Native Land Claim in Canada

Native Land Claim in Canada Introduction Land is an essential part of life among all indigenous people (Simons et al., 77). It encompasses the entire use of territory including forests, rivers, mountains, water bodies among other natural resources.Advertising We will write a custom essay sample on Native Land Claim in Canada specifically for you for only $16.05 $11/page Learn More The unique relationship that exists between the indigenous people and the land often makes their rights to land vital for their survival, cultural values and identity (Simons et al., 77). Consequently, colonization of indigenous territories affected the aboriginal people with most of the colonizers gaining ownership of their land which rendered them landless forcing them to lead nomadic lifestyles. The late 1960s marked the beginning of the modern era of law and policy pertaining to aboriginal rights and titles in Canada. In 1969, the white paper addressing Indian Policy was published (Canadian Encyclopaedia 1). This paper proposed the repeal of Indian act and the demolishing of department of Indian affairs. The white paper further outlined that any unique rights possessed by aboriginal people had been submerged in the flow of history hence making such rights irrelevant. The white paper propositions were out rightly rejected by the native Indians, Inuit and Metis and this led to the suspension of the white paper implementation two years later. Following the resistance of the natives to the new regulations, the government of Canada embarked on vigorous reconsideration of the legal, political, and cultural aspects that governed the lives of Indians, Inuit and Metis. This significantly contributed to the definition and protection of the rights of aboriginal people in Canada. The country took various positive steps towards achievement of greater native control of policies and resources. Currently, land claims are adequately dealt with where the rights of the aboriginals are upheld (Canadian Encyclopaedia 1). The process for land claims in Canada is relatively slow with hundreds of claims still pending. Negotiations often incorporate provincial and territorial governments and other third parties who aim at resolving the conflict arising between the two social groups. Negotiation process is formally based on legal concepts with issues of contention ranging from land titles to aboriginal rights.Advertising Looking for essay on anthropology? Let's see if we can help you! Get your first paper with 15% OFF Learn More The process aims at promoting social and economic equality in the modern Canada in addition to solving the social conflict of resources. The settlement often takes the form of cash compensation, return of ancestral lands or rights to self governments (Canadian Encyclopaedia 1). Historical basis of land claim in Canada Under the Royal Proclamation of 1763, an unspecified track of land currently referred to as Canada was allocated for use to the aboriginal people- Indians, Inuit and Metis. The proclamation forbade unauthorized purchase and possession of the same land by non native settlers and foreigners (Canadian Encyclopaedia 1). However, immigration by other people into the region led to establishment of treaties with some of the Indigenous people which legitimized settlement and ownership of the land by immigrants and colonizers. The countries gradual occupation by foreigners has continued for over four centuries making the indigenous occupants of the land to be the minority groups in the country. This has led to marginalization of the aboriginal people which has posed a threat to their culture as well as their existence. Possession of land by foreigners was facilitated by native people voluntarily giving up their rights of possession to immigrants, native’s loss of control of the reserve lands, and lack of request for allocation of the reserves by the natives (Canadian Encyclopaedia 1). The native people, most of who lead nomadic lifestyles have found themselves isolated to reserve regions with minimum access to resources that the foreigners enjoy. This has negatively impacted on the natives’ perception of themselves with the experience of being overrun by industrial growth, cities, and agriculture being substantially overwhelming. This has particularly impacted on those Mà ©tis, Indians, and Inuit who never signed the accords. Displaced and marginalized natives have increased their resistance against these forces which has led to the need for reforms in the country’s resource allocation strategies and the need to resolve the land claims. In response to the resulting marginalization, the native people sought to maintain their identity through aboriginal rights and native claims movements. These movements became prominent in the 60s due to various reasons. The movements were highly influenced by increasing world wide concerns regarding the rights of minority groups acr oss the world as well as environmental concerns (Canadian Encyclopaedia 1). Concerns also arose among the native people regarding the imposed education system which threatened to erode the native language and culture and served to alienate young native people. The system further influenced the perception of the natives on