autodétermination par la reconnaissance d’un système juridique propre. Une relecture de la Constitution de 1958 ainsi que l’analyse des pratiques administratives et juridictionnelles démontrent la capacité du droit français à prendre en considération les aspirations et les particularités de la société kanake. Au delà de l’Accord de Nouméa, une réflexion doctrinale alternative est donc proposée à partir du comparatisme avec le droit canadienSince the 1998 Noumea Accord and the recognition of the Kanak identity, the International Register of the Rights of Indigenous Peoples has appeared in New Caledonia. Since the Matignon Agreement of 1989, the doctrine has focused on the sovereignty of New Caledonia, the indigenous issue is now a new aspect of Kanak decolonization. It is not directly claimed for independence, but for the rights of indigenous peoples. This point of view emancipates itself from the classical monist doctrine of the nation state, considering that other entities can claim self-determination by recognizing a proper legal system. A review of the 1958 Constitution and the analysis of administrative and judicial practices demonstrate the ability of French law to take into account the aspirations and particularities of the Kanake society. Beyond the Noumea Accord, an alternative reflection is proposed based on comparatism with Canadian law
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Samec, Ernest FE. "Compensation for a claim of breach of fiduciary obligation owed by the crown towards indigenous people arising from the mismanagement of native title: A comparative analysis of the law in the United States, Canada and Australia." Thesis, Samec, Ernest FE (1999) Compensation for a claim of breach of fiduciary obligation owed by the crown towards indigenous people arising from the mismanagement of native title: A comparative analysis of the law in the United States, Canada and Australia. Honours thesis, Murdoch University, 1999. https://researchrepository.murdoch.edu.au/id/eprint/48776/.
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The objective of this research paper is to examine the principles governing an award of compensation arising from a claim for a breach of fiduciary duty owed by the Crown towards the indigenous custodians of native title in Australia. If a fiduciary relationship can be established, breach of the duty would make the Crown as fiduciary liable to these indigenous people as beneficiaries for any damage flowing from the breach. The inherent flexibility of the remedies available for a breach of fiduciary duty are potentially significant to provide the necessary compensation1 for injustices suffered by indigenous people2 in relation to land…
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Simon, Sophie. "Étude comparative de la protection internationale des minorités en Europe et en Amérique." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010269.
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Les minorités sont les fruits de l’histoire, des conquêtes, des défaites, des modifications de frontières. Mais si aucune histoire nationale ne ressemble à une autre, les minorités, dans leur diversité, se trouvent dans des situations s’apparentent les unes aux autres. Dans ce contexte global, cette étude a pour objectif d’appréhender dans quelle mesure les droits nationaux et internationaux des minorités répondent effectivement aux besoins des personnes appartenant à ces dernières. Pour ce faire, deux thématiques revenant régulièrement dans les doléances des membres des minorités ont été sélectionnées. Il s’agit, en premier lieu, de la prise en compte des spécificités relatives à l’habitat (dans sa diversité) et, en second lieu, de la possibilité de communiquer dans sa propre langue. Après une présentation du droit international portant sur ces questions, est ici étudiée la façon dont ce droit ou plutôt ces droits sont transposés et mis en œuvre dans les systèmes nationaux (en effet, il existe de fortes variantes entre la protection offerte par les organes universels et celles offertes par les organes régionaux européens et américains). Pour rendre compte de la diversité des situations nationales, six pays sont ici étudiés. Il s’agit de l’Espagne, de la France et de la Lituanie pour l’Europe et du Canada, du Costa Rica et du Paraguay pour l’Amérique. Nous constatons que, feignant de méconnaître l’intérêt que présente une protection convenable des minorités pour la stabilité de leur société nationale et même pour la démocratie en général, les gouvernants ne sont pas toujours prêts à mettre en œuvre les dispositions visant à protéger les personnes appartenant à des minorités et opposent l’intérêt général ou des arguments tirés du caractère unitaire de leur peuple, de leur territoire ou de leur nation. A ceci s’ajoutent des difficultés pratiques lors de la mise en œuvre des normes adoptées, difficultés occasionnées par des raisons financières, par exemple le coût des mesures positives visant à l’égalité effective dans les domaines de l’enseignement, des médias, de la vie privée et familiale ou encore obligation de partage des bénéfices générés par l’extraction minière avec les peuples