This thesis situates the Tsilhqot’in Decision (2014) within the discourse of the politics of recognition and argues that Tsilhqot’in is a limited victory. Tsilhqot’in altered the test for Aboriginal title to include semi-nomadic Indigenous lifestyles, but it does not completely alter the structures of settler colonialism’s law because it fails to dismantle the law’s hierarchical and assimilative nature. The Supreme Court reaffirmed the Crown’s unjustified sovereignty over Indigenous peoples by establishing a test to infringe Aboriginal title. The author suggests that the courtroom is perhaps not the space for finding justice. The thesis attempts to re-conceptualize ideas about Indigenous resurgence, law, and recognition through the use of critical discourse and Indigenous politics.

Tsilhqot’in Nation v British Columbia: Aboriginal Title, Indigenous Resurgence, and the Politics of Recognition

Author: Garcia, Louis-Alfredo

Year: 2015

Media Type: Report