Postcolonial Sovereignty

The Nisga’a Final Agreement

Tracy Lea Scott

In 1999 the Nisga’a First Nation in Northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. This book analyzes the impact the agreement has on federal/provincial/First Nations relations, but also in a concise manner examines the major terms of the agreement. The author summarizes the settlement and, more importantly, the powers over land, resources, education, and cultural policy granted to the Nisga’a government. She notes that the agreement marks a major departure from previous land claims agreements and outlines the opposition, including two court challenges, mounted against the agreement.

Contents

Introduction
How far have we come?
How far we have to go

1 / Postcolonial Sovereignty?
Introduction
A Very Canadian Liberalism
Postcolonial sovereignty?
Conclusion

2 / Land
Introduction
Land and Sovereignty in the Nass: the Historical Context
Land Provisions in the NFA
Conclusion

3 / Rights
Introduction
Forest Resources
Fisheries
Wildlife and Migratory Birds
Mines and Minerals
Conclusion

4 / Power
Introduction
The Nisga’a Nation, Sovereignty, Self-Determination,
and Self-Government
Nisga’a Lisims Government: Structure and Constitution
Social Jurisdiction of the NLG
Conclusion

5 / The Courts
Introduction
The Campbell Case
The Chief Mountain Case
Conclusion

6 / Conclusion: Postcolonial Sovereignty?
Introduction
The Limits of Liberalism?
Postcolonial Sovereignty?
Conclusion

Notes
Glossary
Bibliography

About the Author

Tracie Scott is a member of the Alberta bar and holds a doctorate in law from Birkbeck College, University of London.