white man’s political and legal regime by justifying it. These concerns led to the native resistance movements in Canada.Advertising We will write a custom essay sample on Native Land Claim in Canada specifically for you for only $16.05 $11/page Learn More Proposed solutions As early as 1876, the Canadian federal government established the Indian Act which created the department for of native affairs whose main aim was to ensure that the obligations signed in the treaty were adhered to (Planeswalker 1). The formulation of the White paper in 1968 which was aimed at getting rid of the Indian Act and other land treaties was thus met wi th a lot of criticisms with the aboriginal people responding in 1970 through the Red Paper (Planeswalker 1). This conflict led to increased need for the government to respond to the needs of aboriginal people. Due to constant opposition by the aboriginal people to any government strategies aimed at promoting the rights and freedom of the settlers, a provision was created which entrenched treaty rights to in the Canadian Charter of Rights and freedoms (Planeswalker 1). Consequently, numerous land claims continue to be filed particularly in British Columbia as well as the North West Territories. Most recently, the country has taken positive steps towards greater native control of policies and resources evidenced by the establishment of Statement of Claims of Indian and Inuit people in 1973 and the office of the Native claims in 1974 where tribal claims are dealt with (Waldman 259). In the early 1970s, the Canadian federal government sought to elevate the social status of native Canadi ans through formulation of a new policy that aimed at settling the native land claims and promoting their livelihood (Canadian Encyclopaedia 1). This policy outlined the Canadian government’s commitment to the fulfilment of the terms of the treaties and to negotiate settlements with native groups. Implementation of the policy required a lot of cooperation between federal, provincial and territorial governments and the native leaders. In 1974, Canadian government established the office of Native Claims which under the leadership of deputy minister, lawyers and researchers dealt with both comprehensive and specific land claims brought forward by the natives (Waldman 259). Specific claims dealt with troubles and complications arising from the running of the Indian accord, Indian finances among others. The authorities sought to reach a settlement through active negotiation, administrative remedy, or court action which often led to land compensation.Advertising Looking for essay on anthropology? Let's see if we can help you! Get your first paper with 15% OFF Learn More On the other hand, comprehensive claims aimed at resolving the conflict emanating from the traditional use and occupancy of land by the three aboriginal groups’ members who failed to sign the treaties but had continued to occupy the land for years. These claims were compensated in monetary terms, return of land, provision of specific rights and some form of local government. These solutions promoted wealth redistribution and promotion of equality among the two social groups. Nature of conflict The conflict arising from native land claim is a representation of social conflict emanating from unequal distribution of resources. Land acquisition by foreigners provides an opportunity for foreigners to enrich themselves while denying the native people a chance to utilize land resources for the advancement of their own socio economic goals. This serves to heighten the social gap between the native and foreigners which often results in a feeling of oppression among the native people. As proposed by Karl Marx, the most dominant conflict in society results from unequal distribution of material resources with those in power using these resources to exploit the poor. The decentralized nature of the Canadian government further serves to complicate the conflict resolution process due to the presence of complex bureaucratic procedures in settlement processes. The negotiation process has been continuing for a period of over two decades with the system having to adjust to national and international changes in communications, economy, value systems and politics. The economically unstable and politically volatile environment serves to further intensify the tension between the natives and foreigners. The dynamic nature of society has considerably slowed down the land claim process and numerous unresolved land claims remain pending. Application of post colonial concepts Colonialism brought with it the marginalization of ethnic people which led to resistance against this domi nation through many forms of active and passive resistance (Young 4). Resistance movements led to the winning of independence from colonial rule and balance of power in most regions. Independence further led to shifts towards formal empires which in turn required additional labour which was fulfilled through immigration. Immigration led to a blurred division between West and the rest of the ethnic groups but the power within these regions remained fully oriented towards self governance. The experience of land dispossession and landlessness was facilitated by the settler colonialism and