A geography of reconciliation
An effective and lawful framework for achieving clarity of First Nations territorial jurisdiction in British Columbia
Bibliographic Data
| ID | 5831575 |
|---|---|
| Authors | R G Christopher Turner (corresponding author) |
| Year | 2018 |
| Publication date | 2018-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | THESIS |
| Publisher | University of Northern British Columbia (PUBLISHER) |
| DOI | 10.24124/2018/58903 |
| OpenAlex | W4229734656 |
| Language | EN |
| References cited | 36 |
What is the best way to achieve and sustain clarity of First Nations territorial jurisdiction in British Columbia (BC)? The question is critical to addressing the legal imperative of Indigenous-Crown reconciliation; that is, balancing the rights of Indigenous peoples with the interests of society as a whole through negotiation. Reconciliation requires dialog, and effective dialog is almost impossible amidst conflict concerning which Indigenous polities have legal authority to negotiate concerning specific territories. This dissertation argues that hybrid law - involving the harmonization of state and Indigenous legal systems - should be the basis of common understanding and legitimacy for determining which Indigenous polities have legal authority to negotiate concerning areas subject to "overlapping claims". Drawing upon the experiences of BC, New Zealand, and Australia, the study concludes that First Nations and the Crown in BC should work collaboratively to empower an independent Indigenous Territories Tribunal to oversee a program of regional inquiries across the province. Regional inquiries should involve: a) research, b) community hearings that empower Indigenous people to articulate their history and legal systems, c) assessments of the character and strength of claims, d) recommendations, and e) the development of Indigenous Jurisdiction Agreements that express complex Indigenous territorialities, hybrid law, and the Indigenous polities that have the legal authority to negotiate with the Crown concerning specific territories. Clarity of Indigenous territorial jurisdiction is a critical aspect of addressing the legal imperative of Indigenous-Crown reconciliation. This dissertation proposes a framework for achieving a geography of reconciliation: that is, an exhaustive map of BC that clearly communicates which First Nation polities have legal authority to negotiate where
CLARITY · Cross-Border Cooperation and Integration · Indigenous Peoples' Rights and Law · Political Systems and Governance
Human territoriality
Indigenousness and Indigeneity
Indigenous Legal Theory
Indigenous Difference and the Constitution of Canada
Revisiting the Duty to Consult Aboriginal Peoples
Qualitative inquiry and research design
The practice of social research
Territory, authority, rights
The significance of territory
Bounded spaces in a 'borderless world
Geographies of responsibility
The Possibilities of a Politics of Place Beyond Place? A Conversation with Doreen Massey
Overlap
Land, terrain, territory
The territorial trap
Environment, race and nation reconsidered
The limits to scale? Methodological reflections on scalar structuration
Getting Personal
Fences and neighbours in the postmodern world
Law's Territory (A History of Jurisdiction)
Annihilation of both place and sense of place
Decolonizing Conflict Resolution
Thinking through Territoriality
Reading Claude Raffestin
Entente Territorial
Governmentality, Calculation, Territory
Space, Territory, and Territoriality
Power, Culture, Economy
Culture and Imperialism
Decolonizing Methodologies
Searching for Guarantees in the Midst of Uncertainty
Indigenous people don't have boundaries
The challenges of mapping complex indigenous spatiality
The paradox of boundaries in Coast Salish territories
| Citation velocity | historical |
|---|---|
| Highly cited | No |