autochtones. D’autres raisons peuvent être liées à l’intolérance sous-jacente dans la population majoritaire, par exemple les attaques de campements Roms ou l’interdiction de parler une langue minoritaire dans certains contextes ou lieux. Malgré cela, le droit international des minorités est en évolution continue, puisant dans la diversité des contextes régionaux et se fondant tant sur les droits de l’homme et le droit à ne pas être discriminé, que sur une transposition à toutes les minorités d’éléments des droits reconnus aux peuples autochtones en tant que premiers habitants d’un territoire donné. De plus, dans une volonté de promouvoir une démocratie véritable à caractère participatif, les organes de droits de l’homme poussent les autorités nationales à associer toujours plus les membres des minorités aux prises de décision les concernant, et à prendre ainsi en compte les besoins de ces derniers. Ainsi, l’étude comparée de la protection des minorités en Europe et en Amérique permet de se rendre compte des difficultés pratiques empêchant de protéger effectivement les minorités et d’appréhender dans quelle mesure le droit international peut aider les États à surmonter ces difficultésMinorities are the product of history, conquests, defeats and border changes. No two national histories are alike, however, minorities, in their diversity, find themselves in situations that appear similar the one another. In this overall context, the objective of this research is to better understand to what extent national and international minority rights effectively meet the needs of individuals belonging to those minorities. To do so, two issues that reoccure in the grievances of members of minorities have been selected for study. These are firstly the consideration shown towards housing specificities (in their diversity) and secondly, the possibility of communicating in one’s own language. Following the presentation of international law related to these issues, is studied the way this law, or better said these laws, are transposed and implemented in the national systems (in fact, there are major variants between the protection offered by universal organs and the one offered by European and American regional organs). In order to take into consideration the diversity of national situations, six countries were selected for this study. These were Spain, France and Lithuania in the European context, and Canada, Costa Rica and Paraguay in the American context. Our findings show that those who govern pretend to be unaware of the benefits related to adequate protection of minorities for the stability of national societies, as well as for democracy at large. As such, they are not always ready to implement the provisions that aim to protect persons belonging to minorities and claim the interest of the public good or arguments based on the unity of their people, territory or nation as reasons for doing so. In addition, it should be mentioned that some practical difficulties exist in the implementation of adopted norms. These include difficulties caused by financial reasons, for example, the cost of positive measures aiming at effective equality in the field of education, media, private and family life or the obligation to share with indigenous people the benefits generated by mining. Other reasons may be linked to underlying intolerance present in the majority population, for example, attacks on Roma settlements or prohibition on speaking a minority language in some spheres or places. However, the international rights of minorities are constantly evolving, drawing on the diversity of regional contexts and based on human rights and the right not to be discriminated against, as well as on the application, to all minorities, of elements of the rights recognized to indigenous peoples as the first inhabitants of a given territory. Moreover, in an effort to promote genuine democracy of a participatory nature, human rights bodies push national authorities to involve ever more members of minorities in decisions that affect them, thereby taking their needs into consideration. The comparative study of the protection of minorities in Europe and in America enables reporting the practical difficulties preventing minorities from being effectively protected and assists in understanding to what extent international law can help countries overcome these difficulties
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Toovey, Karilyn. "Decolonizing or recolonizing : indigenous peoples and the law in Canada." 2005. http://hdl.handle.net/1828/744.
Full text
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Aylwin, José Antonio. "Indigenous peoples’ rights in Chile and Canada : a comparative study." Thesis, 1999. http://hdl.handle.net/2429/9390.
Full textAbstract:
This thesis analyses the past and present realities of the rights of Indigenous peoples in
Chile and Canada from a comparative perspective.
In Chapter I, the author explains the international human rights and Indigenous peoples'
law that provide the theoretical framework behind this study. The political and territorial rights that
different international forums have acknowledged to these peoples in recent years are identified.