it is historically the most difficult form conflict to resolve in most regions (Young 49). The struggle for native title has been a major concern especially for native settlers in Canada which has resulted in vigorous movements and campaigns for basic land rights embodied in the original declaration. The fight for land repossession is therefore a post colonial struggle which deals with the aftermath o f one of the most controversial yet a key feature of colonial power. Varying techniques been used in attempt to resolve the ongoing conflict in the post colonial period some of which are outlined below. Post colonialism entails the notion that nationalities of the three non western continents are often in a situation for subordination to Europe and North America hence promoting economic inequality (Young 4). It consists of the reactions, extensive analysis and the cultural context of colonialism and incorporates theories borrowed from philosophy, political science, sociology, and religion among other areas of studies. The native people in Canada lost ownership of land due to their nomadic lifestyles which led to the declaration of that land as ‘empty’ by the Europeans. Scholars have argued that the idea of nomadism can be extended to include all forms of cultural and political activity that transgress the boundaries of contemporary social codes (Young 53). This can be e xplained by the fact that nomads move across territories consequently operating as lateral resistance across borders in an attempt to defy the hegemonic control. Hence, the indigenous settlers of Canada may use nomadism strategy to secure the native lands. Some scholars have suggested that the process of land confiscation and appropriation from those who formally owned it can only be achieved through the concepts of territorialization, deterritorialization or reterritorialization (Young 52). Deterritorialization may take the form of three distinct typologies which include negative deterritorialization; the element of deterritorialization is subjected to some form of retteritorialization which in turn obstructs the line of flight (Swearingen 161) In the second type, deterritorialization is positive but fails to connect with other lines of flight while the third type, deterritorialization is presented in its absolute form enhances its ability to connect with the lines of flight leadin g to creation of new territories (Swearingen 161). Reterritorialization refers to the violent approach of colonial and imperial propagation of economic, cultural, and social transformation. It refers to the varying forms of reconnection of a deterritorialized element in line with other assemblage. Resistance to deterritorialization through land claim movements would enhance the native land claim process (Young 52). In addition, the government may natives may engage in combinative negotiation with the state which involves repurchase of land which was appropriated to the white settlers during their settlement in respective colonies in the 19th century and which are currently being abandoned as virtually worthless due to reduced productivity. The land can then be apportioned back to the native settlers in a bid to settle the land claims. Conclusion The history of Canada has been characterized by numerous attempts by the native settlers to reclaim their land. According to the land claim s, the land which was originally possessed by the aboriginal people under the Royal proclamation was acquired by immigrants and colonialist consequently marginalizing and rendering the natives landless. The government have sought to settle these claims through treaties most of which have proven unsuccessful in the past, monetary compensation, return of land, provision of certain rights among other strategies. However, most of the native land claims remain unresolved with the negotiation process often resulting in futile outcomes. Failure to resolve the ongoing conflict has resulted to increased attention not only from national and international bodies, but also from scholars and researchers who suggest that the land claims can be resolved through application of post colonial concepts such as reterritorialization and deterritorialization, nomadism, and combinative negotiation. Deterritorialization refers to a process that alters a set of relations consequently resulting in higher lev els of actualization. In cultural context, the concept has been used to refer to removal of people from certain locations due to continuous weakening of their culture and status. Since deterritorialization is often followed by reterritorialization, it can be used to resolve the persistent land claims in Canada. Canadian encyclopaedia. â€Å"Land claims.† Historica Dominion, 2011. Web. Planeswalker, Mishra. The evolution of aboriginal land claims and treaties in Canada, Helium Inc, 2010. Web. Simons, Robert. Malmgren, Rachael Small Garrick. Indigenous peoples and real estate valuation, NY: Springer, 2008. Swearingen, James. Extreme beauty: aesthetics, politics, and death, NY: Continuum International Publishing group, 2002. Waldman, Carl. Atlas of North American Indian. New York: InfoBase Publishing, 2007. Young, Robert. Post colonialism: a very short introduction. New York: Oxford University Press, 2003.