Kulchyski
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M O D E R N
T R E AT I E S
, E X T R A C T I O N
,
A N D
I M P E R I A L I S M
I N
C A N A D A
’
S
I N D I G E N O U S
N O R T H
: T W O
C A S E
S T U D I E S
Peter Kulchyski and Warren Bernauer
Abstract
Drawing on case studies from Nunavut and Denendeh (Northwest Territories), we
argue that the institutions created by modern treaties are poorly positioned to repre-
sent the interests of Indigenous hunters. These capital/land-holding institutions
have objective interests in the opportunities for economic growth provided by extrac-
tive projects. The debates around uranium mining in Nunavut and a natural gas
pipeline in Denendeh demonstrate how land claims institutions work with extrac-
tive capital to defuse dissent to unpopular and highly destructive “development”
projects. These institutions are key mechanisms in contemporary processes of dispos-
session and imperialism. Grassroots resistance remains the most effective tool for
defending local food production systems.
I
n the 1970s, Canada’s Indigenous North was faced with a number of
extractive “mega projects,” two of which generated national debate around
issues of Indigenous life ways versus resource extraction-based economies:
hydroelectric developments in Quebec and the Mackenzie Valley Pipeline
proposal in the Northwest Territories (NWT). (Unlike these high-profile
projects, hydro development in Northern Manitoba and a variety of other
specific projects did not generate substantial national attention.) The debates
that surrounded Quebec hydroelectric projects and the Mackenzie Valley
Pipeline proposal helped define for a generation the notion that develop-
ment/destruction could not take place as it had for the previous century, that
Indigenous peoples were players in northern development who had to be
Studies in Political Economy 93
SPRING
2014
3
4
Studies in Political Economy
accommodated, and that new structures must be developed as vehicles for
negotiating such accommodation—both to ensure a more equitable redis-
tribution of benefits and to guarantee that Indigenous parties would have
strong representation in planning and implementing agreements.
This new social context for northern development projects had three key
elements. First, a doctrine of Aboriginal rights and title evolved in Canadian
(and other) courts, including in the last decade the still not clearly defined
notion that States have a duty to consult with Indigenous peoples about
developments on their traditional territories. Second, modern treaties, called
“Comprehensive Land Claims” in the early 1970s, were negotiated by States
to ensure surrender of Aboriginal title: Indigenous communities entered
into negotiations, in part, to ensure that they had resources and other struc-
tures that could be used to influence decisionmaking and negotiations
surrounding extractive projects. Third, self-government agreements were
discussed at the constitutional table and during the Charlottetown Accord
meetings to ensure that Indigenous communities were working with a local
governing structure that was effective and culturally appropriate. It must
be acknowledged, however, that the Charlottetown Accord meetings failed
and that these self-government agreements were not negotiated that often.
This paper focuses on how modern treaties are vehicles that can either
empower or disempower northern Indigenous communities. Modern
treaties—agreements between the State and Indigenous groups that possessed
previously unextinguished Aboriginal title to their territory—have a number
of common characteristics. All attempt to resolve the “murky” issue of
Indigenous sovereignty that burdens both the State and extractive capital.
This is generally accomplished by “extinguishing” Aboriginal title or by
exhaustively demarcating the rights Indigenous communities possess to their
territory. In return for extinguishment/exhaustion, these treaties provide for
a transfer of financial resources from the State to the Indigenous group.
Surface and mineral rights to small portions of the territory in question are
retained by the Indigenous group, while a variety of specific rights (many
of which often concern hunting rights) are entrenched.
Modern treaties also give rise to new institutions. The first is a new type
of Aboriginal organization with a not-for-profit corporate structure, charged
Kulchyski and Bernauer / T R E AT I E S
5
with managing financial resources and land. These new organizations are also
intended to represent politically the interests of the Indigenous group. The
second is a variety of co-management or joint management boards, with
members appointed by the federal and territorial governments and
Indigenous organizations. These management boards have jurisdiction over,
among other things, wildlife harvesting and industrial land use. The analysis
that follows focuses on the land/capital-holding organizations created by
modern treaties.
In our assessment of modern treaties, we draw upon two case studies.
