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South Island Aboriginal and First Nations issues and discussion


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#401 AllseeingEye

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Posted 10 February 2020 - 08:01 PM

Although I was only at the LTSA for three years I did learn a thing or two, and continued to maintain an interest in land tenure and land ownership after the I left the organization.

 

This question of fee simple vs Aboriginal land claims is a complex one and no doubt the 2014 Supreme Court decision re: the Tsilhqot'in First Nation land ruling will ultimately impact virtually all questions in BC of Aboriginal vs Private land 'ownership'. I have a close buddy who is taking the lead on assisting the Tsilhquot'in develop a comprehensive land use plan  so I hear inside details on the issue periodically. The Tsilhqot'in was a landmark case which even today most British Columbian's remain ignorant of, and in particular the implications for land tenure in this province.

 

The legal wrangling in the case dragged on over 20 years, since six Tsilhqot'in bands first began using the courts and a blockade to stop logging operations in their traditional territory near Williams Lake. But the struggle over who owns the land in B.C has endured much longer, pretty much ever since explorers first arrived in BC, and the chiefs began demanding a resolution to what became known as the "Indian land question." The Supreme Court of Canada's unanimous decision in 2014 laid that question to rest. Sort of......

 

The Court confirmed the Tsilhqot’in peoples had aboriginal title to a large swath of their traditional territory, over 1,700 square kilometres - and not just old village sites as the provincial and federal governments had argued. It was the first time in Canada aboriginal title had been confirmed, outside of an Indian reserve. Not only did that have ramifications for B.C., a province blanketed by unresolved land claims, the decision set a critical precedent for future claims of aboriginal title throughout the country, particularly in Quebec and the East Coast - where land cession treaties don't exist.

 

The Court clarified major issues, such as how to prove aboriginal title and when consent is required from aboriginal groups involved in negotiations over major projects such as the Northern Gateway pipeline. Some legal analysts don't buy First Nation claims that the decision was a victory. Indeed, the court ruled aboriginal title isn't absolute: major projects such as mines or pipelines can still go ahead without the consent of a First Nation, if the government can make the case development is "pressing and substantial," and meet its fiduciary duty to the aboriginal group.

 

In their argument to the Supreme Court the Tsilhqot’in notably omitted areas of private property from its claim to Aboriginal title, which means that the relationship between Aboriginal title and private property has not yet been resolved with any certainty.

 

However, existing legal principles from Tsilhqot’in and other Aboriginal law cases do provide a road-map for resolving conflicts between Aboriginal title and private property. In short, it is possible to prove Aboriginal title over private property in Canada. However, the government may be able to justify the infringement that private property interests represent on Aboriginal title. Where justification is not possible, Canadian case law suggests that the remedy for infringement of Aboriginal title by a grant of private property interests will likely be financial compensation by the government.

 

With respect to Aboriginal vs Fee Simple land ownership think of it this way: when an individual purchases land in BC, he or she owns it in “fee simple.” Fee simple is the most substantial interest in land that exists in law, giving the owner absolute rights of ownership and exclusive rights to use and occupy the land. Although essentially equivalent to absolute ownership, land held in fee simple is still held “in tenure on the Crown’s underlying title.” This means that fee simple ownership, because it is granted by the Crown, relies on the validity of the Crown’s interest in the land in the first place, and any encumbrances on the Crown’s underlying title also apply to the fee simple interest itself.

 

Aboriginal title is similar to fee simple in that it confers exclusive use and occupation of the land. It also provides the group holding title with the rights to decide land usage and to benefit economically from its use. One primary difference between fee simple and Aboriginal title however is that Aboriginal title is a communal right held by the group as a whole. Consequently, uses of Aboriginal title land are restricted to those that will not deprive future generations of the benefit of the land. Another key element is that unlike land held in fee simple, which is generally transferable, Aboriginal title lands may only be transferred to the Crown.

 

The $64,000 question remains however: Can Aboriginal title be proved over Fee Simple? Since each type of ownership entails an exclusive right to the land in question, simultaneous ownership through Aboriginal title and fee simple seems problematic, if not impossible. However, Canadian courts have laid out a framework for resolving conflicts between the two types of ownership.

