Aboriginal rights : Canada's specific claims policy, and the case of Lax Kw'alaams

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dc.contributor.authorShaw, Dominique (Nikki) Mariaen_US
dc.date.accessioned2024-08-15T18:21:47Z
dc.date.available2024-08-15T18:21:47Z
dc.date.copyright1995en_US
dc.date.issued1995
dc.degree.departmentDepartment of Sociology|School of Public Administration|Faculty of Lawen_US
dc.degree.levelMaster of Arts M.A.en
dc.description.abstractA review of scholarly opinion on the source of Aboriginal title suggests that early Canadian jurisprudence compromised the rights of Aboriginal people by defining Aboriginal title as a mere right to use and occupy certain lands at the pleasure of the Crown. Since confederation Canada has used its authority under section 91(24) of the Constitution Act, 1867, to establish a uniform policy relating to Indians and Indian reserve lands. The standard applied for assessing the interest in reserve land throughout Canada is that applied to post-confederation treaty lands where Canada asserts all Aboriginal interests were extinguished. In British Columbia reserves were allotted without considering Aboriginal title. The Lax Kw'alaams people repeatedly asked for a treaty and when the government refused they actively resisted the surveying of their lands. They have continued to lobby, organize, and petition for recognition of their title. The Lax Kw'alaams claim involves reserve lands, created by executive act, in which the Aboriginal title was never surrendered. Yet as a condition of settling the claim Canada has demanded an absolute surrender, which it claims will extinguish Aboriginal title. In response to proposals for an alternative claims process, an Indian Claims Commission was established in 1992 to hear and report on disputed claims. Although the Commission is a step in the right direction, Aboriginal people need a process that: provides settlements within a reasonable time frame; provides direction on implementing decisions; and, that is sensitive to the cultural and political distinctiveness of their societies.en
dc.format.extent83 pages
dc.identifier.urihttps://hdl.handle.net/1828/19656
dc.rightsAvailable to the World Wide Weben_US
dc.titleAboriginal rights : Canada's specific claims policy, and the case of Lax Kw'alaamsen_US
dc.typeThesisen_US

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