The community of Fort Good Hope is a Dene (
Kaschogotine
) community
on the Mackenzie River faced with a new version of the Mackenzie Valley
Pipeline, now called the Mackenzie Gas Project. The Fort Good Hope Dene
were one of five community signatories to a regional agreement called the
Sahtu Treaty more than 15 years ago, which gave them financial resources
to manage autonomously and set up a variety of joint management boards
that gave them a role in decisionmaking. The Inuit of Baker Lake were
included in the Nunavut Land Claims Agreement (NLCA). Like the Sahtu
Treaty, this agreement also provided financial resources and mineral rights
for some lands to newly formed Aboriginal organizations and established
various co-management boards. Connected to the NLCA was the Nunavut
Act, which provided for the creation of the territory of Nunavut, based on
the premise that Inuit would achieve some degree of self-government through
their demographic majority in the new territory. Baker Lake is now faced
with the prospect of major uranium mine developments in addition to the
significant development of other minerals in the area. Both communities are
remote and small, and have successfully fought battles against extractive
capital in the past.
Our analysis is rooted in an examination of the material basis or polit-
ical economy of northern extraction, as well as a contextual account of the
recent history of comprehensive land claims or modern treaties in Canada.
This analysis of modern treaties focuses on the Aboriginal organizations
that were created through the treaties, these organizations’ actions, their
structures, and their relationships with the communities they are intended
to represent. We examine why the modern treaty process was selected to
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6
Studies in Political Economy
resolve Indigenous concerns and grievances. We then turn to each of the
two case studies to explore how these historical experiences can inform
contemporary assessments of the ultimate value of the comprehensive land
claims approach. Due to the political economy of modern treaties and the
spatial dynamics of capital accumulation, we argue that land claims corpo-
rations are poorly positioned to represent the interests of Indigenous hunters.
Grassroots Indigenous activism, operating outside of land claims structures
and institutions, is thus necessary if Indigenous subsistence practices and local
food production systems are to be maintained.
Mining, Primitive Accumulation, and Modern Treaties
As northern
Indigenous peoples remain connected to a hunting way of life (or mode of
production), resource extraction projects can have the impact, at one extreme,
of destroying the basis of the hunting economy entirely. Destruction of and
disturbance to wildlife habitat, as well as the threat of contamination, have
the ability to undermine the resources upon which hunters depend; the best
that can be hoped is that development/destruction will have a negligible
environmental footprint. Of course, much of what actually happens takes
place in the middle ground between these two extremes.
Capitalist resource extraction projects of this kind can be seen as an
instance of the larger historical process that Marx aptly called “primitive
accumulation,” though the scope and scale of the displacement of pre-
existing modes of production may vary. For Marx, primitive accumulation
is a series of “moments when great masses of men are suddenly and forcibly
torn from their means of subsistence, and hurled onto the labour-market
as free, unprotected and right-less proletarians.”
1
Primitive accumulation
therefore creates the preconditions for capitalist accumulation: contact
between one group of people who own the means of production and another
group of people who have no choice but to sell their bodily capabilities in
order to survive.
Marx argues that primitive accumulation “assumes different aspects” and
occurs at different times in different places.
2
Recently, scholars have drawn
renewed attention to the fact that primitive accumulation is an ongoing
phenomenon, with dispossession and the destruction of subsistence lifestyles
Kulchyski and Bernauer / T R E AT I E S
7
forming a fundamental aspect of recent waves of capitalist imperialism.
3
Further, it is important to note that primitive accumulation in a particular
society is generally not an instantaneous process, but rather unfolds over
“many generations” and involves numerous “intermediate steps.”
4
In Canada’s Indigenous North, primitive accumulation is an ongoing
and colonial process. Some of the more prominent “moments” in the process
thus far have involved the coerced centralization of Indigenous communi-
ties, which created a dependency on manufactured transportation technology;
the forced schooling of Indigenous children, which destroyed a great deal
of the living knowledge upon which subsistence production depends; the
expropriation of hunting grounds and the imposition of colonial game laws
in the name of conservation; and the destruction by animal rights activists
of markets for Indigenous simple commodity production of furs.
5
The
destruction of land and wildlife brought about by mineral and energy extrac-
tion—what Usher rightly called a “modern version of the enclosures”—
represents yet another moment in this ongoing process.
6
The North, however, lacked the capacity for secondary production or
subcontracting, a skilled labour force, and an institutional framework to
collect full royalties and taxes from extractive projects. As a result, resources,
profits, royalties, contracts, and technical job opportunities tended to flow
elsewhere.
7
In the 1970s, Indigenous people and non-Indigenous allies were
becoming increasingly concerned that the combined destruction of hunting
economies and lack of retention of economic spinoffs would leave Northern
Indigenous peoples “effectively separated from their traditional land base...and
incorporated into the lowest levels of the national class structure.”
8
In other
words, these authors saw primitive accumulation in the North as a form of
capitalist imperialism: a process whereby “the wealth and wellbeing of partic-
ular territories are augmented at the expense of others.”