The methodology used in the elaboration of this study, which includes the analysis of documentary
data, the case study and the interview methods, is explained. The author describes the objective of
this study, characterizing it as applied social research aimed at providing information that can be
useful for the transformation process in which the peoples that are subject of this study are
involved.
In Chapters II and III, the author analyses the rights of Indigenous peoples in Chile and
Canada respectively from pre-contact until today. The central aspects of their pre-contact cultures
and organizations are described. The author also describes main characteristics of the relationships
that were established with Indigenous peoples by the Spanish in Chile and by the French and the
English in Canada, and later by the states in the two contexts. Special importance is given to those
changes recently introduced in the Indigenous-state relationship in both contexts, focusing on their
implications for these peoples' rights.
In Chapter IV, the author attempts to expand upon the past and present situation of the
Indigenous peoples who live in what is now Canada and Chile by including a case study related to
each context: the Pehuenche people of the Alto Bio Bio in Chile and the Nisga'a people of the Nass
Valley in Canada.
In the last Chapter of this thesis (V) the author concludes that, notwithstanding the changes
introduced in recent years in the relationship between Indigenous peoples and the Chilean and
Canadian states, many and significant problems still impede their ability to enjoy the rights they
claim. The author acknowledges, nevertheless, that Indigenous peoples in Canada, through
different means, including negotiation and litigation, have achieved a much broader recognition of
their political and territorial rights today than have the Indigenous peoples in Chile. The legal,
political, cultural and economic factors that explain these differences are also highlighted in this
final Chapter.
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McCue, Lorna June. "Treaty-making from an indigenous perspective : a ned’u’ten-canadian treaty model." Thesis, 1998. http://hdl.handle.net/2429/8320.
Full textAbstract:
This thesis argues that the Ned'u'ten, an indigenous people, have the right to decolonize
and self-determine their political and legal status at the international level. The Ned'u'ten are
currently negotiating a new relationship with Canada and are considering various treaty models
to achieve this goal. This thesis advocates principles for a peace treaty model that accomplishes
both Ned'u'ten decolonization and self-determination.
The first chapter of this thesis demonstrates that indigenous perspectives in legal culture
are diverse and not homogeneous. My Ned'u'ten perspective on treaty-making contributes to
these perspectives.
The second chapter challenges the legitimacy of the Canadian state, over Ned'u'ten
subjects and territories. This is accomplished through the rejection of dispossession doctrines that
Canada has used to justify colonial and oppressive practices against the Ned'u'ten.
Decolonization principles are prescribed in this chapter.
The third chapter takes a historical view of the right to self-determination and shows how
state practice, indigenous peoples' participation, and international scholars have attempted to
articulate the scope and content of this right in the contemporary context of indigenous self-determination.
A Ned'u'ten self-determination framework is proposed based on indigenous
formulations of the right to self-determination. Self-determination principles are also prescribed
in this chapter.
The final chapter compares two cases where indigenous peoples in Canada are attempting
to create a new relationship with the state: the James Bay Cree and "First Nations" in the British
Columbia Treaty Commission Process. This comparison will show that the degree of
participation that indigenous peoples have in implementing their rights to self-determination, will
determine the parameters of any new relationship that indigenous peoples create with the state.
Negotiating principles are prescribed for a Ned'u'ten-Canada relationship as well as a peace
treaty process to accomplish this goal.
It is my thesis that the Ned'u'ten and Canada can achieve a peaceful and balanced
relationship through the peace treaty model I propose.
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Ruru, Jacinta Arianna. "Settling Indigenous place: reconciling legal fictions in governing Canada and Aotearoa New Zealand's national parks." Thesis, 2012. http://hdl.handle.net/1828/3965.
Full textAbstract:
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
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Bluesky, Kinwa Kaponicin. "Art as my kabeshinan of indigenous peoples." Thesis, 2006. http://hdl.handle.net/1828/2104.
Full textAbstract:
In my thesis, I argue that art is one way Indigenous peoples keep our laws alive in the world. The purpose of my thesis is to show the underlying connections between the role of the artist and the practice of art and the laws by which we seek to live. I draw on contemporary Indigenous art to illustrate some of those roles and responsibilities. As we share our art, our knowledge between Indigenous peoples, we are strengthening our peoples to resist the powerful effects of colonialism. At the same time we are communicating powerful law by building opportunities for future generations to live together in peace, friendship and respect.
