
Title:
Beyond rights : the Nisg̲a'a Final Agreement and the challenges of modern treaty relationships
Author:
Publication Date:
2021
Publication Information:
Vancouver, BC : UBC Press, [2021]
©2021
Physical Description:
ix, 191 pages : illustrations (black and white) ; 24 cm
ISBN:
9780774866453
9780774866460
Abstract:
"In 2000, the Nisg̲a'a treaty marked the culmination of over one hundred years of Nisg̲a'a people protesting, petitioning, litigating, and negotiating for recognition of their rights and land title. Beyond Rights explores this ground-breaking achievement and its impact. Treaty making has long been an important element in relationships between the Crown and Indigenous peoples in what is now Canada, but modern treaties are more complex and multifaceted. Embodying the force of law, they are social and political compacts intended to create lasting reciprocal relationships between treaty partners. The Nisg̲a'a were trailblazers in gaining Supreme Court recognition of unextinguished Aboriginal title, and the treaty marked a turning point in the relationship between First Nations and provincial and federal governments. By embedding three key elements - self-government, title, and control of citizenship - the Nisg̲a'a treaty tackled fundamental issues concerning state sovereignty, the underlying title of the Crown, and the distribution of rights. Using this pivotal case study, Beyond Rights analyzes both the potential and the limits of treaty making as a way to address historical injustice and achieve contemporary legal recognition. It also assesses the possibilities for a distinct Indigenous citizenship in a settler state with a long history of exclusion and assimilation."-- Provided by publisher.
Contents:
We have always made laws : defending the right to self-government -- Aboriginal title, fee simple, and dead capital : property in translation -- Treaty citizenship : negotiating beyond inclusion -- The treaty relationship : reconciliation and its discontents.
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Subject Term:
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Language:
English