9
From the perspective of many Indigenous peoples and non-Indigenous
allies, modern treaties were to be a mechanism to mitigate the impacts of
capitalist imperialism. While specific proposals varied, common themes
existed. Most suggested that a treaty should provide Indigenous peoples with
control over their land, their resources, and their society. Many allies suggested
that Indigenous groups should be allowed to collect royalties from resource
8
Studies in Political Economy
extraction,
10
which could then be used to “modernize” the hunting economy
by utilizing technology to harvest wildlife resources that were, at the time,
going unused. Indigenous peoples were to retain harvesting rights and be
provided with mechanisms to control the pace and type of development on
their territory. If these conditions were met, it was presumed, Indigenous
peoples would be able to sustain their hunting economies, supported by
capitalist extraction, in what some authors called a “mixed economy.”
11
The issue of modern treaties rose to national prominence with the contro-
versy surrounding the proposed Mackenzie Valley Pipeline in Denendeh.
“Northern Frontier, Northern Homeland” was the appropriately titled, two-
volume government report under the authorship of Thomas Berger, a former
British Columbia justice, who had argued the famous Calder case regarding
Aboriginal title at the Supreme Court of Canada. The partial victory in that
case is what led the federal government to restart treaty negotiations. The
report had been commissioned by a reluctant federal minority government
to review the social and environmental impacts of the proposed pipeline, an
Imperial Oil-sponsored mega project to access oil and gas reserves in the
Beaufort Sea through a pipeline built down the Mackenzie Valley. The
hearings Berger eventually held in the mid-1970s in the small Dene commu-
nities of the Western Arctic became something of a public sensation, and
his report became the first government document in Canada that was a best
seller. Berger recommended a 10-year moratorium on pipeline development
in order to allow Dene communities time to prepare for it so as to maximize
whatever local benefits they could derive from the project. He suggested
that 10 years would be sufficient time to settle land claims, which would
then help the local Dene develop the capacity, and put in place the struc-
tures, to allow them to negotiate more effectively.
12
At present, the majority
of Indigenous peoples in the territorial North have settled modern treaties
with the State.
The Political Economy of Modern Treaties in Canada’s Indigenous
North Modern treaties have received substantial criticism from Indigenous
peoples and scholars. One of the more prominent criticisms is levied at the
“extinguishment clause”—a clause included in many modern treaties that
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stipulates that the Indigenous society in question surrenders Aboriginal Title
to its traditional territory. Since the initiation of modern treaty negotia-
tions in the 1970s, extinguishment has served as the fundamental demand
of the State and has been widely criticized by Indigenous peoples and their
allies.
13 In most settled modern treaties in the territorial North, the State has
won this fundamental demand. Therefore modern treaties can be charac-
terized as tools of dispossession because they involve Indigenous societies
forfeiting legal control over the vast majority of their territories.
14
The most striking, and perhaps the most pressing, implication of modern
treaties is extinguishment because it signifies dispossession of Indigenous
lands and resources. The legal words and the signatures that surround treaties
provide the legal justification for an ongoing process of dispossession.
However, a focus solely on the implications of the legal extinguishment of
Aboriginal title can lead to a sort of legal fetishism. Indigenous peoples
continue to use land, whether they hold title to it or not. Furthermore,
Indigenous societies may employ other methods to exert control over their
traditional lands that have nothing to do with legal title—direct action and
grassroots campaigns to halt particularly destructive extractive proposals,
for example. In other words, legal extinguishment and practical disposses-
sion are distinct but closely related phenomena.
There are also other important ways in which modern treaties facilitate
dispossession beyond the implications of the surrender of title. As this paper
demonstrates, the Canadian models have actually strongly tied First Nations
and Inuit communities to nonrenewable and other destructive projects. The
land/capital-holding institutions created by these agreements are organized
as corporations. This gives them an objective interest in profit, indepen-
dent of the needs Indigenous peoples may have for wage labour or financial
support for harvesting ventures.
15
One of the most lucrative sources of profit
is the extractive sector because royalties, investment partnerships, Impact
and Benefit Agreements, and subcontracting opportunities all provide oppor-
tunities for these corporations to generate revenue.
The structures of these agreements also give rise to “regional elite[s] with
a direct interest in collaborating with metropolitan forces.”
16
Indigenous
Kulchyski and Bernauer / T R E AT I E S
9
peoples who occupy political and management positions in land claims
organizations, along with those who use seed capital from land claims insti-
tutions to launch subcontracting firms, have individual objective interests
in extraction independent of community needs for wage labour and support
for harvesting.
