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Negotiating the Deal: Comprehensive Land Claims Agreements in Canada PDF

193 Pages·2013·1.247 MB·English
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NegotiatiNg the Deal Comprehensive land Claims agreements in Canada Negotiating the Deal provides the first systematic and comprehensive analysis of the factors that explain both completed and incomplete treaty negotiations between Aboriginal groups and the federal, pro- vincial, and territorial governments of Canada. Since 1973, groups that have never signed treaties with the Crown have been invited to ne- gotiate what the government calls “comprehensive land claims agree- ments,” otherwise known as modern treaties, which formally transfer jurisdiction, ownership, and title over selected lands to Aboriginal sig- natories. Despite their importance, not all groups have completed such agreements – a situation that is problematic not only for governments but for Aboriginal groups interested in rebuilding their communities and economies. Using in-depth interviews with Indigenous, federal, provincial, and territorial officials, Christopher Alcantara compares the experiences of four Aboriginal groups: the Kwanlin Dün First Nation (with a com- pleted treaty) and the Kaska Nations (with incomplete negotiations) in Yukon Territory, and the Inuit (completed) and Innu (incomplete) in Newfoundland and Labrador. Based on the experiences of these groups, Alcantara argues that scholars and policymakers need to pay greater attention to the institutional framework governing treaty nego- tiations and, most importantly, to the active role that Aboriginal groups play in these processes. christopher alcantara is an associate professor in the Department of Political Science at Wilfrid Laurier University. This page intentionally left blank Negotiating the Deal Comprehensive Land Claims Agreements in Canada ChrISToPher A LCANTArA UNIverSITY oF ToroNT o PreSS Toronto Buffalo London © University of Toronto Press 2013 Toronto Buffalo London www.utppublishing.com Printed in Canada ISBN 978-1-4426-4477-9 (cloth) ISBN 978-1-4426-1284-6 (paper) Printed on acid-free, 100% post-consumer recycled paper with vegetable- based inks. Library and Archives Canada Cataloguing in Publication Alcantara, Christopher, 1978– Negotiating the deal : comprehensive land claims agreements in Canada / Christopher Alcantara. Includes bibliographical references and index. ISBN 978-1-4426-4477-9 (bound). – ISBN 978-1-4426-1284-6 (pbk.) 1. Native peoples – Canada – Claims. 2. Native peoples – Canada – Govern- ment relations. 3. Native peoples – Land tenure – Canada. I. Title. Ke7718.A78 2013  346.7104’3208997  C2012-908144-2 KF8208.A932 2013 This book has been published with the help of a grant from the Canadian Federation for the humanities and Social Sciences, through the Awards to Scholarly Publications Program, using funds provided by the Social Sci- ences and humanities research Council of Canada. University of Toronto Press acknowledges the financial assistance to its publishing program of the Canada Council for the Arts and the ontario Arts Council.    University of Toronto Press acknowledges the financial support of the Government of Canada through the Canada Book Fund for its publishing activities. For Kerry Lee, Kees, Adelaide, and Anthony This page intentionally left blank Contents Illustrations ix Acknowledgments xi Introduction 3 1  Setting the Stage: The Context of Modern Treaty Negotiations in Canada 14 2  The Innu and the Inuit in Labrador 33 3  The Kwanlin Dün First Nation and the Kaska Nations in the Yukon Territory 73 4  Where Do We Go from here? options and Alternatives 121 Conclusion 139 Postscript 141 Notes 145 Bibliography 155 Index 173 This page intentionally left blank Illustrations Maps Map 2.1 Labrador 35 Map 2.2  The lands controlled by the Nunatsiavut government under the Labrador Inuit Land Claims Agreement 36 Map 2.3 Innu Traditional Territories 37 Map 3.1 The Yukon Territory 75 Map 3.2  The Traditional Territories of the Kwanlin Dün and the Kaska 76 Tables Table 2.1  Factors relative to the Aboriginal groups that affect which CLC negotiation outcomes are obtained 58 Table 2.2  Factors that affect the speed of CLC negotiation outcomes 68 This page intentionally left blank

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