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    Indigenous-crown relations in Canada and the Yukon: the Peel Watershed case, 2017

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    Author
    Baranik, Lauren Alexandra
    Chair
    Ehrlander, Mary F.
    Committee
    McCartney, Leslie
    Castillo, Victoria
    Hirsch, Alexander
    Keyword
    indigenous peoples
    land tenure
    Canada
    Yukon
    government relations
    Metadata
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    URI
    http://hdl.handle.net/11122/10609
    Abstract
    The history of Indigenous-Crown relations in Canada has varied regionally and temporally. With the Constitution Act of 1982, however, Canada entered a new era. Section 35 of the Constitution recognized Indigenous treaty and land rights, and the Supreme Court of Canada has consistently interpreted this section liberally in favor of Canada's Indigenous Peoples. The Court has upheld the honour of the Crown in emphasizing the national and subnational governments' duty to consult diligently when engaging in development on the traditional territories of First Nations, Metis, and Inuit. The "citizens-plus" model of asserting and protecting Indigenous rights, first coined in the Hawthorn Report of 1966, has proved effective in these court cases, most recently in the Yukon's Peel Watershed case from 2014 to 2017. Yet, engaging with the state to pursue and to invoke treaty rights has forced socioeconomic and political changes among Yukon First Nations that some scholars have argued are harmful to the spiritual and physical wellbeing of Indigenous communities, mainly through alienation from their homelands. The Peel Watershed case demonstrates the unique historical development of Yukon First Nations rights and the costs and benefits of treaty negotiations and asserting Indigenous rights.
    Description
    Thesis (M.A.) University of Alaska Fairbanks, 2019
    Table of Contents
    Introduction -- Chapter One: Literature Review and Methods -- Literature review -- Historical analysis -- Indigenous rights in Canada -- Literature review synthesis and conclusion -- Methods. Chapter Two: History of Indigenous-Crown relations in Canada to the modern land claims era -- French Crown-Indigenous relations -- British Crown-Indigenous relations -- the department of indian affairs as a branch of the military (1755-1830) -- The Department of Indian Affairs under civil jurisdiction (1830-1867) -- Canadian Crown-Indigenous affairs -- Northwestward expansion (1870-1920s) -- The Department of Indian Affairs in the Northwest (the 1920s to 1944) -- The rise of Indigenous rights (1940s-1969). Chapter Three: The modern land claims era -- Liberal government - Pierre Elliot Trudeau (1968-1979; 1980-1984) -- Conservative government - Brian Mulroney (1984-1993) -- Liberal government: Jean Chrétien (1993-2003) and Paul Martin (2003-2005) -- Conservative government: Stephen Harper (2006-2015) -- The honour of the Crown -- Liberal government: Justin Trudeau (2015-present). Chapter Four: History of Indigenous-Crown relations in Yukon to the modern land claims era -- Pre-contact -- Early fur trade in the Yukon (1800 to 1893) -- Northwestward expansion (1893 to 1910s) -- The Department of Indian Affairs in the Yukon (1920s to 1960) -- Inter-war years -- World War II -- The rise of Indigenous rights in the Yukon (1950s to 1969). Chapter Five: the modern land claims era in the Yukon -- Liberal federal government - Pierre Elliot Trudeau (1968-1979; 1980-1984) -- Conservative territorial government: Chris Pearson (1978 - 1985) -- Conservative federal government: Brian Mulroney (1984-1993) -- New democratic territorial government: Tony Penikett (1985-1992) -- Liberal federal government: Jean Chrétien (1993-2003) and Paul Martin (2003-2005) -- Conservative territorial government: John Ostashek (1992-1996) -- New democratic territorial government: Piers McDonald (1996-2000) -- Liberal territorial government: Pat Duncan (2000-2002) -- Conservative territorial government: Dennis Fentie (2002-2011) -- Conservative federal government: Stephen Harper (2006-2015) -- Conservative territorial government: Darrell Pasloski (2011-2016) -- Liberal federal government: Justin Trudeau (2015-present) -- Liberal territorial government: Sandy Silver (2016-present) -- Conclusion. Chapter Five [Six]: Indigenous rights -- Human rights make way for Indigenous rights -- "Citizens-plus" model -- Self-recognition -- Citizens plus versus self-recognition -- Citizens plus or self-recognition in the Yukon -- conclusion. Chapter Six [Seven]: Peel Watershed case -- Analysis: duty to consult and honour of the Crown in the Peel Watershed case -- Peel Watershed case: citizens plus or self-recognition? -- Conclusion.
    Date
    2019-08
    Type
    Thesis
    Collections
    College of Liberal Arts
    Theses (Arctic and Northern Studies)

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