Claiming The Land

Literary Nonfiction. California Interest. Native American Studies. This trailblazing history focuses on a single year, 1858, the year of the Fraser River gold rush--the third great mass migration of gold seekers after the Californian and Australian rushes in search of a new El Dorado. Marshall's history becomes an adventure, prospecting the rich pay streaks of British Columbia's "founding" event and the gold fever that gripped populations all along the Pacific Slope. Marshall unsettles many of our most taken-for-granted assumptions: he shows how foreign miner-militias crossed the 49th parallel, taking the law into their own hands, and conducting extermination campaigns against Indigenous peoples while forcibly claiming the land. Drawing on new evidence, Marshall explores the three principal cultures of the goldfields--those of the fur trade (both Native and the Hudson's Bay Company), Californian, and British world views. The year 1858 was a year of chaos unlike any other in British Columbia and American Pacific Northwest history. It produced not only violence but the formal inauguration of colonialism, Native reserves and, ultimately, the expansion of Canada to the Pacific Slope. Among the haunting legacies of this rush are the cryptic place names that remain--such as American Creek, Texas Bar, Boston Bar, and New York Bar--while the unresolved question of Indigenous sovereignty continues to claim the land.

New Owners in their Own Land :Minerals and Inuit Land Claims is a well-researched treatment of the institutional, political, and personal conflicts that guided the process of Nunavut land claim negotiations. McPherson carefully considers the connection between resource development stemming from the days of oil and gas exploration in the Arctic in the 1960s and the Inuit's ensuing battle for self-determination. He outlines the federal government's "business-as-usual" tactic in pushing exploration further north onto Inuit territory and sheds light on exactly how the precedent-settling agreement was achieved whereby the Inuit managed to become owners of the mineral claims on their own land.New Owners in Their Own Land discusses the prolonged, historical dispute over the land selection process with respect to subsurface rights within Nunavut using existing research, interviews, and personal diaries. The author's personal account of his involvement as a mineral consultant for the Inuit negotiators provides a rare and unique perspective on Inuit self-determination and exploration history in the North.

Eagle Down Is Our Law is about the struggle of the Witsuwit'en peoples to establish the meaning of aboriginal rights. With the neighbouring Gitksan, the Witsuwit'en launched a major land claims court case asking for the ownership and jurisdiction of 55,000 square kilometers of land in north-central British Columbia that they claim to have held since before the arrival of the Europeans. In conjunction with that court case, the Gitksan and Witsuwit'en asked a number of expert witnesses, among them Antonia Mills, an anthropologist, to prepare reports on their behalf. Her report, which instructs the judge in the case on the laws, feasts, and institutions of the Witsuwit'en, is presented here. Her testimony is based on two years of participant observation with the Witsuwit'en peoples and on her reading of the anthropological, historic, archaeological, and linguistic data about the Witsuwit'en.

Literature not only represents Canada as “our home and native land” but has been used as evidence of the civilization needed to claim and rule that land. Indigenous people have long been represented as roaming “savages” without land title and without literature. Literary Land Claims: From Pontiac’s War to Attawapiskat analyzes works produced between 1832 and the late 1970s by writers who resisted these dominant notions. Margery Fee examines John Richardson’s novels about Pontiac’s War and the War of 1812 that document the breaking of British promises to Indigenous nations. She provides a close reading of Louis Riel’s addresses to the court at the end of his trial in 1885, showing that his vision for sharing the land derives from the Indigenous value of respect. Fee argues that both Grey Owl and E. Pauline Johnson’s visions are obscured by challenges to their authenticity. Finally, she shows how storyteller Harry Robinson uses a contemporary Okanagan framework to explain how white refusal to share the land meant that Coyote himself had to make a deal with the King of England. Fee concludes that despite support in social media for Theresa Spence’s hunger strike, Idle No More, and the Indian Residential School Truth and Reconciliation Commission, the story about “savage Indians” and “civilized Canadians” and the latter group’s superior claim to “develop” the lands and resources of Canada still circulates widely. If the land is to be respected and shared as it should be, literary studies needs a new critical narrative, one that engages with the ideas of Indigenous writers and intellectuals.

"From the Foreword, by Heather Majaury:I am prone to think that when Creator lowered Lynn to Mother Earth it was for herto complete this difficult task of bravery. Indeed we can all learn from her, as she hasfulfilled her responsibility.In commemoration of the 250th anniversary of the Treaty at Niagara, The Truththat Wampum Tells offers readers a first-ever insider analysis of the contemporaryland claims and self-government process in Canada. Incorporating an analysis oftraditional symbolic literacy known as wampum diplomacy, Lynn Gehl arguesthat despite Canada's constitutional beginnings first codified in the 1763 RoyalProclamation and ratified during the 1764 Treaty at Niagara, Canada continues todeny the Algonquin Anishinaabeg their right to land and resources, their right tolive as a sovereign nation, and consequently their ability to live mino-pimadiziwin(the good life).Gehl moves beyond Western scholarly approaches rooted in the historicalarchives, academic literature and the interview method. She also moves beyonddiscussions of Indigenous methodologies, offering an analysis through herdebwewin journey: a wholistic Anishinaabeg way of knowing that incorporatesboth mind knowledge"

The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government's program of land restitution since the end of apartheid. Land reform (and land restitution within that) remains a highly charged issue in South Africa, one that deserves more in-depth analysis. Drawing on her experience as Rural Land Claims Commissioner in KwaZulu-Natal from 1995 to 2000, Professor Cherryl Walker provides a multilayered account of land reform in South Africa, one that covers general critical commentary, detailed case material, and personal narrative. She explores the master narrative of loss and restoration, which has been fundamental in shaping the restitution program; offers a critical overview of the achievements of the program as a whole; and discusses what she calls the "non-programmatic limits to land reform," including urbanization, environmental constraints and the impact of HIV/AIDS.

"Co-management boards, established under comprehensive land claims agreements, have become key players in land-use planning, wildlife management, and environmental regulation across Canada's North. This book provides a detailed account of the operation and effectiveness of these boards while addressing a central question: Have they been successful in ensuring substantial Indigenous involvement in policies affecting the land and wildlife in their traditional territories? While identifying constraints on the role Northern Indigenous peoples play in board processes, Graham White finds that overall they exercise extensive decision-making influence. These findings are provocative and offer valuable insights into our understanding of the importance of land claims boards and the role they play in the evolution of treaty federalism in Canada."--

As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.