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For Future Generations: Reconciling Gitxsan and Canadian Law

Price: $ 32.00 Back

 

P. Dawn Mills
192 pages, 1 map, index, bibliography, Gitxsan Glossary, paper, 6 x 9, summer 2008
ISBN 978-1895830-347

“. . . For Future Generations exemplifies Dr. Mills’ ongoing commitment to reconciliation and her motivation to provide a model for collaborative land use planning and management between the Crown and Aboriginal people.”
-Don Ryan, Hanamuxw, from the foreword.

Relying extensively on the court transcripts from Delgam’Uukw v. British Columbia, her own research, and material provided by the Gitxsan Hereditary Chiefs’ office, Dawn Mills paints a compelling picture of the Gitxsan relationship to the land and their community, and their court battle all the way to Canada’s Supreme Court to prove their Aboriginal right to land and self-government. Contrary to the position taken by many legal scholars, Mills argues that the trial judgment in the Delgam’Uukw decision opened up new opportunities for First Nations people to present evidence based on oral traditions that had not been previously accepted by the courts. 

While the book focuses on the judgments rendered in the Gitxsan’s struggle in the courts and an analysis of the judgments and strategies utilized, it is more than a law book. Written to appeal to a wide audience, Dawn Mills passionately shows how reconciliation can be achieved between Canada’s First Nations and the various levels of government. The lessons to be learned from this book can be applied equally to all Indigenous communities in Canada and elsewhere.

P. Dawn Mills Biography
Dr. Mills received her PhD in Native Law, History and Anthropology through the Individual Interdisciplinary Graduate Programme at the University of British Columbia, Faculty of Law. Her research includes the intersection of First Nations and Canadian state property rights, especially in the area of mineral, oil and gas development. She has worked for a number of First Nations communities advising on the impact of potential resource development, including the Gitxsan. She holds an Adjunct position at the Norman B. Keevil Institute of Mining Engineering at the University of British Columbia, Vancouver, Canada.Table of Contents

Table of Contents
FOREWORD
INTRODUCTION
GITXSAN GLOSSARY

1/ BE GENTLE ON THE NEWCOMERS

2/ SINCE THE COMING OF THE LIXS GIIGYET

The Arrival of the Lixs giigyet: The Regional Economy 1795 - 1910
Tensions between the Lixs giigyet and the Gitxsan: 1871 - 1884
A Conflict of Laws
The Land Question
BC Colonial/Provincial Indian Land Policy: 1850 - 1875
The Establishment of the Reserve Commission in 1875
Early Land Claims: 1884 - 1888
Reserve Allocations: 1891 - 1898
The Stewart-Vowell Commission
The McKenna-McBride Commission: 1912 - 1916

3/ THE TRIALS OF THE GITXSAN
Delgam’Uukw v. Attorney General of British Columbia
After 1927: Background to the 1987 Trial
The Calder Case
Canada’s Position
British Columbia’s Position
The Gitxsan Position
Delgam’Uukw v. the Attorney General of British Columbia, 1991
The British Columbia Court of Appeal Decision, 1993
The Majority Decision
The Minority Decision
The Negotiation Interlude
Delgam’Uukw v. British Columbia, 1997

4/ GITXSAN PROPERTY, OWNERSHIP, AND GOVERNANCE
Wilp Property and Ownership
Adawaaks
Ayuks
Wams
Lax’wiiyip

Trespass
Anjok
Amnigwootxw
Xkyeehl

The Right to Alienate the Lax’wiiyip
The Sigidim haanak’a and Governance Principles
Succession
Dispute Resolution
Management Responsibilities
The Fishery
Hunting
Trap Lines
Ecological Concerns
Li’ligit

5/ GITXSAN RECONCILIATION
Past Usage of the Crown
Gitxsan Acts of Reconciliation
The Gitxsan Treaty Model
Fish, Wildlife and Fur
Forestry
Mining, Oil, and Gas
Governance
Conclusion

NOTES
BIBLIOGRAPHY
INDEX


Price: $ 32.00 Back

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