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Coulthard, Glen Sean. "Subjects of Empire? : indigenous peoples and the "Politics of recognition" in Canada." Thesis, 2009. http://hdl.handle.net/1828/1913.
Full textAbstract:
Over the last forty years, the self-determination claims of Indigenous peoples in Canada have increasingly been cast in the language of “recognition”: recognition of Indigenous cultural distinctiveness, recognition of an Indigenous right to land and self-government, recognition of the right to benefit from the development of Indigenous territories and resources, and so on. In addition, the last fifteen years have witnessed a proliferation of scholarship which has sought to flesh-out the ethical, legal and political questions that these claims tend to raise. Subsequently, “recognition” has now come to occupy a central place in our efforts to comprehend what is at stake in contestations over identity and difference in liberal settler-polities more generally. The purpose of this dissertation is twofold. First, I want to challenge the now commonplace assumption that the colonial relationship between Indigenous peoples and Canada can be reconciled via such a politics of recognition. Second, I want to explore glimpses of an alternative politics. More specifically, drawing critically from Indigenous and non-Indigenous intellectual and activist traditions, I will explore a politics of self-recognition that is less oriented around attaining an affirmative form of recognition from Indigenous peoples’ master-other (the liberal settler-state and society), and more about critically revaluating, reconstructing and redeploying Indigenous cultural forms in ways that seek to prefigure alternatives to the colonial social relations that continue to facilitate the dispossession of Indigenous lands and self-determining authority.
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Shrubb, Rebecca. "“Canada has no history of Colonialism.” Historical Amnesia: The Erasure of Indigenous Peoples from Canada’s History." Thesis, 2014. http://hdl.handle.net/1828/5778.
Full textAbstract:
Over the past decade, the Ontario Ministry of Education has committed to increase relevant teaching material for Indigenous students. While seemingly significant, a mere “increase” in “Indigenous content” is not enough to combat the racist and colonial mentality inherent within the Ontario history curriculum. Canadian history is steeped with idealistic, imperialist discourses organized around keywords such as peacekeeping and multiculturalism, as well as progress, development, identity, and nation building. The latter serve to not only erase, but also to legitimize the atrocities of Canada’s colonial past. At the 2009 G20 meeting, Prime Minister Stephen Harper stated, “Canada has no history of colonialism.” In keeping with scholars such as Smith and Alfred and Corntassel, I argue that not only does Canada have a history of colonialism, but the mainstream curriculum must be decolonized if Canada is to move towards an equal and just society. The theory guiding this research is decolonial theory. In addition, Fairclough’s conceptualization of Systematic Textual Analysis provides the methodological basis for this project. I analyse three textbooks approved by the Ontario Ministry of Education for the grade ten history curriculum, as well as supplementary curriculum documents. Considering two objectives, change and a colonial mentality, I find only modest change between 2000, 2006, and 2008 in Indigenous content in the curriculum. Further, a colonial mentality continued to be deeply entrenched within all three textbooks and the history curriculum itself. This research seeks to open up the questions and responsibilities pertaining to the wrongs of the past and contribute to the burgeoning field of decolonized knowledges and education.Graduate
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Maxwell, Krista. "Making History Heal: Settler-colonialism and Urban Indigenous Healing in Ontario, 1970s-2010." Thesis, 2011. http://hdl.handle.net/1807/29809.
Full textAbstract:
This thesis focuses on the interrelationship between Canadian colonial histories and Indigenous healing. I begin by problematising how colonialism is invoked in contemporary scholarship on Aboriginal health and healing, and arguing for more precise historical methods and a more relational understanding of colonial processes. Historicising Indigenous agency is integral to this analysis. Whilst colonial continuities in contemporary Canadian public policy discourse is an important theme, I also attend to social movements, institutions, professions, and political and economic forces beyond the state.