These institutions and elites operate in the context of significant inter-
regional competition. Different regions within the capitalist system must
compete to “capture and contain the benefits to be had from flows of capital
and labour power.” Grassroots struggles that threaten capital accumulation
may prompt capital to flee a particular territory and relocate to a region
with lower environmental standards, corporate tax rates, royalty rates, and
degree of grassroots struggle.
17
Our contemporary historic condition—
variously called “late capitalism,” “flexible accumulation,” “globalization,”
and “neoliberalism”—has drastically increased the role of inter-regional
competition in the dynamics of capital accumulation. Capital has become
increasingly mobile because of reductions in communication and trans-
portation costs, the deregulation of financial markets, the rise to
predominance of the multinational corporate structure, and various inter-
national trade agreements. As a result, states are under increased pressure to
encourage a positive climate for capital investment.
18
Land claims institutions and Indigenous petty capitalists are subject to
similar pressures because of their dependence on investment from multi-
national capital to generate necessary revenue. The need to maintain an
attractive investment environment for capital may compel them to moderate
their demands for environmental regulation, protection of wildlife habitat,
compensation, and royalties. These actors are also compelled to maintain
what is regarded as a safe climate for investment, assuring capitalists that
local opposition will not threaten their investments. Land claims institu-
tions—and perhaps even Indigenous petty capitalists—thus have an
objective interest in not formally opposing any proposals for extraction
and in promoting this view among the local populace. To do otherwise
would create an uncertain investment climate. Land claims corporations are
therefore in a position in which it would run against their material interests
to support socially useful and environmentally benign proposals while
Studies in Political Economy
10
overtly opposing those that are antithetical to Indigenous subsistence. As
a result, the hunting or subsistence aspects of the so-called mixed economies
are now often under assault from Aboriginal leaders and their managerial
bureaucrats, who occupy corporate roles created through modern treaty
settlements.
In the sections that follow, we present two case studies. Both case studies
involve proposals for large-scale energy extraction with the potential to
seriously undermine Indigenous subsistence production. Both proposals
were originally put forward before modern treaties were settled, and both
met with fierce community opposition and resistance. Both proposals then
re-emerged following the settlement of modern treaties. In both cases, land
claims corporations worked assiduously to defuse grassroots opposition.
Baker Lake and the Kiggavik Uranium Mine
Baker Lake is a mostly
Inuit community located in the Kivalliq region of Nunavut. Baker Lake is
located inland and so hunters from Baker Lake rely heavily on caribou, in
contrast with other Inuit communities that depend primarily upon marine
mammals. In 1978/1979, an Inuit attempt to halt exploration for uranium
on hunting territories was heard in a federal court. From the perspective of
Inuit, the results of the case were mixed. The decision marked the first time
Canadian courts acknowledged that Inuit possessed unextinguished
Aboriginal title to their traditional territory and it established criteria for
determining whether or not other Indigenous peoples in Canada still have
title to their territory. This acknowledgement of Aboriginal title allowed
Inuit to negotiate a modern treaty with Canada. However, despite a one-
year moratorium on new exploration permits between 1978 and 1979, the
moratorium was lifted in 1979 and exploration for uranium continued.
19
In the late 1980s, a Canadian subsidiary of Urangesellschaft, a German-
based company, submitted a proposal for the Kiggavik uranium mine, to be
located in one of the large regional caribou herd’s post-calving grounds.
Because of concerns related to the health impacts of uranium mining and
the location of the project and associated infrastructure in sensitive caribou
habitat, Inuit consolidated their opposition to the proposal, forming the
Northern Anti-Uranium Coalition (NAUC). NAUC responded to the
11
Kulchyski and Bernauer / T R E AT I E S
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12
Studies in Political Economy
Kiggavik proposal by critiquing the environmental impact statement issued
by the company and by bringing a variety of people with experience in
uranium mining to give public presentations regarding the kinds of impacts
that they had experienced. It is important to note that all of the main existing
Inuit organizations opposed the mine. At the time, a comprehensive land
claim was nearing its final stage of negotiation but had not been settled. In
Baker Lake itself, a Baker Lake Concerned Citizens Committee formed
specifically to oppose the project. In 1990, after a local plebiscite showed
strong local opposition to the project (more than 90 percent of eligible
voters), the company suspended the project indefinitely.
20
In 1993 the Nunavut Land Claims Agreement was finalized. As a part
of the finalization of the Agreement, the Tunngavik Federation of Nunavut,
a body that had been formed to negotiate the Agreement, was dissolved and
a new body, Nunavut Tunngavik Incorporated (NTI), was formed to
manage the land and capital that came with the claim. Additionally, three
regional Inuit associations were created, which share the duties of repre-
senting Inuit politically and managing Inuit lands and capital. NTI and the
regional associations are organized as private, not-for-profit corporations.
