Political Science 406
University of British Columbia
COURSE OUTLINE: ABORIGINAL POLICY IN CANADA
Instructor: Doug McArthur
This course will be offered as a seminar, in which self-study, research and class presentations will play an important role.
Part A of the course will be presented through in-class review and discussion of assigned readings. Part B of the course will be completed through term papers and class presentations of topics related to these papers.
Grades will be determined as follows:
Final Exam: 40%
Class Presentation: 10%
Term Paper: 40% - 50% (student option, depending on % chosen for class participation).
Class Participation: 0-10%
The final exam will be one assigned essay question, and will test the degree to which the student can identify and analyze a basic and fundamental dimension of aboriginal policy in Canada. Class presentations on topics related to the term paper
s will be required, according to a schedule to be determined in early October.
The term paper will be based on one of the topics contained in this outline under "Topic Areas for Term Paper". Students are asked to submit from the list the three topics from which they would prefer to submit papers, in order of priori
ty, by September 30,1999. A final assignment of topics will be made soon thereafter. Two students may be assigned the same topic. In that case, the students may submit a joint paper, in which case a common grade will be given. A joint paper will be ex
pected to be longer and reflect more intensive research and analysis. Individually produced papers should be about 10 pages, double spaced. . Final copies of papers will be handed in by November 30, 1999.
Students will be required to indicate by September 23 the part of the final mark they wish to be based on class participation. Class participation will be graded according to demonstrated familiarity with readings, and ability and willingness to offer
cogent and informed questions and comments during class discussions.
Part A: The Policy Framework and Policy Directions
I: Aboriginal Peoples of Canada
- Canada. 1991 Census Highlights on Registered Indians: Annotated
Tables. Ottawa: Department of Indian Affairs and Northern
Development, 1995. Web Site: www.inac.gc.ca/stats/
- Canada. Basic Departmental Data 1997 Ottawa: Department of Indian Affairs and Northern Development, 1998. pp. 1-13. Web Site: www.inac.gc.ca/stats/
II: The Indian Act, the Constitution and Federal and Provincial
Legislative Authority
- Canada 1996 Royal Commission on Aboriginal Peoples Report Volume I Canada Communication Group Chapter 9 Web Site www.inac.gc.ca/rcap/
- Isaac, Tom. "Federal Provincial Territorial Legislative Authority" in Aboriginal Law, Saskatoon: Purich Publishing, 1999, pp. 216-222.
- Moss, Wendy and Elaine Gardner O’Toole, "Aboriginal People: History of Discriminatory Laws", Parliamentary Research Branch, Depository Services Program, Government of Canada, 1991. www.dsp-psd.pwgsc.ca/psd.dsp/Pilot/LoPDdp/Hp175-e.htm
IV: Understanding and Interpreting Canada’s Policy: An Historical Overview
- Royal Commission, op. cit. Volume I, Chapters 4,5,6,7.
- Tobias, "Protection, Civilization, Assimilation: An Outline History of Canada’s Indian Policy" in Getty, Ian A.L. and Antoine S. Lussier. As Long as the Sun Shines and the Water Flows. Vancouver: University of British Columbia Press
, 1983.
- Dyck, Noel. What is the Indian Problem? St. John’s: Institute of Social and Economic Research, 1991. Chapter 6.
- Weaver, Sally. Making Canadian Indian Policy. Toronto: University of Toronto Press, 1981, "Introduction" and Chapter 8.
V: The Land Question in British Columbia
- Tennant, Paul. Aboriginal Peoples and Politics: The Indian Land Question in British Columbia, 1849-1989. Vancouver, University of British Columbia Press, 1990. Chapters 5,6,7.
- Nisga’a Nation. Petition to His Majesty’s Privy Council. London: The 1913 Nisga’a Land Committee, 1913. www.schoolnet.ca/aboriginal/nisga1/claims
- British Columbia. Papers Connected with the Indian Land Question. Victoria: Government Printing Office, 1875, pp. 12-14, p.19, pp. 151-155, and "Report of the Government of British Columbia on the Subject of Indian Reserves",
appended.
VI: Aboriginal Rights and Aboriginal Title
- McNeil, Kent "The Meaning of Aboriginal Title" in Michael Ash (ed.) Aboriginal and Treaty Rights in Canada. Vancouver: University of British Columbia Press 1997.
- Isaac, Tom Aboriginal Law, 2nd edition. Saskatoon: Purich Publishing, 1999. "Introduction" pp. 1-14, "Royal Proclamation", pp. 14-16, "Aboriginal Rights and the Constitution Act 1982", pp. 39
2-403.
- Hogg, Peter and Mary Ellen Turpel, "Implementing Aboriginal Self Government: Constitutional and Jurisdictional Issues", Ottawa: Royal Commission on Aboriginal Peoples, RCAP Notes, pp.1-4.
- Macklem, Patrick, "Aboriginal Rights and the Constitution", Ottawa: Royal Commission on Aboriginal Peoples, Research Report.
VII: Treaties and Treaty Making
- Royal Commission, Volume 2, Chapter 2
- McKee, Robert. Treaty Talks in British Columbia. Vancouver: UBC Press, 1996. Chapter 2.
- Issac, Chapter 2, "Treaty Rights" pp. 114-134
- Canada. British Columbia. Nisga’a Nation. Nisga’a Final Agreement. Victoria: Ministry of Aboriginal Affairs 1998.
- Nisga’a Nation. Understanding the Nisga’a Treaty. New Aiyansh: Nisga’a Tribal Council September 1998 Web Site: www.ntc.bc.ca
- Foster, Hamar. "Honouring the Queen: A Legal and Historical Perspective on the Nisga’a Treaty", B.C. Studies, Number 120, Winter 1998/99, pp. 11-36.
- Gibson, Gordon. "Comments on the Draft Nisga’a Treaty", B.C. Studies, op. cit, pp.55-72.
VIII: Aboriginal Policy: The Continuing Dialogue
- Royal Commission, Volume 4, Chapter 2; Volume 5, Chapters 1,3.
- Smith, Melvin H. Our Home or Native Land? Victoria: Crown Western, 1995, Chapters 11 and 12.
- Stewart, the Honourable Jane. Speech re Gathering Strength, Ottawa, January 7, 1998. www.inac.gc.ca/info/speeches/jan98
- Canada. Gathering Strength-Canada’s Aboriginal Action Plan. Ottawa: Department of Indian and Northern Development, 1997. www.inac.gc.ca/strength/change
- Fontaine, Phil. Speech re A New Relationship, Montreal: Concordia University, October 27, 1998. www.afn.ca/eng-main.htm
- Erasmus, George. "Twenty Years of Disappointed Hopes" in Richardson, Boyce. Drum Beat Anger and Renewal in Indian Country. Toronto: Summerhill Press, 1989.
B. Topic Areas for Term Paper
IX: Aboriginal Education
X: Aboriginal Health
XI: Aboriginal Justice
XII: Taxation
XIII: Economic Development and Employment
XIV: Fisheries
XV: Housing
XVI: Child Protection, Social Assistance and Social Services
XVII: Self Government
XVIII: Nunavut
IX: The Role of the Department of Indian Affairs
X: The Role of the Provinces
Doug McArthur
Office: Buchanan C479
Telephone: 822-0861 or 822-