Unstable properties: British Columbia, aboriginal title, and the “new relationship”

Abstract

In the span of a few years, Premier Gordon Campbell transformed himself from a strong political critic of Aboriginal peoples in British Columbia to their apparent champion within a “new relationship.” The subsequent sudden collapse of Campbell's alliance with First Nations is a window into federal‐provincial relations, constitutional change, Aboriginal political organization, and the consequences of decisions made more than a century ago. Drawing on Nietzsche, we argue that Campbell's intentions, either to control or support Aboriginal peoples, were almost irrelevant; our focus should be on the “will to power” and efforts to stabilize power through territory. As a result of the collision of Aboriginal political mobilization, the expansion of natural resource development, and a series of court decisions, the unresolved nature of Canada's territorial claim to most of the land that is now British Columbia has finally reached a point where it can no longer be ignored, either politically or legally. However, the province lacks the legal authority to recognize or deny Aboriginal title, leaving the provincial government and indigenous peoples in British Columbia equally held hostage by the federal government.