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Author: Douglas Colebrook Harris
Publisher: University of Toronto Press
ISBN: 9780802084538
Category : Law
Languages : en
Pages : 324
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Book Description
An engrossing history, Fish, Law, and Colonialism recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law. Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines the contested nature of the colonial encounter on the scale of a river. In doing so, Harris reveals the many divisions both within and between government departments, local settler societies, and Aboriginal communities. Drawing on government records, statute books, case reports, newspapers, missionary papers and a secondary anthropological literature to explore the roots of the continuing conflict over the salmon fishery, Harris has produced a superb, and timely, legal and historical study of law as contested terrain in the legal capture of Aboriginal salmon fisheries in British Columbia.
Author: Douglas Colebrook Harris
Publisher: University of Toronto Press
ISBN: 9780802084538
Category : Law
Languages : en
Pages : 324
Get Book Here
Book Description
An engrossing history, Fish, Law, and Colonialism recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law. Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines the contested nature of the colonial encounter on the scale of a river. In doing so, Harris reveals the many divisions both within and between government departments, local settler societies, and Aboriginal communities. Drawing on government records, statute books, case reports, newspapers, missionary papers and a secondary anthropological literature to explore the roots of the continuing conflict over the salmon fishery, Harris has produced a superb, and timely, legal and historical study of law as contested terrain in the legal capture of Aboriginal salmon fisheries in British Columbia.
Author: Douglas C. Harris
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This is a study of the human conflict over fish in late nineteenth and early twentieth century British Columbia, and of how that conflict was shaped by law. Law, understood broadly to include both the legal forms of the Canadian state and those of Native peoples, defined and in part created both Native and state fisheries. When those fisheries clashed, one finds conflict between legal systems. When one fishery sought to replace the other, its laws had to replace the other. Thus, this is a study of law and colonialism, seen through a close analysis of the conflict over fish. Native fisheries and the web of regulation surrounding them preceded non-Native interest in British Columbia's fish. The fishery was not an open-access resource, but rather a commons, defined by entitlements, prohibitions and sanctions that allowed certain activity, proscribed others, permitted one group to catch fish at certain times in particular locations with particular technology, and prohibited others. The Canadian state denied the legitimacy and even the existence of Native fisheries law in imposing its law on the fishery. This study, based largely on government records and a secondary anthropological literature, describes the legal apparatus constructed by the Canadian state to reduce Native control of the fisheries in British Columbia through the creation, in law, of the "Indian food fishery". Law became a means of constructing a particular economic and social order that marginalized Native participation in the fishery and eliminated Native control. It was a "rhetoric of legitimation" that supported state domination, but also local resistance. Native peoples and their supporters used law, both Native and state law, to defend their fisheries. The history of the conflict over fish is the history of competing legal cultures, and the struggle on the Cowichan River and the Babine River over fish weirs reveals those cultures, constructed in opposition to each other. The study concludes by integrating the local conflicts over fish into a wider literature on law and colonialism, reflecting on the role of law in particular colonial settings.
Author: Douglas Colebrook Harris
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 328
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Book Description
An engrossing history, Fish, Law, and Colonialism recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law. Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines the contested nature of the colonial encounter on the scale of a river. In doing so, Harris reveals the many divisions both within and between government departments, local settler societies, and Aboriginal communities. Drawing on government records, statute books, case reports, newspapers, missionary papers and a secondary anthropological literature to explore the roots of the continuing conflict over the salmon fishery, Harris has produced a superb, and timely, legal and historical study of law as contested terrain in the legal capture of Aboriginal salmon fisheries in British Columbia.
Author: Richard Flanagan
Publisher: Grove/Atlantic, Inc.
ISBN: 0802191991
Category : Fiction
Languages : en
Pages : 424
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Book Description
Winner of the Commonwealth Prize New York Times Book Review—Notable Fiction 2002 Entertainment Weekly—Best Fiction of 2002 Los Angeles Times Book Review—Best of the Best 2002 Washington Post Book World—Raves 2002 Chicago Tribune—Favorite Books of 2002 Christian Science Monitor—Best Books 2002 Publishers Weekly—Best Books of 2002 The Cleveland Plain Dealer—Year’s Best Books Minneapolis Star Tribune—Standout Books of 2002 Once upon a time, when the earth was still young, before the fish in the sea and all the living things on land began to be destroyed, a man named William Buelow Gould was sentenced to life imprisonment at the most feared penal colony in the British Empire, and there ordered to paint a book of fish. He fell in love with the black mistress of the warder and discovered too late that to love is not safe; he attempted to keep a record of the strange reality he saw in prison, only to realize that history is not written by those who are ruled. Acclaimed as a masterpiece around the world, Gould’s Book of Fish is at once a marvelously imagined epic of nineteenth-century Australia and a contemporary fable, a tale of horror, and a celebration of love, all transformed by a convict painter into pictures of fish.