 

In order to prove Aboriginal title, the test set out in the Tsilhqot’in ruling requires an Aboriginal group to demonstrate that, prior to the assertion of European sovereignty, the land was occupied in a manner that was sufficient, continuous and exclusive. These can all be established where private property interests also exist:

 

  1. Sufficiency – Sufficiency examines the degree of land use prior to the assertion of European sovereignty. Because this is a historical inquiry, it is possible for an Aboriginal group to establish this requirement over land that is currently held in private ownership.
  2. Continuity – Where present occupation is relied on as proof of pre-sovereignty occupation, continuity between the present and pre-sovereignty occupation must be demonstrated. Importantly, this arm of the Tsilhqot’in test is optional – continuity must only be established if current occupation is a key element of proof of historical occupation. In a previous case in Ontario, the Court also recognized that the continuity requirement should be given a very liberal interpretation. Considering its optional nature and liberal application, continuity should not present a meaningful barrier to proving Aboriginal title on fee simple lands.
  3. Exclusivity – Exclusivity can be proved where an Aboriginal group can establish they historically had the intention and capacity to exclusively control the land. This is an inquiry into control at the time of European sovereignty only – present exclusivity is not required. As such, an Aboriginal group claiming title over privately owned property today would not be barred from proving this branch of the test.

 

Accordingly, based on the test laid out in Tsilhqot’in, Aboriginal groups can certainly prove Aboriginal title over land held in fee simple. That all said questions about whether a grant of private property rights on Aboriginal title land is justifiable, the reconciliation of private property and Aboriginal title - and ultimately compensation - are all as yet absolute unknowns in terms of which way the courts will rule. This is an incredibly complex subject, which of necessity will require years of of court hearings and legal wrangling, and one which has the potential to impact many citizens of this province far beyond First Nations peoples.


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#402 amor de cosmos

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Posted 27 February 2020 - 08:20 AM

A months-long national naming contest has seen a star and exoplanet named in the Cree language, as the star HD136418 and its exoplanet HD136418b were renamed Nikâwiy and Awasis. The contest was part of the International Astronomical Union’s NameExoWorlds contest, where roughly 100 countries around the world were asked to name exoplanets and the stars they orbit.

“The original idea for the naming convention came from Amanda Green, a junior high science teacher in Alberta, and was then modified slightly by Wilfred Buck, a noted Cree educator who specializes in astronomy education,” said Sharon Morsink, associate professor in the Department of Physics and lead on the Canadian initiative, managed by the Canadian Astronomical Society (CASCA).

Nikâwiy translates into English as “my mother” and is pronounced NI-gah-wee (the ‘g’ is hard g as in “gate”). Awasis translates into English as “child” and is pronounced ah-wah-sis, explained Morsink. If new exoplanets orbiting Nikâwiy are discovered, these will be named after other family members in the Cree language.

More than 500 name suggestions were submitted to CASCA, and more than 700 people voted on the four finalists, selected by a panel.

https://www.ualberta...-star-cree.html
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#403 Victoria Watcher

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Posted 27 February 2020 - 11:41 AM

awasis is a great name.



#404 amor de cosmos

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Posted 01 March 2020 - 12:15 PM

Participants at the High-level event, “Making a decade of action for indigenous languages,” on 28 February issued a strategic roadmap for the Decade of Indigenous Languages (2022-2032) prioritizing the empowerment indigenous language users.

More than 500 participants from 50 countries, including government ministers, indigenous leaders, researchers, public and private partners, and other stakeholders and experts, adopted the Los Pinos Declaration, at the end of the two-day event in Mexico City, which was organized by UNESCO and Mexico. The Declaration places indigenous peoples at the centre of its recommendations under the slogan “Nothing for us without us.”

The Declaration, designed to inspire a global plan of action for the Decade, calls for the implementation of the internationally recognized rights of indigenous peoples, expressed notably in the UN Declaration on the Rights of Indigenous Peoples of 2007, the UN System-wide Action Plan (SWAP) on the Rights of Indigenous Peoples of 2017, and other standard-setting instruments such as UNESCO’s Convention against Discrimination in Education (1960),the UN’s International Convention on the Elimination of All Forms of Racial Discrimination (1965), International Covenant on Civil and Political Rights, and International Covenant on Economic, Social and Cultural Rights (1966).

