Terms of Our Surrender : : Colonialism, Dispossession and the Resistance of the Innu / / Elizabeth Cassell.

• VerfasserIn: Cassell, Elizabeth,
• Place / Publishing House: London : : Institute of Commonwealth Studies,, 2021.
• Year of Publication: 2021
• Language: English
• Physical Description: 1 online resource (355 pages)

Based on extensive fieldwork and oral history, The Terms of Our Surrender is a powerful critical appraisal of unceded indigenous land ownership in eastern Canada. Set against an ethnographic, historical and legal framework, the book traces the myriad ways the Canadian state has successfully evaded the 1763 Royal Proclamation that guaranteed First Nations people a right to their land and way of life. Focusing on the Innu of Quebec and Labrador, whose land has been taken for resource extraction and development, the book strips back the fiduciary duty to its origins, challenging the inroads which have been made on the nature and extent of indigenous land tenure-arguing for preservation of land ownership and positioning First Nations people as natural land defenders amidst a devastating climate crisis. It offers a voice to the Innu people, detailing the spirituality practices, culture and values that make it impossible for them to willingly cede their land. The text is intended to bridge the gap in knowledge between legal practitioners and those working at the intersections of human rights, social work and public policy. The book offers a potent template for how we can use the law to fight back against the indignities suffered by all indigenous peoples.

Table of Contents

Acknowledgements Terminology -- Glossary -- Abbreviations -- Maps -- Preface -- Part One: The Innu -- Chapter 1: Innu/Canadian relations in their social context -- Chapter 2: The Innu left to their fate in Schefferville -- Chapter 3: Matimekush Lac John today -- Chapter 4: Legacies of the past: barriers to effective negotiation -- Chapter 5: Racism -- Part Two: The Royal Proclamation and questions of trust over Canadian indigenous land -- Chapter 6: Historical background -- Chapter 7: The personal fiduciary duty -- Chapter 8: Bending the law to the needs of settlement -- Chapter 9: The honour of the Crown, the duty to consult and the United Nations Declaration on the Rights of Indigenous Peoples -- Part Three: The modern treaties and Canada's Comprehensive Land Claims Policy -- Chapter 10: The James Bay project: The Plot to Drown the Northern Woods -- Chapter 11: The Malouf judgment - Chief Robert Kanatewat et al. v La Société de développement de la Baie James et al. et La Commission hydro-électrique de Québec [1974] RP 38 -- Chapter 12: Negotiating the James Bay and Northern Quebec Agreement -- Chapter 13: The aftermath of signing the James Bay and Northern Quebec Agreement -- Chapter 14: The Comprehensive Land Claims Policy -- Part Four: The Innu experience of the Comprehensive Land Claims process -- Chapter 15: All that is left to us is the terms of our surrender': negotiations to recover lost Innu lands -- Chapter 16: The New Dawn Agreement -- Chapter 17: The position of the Innu who live in Quebec -- Chapter 18: Construction and protest at Muskrat Falls -- Part Five: 'Citizens Plus' or parallel paths? -- Chapter 19: Academic solutions -- Chapter 20: Indigenous solutions -- Chapter 21: 'Citizens Plus' or parallel paths? -- Appendix A Text of the Royal Proclamation -- Appendix B The United Nations Declaration on the Rights of Indigenous Peoples -- Bibliography -- Index.