Tsilhqot'in Nation v British Columbia: Aboriginal Title, Indigenous Resurgence, and the Politics of Recognition

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Creator: 

Garcia, Louis Alfredo

Date: 

2015

Abstract: 

This thesis situates Tsilhqot’in Nation v British Columbia, 2014 within the discourse of the politics of recognition and argues that Tsilqhot’in is a limited victory. Tsilhqot'in altered the test for Aboriginal title to include semi-nomadic Indigenous lifestyles; in doing so, it provides leverage to Indigenous groups that could have never acquired Aboriginal title with the common law’s previous intensive use of land criteria. However, Tsilhqot’in does not completely alter the structures of settler-colonialism’s law by dismantling its hierarchical and assimilative nature. The Supreme Court established a test to infringe Aboriginal title and reaffirmed the Crown’s unjustified sovereignty over Indigenous peoples. Perhaps the courtroom is not the space for finding justice. This thesis attempts to re-conceptualize the ideas about Indigenous resurgence, law and recognition through the use of critical discourse and Indigenous politics.

Subject: 

Law.
Indigenous peoples - British Columbia

Language: 

English

Publisher: 

Carleton University

Thesis Degree Name: 

Master of Arts: 
M.A.

Thesis Degree Level: 

Master's

Thesis Degree Discipline: 

Legal Studies

Parent Collection: 

Theses and Dissertations

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