In its strategic recommendations for the Decade, the Los Pinos Declaration emphasizes indigenous peoples’ rights to freedom of expression, to an education in their mother tongue and to participation in public life using their languages, as prerequisites for the survival of indigenous languages many of which are currently on the verge of extinction. With regard to participation in public life, the Declaration highlights the importance of enabling the use of indigenous languages in justice systems, the media, labour and health programmes. It also points to the potential of digital technologies in supporting the use and preservation of those languages.

https://en.unesco.or...rs-human-rights

#405 amor de cosmos

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Posted 08 May 2020 - 07:19 AM

A St. John's genetics specialist has found DNA connections that link the Beothuk people to contemporary people, almost two centuries after the last known Beothuk died.

Steve Carr, a biology professor at Memorial University, says that his research also shows that the genetic material of the ancient Maritime Archaic people still exists to this day, centuries after they disappeared from places like Port au Choix, on Newfoundland's west coast.

Shanawdithit, the last known member of the Beothuk people, died in 1829. The Beothuk have long been described as extinct, but Carr says a more accurate phrasing is culturally extinct, as the science of DNA is now reshaping the story.

For years, Indigenous people in Newfoundland — including the Mi'kmaq — have maintained they are related to the Beothuk.

Carr, whose findings have been published in the journal Genome, says there is evidence to support that position.

https://www.cbc.ca/n...-carr-1.5559913

#406 amor de cosmos

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Posted 24 June 2020 - 08:31 AM

The University of Victoria is working to integrate Indigenous approaches to knowledge with the hiring of a librarian whose focus will be reconciliation.

Ry Moran, currently the director of the National Centre for Truth and Reconciliation in Winnipeg, will take on a newly created role in the fall as a reconciliation librarian in what UVic says is the first of its kind at a Canadian university.

Moran, a member of the Red River Métis, is returning to the university after graduating in 2002 with an undergraduate degree in history and political science. He has spent more than a decade working in reconciliation gathering residential school survivor statements for Canada’s Truth and Reconciliation Commission and creating a national archive of millions of records gathered for the commission.

https://www.timescol...oint-1.24158609

#407 Victoria Watcher

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Posted 25 June 2020 - 05:14 AM

it’s important to hire only by race.

#408 amor de cosmos

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Posted 25 June 2020 - 06:20 AM

what gave you that idea? i think the 3rd paragraph is pretty clear that the opposite is true.

Edited by amor de cosmos, 25 June 2020 - 06:22 AM.

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#409 Victoria Watcher

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Posted 25 June 2020 - 06:45 AM

because he is a metis with a degree?  

 

while i agree with you that is fairly rare - it's not a good reason to create a brand new position open only to a certain race.


Edited by Victoria Watcher, 25 June 2020 - 06:50 AM.


#410 amor de cosmos

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Posted 25 June 2020 - 07:10 AM

i have no idea what you're talking about. there's nothing in the story to indicate that UVic was looking for incompetent Métis for this position. here it is again:
 

He has spent more than a decade working in reconciliation gathering residential school survivor statements for Canada’s Truth and Reconciliation Commission and creating a national archive of millions of records gathered for the commission.


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#411 lanforod

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Posted 25 June 2020 - 07:23 AM

Vic Watcher, where did you get that information, that UVic 'created a brand new position open only to a certain race'?  If you just assumed that, then you're likely wrong. The position is strongly suited for someone with reconciliation experience, obviously, and it sounds like from this person's CV, they have that. Being of FN race helps bridge the divide as well, don't you think?

 

If your argument is that the position shouldn't exist to begin with, why did you bring race into it?


Edited by lanforod, 25 June 2020 - 07:24 AM.


#412 spanky123

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Posted 25 June 2020 - 07:35 AM

I don't think this has anything to do with race but I wonder how "gathering statements" makes you an expert in reconciliation? Sort of like saying someone who transcribes court room testimony would make an excellent judge. 


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#413 amor de cosmos

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Posted 25 June 2020 - 08:05 AM

in other contexts it might be called "collecting oral histories" or "testimony" or "field research", and since his work over a 10-year period led to the creation of a national archive of millions of items I'd say UVic did pretty well to get him


Edited by amor de cosmos, 25 June 2020 - 08:15 AM.

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#414 RFS

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Posted 25 June 2020 - 08:07 AM

I shudder to think what decolonizing the archives might mean.  Book burning, I assume.


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#415 spanky123

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Posted 25 June 2020 - 09:49 AM

His title was "the director of statement gathering". Perhaps that put him in charge of creating the national archive I don't know. I would have expected a more senior title.

