Cash Back: A Yellowhead Institute Red Paper

Picking up from Land Back, the first Red Paper by Yellowhead about the project of land reclamation, Cash Back looks at how the dispossession of Indigenous lands created a dependency on the state due to the loss of economic livelihood. Cash Back is about restitution from the perspective of stolen wealth. From Canada’s perspective, the value of Indigenous lands rests on what can be extracted and commodified. The economy has been built on the transformation of Indigenous lands and waterways into corporate profit and national power. In place of their riches in territory, Canada set up for First Nations a weak, impoverished fiscal system — a cradle-to-grave bureaucracy — to control life through a stranglehold on each and every need. What is at stake here in Cash Back is the restitution of Indigenous economies. Canada’s dysfunctional fiscal system for First Nations is not an Indigenous economy. An Indigenous economy would be built upon the jurisdiction of Indigenous nations over our territories, not the 0.2 percent economies of reserves and the federal transfer system.1 Therefore, this report is explicitly about reparations and not about adjustments to the status quo. Cash Back is not a charity project; it is part of a decolonization process

Smoke, curtains and mirrors: the production of race through time and title registration

This article analyses the temporal effects of title registration and their relationship to race. It traces the move away from the retrospection of pre-registry common law conveyancing and toward the dynamic, future-oriented Torrens title registration system. The Torrens system, developed in early colonial Australia, enabled the production of ‘clean’, fresh titles that were independent of their predecessors. Through a process praised by legal commentators for ‘curing’ titles of their pasts, this system produces indefeasible titles behind its distinctive ‘curtain’ and ‘mirror’, which function similarly to magicians’ smoke and mirrors by blocking particular realities from view. In the case of title registries, those realities are particular histories of and relationships with land, which will not be protected by property law and are thus made precarious. Building on interdisciplinary work which theorises time as a social tool, I argue that Torrens title registration produces a temporal order which enables land market coordination by rendering some relationships with land temporary and making others indefeasible. This ordering of relationships with land in turn has consequences for the human subjects who have those relationships, cutting futures short for some and guaranteeing permanence to others. Engaging with Renisa Mawani and other critical race theorists, I argue that the categories produced by Torrens title registration systems materialise as race

Jurisdiction and Settler Colonialism: The Algonquins of Barriere Lake Against the Federal Land Claims Policy

This dissertation analyzes tensions between Indigenous and Canadian authority over land and governance through a critical inquiry into jurisdiction. I examine jurisdiction in the context of the Algonquins of Barriere Lake’s territory, located about three hours north of Ottawa in the northernmost boreal region of Quebec. To undertake this study of overlapping jurisdiction, I analyze the struggle over resource management across the past thirty years on the territory and their struggle against the federal land claims policy. I map the ways in which space is differentiated under competing legal orders, where on the one hand, jurisdiction is produced by the sovereign territorial state through operations of economic and political calculation, and on the other, by the Algonquin nation through a kinship nexus of allocated hunting and trapping grounds, and by the daily caretaking practices associated with Anishnabe life on the territory. I raise questions as to how simultaneous operations of law may take place in a single area, across distinctive epistemological and ontological frameworks, and how jurisdictions are produced in this context. My dissertation examines how the Algonquins of Barriere Lake have contested the socio-spatial production of state sovereignty claims through the exercise of jurisdiction over their lands. My focus on jurisdiction in this dissertation turns our attention to the practices of settler colonial sovereignty in Canada, and especially to the role Indigenous law plays in resisting intervention on their lands. I examine the role Indigenous law plays in shaping the political economy of this country, seeking to identify whether a “distinct form of accumulation” emerges in the dialectic of settler colonialism and Canada’s staple state economy. The interpretive framework of jurisdiction allows us to examine the overlapping authority claims between Indigenous, state, regional, and private interests, and to parse out the ways in which these jurisdictional claims produce different kinds of political space.Ph