Settler colonialism

Settler colonialism

« A structure, not an event »

@@Wolfe: a logic of elimination and replacemen@@t.

Not seeing and getting rid of what is already there.

@@Not a single act of violence/conquest@@ → understood N world as a @@legal void@@ so had to « civilize » their system.

Settlement imperative:

==new settlement, territorial consolidation== (for settler first and then also for state), ==elimination of indigenous cultures/spaces/legal systems/sovereignty.==

Mantra; Go away, power dynamic bc imposed by State

Sovereignty

$Political assertion + law making authority$ (may not be the sole authority but is the supreme one)

Rule of law issues: Whose law applies ?

In Canadian law, do IDG ppl have distinctive rights? If so, what is the source (from the treaties, IDG legal systems or from the parliament)? Aka *discussions, recognition or grants*

Position of the Haudenosaunee

%%Retain their sovereignty over themselves and their lands%%→recognizes colonizers’ presence

Two row wampum belt (Kaswentha): principle of %%mutual non-interference, no shared citizenship, conflicts of laws to be addressed as between 2 nations%% (international) and %%treaties as international agreemen%%t (not just a contract)

Position of Canada : equal citizenship

^^Legal (not cultural) assimilation, equal as same^^.

Liberal view of individual rights, walk away from special rights policy

P.E. Trudeau’s ^^White Paper^^ (69)→ get rid of special legislation, treaties, legally treat IDG ppl as Canadians

IDG political and legal mobilization (69-82)

Demand to change CAN constitution: deal with both our treaties and unceded rights)

Jan 73: SCC Calder decision : case brought by the Nisga’a tribal council, doctrine of native title

77: JBNQA→ first modern treaty

80-82: Constitutional politics → push to entrench rights in the patriated constitution of CAN.

__**Part 2 of 82’s constitution**__ = Aboriginal & treaty rights are constrained by, and junior to, Canadian sovereignty

→ **amendable, Canadian law is still supreme**