 

What normally happens with roles like this is that someone finds some grant money and works with the University to secure it. They get a couple hundred thousands, the person moves to the University town, teaches a few classes, does a little research, writes a paper and nobody ever checks to see if anything of value was generated. The University wins as they get money, the applicants wins as they get a job and travel and the taxpayer foots the bill.

 

Not saying that is the case here.



#416 Jackerbie

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Posted 25 June 2020 - 10:12 AM

His title was "the director of statement gathering". Perhaps that put him in charge of creating the national archive I don't know. I would have expected a more senior title.

 

What normally happens with roles like this is that someone finds some grant money and works with the University to secure it. They get a couple hundred thousands, the person moves to the University town, teaches a few classes, does a little research, writes a paper and nobody ever checks to see if anything of value was generated. The University wins as they get money, the applicants wins as they get a job and travel and the taxpayer foots the bill.

 

Not saying that is the case here.

 

That was one of his titles, from his time with the Truth and Reconciliation Commission of Canada. He's also the director of the National Centre for Truth and Reconciliation in Winnipeg.


Edited by Jackerbie, 25 June 2020 - 10:14 AM.

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#417 RFS

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Posted 09 July 2020 - 03:12 PM

https://www.cnbc.com...rican-land.html

Supreme Court says eastern half of Oklahoma is Native American land

The Supreme Court on Thursday ruled that a huge swath of Oklahoma is Native American land for certain purposes, siding with a Native American man who had challenged his rape conviction by state authorities in the territory.

The 5-4 decision, with an opinion authored by Justice Neil Gorsuch, endorsed the claim of the Muscogee (Creek) Nation to the land, which encompasses 3 million acres in eastern Oklahoma, including most of the city of Tulsa.

The decision means that only federal authorities, no longer state prosecutors, can lodge charges against Native Americans who commit serious alleged crimes on that land, which is home to 1.8 million people. Of those people, 15% or fewer are Native Americans.

#418 amor de cosmos

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Posted 30 July 2020 - 09:35 AM

Hayashi is one of two linguists that will lead the ten-day to fourteen-day Rapid Word Collection workshop that aims to energize the community and collect as many words as possible through collaboration.

Rapid Word Collection is a technique that has been used all around the world, but according to Hayshia, this is the first time it is being used in British Columbia.

“We are usually shooting for ten to 17,000 words in that amount of time and bringing the community together. It’s a lot of people working off each other’s synergy as they remember the words,” said Hayashi.

They will document as many Haislakala words as possible after that workshop is complete start building a new curriculum.

They will add to the Haislakala dictionary, help build an app for mobile devices and export the data into First Voices.

The following months they will be recording Elder’s stories building a collection of Haisla history.

https://www.aptnnews...serve-language/

#419 amor de cosmos

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Posted 06 August 2020 - 11:28 AM

Stone fluted points dating back some 8,000 to 7,000 years ago, were discovered on archaeological sites in Manayzah, Yemen and Ad-Dahariz, Oman. Spearheads and arrowheads were found among these distinctive and technologically advanced projectile points. Until now, the prehistoric technique of fluting had been uncovered only on 13,000 to 10,000-year-old Native American sites. According to a study led by an international team of archaeologists from the CNRS, Inrap, Ohio State University and the Max Planck Institute for the Science of Human History, the difference in age and geographic location implies there is no connection between the populations who made them. This is therefore an example of cultural convergence for an invention which required highly-skilled expertise. And yet, despite similar fluting techniques, the final aim appears to be different. Whereas in the Americas the points were used to facilitate hafting, or attaching the point to a shaft, fluting in Arabia was possibly a mere display of knapping skills.

https://www.alphagal...y/ItemId/195916

#420 amor de cosmos

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Posted 07 August 2020 - 07:49 AM

a5-08072020-souke-jpg.jpg

Construction is expected to start in the spring of 2022 on a $7.4-million health and community centre that is being described as “life-changing” for the T’Sou-ke First Nation.

The 10,400-square-foot facility will include offices for the T’sou-ke administration, classrooms to support the teaching of Indigenous language and culture and a community hall for gatherings. The 1,800 square-foot health complex will give doctors, nurses and dentists ample room to treat the T’Sou-ke Nation’s 253 members.

https://www.timescol...tion-1.24182468

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