Indigenous healing as a socio-political movement itself has a history dating at least to the late 1960s. Urban Indigenous healing discourse is characterised by linking present-day suffering to collective historical losses, and valorizing the reclamation of Indigenous identity, knowledge and social relations. Drawing on urban Indigenous social histories from Kenora and Toronto, I consider the urban healing movement as an example of Indigenous resistance influenced by the international decolonization and North American Red Power movements, but which over time has also engaged with dominant institutions, professions, policies, and discourses, such as the concept of trauma. My analysis considers professionals and patients invoking historical trauma as political agents, both responding to and participating in broader shifts in the moral economy. These shifts have created the conditions of possibility for public victimhood to become a viable strategy for attracting attention and resources to suffering and injustice.
The thesis highlights the centrality and complexity of self-determination in urban Indigenous healing, drawing on historical and ethnographic analysis from three southern Ontario cities. I analyse how the liberal multiculturalism paradigm dominant in health policy and health care settings contributes to mental health professionals’ failure to recognise Aboriginal clients and issues. I argue that characterising pan-Aboriginal and ethno-national healing as approaches in opposition to one another produces an insufficiently nuanced analysis in the context of urban Indigenous subjectivities and social relations, where both approaches are valuable for different reasons. The thesis urges greater attention to the role of languages and local histories, and to the threat which dominant policy discourses on residential schools and mental health pose to the maintenance of distinct ethno-national histories, epistemologies and traditions in urban Indigenous healing.
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"Genocide: indigenous nations and the state of Canada." Thesis, 2014. http://hdl.handle.net/10388/ETD-2014-06-1625.
Full textAbstract:
The dissertation critiques certain developments on the legal definition of genocide while also showing how Canada has failed to comply with customary international laws. It develops the argument that the forcible transferring of Indigenous Peoples’ children into the dominating society meets the criteria set out in the Genocide Convention. The issue will be examined from a “cognitive” lens of domination and dehumanization that unpacks the destructive framework of colonialism in international law. This is necessary because the euphemistic colonial language employed to benignly characterize the destruction experienced by Indigenous Peoples’ children conceals the reality of the genocidal harm against the Original Nations in the Western Hemisphere and globally. The forcible transferring of children from one group to another group causes the collective serious bodily and mental harm onto scores of Indigenous Peoples’ children and ultimately Indigenous Nations as human groups. This violates articles 2 (b) and (e) of the Convention. The Canadian Criminal Code and the limited definition of genocide are integral to the colonial oppressive relationship in international law. This thesis has two objectives, first, to name and describe the experience of genocide experienced by Indigenous Peoples. Second, the thesis analyzes whether the Canadian state has violated the Genocide Convention.
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McGowan, Katharine Albertine. "“We are wards of the Crown and cannot be regarded as full citizens of Canada”: Native Peoples, the Indian Act and Canada’s War Effort." Thesis, 2011. http://hdl.handle.net/10012/6301.
Full textAbstract:
The First World War left few untouched on Canada’s Native reserves: many councils donated money to war funds, thousands of men enlisted and their families sought support from the Military and war-specific charities, and most became involved in the debate over whether Native men could be conscripted and the implications that decision could have for broader Native-government relations. Much of the extant literature on Native participation in the war has paired enthusiastic Native engagement with the Canadian government’s shabby treatment. However, in many different ways and with many different goals, Native peoples achieved significant success in determining the parameters of their participation in the war. Yet, the resolution of these debates between Native peoples and the Canadian government, specifically the Department of Indian Affairs, inadvertently (from the Native perspective) cemented the Indian Act’s key role in Native peoples’ lives, displacing other foundational agreements and traditional organizational principles of reserve life. Native peoples’ varied participation in the First World War paradoxically saw Natives temporarily take control of their relationship with the Canadian government, but in the end brought them more completely under the authority of the Department of Indian Affairs.
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Walkem, Ardith Alison. "Bringing water to the land : re-cognize-ing indigenous oral traditions and the laws embodied within them." Thesis, 2000. http://hdl.handle.net/2429/16800.
