Old Wine in New Bottles? Instrumental Policy Learning and the Evolution of the Certainty Provision in Comprehensive Land Claims Agreements
Bibliographic Data
| ID | 11966682 |
|---|---|
| Authors | Christopher Alcantara (0000-0001-6089-1114, Wilfrid Laurier University, corresponding author) |
| Year | 2009 |
| Volume | 35 |
| Issue | 3 |
| Pages | 325-341 |
| Publication date | 2009-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Canadian Public Policy (JOURNAL) |
| Journal identifiers | ISSN: 0317-0861 • E-ISSN: 1911-9917 |
| Publisher | University of Toronto Press Inc. (UTPress) (PUBLISHER) |
| DOI | 10.3138/cpp.35.3.325 |
| OpenAlex | W4256090256 |
| Language | EN |
| Citations received | 5 |
| References cited | 27 |
Comprehensive land claims agreements are important tools for empowering Aboriginal peoples. A crucial part of these treaties is the certainty provision, which deals with the nature of Aboriginal rights and title once a treaty is signed. Up until 1986, the Crown insisted on one certainty formula for all treaties. After 1986, however, Aboriginal groups were able to negotiate alternatives to the original certainty provision. This paper seeks to explain why alternatives to the original certainty provision emerged after 1986. It suggests that government perceptions of policy failure, generated by Aboriginal opposition to the extinguishment clause, resulted in the Crown engaging in instrumental learning
Certainty · Economics · Epistemology · Extinguishment · Government (linguistics · Law and economics · Legal certainty · Negotiation · Opposition (politics · Political science · Politics · Restitution · Treaty · Conservation, Biodiversity, and Resource Management · Law · Mining and Resource Management · Policy Transfer and Learning
New trends in Canadian federalism
The Nisga'a Treaty
Success and Failure in Public Governance
Policy change and learning
Indigenous Difference and the Constitution of Canada
From Talking Chiefs to a Native Corporate Elite
Lessons of Disaster
Who Learns What from Whom
Living Treaties
British Columbia after the Delgamuukw Decision
Northern Governments in Transition
An advocacy coalition framework of policy change and the role of policy-oriented learning therein
The lessons of learning
Skyscrapers Hide the Heavens
Negotiating claims
Modern social politics in Britain and Sweden
Legitimacy and Public Policy
Policy Learning and Failure
Learning and foreign policy
Policy Failure and Policy Change
Welcome In, But Check Your Rights at the Door
Explaining Aboriginal Treaty Negotiation Outcomes in Canada
What is Lesson-Drawing
Searching for Guarantees in the Midst of Uncertainty
| Unique citing works | 5 |
|---|---|
| Citations per year | 1 |
| Citation span | 2021 - 2025 (5) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 5 |