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.
Credits: 3
Hours: 45 (Lecture Hours: 3)
Total Weeks: 15
Prerequisites:
None
Non-Course Prerequisites:
None
Co-requisites:
None
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:
- 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%)
Percentage of Individual Work: 70
Percentage of Group Work: 30
Textbooks:
Textbooks are subject to change. Please contact the bookstore at your local campus for current book lists.