1:3 Changing Title in Canada

In If This Is Your Land, Where Are Your Stories?, Chamberlin analyzes stories and considers their intersection. He considers the significance of a title, “a single metaphor about land, in which a fiction—a story—was created to credit the fact of ownership” (Chamberlin, 228). An example of the intersection of different titles can be seen in the case of Tsilhqot’in Nation v British Columbia in 2014. Crown title is partly based on Terra nullius, which claims that “no one owned the land prior to European assertion of sovereignty” (Harrington, para. 2). Terra nullius was never fully enacted in Canada, yet “the Crown acquired radical or underlying title to all the land in” British Columbia (para. 3). In this case, Aboriginal title claims to land conflicted with Crown title claims to the land. This exemplifies the ways in which titles intersect, and how they can be based on metaphors and stories about land. Chamberlin proposes that we “change underlying title to aboriginal title” which he justifies by examining our need for such a shift and considering its benefits (Chamberlin, 229).

Newspapers detailing the results of the Tsilhqot’in Nation v. British Columbia case

According to Chamberlin, shifting to Aboriginal title would address our need for a deeper understanding of titles and their significance. All titles, including Crown title, are “arbitrary” and “meaningless” (229). However, “we have become so used to telling” Crown title narratives “that we believe it” (229). Chamberlin insists that we need to regain awareness of the fictitious nature of titles. Furthermore, he claims that we must “reclaim the unbelievability of our belief and the contradiction between reality and the imagination that lies at its heart” (229). Reclaiming these understandings is vital because “it is not the conflict between the two sets of stories that is the problem” (230). The real problem lies in our need to be reminded that stories depend on the contradiction between the real and the imaginary for their power. By making Canada’s underlying title Aboriginal title again, our need to recover understandings of the arbitrary and contradictory nature of title will be met and we will be able to perceive and appreciate the fallibility of settler titles.

Chamberlin further justifies a shift to Aboriginal title by emphasizing the ways in which it would benefit communities. He notes that Canada “has something to offer the world” and seems to suggest that it has a sort of responsibility “as an international mediator and peacemaker” to initiate such a shift (228). He also acknowledges that Indigenous peoples have something to offer too, especially with regard to their lessons of sustainability within the current climate crisis. Chamberlin declares that a shift in the narrative would provide an example to other global communities “where conflicts over land mask deeper misunderstandings over stories such as this” (231). In this way, Canada could provide a template for a new way of navigating instances of disagreeing titles and stories that avoids violence.

Ultimately, Chamberlin justifies his proposal by noting the ways in which it would secure and protect the dignity and rights of Indigenous peoples. Historically, government policy has not fully protected the rights of Indigenous peoples nor has it respected their culture. Chamberlin says that a shift to Aboriginal title “would finally provide a constitutional ceremony of belief in the humanity of aboriginal peoples in the Americas” (231). Despite the arbitrary nature of title, it “shapes the facts of life and of the land” (229). Therefore, title informs the law and the societal expectations of the people who live under it. Aboriginal title “would constitute a new story and a new society” in which progressive change could occur and the human rights of Indigenous peoples could be fully realized by the settler (231).

Chamberlin justifies his proposal by detailing the ways in which it would meet our need to recover an understanding of the nature of title and how it would benefit the global community, as well as the Indigenous communities here in Canada. Chamberlin’s proposal encourages thought on the power of stories and the dominance of some narratives over others. If the narratives we share have the ability to influence our society, what will be the effects of the stories we share today?

Works Cited:

Assembly of First Nations. “Honouring Earth.” Assembly of First Nations, www.afn.ca/honoring-earth/.
Chamberlin, Edward. If This is Your Land, Where are Your Stories? Finding Common Ground. AA. Knopf. Toronto. 2003. Print.
“Government Policy.” Indigenous Foundations, UBC Arts, indigenousfoundations.arts.ubc.ca/government_policy/.
Harrington, Joanna. “Canada Was Never Terra Nullius – Public International Law Blog.” International Law: Doctrine, Practice and Theory, Craig Forcese, craigforcese.squarespace.com/public-international-law-blog/2014/6/30/canada-was-never-terra-nullius.html.
Unama’ki College. Aboriginal Title Litigation. YouTube, 26 May 2017, www.youtube.com/watch?v=FIxHT_5yXZo.

3 Thoughts.

  1. I really liked reading your blog post it is really interesting to look at chapter 11 from a different perspective because I also wrote on chapter 11 but the points my blog post touched on were really different from yours. Land claims and titles are a major issue in Canada I often hear in the news about how the indigenous people have to continuously fight and struggle in court in order to gain ownership of their land. I think like you said the reason why the Indigenous people are struggling so much when trying to claim their land is because of the title of the land is called crown land and therefore this makes people believe that the land belongs to the government. Chamberlin explains that even though this title is arbitrary the name that we call it matters as “whatever adjective we apply to it, is a trick, a way of understanding something beyond everyday understanding” (Chamberlin, chapter 11). Titles hold power and can change the attitudes and opinions of people, for example when this land is called crown land people feel and believe that this land rightfully belongs to the government. And on the other hand if this land were called Aboriginal land I feel like people would start having a different attitude as this would symbolically show and remind people that this land was originally the Aboriginal’s people’s land. Do you think that if we changed the title of crown land to Aboriginal land would the Aboriginal people have an easier time reclaiming their land?

    • sorry forgot my citation
      Chamberlin, J. Edward. If This Is Your Land, Where Are Your Stories? . Knopf Canada. Kindle Edition.

  2. Hi Eva,

    I really enjoyed reading what you had to say. I found an article that I feel related well to your blog post and you should read! https://www.thecanadianencyclopedia.ca/en/article/aboriginal-title

    You said that Chamberlin stated that “reclaim the unbelievability of our belief and the contradiction between reality and the imagination that lies at its heart” (229) about the crown title and Aboriginal title. How do you feel what he said can be implemented? I definitely agree with all of his points and you did a great job at outlining it, but what steps do you think can realistically be made to make these changes? The government has a lot of work to do, and not recognizing Aboriginal title under the government is an extremely large error. The government is ignorant to the true fact that we have stolen this land, and have stripped Aboriginal peoples of their rights and title, which is unfair.

    Also – Do you think changing the crown title to Aboriginal land will have a positive impact, and take the steps we need to take towards making things right?

    Thanks 🙂
    Maya

    Works Cited:
    Chamberlin, Edward. If This is Your Land, Where are Your Stories? Finding Common Ground. AA. Knopf. Toronto. 2003. Print.
    “Government Policy.” Indigenous Foundations, UBC Arts, indigenousfoundations.arts.ubc.ca/government_policy/.

    “Aboriginal Title.” The Canadian Encyclopedia, http://www.thecanadianencyclopedia.ca/en/article/aboriginal-title.

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