These organizations exert a great deal of influence and authority over
mining activity in Nunavut through their management of Inuit-owned
lands, appointments to management boards, and negotiation of Impact
and Benefit Agreements.
21
The Kiggavik proposal remained dormant for a few years. In 1993,
Urangesellschaft sold its rights to the project, which was eventually acquired
by the French multinational nuclear company AREVA. After launching
what was to become an intensive public relations campaign, in 2006 AREVA
resumed exploration in the Kiggavik area and in 2008 submitted an official
proposal to the Nunavut Impact Review Board. At the time of writing,
AREVA’s proposal is mid-way through an environmental review by the
Nunavut Impact Review Board.
While the community response to AREVA’s proposal has been mixed
and conflicted, many Inuit in Baker Lake continue to either oppose the
Kiggavik proposal or at least be highly concerned by it. In February 2009,
84 residents of Baker Lake filled out comment forms for the Nunavut Impact
Review Board’s screening of AREVA’s proposal. Forty-four indicated that
they did not support the proposal, 31 indicated that they support the
proposal, and nine were undecided. During interviews in 2010 and 2011,
numerous Elders, hunters, women, and youth from Baker Lake expressed
their views about Kiggavik. Some participants indicated strong support for
AREVA’s activities, primarily because of the potential employment oppor-
tunities for local youth. Others expressed strong opposition to the proposal
for a variety of reasons. Concerns raised included fears that an accident
could result in the contamination of drinking water, fish, or wildlife; concerns
that people could be contaminated by the mine through various mecha-
nisms; worries that a mine in the middle of caribou migration routes could
impede the ability of hunters to harvest caribou; anger about the destruc-
tion of ancestral lands; and concerns that uranium from Nunavut could be
used in nuclear weapons. Other participants indicated that they were inter-
nally conflicted about potential uranium mining and had yet to adopt a
firm position on the matter; at the same time, they acknowledged the need
for employment opportunities and they continued to be concerned about
environmental, health, and cultural impacts.
Given substantial internal divisions within the community, it is striking
that both NTI and the regional Kivalliq Inuit Association (KIA) took strong
pro-uranium positions. In 2007 NTI passed a pro-uranium mining policy,
which it shares with the KIA. Both began to work relatively closely with
AREVA. Following a meeting in 2007, rather than voice critical concerns
held by many Inuit in Baker Lake, the KIA instead proceeded to pass a
resolution supporting AREVA’s proposal to enter the environmental review
phase and present AREVA with a congratulatory plaque for its attempts at
public consultations.
22
In 2009, NTI proceeded to enter into a number of
business agreements with mining companies involving uranium ore bodies
to which they held rights.
23
The KIA then began a series of open-house community consultation
meetings to collect feedback from Inuit. Two meetings were held in Baker
Lake in March 2010. Numerous scientists and other representatives from
AREVA were invited to these meetings to answer questions. Significantly,
Kulchyski and Bernauer / T R E AT I E S
13
14
Studies in Political Economy
no experts who were critical of uranium mining were invited to attend. Poster
boards created by AREVA lined the walls of the room during both meetings.
During these meetings, the KIA administered surveys to gauge public
opinion of the Kiggavik proposal. These surveys were conducted casually over
the course of the meeting. Those in attendance were encouraged to speak
with AREVA’s team if they had questions. While the meetings were publi-
cized, the fact that a survey was being administered that would later be used
to justify moving forward with Kiggavik did not seem to have been adver-
tised widely prior to the meeting. Many local grassroots opponents of
uranium mining were out of town and therefore did not attend the meeting.
The context, therefore, was in no sense neutral or unbiased.
According to KIA’s survey report, 66 percent of respondents from Baker
Lake rated their “overall satisfaction” with the proposal as “good” or “excel-
lent” and 21 percent rated it as “poor” or “fair.” The results have been used
by both AREVA and the KIA as justification for moving forward with the
Kiggavik mine. AREVA has gone so far as to liken these surveys to a public
plebiscite.
24
The KIA has used them as justification for entering into Impact
and Benefit Agreements with AREVA, privately, behind closed doors.
25
While some Inuit from Baker Lake who support proposed uranium
mining indicated that they were content with the decisionmaking process,
many community members do not accept this way of proceeding with
uranium extraction. During interviews in 2010, some community members
expressed dismay that their Inuit organizations were “selling” uranium
mining to the community at these meetings. Others were outraged with
NTI for entering into business agreements with the uranium industry
without allowing the general community to have a role in decisionmaking.
