ABSTRACT
This chapter argues from the readings of the Canadian land claims process that expedients used in the past to obtain indigenous peoples' lands and circumvent the colonial laws governing relationships with indigenous peoples is still evident today in Canada. In 1763, by the Treaty of Paris, the British Crown, still dependent on indigenous allies to preserve its land claims, issued a Royal Proclamation that acknowledged indigenous rights to live a separate life. The chapter focuses on the human rights implications of the most recent land claims agreements and specifically uses Tshash Petapen as illustrative of the numerous deficits and injustices apparent in the process. The authors' analysis suggests that both the land claims process itself and the alternative of dropping out of that process are forms of victor's justice worthy of the frontier days in North America.
