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Beyond Rights

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

by (author) Carole Blackburn

Publisher
UBC Press
Initial publish date
Dec 2021
Subjects
Indigenous Studies, Indigenous Peoples, Cultural
Categories
About indigenous people or experiences

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  • eBook

    ISBN
    9780774866484
    Publish Date
    Dec 2021
    List Price
    $32.99

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Description

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.

About the author

Awards

  • Short-listed, George Ryga Award for Social Awareness in Literature

Contributor Notes

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.

Editorial 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.

BC Studies