FNST 102 - Treaties and Aboriginal Rights

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





Non-Course Prerequisites: 






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 are subject to change. Please contact the bookstore at your local campus for current book lists.