Some insisted that the community as a whole should have an opportunity
to vote on whether or not the Kiggavik mine should be built.
Some Inuit also complained that the structure of the Inuit organizations’
consultation meetings made it very difficult for them to voice opposition.
They complained that having so many experts on AREVA’s payroll made it
very difficult to talk back and participate during meetings. They claimed that
these experts would provide “ready-made” answers that did not adequately
address their questions. This allowed the AREVA experts to not only dodge
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Kulchyski and Bernauer / T R E AT I E S
15
the questions but also to change the subject, thereby derailling discussion
and obstructing opposition. Some Inuit requested that critical information
about uranium mining be made available and that critical and independent
experts be present at future consultation meetings. Others requested that
people with negative experiences with uranium mining come to speak in
Baker Lake.
In response to this situation, in 2009 a new nongovernmental organiza-
tion (NGO) was formed with the goal of fostering public debate about
uranium mining. The new NGO, Nunavummiut Makitagunarningit
(Makita), included members from both Iqaluit and Baker Lake. Makita
started to raise serious concerns, and Inuit criticisms of the project began
to receive more public attention. Makita eventually tabled a petition calling
on the Government of Nunavut (GN) to hold a public inquiry into the
issue of uranium mining in the territory. The premier announced that,
rather than launch a public inquiry, the GN would hold a series of consul-
tation meetings in early 2011 in Baker Lake, Iqaluit, and Cambridge Bay
on the topic of uranium mining, to help them formulate a more compre-
hensive position on the issue.
In February 2011, in the lead-up to these consultation meetings, the
new leadership at NTI responded to mounting public opposition to Kiggavik
by announcing to the media that NTI would revisit its pro-uranium stance.
However, an official press release in March 2011 qualified this commit-
ment to revisit the policy, stating that the leaders would revisit their uranium
policy but would honour any legal obligations—a reference to contracts
and agreements made with uranium mining and exploration firms by the
previous leadership. NTI’s leadership further turned its back on NTI’s
commitment to revisit the policy at the annual general meeting in November
2011. Here, President Cathy Towtongie announced that the organization
no longer has plans to revise its uranium policy.
This chain of events reveals that the various Inuit organizations have
tended to act in ways that favour corporate interests rather than the inter-
ests and aspirations of many Inuit. Despite obvious divisions among Inuit
in Baker Lake, and without any serious attempt to accurately determine
how the majority of the community felt about the issue, the organizations
16
Studies in Political Economy
passed pro-uranium policies and entered into business agreements with the
uranium industry. At later consultation meetings, critical and oppositional
discussion was stifled by the over-representation of AREVA’s experts at these
meetings. Surveys were administered at these meetings, which can hardly be
considered a neutral context. The results of these questionable surveys are
now being used by both AREVA and KIA as a justification for moving
forward with the Kiggavik project. Subsequent promises to revisit pro-
uranium policies were quickly abandoned with little concrete explanation.
Fort Good Hope and the Mackenzie Valley Gas Project
Fort Good Hope
is a similar small, remote community in the NWT, occupied by Dene, or
Kaschogotine
, as the specific local culture is known. During the Berger Inquiry
in the mid-1970s, the community was a critical locus of opposition to the
Mackenzie Valley Pipeline project. A famous speech by Frank T’Seleie, who
was then Chief, broke with the Dene tradition of not confronting opponents:
T’Seleie accused Bob Blair, the spokesperson for the pipeline consortium,
of being a “modern General Custer.” T’Seleie spoke powerfully of the inter-
generational Dene peoples’ attachment to their land. Although there was
support for the project from Métis in the NWT and from a few Dene
leaders, the opposition among Dene was very strong and unyielding. It was
in part his recognition of this that led Berger to recommend a moratorium.
In 1993, Dene in the region settled a land claim or modern treaty called
the Sahtu Treaty. Local corporations were set up as holders of land and
capital; in Fort Good Hope the body was called Yamogha Incorporated,
named after the Dene lawgiver of history or myth. Although the Dene had
wanted the corporation to be under the aegis of the local community council,
government had insisted it be a stand-alone body and not under the polit-
ical control of the existing community organization. A few years later the
pipeline project was renewed, this time as the Mackenzie Gas Project. As well
as the major industry players, a consortium of local Indigenous land claim
corporations, including Yamogha, formed an Aboriginal Pipeline Group
(APG), which planned to take an ownership position in the project, investing
directly in it and helping to ensure regional political support. National
newspapers reported that Frank T’Seleie himself had been appointed a
Kulchyski and Bernauer / T R E AT I E S
17
member of the APG. At a Dene Nation Assembly in Deline in 2005, Dene
youth representatives, who deployed all the rhetoric of the debates in the
1970s, were shut down by older leaders who effectively argued that times
have changed and that now was the time to “grow up” and “move ahead.”
