WET 219 - Applied Water Law

Whose Land Is It Anyway? A Manual for Decolonization; inspired by a 2016 speaking tour by Arthur Manuel, less than a year before his untimely passing in January 2017. The book contains two essays from Manuel, described as the Nelson Mandela of Canada, and essays from renowned Indigenous writers Taiaiake Alfred, Glen Coulthard, Russell Diabo, Beverly Jacobs, Melina Laboucan-Massimo, Kanahus Manuel, Jeffrey McNeil-Seymour, Pamela Palmater, Shiri Pasternak, Nicole Schabus, Senator Murray Sinclair, and Sharon Venne. FPSE is honoured to support this publication.

What, other than numbers and power, justifies Canada's assertion of sovereignty and jurisdiction over the country's vast territory? Why should Canada's original inhabitants have to ask for rights to what was their land when non-Aboriginal people first arrived? The question lurks behind every court judgment on Indigenous rights, every demand that treaty obligations be fulfilled, and every land-claims negotiation.Addressing these questions has occupied anthropologist Michael Asch for nearly thirty years. In On Being Here to Stay, Asch retells the story of Canada with a focus on the relationship between First Nations and settlers.Asch proposes a way forward based on respecting the “spirit and intent” of treaties negotiated at the time of Confederation, through which, he argues, First Nations and settlers can establish an ethical way for both communities to be here to stay.

Blockades have become a common response to Canada's failure to address and resolve the legitimate claims of First Nations. Blockades or Breakthroughs? debates the importance and effectiveness of blockades and occupations as political and diplomatic tools for Aboriginal people. The adoption of direct action tactics like blockades and occupations is predicated on the idea that something drastic is needed for Aboriginal groups to break an unfavourable status quo, overcome structural barriers, and achieve their goals. But are blockades actually'breakthroughs'? What are the objectives of Aboriginal people and communities who adopt this approach? How can the success of these methods be measured? This collection offers an in-depth survey of occupations, blockades, and their legacies, from 1968 to the present. Individual case studies situate specific blockades and conflicts in historical context, examine each group's reasons for occupation, and analyze the media labels and frames applied to both Aboriginal and state responses. Direct action tactics remain a powerful political tool for First Nations in Canada. The authors of Blockades or Breakthroughs? Argue that blockades and occupations are instrumental, symbolic, and complex events that demand equally multifaceted responses. Contributors include Yale D. Belanger, Tom Flanagan, Sarah King, P. Whitney Lackenbauer, David Rossiter, John Sandlos, Nick Shrubsole, and Timothy Winegard.

Far from being a measure of progress or humanitarian aid, Indian welfare policy in Canada was used deliberately to oppress and marginalize First Nations peoples and to foster their assimilation into the dominant society.'Enough to Keep Them Alive'explores the history of the development and administration of social assistance policies on Indian reserves in Canada from confederation to the modern period, demonstrating a continuity of policy with roots in the pre-confederation practices of fur trading companies.Extensive archival evidence from the Indian Affairs record group at the National Archives of Canada is supplemented for the post-World War Two era by interviews with some of the key federal players. More than just an historical narrative, the book presents a critical analysis with a clear theoretical focus drawing on colonial and post-colonial theory, social theory, and critiques of liberalism and liberal democracy.

Talking Back to the Indian Act is a comprehensive 'how-to'guide for engaging with primary source documents. The intent of the book is to encourage readers to develop the skills necessary to converse with primary sources in more refined and profound ways. As a piece of legislation that is central to Canada's relationship with Indigenous peoples and communities, and one that has undergone many amendments, the Indian Act is uniquely positioned to act as a vehicle for this kind of focused reading. Through an analysis of thirty-five sources pertaining to the Indian Act—addressing governance, gender, enfranchisement, and land—the authors provide readers with a much better understanding of this pivotal piece of legislation, as well as insight into the dynamics involved in its creation and maintenance.

The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.