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Postcolonial Sovereignty? The Nisga'a Final Agreement

Price: $ 31.00 Back

Tracie Lea Scott

$31.00, 184 pages, 1 map, index, selected bibliogrpahy, paper, 6 x 9, winter 2012
ISBN 978-1895830-613

My interest in the Nisga’a Final Agreement arose from the trenchant criticisms of the agreement by both Aboriginal rights proponents and conservative factions in the Canadian community. Why did this agreement incite such polarized opposition? I undertook a detailed examination of the agreement and its effect on the Nisga’a Nation. Through community research and discussions with the federal negotiators it became clear that the agreement represented a radical hybridization of western political and legal systems. Obviously, liberal theory did not account for this revision of First Nation and Canadian sovereignty. As such I explored postcolonial theory as an avenue to explain how the treaty was operating and the effects it was having on the Nisga’a Nation and the Canadian political community.”
                   – Tracie Lea Scott

In 1999 the Nisga’a First Nation in Northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. This book analyzes the impact the agreement has on federal/provincial/First Nations relations, but also in a concise manner examines the major terms of the agreement. The author summarizes the settlement and, more importantly, the powers over land, resources, education, and cultural policy granted to the Nisga’a government. She notes that the agreement marks a major departure from previous land claims agreements and outlines the opposition, including two court challenges, mounted against the agreement. 

Tracie Lea Scott Biography
Tracie Lea Scott grew up in Hythe, a small town in Northern Alberta. After graduating high school she completed her Bachelors degree in English and History at the University of Alberta. Tracie completed her LLB in 2002. After receiving a scholarship, she continued on to the LLM program where, under the supervision of Bruce Ziff, she wrote a dissertation entitled “The Indian, the Law and the Land: An Analysis of the Chippewas of Sarnia Case Using P. W. Kahn’s Cultural Approach to the Rule of Law,” examining the legal anxiety around Aboriginal land claims in the Chippewas of Sarnia case. After successfully defending, she accepted an Overseas Research Scholarship to do her PhD at Birkbeck College, University of London.
     While studying for her PhD, she was a member of the British Association for Canadian Studies, acting as graduate student representative for several years. She also worked as a policy official for the Ministry of Justice in 2008–09, where she supported the Perpetuities and Accumulations Bill through Parliament. The author successfully defended her dissertation entitled, “The Meaning of Sovereignty in a Multinational State: The Implications of a Postcolonial Legal Analysis of the Nisga’a Final Agreement.” After completing her PhD, she returned to Edmonton to article with the Department of Justice, Canada. The author is now continuing her research into cross-cultural legal studies in the United Arab Emirates.

Table of Contents

How far have we come?
How far we have to go

1 / Postcolonial Sovereignty?
A Very Canadian Liberalism
Postcolonial sovereignty?

2 / Land
Land and Sovereignty in the Nass: the Historical Context
Land Provisions in the NFA

3 / Rights
Forest Resources
Wildlife and Migratory Birds
Mines and Minerals

4 / Power
The Nisga’a Nation, Sovereignty, Self-Determination,
and Self-Government
Nisga’a Lisims Government: Structure and Constitution
Social Jurisdiction of the NLG

5 / The Courts
The Campbell Case
The Chief Mountain Case

6 / Conclusion: Postcolonial Sovereignty?
The Limits of Liberalism?
Postcolonial Sovereignty?


Price: $ 31.00 Back

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