For the Land

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LAW 328 Green Legal Theory Glen Coulthard

Notes

To encourage ‘cultural diversity’ requires not the separation of culture and politics, but their marriage

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one of the problems most commonly associated with the politics of recognition has to do with the ways in which it has, at times, shown to be insufficiently informed by “a sociological understanding of power relations.”

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global tribe

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significant decoupling of Indigenous “cultural” claims from the transformative visions of social, political, and economic change that once constituted them.

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Although the last century has witnessed numerous attempts by the state to coercively integrate our land and communities into the fold of capitalist modernity, it was not until the negotiation of land-claims settlements in the 1970s and 1980s that this process began to significantly take hold.

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From the position of the minority non-Native population, however, the devolution of powers from Ottawa to Yellowknife seemed to reflect an attempt to foster legitimate and responsible government north of 60 degrees.

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excitement was mounting over the possibility of future petroleum discoveries off the northern shores

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“exchange the claims to undefined Aboriginal rights for a clearly defined package of rights and benefits set out in a settlement agreement.”

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Indigenous struggles against capitalist imperialism are best understood as struggles oriented around the question of land—struggles not only for land, but also deeply informed by what the land as a mode of reciprocal relationship (which is itself informed by place-based practices and associated form of knowledge) ought to teach us about living our lives in relation to one another and our surroundings in a respectful, nondominating and nonexploitative way. The ethical framework provided by these place-based practices and associated forms of knowledge is what I call “grounded normativity.”

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“When one group is concerned with the philosophical problem of space and the other with the philosophical problem of time, then the statements of either group do not make much sense

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misunderstanding to think of land or place as simply some material object of profound importance to Indigenous cultures (although it is this too); instead, it ought to be understood as a field of “relationships of things to each other.”

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argue that precisely what distinguishes anti-colonial struggles from the classic Marxist accounts of the working class is that oppression for the colonized is registered in the spatial dimension—as dispossession—whereas for workers, oppression is measured as exploitation, as the theft of time.”

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I believe your nation might wish to see us, not as a relic from the past, but as a way of life, a system of values by which you may survive in the future. This we are willing to share.

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“mode of production” can be said to encompass two interrelated social processes: the resources, technologies, and labor that a people deploy to produce what they need to materially sustain themselves over time, and the forms of thought, behavior, and social relationships that both condition and are themselves conditioned by these productive forces.

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this broad understanding of mode of production as a mode of life accurately reflects what constituted “culture” in the sense that the Dene deployed the term

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the reason the Crown agreed to get into the land-claims business in the first place was to “extinguish” the broad and undefined rights and title claims of First Nations

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“If we go through a whole Dene movement and we end up with native people just giving orders to their own people, [then we will not be] better off than now, when white people order us around.”

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“Real community development can never take place without economic development, but economic development without full local control is only another form of imperial conquest.”

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respected Cree leader Harold Cardinal blasted the declaration as an “intrusion of left-wing thinking that is perhaps much closer to the academic community in Toronto than it is to the Dene.”

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exclusionary, indeed “race-based,” jurisdiction

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necessary element of universality of participation

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the state began to counter our position with a depoliticized conception of Aboriginal “cultural” rights divorced from any substantive notion of Indigenous sovereignty or alternative political economies.

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tease apart the recognition of Indigenous cultural practices from any socioeconomic scheme

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Sure, I feel uneasy in some ways about promoting this. This gas is going to go south, maybe not today or tomorrow. But it is going to go, and I don’t think we can afford to be left out.

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“speed with which capital now appropriates the terms of its critique.”

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state and industry have been able to coopt the discourse of “sustainability”

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Fanon’s concern regarding the ways in which the field of recognition politics can modify the subject positions of Indigenous people and communities over time.

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the land-claims process itself has also served to subtly shape how Indigenous peoples now think and act in relation to the land.

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translate their complex reciprocal relationship with the land into the equally complex but very different language of ‘property.’”

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