Understanding the Colonial Relation of Dispossession

How does the imposition of Canadian mineral title law normalize colonial dispossessions? What is settler colonialism and how does it relate to the dispossession of Indigenous peoples? How did the historic containment of Indigenous territorialities rationalize colonial dispossessions and the establishment of colonial legal orders in British Columbia?

How does the imposition of Canadian mineral title law normalize colonial dispossessions?

“the utility in drawing on settler colonialism is to illustrate that mineral tenure regimes are not innocent or neutral but premised on an erasure of Indigenous claims to land” (122)

“free-entry is the right to explore for minerals. Entry to lands is “free” in that individuals or companies in the much of Canada can stake a mineral claim without initially consulting anyone.” (127)

“the property laws under which mining continues to function are rooted in settler colonial power, where Indigenous claims to property are situated outside claims to mineral rights.” (131)

What is settler colonialism and how does it relate to the dispossession of Indigenous peoples?

“settler colonialism has both negative and positive dimensions. Negatively, it strives for the dissolution of native societies. Positively, it erects a new colonial society on the expropriated land base—as I put it, settler colonizers come to stay: invasion is a structure not an event.” (p. 388)

“to get in the way of settler colonization, all the native has to do is stay at home. … Territoriality is settler colonialism’s specific, irreducible element. Settler colonialism destroys to replace” (p. 388)

How did the historic containment of Indigenous territorialities rationalize colonial dispossessions and the establishment of colonial legal orders in British Columbia?

Negotiations with Aboriginal People Peace and Friendship Treaties (NB and NS) Douglas Treaties Canadian Confederation Numbered Treaties Indian Act Modern-day Treaties Upper Canada Treaties Royal Proclamation 1982 Constitutional Act 22

Instead of negotiating title through treaties, the colonial authorities in British Columbia simply assumed sovereignty following the 1846 signing of the Oregon Treaty. This agreement set the boundary between American and British domains at the 49th parallel. None of these events had the consent of Aboriginal peoples in British Columbia.

Read the first section of the article: “There Is No Honour in the Crown: One First Nation Takes On the Ontario Mining Act” ere-is-no-honour-in-the-crown

How does the law prioritize mineral rights over Aboriginal rights? How can we understand the displacement of the people of Kitchenuhmaykoosib Inninuwug as reflective of a colonial relation of dispossession? What are the effects of the displacement of Aboriginal systems of landholding on the ability of the people of Kitchenuhmaykoosib Inninuwug to practice their lifeways?