Full textAbstract:
This is a study of whether, in the introduction of Indigenous oral traditions as
evidence in court, they are being in the complex cultural interplay that occurs in courts, and
whether, given the central role of oral traditions in Indigenous cultures, the nature of
Indigenous Peoples are being transformed in the process when their rights are adjudicated
before the courts. Chapter 2 discusses the ways that the Supreme Court of Canada has
defined s. 3 5 Aboriginal Title, Rights and Treaty Rights (as unlimited or lawless and
therefore a danger to general public interests; assimilated into Canadian sovereignty;
removing the source of these rights from the land in their legal definition; and, removing
Indigenous laws from their definition). Chapter 3 examines the role that history has played
in the legal interpretation of oral traditions, and argues that a primarily historical
consideration obscures the alive, legal, and dynamic elements of oral traditions. Chapter 4
discusses the ways in which a methodology of suspicion has operated to reduce and diminish
Indigenous oral traditions when they are introduced as evidence in court (rating them as
faulty, light weight historic evidence while obscuring their legal content) through a survey of
cases that have considered oral traditions at the trial level. Chapter 5 explores the
devaluation of the Indigenous laws contained in oral traditions through an acceptance of the
common sense assumption that Canadian conservation and safety laws are both rational and
necessary. Chapter 6 argues that recognition (or denial) of Indigenous laws is politically
contingent, and that despite limited legal recognition (in cases such as Delgamuukw v. B.C.
and R. v. Van der Peef), these laws have yet to flow back onto the land, and are yet to be
invigorated in Canadian law. There remains a lack of recognition of the legal content of oral
traditions, and Indigenous jurisprudences risk being subsumed and transformed when they
are introduced as evidence in Canadian courts.Law, Peter A. Allard School of
Graduate
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Wicks, NC. "Educative leadership in indigenous schools : theories of leadership in use in selected schools in Canada, Australia, and New Zealand." Thesis, 1999. https://eprints.utas.edu.au/22033/1/whole_WicksNormanCraig1999_thesis.pdf.
Full textAbstract:
This is a study of the nature of educative leadership in indigenous schools in Canada,
New Zealand, and Australia. Principals, as educative leaders, serve the vital function of
developing and maintaining school climates that promote conditions for effective
learning. Extensive research has been conducted in teaching, learning, and curriculum
development in indigenous schools. There has been, however, little research into the
theory or practice of leadership in indigenous schools. Research indicating low success
rates of indigenous students suggests that they and the schools they attend have unique
needs. It can be argued that student success is a function of school effectiveness in
promoting learning. Principals have key roles in this process. Thus, it is important that
the nature of educative leadership in indigenous schools is better understood. This study
was therefore undertaken to contribute to theory building in this area, inform
administrative practice, and influence the preparation of principals for indigenous schools
to better serve the learning needs of their students and colleagues.
The literature in this area suggested that the contexts of indigenous education share
many features. Indigenous world views and the epistemologies conveyed within them
are strikingly similar. Stemming from shared epistemological elements are analogous
ways of learning, teaching, decision-making, leading, and organising. Comparable
relationships between indigenous peoples and Europeans and successions of similar
overlapping policy periods were also found.
An interpretive research approach was adopted. Qualitative and ethnographic
methods were combined with case study analysis to elicit and analyse the perceptions of
school leaders. Field research conducted in 1996 involved interviews with principals,
participants, and stakeholders during study visits to each of four selected schools in
British Columbia, Auckland, and Northern Territory.
Constructs and categories emerged from the analysis of field data. Descriptions of
events, actions and utterances of educative leaders were analysed to ascertain common
themes. Dominant themes and the values that supported them were identified at each
site. National and international sites were aggregated for commonalities and the
touchstone of educative leadership in indigenous schools identified.
A suite of interrelated theories of educative leadership-in-use were then derived
from the themes common to all sites. These provisional theories were justified using an
eclectic approach influenced by the criteria for generating and evaluating grounded
theory, building theory from case-study research, and a coherentistic approach to theory
selection and justification.
Of the major themes to emerge across all sites, the importance of the local culture
was the paramount meta-value. Cultural maintenance and reproduction were primary
purposes of each school. Common theories of educative leadership-in-use included
respecting the meta-value of the local culture; managing the school as a site of local
cultural negotiation and reproduction; incorporating indigenous ways of teaching,
orgamsmg, and decision making into the school; and serving as a bridge between
cultures.