Beyond Rights: The Nisg̱a’a Final Agreement and the Challenges of Modern Treaty Relationships

Awards:   Short-listed for George Ryga Award for Social Awareness in Literature 2023 (Canada)
Author:   Carole Blackburn
Publisher:   University of British Columbia Press
ISBN:  

9780774866460


Pages:   202
Publication Date:   15 August 2022
Format:   Paperback
Availability:   In Print   Availability explained
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Beyond Rights: The Nisg̱a’a Final Agreement and the Challenges of Modern Treaty Relationships


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Awards

  • Short-listed for George Ryga Award for Social Awareness in Literature 2023 (Canada)

Overview

In 2000, the Nisg̱a’a treaty marked the culmination of over one hundred years of Nisg̱a’a people protesting, petitioning, litigating, and negotiating for recognition of their rights and land title. Beyond Rights explores this groundbreaking achievement and its impact. The Nisg̱a’a were trailblazers in gaining Supreme Court recognition of unextinguished Aboriginal title, and the treaty marked a turning point in the relationship between First Nations and provincial and federal governments. By embedding three key elements – self-government, title, and control of citizenship – the Nisg̱a’a treaty tackled fundamental issues concerning state sovereignty, the underlying title of the Crown, and the distribution of rights. Using this pivotal case study, Beyond Rights analyzes both the potential and the limits of treaty making as a way to address historical injustice and to achieve contemporary legal recognition. It also assesses the possibilities for a distinct Indigenous citizenship in a settler state with a long history of exclusion and assimilation.

Full Product Details

Author:   Carole Blackburn
Publisher:   University of British Columbia Press
Imprint:   University of British Columbia Press
Dimensions:   Width: 15.20cm , Height: 1.80cm , Length: 22.90cm
Weight:   0.320kg
ISBN:  

9780774866460


ISBN 10:   0774866462
Pages:   202
Publication Date:   15 August 2022
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction 1 We Have Always Made Laws: Defending the Right to Self-Government 2 Aboriginal Title, Fee Simple, and Dead Capital: Property in Translation 3 Treaty Citizenship: Negotiating beyond Inclusion 4 The Treaty Relationship: Reconciliation and Its Discontents Conclusion Notes; References; Index

Reviews

...Beyond Rights provides a compelling account for why, despite their flaws, the modern treaties are important to the future of reconcilitation in Canada and ought to have the attention of all Canadians. -- Joshua Nichols, McGill University * BC Studies *


Author Information

Carole Blackburn is an associate professor in the Department of Anthropology at the University of British Columbia and the author of Harvest of Souls: Jesuit Missions and Colonialism in North America, 1632–1650. She has been researching the Nisg̱a’a Final Agreement since 1999, conducting interviews and engaging in participant observation with treaty negotiators, politicians, bureaucrats, Nisg̱a’a citizens, government workers, and lawyers for the province, the federal government, and the Nisg̱a’a.

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