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LAND 111 - Treaties and Aboriginal Rights
Course Details
Course Code:

LAND 111

Credits:
3

Precluded Courses:
FNST 102

Calendar Description:
This course will introduce students to First Nations’ perspectives on traditional land use and explore the protection of treaty and aboriginal rights in the face of escalating resource extraction activities. Students will review the history of treaty-making in Canada and look at the modern-day treaty-making process in British Columbia. Critical court decisions on First Nations rights, as well as current land-use conflicts and agreements involving competing interests in the land will be discussed. The course will focus on the cumulative impacts of the forestry, oil and gas industries on Treaty 8 First Nations’ ability to exercise their treaty and aboriginal rights within their traditional territories.

Date First Offered:
2010-01-01

Hours:
Total Hours: 45
Lecture Hours: 45


Total Weeks:
15

This course is offered online:
No

Pre-Requisites:
None

Non-Course Pre-Requisites:
None

Co-Requisites:
None

Rearticulation Submission:
No

Course Content:
Discuss History of Treaty-making in Canada
- Review Royal Proclamation (1763), BNA Act
- Review Pre-confederation Treaties
- Describe Numbered treaties
- Discuss Treaty No. 8
- Describe “Modern-day” treaties

Examine Local History
- Review First Nations’ oral history accounts
- Review Fur trade and settlement
- Examine overview of First Nations in the region

Examine Traditional Land Use and Cultural Issues
- Discuss People’s relation to the land, Animals, •Plants (food, medicine, forage)
- Examine views from Elders, Trappers and hunters

Analyze Legal Issues
- Discuss aspects of First Nations’ Laws
- Review Constitution Act, Indian Act, Fiduciary Obligation
- Analyze Selected Important Court decisions
- Analyze Local Decisions

Examine Contemporary Land Use Issues
- Discuss BC Treaty Commission process
- Examine Consultation protocols with First Nations to avoid infringements on Treaty and Aboriginal Rights:
-Land Resource Management Plan
-Forestry, Oil and gas
-Hunting and trapping
-Traditional use studies
-Memorandum of Understanding and other agreements


Learning Outcomes:
Upon successful completion of this course, the student will be able to:
- Describe the history of treaty making in Canada.
- Explain some of the provisions of Treaty No. 8
- Describe some of the traditional values and culture of local First Nations
- Describe some of the critical legal decisions regarding First Nations’ rights
- Describe some of the appropriate steps required to develop a mutually acceptable consultation protocol with a First Nation


Grading System:
Letters

Passing Grade:
D (50%)

Grading Weight:
Final Exam: 30 %
Quizzes and Tests: 30 %
Assignments: 20 %
Project: 20 %


Number of Assignments:
2

Writing Assignments:
The project consists of a 10 page essay examining the traditions of various local First Nation communities

Percentage of Individual Work:
70

Percentage of Group Work:
30

Course Offered in Other Programs:
Yes

Other Programs:
Land Agent

Text Books:

Required - Culhane, D., The Pleasure of the Crown: Anthropology, Law, and First Nations (Talon Books). Chapters Covered: All
Required - McKee, C., Treaty Talks in British Columbia: Negotiating a Mutually Beneficial Future (UBC Press). Chapters Covered: All
Optional - N/A, Significant Court Decisions regarding First Nations’ rights
Optional - N/A, Treaty No.8, Nisga’s Agreement
Optional - N/A, Weekly readings and excerpts to be on reserve in the library or supplied to students in a binder.
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