These leaders indicated strong support for the pipeline: the issue for them
was not “whether or not,” but rather “how much can we get out of this.”
Yamogha Incorporated took the lead in negotiating a proposed Impact
and Benefit Agreement with Imperial Oil. In early 2006 the community of
Fort Good Hope stunned the corporation, the territory, and the nation by
strongly rejecting the proposed agreement in a local vote. During a commu-
nity visit later that year, the most frequent answer to the question of why the
vote went the way it did was “it’s Frank’s fault.” When this was pointed out
to T’Seleie, he said emphatically “I didn’t do anything. [A]t the community
meeting, all I said was that if people wanted to vote against it, they could!
That’s all I said.”
26
None of the newspapers had reported that T’Seleie had
resigned in disgust six months after joining the Aboriginal Pipeline Group,
and that many other people in his community felt the same way. Yamogha,
staffed with people whose main concern was their capital pool, was not the
right organization to represent the broader interest of the community and
never questioned whether or not the overall project should proceed—
something that many other local people certainly considered worth debate.
As a result of the vote thrusting the community into a national spotlight,
it came to be understood locally that the dual power structure set up through
the implementation of the land claim was not working in the community’s
best interest. The community began to demand negotiations for a self-
government agreement that might unify decisionmaking in the community,
and effectively bring the corporate body under the control of the political
body. Whether this will be achieved remains an open question. The Sahtu
Treaty said the federal government “shall” negotiate self-government agree-
ments in the region, but in spite of a community request to initiate such
negotiations, the federal government has insisted that it will establish a
negotiating table only if the community accepts its model and parameters
for a self- governing regime. Meanwhile, although the project was,
predictably, approved by a federal environmental review process, the cost
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18
Studies in Political Economy
ratios (i.e., the price of natural gas in relation to the price of steel being a
critical element) have made the pipeline economically unfeasible; the whole
project is on hold for these reasons and not because of any position or action
of the Dene leadership.
Far from preparing the community to negotiate effectively with devel-
opers, the Sahtu Treaty created a divided power structure that has not served
Fort Good Hope well. In fact, the situation could hardly have been better
for outside institutions that wanted to impose their agendas at as little cost
as possible: they could choose with whom in the community they wished
to negotiate, and they could find a local institution that was oriented towards
an open-for-business climate and that needed the same kinds of opportu-
nities that motivated the Inuit corporate bodies.
That said, it should be noted that, in both cases, popular sentiment has
been able to challenge the assumptions of the new class of bureaucratic,
business-oriented technicians who entrenched themselves in corporate bodies
created by the land claim settlements. The Inuit and Dene people appear to
have maintained their priorities despite all the hats, mugs, t-shirts, trips on
the land, laptop computers, and other goodies distributed by corporate inter-
ests. The point, for our purposes, is that the corporate and governmental
institutions created by the land claim settlements have not worked assidu-
ously in the interests of their own member beneficiaries, but have become
complicit with regimes of capital accumulation. That has made them poor
negotiators for community benefits. After all, it is difficult to establish a
strong negotiating position when you clearly require the outside party to be
successful. Their complicity has made it almost impossible for them to say
“no” to even the most egregious, environmentally destructive projects.
Land Claims, Dispossession, and Capitalist Imperialism In both of the
cases we document, there is substantial evidence that land claims corpora-
tions have worked to defuse opposition to highly destructive extraction
proposals. In both cases, the structural exigencies of these institutions
provided them with objective interests in doing so. We are not suggesting
that corporate structures and inter-regional competition alone explain this
behaviour. The ideological disposition of certain Indigenous politicians and
Kulchyski and Bernauer / T R E AT I E S
19
their staff is certainly a part of the story, as are the ceaseless efforts of extrac-
tive capital to court their support. Regardless, these economic structures
provide a backdrop of objective interests upon which ideologies of progress
and endless growth can take hold. We maintain, therefore, that modern
treaties are fundamental mechanisms through which capitalist imperialism
operates in Canada’s Indigenous North today.
