Abstract:
Indian treaties in Canada are agreements between the Crown (today provincial or federal authorities) and specific Aboriginal population groups, whereby native people exchange some of their interests in parts of their ancestral territories in return for an assortment of payments and guarantees from Crown officials. Historic treaties assisted the Crown in settling and developing much of present-day Canada. British Columbia was the only province in Canada where no modem treaties were signed, until the treaty between the federal and provincial authorities and representatives of the Nisga'a nation, which became law on 13 April 2000. This dissertation considers, in particular, two aspects of the Nisga'a Treaty. The first is its economic implications in terms of traditional welfare theory. The essential finding is that the treaty is likely to result in a more productive use of natural resources through a more efficient property rights regime. The second aspect is the question whether the Nisga'a Treaty is an example of South African-type apartheid, which has sometimes been alleged. Here it is found that apartheid in South Africa derived from completely different sources than the ethnically related policies in Canada. It was a uniquely ambitious social experiment, quite unknown in Canada - probably elsewhere too.
