The Canadian Nisga'a Settlement

Paper Summary:

This paper argues that the Nisga'a settlement between the Nisga'a tribe of British Columbia and Canadian federal and provincial government representatives was unjust. The author comes to this conclusion based on the way in which settlement dismissed competing land claims, the latent and unresolved tensions it exacerbated among different native tribes and the privileges it codified, which are likely to drive an even wider wedge between non-native Canadians and members of the Nisga'a tribe. The paper concludes that the Nisga'a final agreement (NFA) set out privileges for some while essentially rebuking others.

From the Paper:

"Most of all, Hogan's analysis falls short because, while his erudition in the realm of international law is impressive, he is far too cursory in his discussion of the understandable grievances harbored by the Gitksan and Gitanyow indigenous communities located in close proximity to the Nisga'a tribe. Specifically, the Gitksan and Gitanyow tribes assert that much of the land the Nisga'a sought (and received) from government officials was/is "traditional" land belonging to them. Hogan acknowledges this controversy on page 304 of his essay but pays it scant attention."

Sample of Sources Used:

• Benyon, Andrew. "The Nisga'a Land Question." International Journal on Minority and Group Rights, 11 (2004): 259-278.
• Gordon, Katherine. "What the heck do aboriginals want?" BC Business, 32.11 (2004): 60-62.
• Hogan, Miles. "The Nisga'a Final Agreement and International Norms." International Journal on Minority and Group Rights, 11 (2004): 299-325.
• "Land Claims in Canada." Christian Century, 108.16 (1991, May 8): 513-514.
• Malloy, Jonathan. "Double Identities: Aboriginal Policy Agencies in Ontario and British Columbia." Canadian Journal of Political Science, 34.1 (2001): 131-155.

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