Author: Douglas C. Harris
Publisher: UBC Press
ISBN: 0774858370
Category : Law
Languages : en
Pages : 286
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Book Description
Landing Native Fisheries reveals the contradictions and consequences of an Indian land policy premised on access to fish, on one hand, and a program of fisheries management intended to open the resource to newcomers, on the other. Beginning with the first treaties signed on Vancouver Island between 1850 and 1854, Douglas Harris maps the connections between the colonial land policy and the law governing the fisheries. In so doing, Harris rewrites the history of colonial dispossession in British Columbia, offering a new and nuanced examination of the role of law in the consolidation of power within the colonial state.
Author: Hoi L. Kong
Publisher: Cambridge University Press
ISBN: 1107097223
Category : Business & Economics
Languages : en
Pages : 431
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Book Description
This book assesses the current state of environmental protection under the North American Free Trade Agreement (NAFTA). Authors from all three member nations - Canada, Mexico, and the United States - analyze the agreements' impact on such issues as bioengineered crops, water policy, climate change, and indigenous rights.
Author: Jim Phillips
Publisher: University of Toronto Press
ISBN: 1487545681
Category : Law
Languages : en
Pages : 604
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Book Description
This is the second of three volumes in an important collection that recounts the sweeping history of law in Canada. The period covered in this volume witnessed both continuity and change in the relationships among law, society, Indigenous peoples, and white settlers. The authors explore how law was as important to the building of a new urban industrial nation as it had been to the establishment of colonies of agricultural settlement and resource exploitation. The book addresses the most important developments in the seventeenth, eighteenth, and nineteenth centuries, including legal pluralism and the co-existence of European and Indigenous law. It pays particular attention to the Métis and the Red River Resistance, the Indian Act, and the origins and expansion of residential schools in Canada. The book is divided into four parts: the law and legal institutions; Indigenous peoples and Dominion law; capital, labour, and criminal justice; and those less favoured by the law. A History of Law in Canada examines law as a dynamic process, shaped by and affecting other histories over the long term.
Author: Tyler McCreary
Publisher: University of Alberta
ISBN: 1772127043
Category : Law
Languages : en
Pages : 377
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Book Description
Indigenous Legalities, Pipeline Viscosities examines the relationship between the Wet’suwet’en and hydrocarbon pipeline development, showing how colonial governments and corporations seek to control Indigenous claims and how the Wet'suwet'en resist. Tyler McCreary explores pipeline regulatory review processes, reviews attempts to reconcile Indigeneity with development, and asks fundamental questions about territory and jurisdiction. In the process, he offers historical context for the continuing influences of colonialism on Indigenous peoples. Throughout, McCreary demonstrates how the cyclical movements between resistance and reconciliation are affected by the unequal relations between Indigenous peoples, colonial governments, and development operations. This sophisticated analysis invites readers to consider the complex realities of Indigenous and Wet’suwet’en law, as well as the politics of pipeline development.
Author: Grace Li Xiu Woo
Publisher: UBC Press
ISBN: 0774818905
Category : Social Science
Languages : en
Pages : 361
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Book Description
Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.
Author: Martha Elizabeth Walls
Publisher: UBC Press
ISBN: 0774817917
Category : Social Science
Languages : en
Pages : 217
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Book Description
In 1899 the Canadian government passed legislation to replace the community appointment of Mi'kmaw leaders and Mi'kmaw political practices with the triennial system, a Euro-Canadian system of democratic band council elections. Officials in Ottawa assumed the federally mandated and supervised system would redefine Mi'kmaw politics. They were wrong. Many Mi'kmaw communities rejected or amended the legislation, while others accepted it only sporadically to meet specific community needs and goals. Compelling and timely, this book supports Aboriginal claims to self-governance and complicates understandings of state power by showing that the Mi'kmaw, rather than succumbing to imposed political models, retained political practices that distinguished them from their Euro-Canadian neighbours.
