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Monday, September 18, 2017

Travel grant for research on environmental groups at Laurier archives

via H-Canada:

Applications are currently being accepted for the Joan Mitchell Travel Grant at the Laurier Archives, Wilfrid Laurier University in Waterloo, Ontario.  The travel grant will support a graduate student or established scholar who wishes to travel to the Laurier Archives to conduct research.  For more information on the grant, please visit: https://library.wlu.ca/research-materials/archives#tab-travel-award.  The application deadline is: December 2, 2016.
The Laurier Archives collects in three main areas: The history of the Lutheran Church in Canada; the environmental conservation movement in Canada; and Canadian music....

In our environment conservation collection, records of the Canadian Arctic Resources Committee document many of the major environmental issues facing Canada's north.  It contains series documenting pipelines, (including the McKenzie Valley Pipeline; the Alaska Highway Pipeline; the Foothills Pipeline); hydro-electric projects in the Hudson Bay area; interviews with Indigenous leaders about the effects of large scale dams; marine conservation, national parks; Northern communities and Indigenous peoples.  The Ken Hewitt fonds document hydrological research in the Himalayas.  Also check out the records of the Canadian Water Resources Association; the Canadian Environmental Law Association; the Canadian Biosphere Reserve Association; and geographer George Francis.

For more information, please contact the Laurier Archives.

Friday, September 8, 2017

Harris, "Property and Sovereignty: An Indian Reserve and a Canadian City"

Doug Harris has posted "Property and Sovereignty: An Indian Reserve and a Canadian City" on SSRN. The article will appear in volume 50 issue 2 of the  UBC Law Review

Here's the abstract.

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada, Indigenous peoples have struggled to have their interests recognized as property rights, let alone as sovereign power. As John Borrows makes clear, Canadian courts have established Canada’s sovereignty as the jurisdictional bedrock on which Indigenous peoples must establish their property rights. This article uses the uses the concepts of property and sovereignty as revealed by Cohen and as interpreted by Singer and Borrows in the context of the rights of Indigenous peoples to recount the history of the appearance, disappearance, and reappearance of an Indian reserve in the City of Vancouver. Allotted by the colony of British Columbia in the 1860s and expanded in 1876 after British Columbia joined the Canadian confederation, the Kitsilano Indian Reserve is one of more than 1500 Indian reserves scattered across the province. Using archival material, much of it introduced in litigation, the article examines the changing character of the Indian reserve in the nineteenth and twentieth centuries as a property interest and as a limited delegation of sovereignty, in a context where the distribution of sovereignty between Indigenous peoples and the Canadian state remains unresolved.