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Aboriginal title and governance

November 8, 2004 By Chris Uncategorized


Satsan

Back in 1999 when I began my consulting practice, one of the first contracts I landed was with the British Columbia Vice-Chief of the Assembly of First Nations, Satsan (Herb George). He was assembling a team to undertake a national process to educate and activate communities with respect to the exercise of Aboriginal title. One of the results of that work isan astounding collection of legal research papers hosted at the Delgamuukw/Gisday’wa National Process website. You will also find there a plain language guide on Aboriginal title which I wrote.

Satsan took the view that Aboriginal title was there for the taking. That there was no need to ask any level of government for permission to exercise it. In fact, he argued that the landmark Delgamuukw supreme court case made it encumbant on First Nations to exercise their title. Use or lose is sort of the dictum of the day.

But exercising title is not a willy-nilly process. It requires that a First Nation also perform the role of a government in order to regulate, legislate and exercise inherent Aboriginal rights. Satsan has gone on to head up the First Nations Governance Centre.

There is an intimate link between the possession and exercise of Aboriginal rights and title and the implementation of excellent governance systems. What these two websites show is just how much of that work is being undertaken and led by First Nations themselves. This is decolonization that empowers local communities while playing on the legal and political fields of the colonial society.

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