Accelerated primitive accumulation and dispossession, through energy
extraction, are central to capitalist imperialism in Northern Indigenous
communities. Mines and pipelines dispossess Indigenous peoples of their
lands and mineral resources; associated environmental degradation wreaks
havoc on subsistence economies; and resources and profits flow to capitalist
centres. In the Indigenous North, this system presents itself as the racial
reconfiguration and redistribution of wealth—a process that lies at the core
of the project upon which Canada was founded. The racial reconfiguration
of wealth in Canada involves transforming the very forms of wealth that
have been the material bases of Indigenous peoples. Specifically, the land as
a hunting territory, the intergenerational bonds of community, and the
mode of temporality of hunting cultures (especially the extent of “leisure
time”
27
) all contradict the fundamental logic of capitalist modernity. Hunting
territories have become natural resources to be capitalized on.
Intergenerational communities are under pressure to “develop” into aggre-
gates of self-maximizing individuals. Leisure time is eroded under a logic of
increasing productivity—the capitalist work ethic. The full force of the
State’s policy trajectory, every fibre of State-sponsored programs and services,
works to install the logic of this reconfiguration. Paradoxically, the rewards
of such drastic cultural change do not go to those who must undertake it,
the Indigenous peoples. Rather, they are a step in a process that concludes
with a racial redistribution of wealth, from North to South, from Indigenous
peoples and land to large capital holders in the western world. Hence one
of the oldest jokes in the North pertains to mines: the South gets most of
the jobs, the South gets the profits, the South gets the valuable minerals, and
the North is left with the shaft (and the cost of cleaning up). In broad
strokes, this process reaches back to the period of British imperial control
and has been extended and continued with the creation of Canada. It has
20
Studies in Political Economy
been in operation through the early phases of farming, logging, mining,
and energy development, and continues with the Alberta tar sands, hydro-
electric development in northern Quebec and Manitoba, logging in Ontario
and British Columbia, and so on. In effect, it can be seen as a contempo-
rary continuation of that “grand” historical event known as the Conquest.
Insofar as they extinguish Aboriginal title and tie Aboriginal institutions
into a logic of capital accumulation, modern treaties are a central tool in the
unfolding of the Conquest today. In the twenty-first century, the Conquest
does not involve wholesale massacres. Rather, it takes place through a
“violence of the letter,” the extinguishment or exhaustion clauses of modern
land claims. The rewards from all this activity go to a very few in the private
sector. The costs are almost all borne by northern Indigenous peoples. The
final irony is that the very real pain carried by Indigenous bodies then
becomes a site for liberal compassion.
We must emphasize that we are not arguing that modern treaties are
complete disasters from the perspective of Indigenous hunters. The hunting
rights enshrined in these agreements, while imperfect, have provided serious
legal protection for Indigenous subsistence practices in the face of the “green
imperialism” of colonial conservationists and animal rights activists. Nor
does our argument suggest that land claims organizations act simply in the
interest of capital. Their staff members and politicians no doubt care substan-
tially about the people they represent and work to great ends to negotiate
a good deal (including environmental protections, labour privileges, and
economic benefits) for their communities. We must not lose sight of the
fact that primitive accumulation is an ongoing process in Indigenous
societies, and historical actions of the state, capital, and animal rights activists
have left Indigenous communities at least partially dependent upon wage
labour. In this regard, some degree of capitalist extraction is seen as favourable
to many Indigenous peoples, and these institutions and structures do provide
some (however limited) means for Indigenous peoples to secure wage-labour
opportunities and other benefits and privileges from extractive capital. Not
all extractive projects are the same, however, as certain projects and proposals
(because of their size, location, and other particular characteristics) are more
or less destructive than others. Corporate structures, class differentiation, and
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Kulchyski and Bernauer / T R E AT I E S
21
inter-regional competition put land claims institutions in a position from
which they are unlikely to formally oppose any extraction proposal without
a great deal of grassroots mobilization. They are also more than capable of
trying to diffuse whatever grassroots opposition may exist. Further, these
institutions have had their bargaining power seriously undermined by the
extinguishment of Aboriginal Title to the majority of their people’s tradi-
tional territory. Accordingly, they are poorly positioned to represent the
interests of subsistence producers.
That said, there are means by which the interests of hunters could be
better represented in the face of extractive capital. Mechanisms can be put in
place to increase local grassroots control over decisions related to extraction.
Community plebiscites regarding extractive proposals could serve to ensure
that grassroots consent—and not simply consultation—is necessary for land
claims corporations to support particular extractive projects. It is worth noting
that, in both of the cases that we document, grassroots activists campaigned
to increase community control over decisions related to extraction.
Second, grassroots organizing can be facilitated more broadly in Northern
Indigenous communities. Organizing politically, outside of the structures and
institutions of land claims agreements, can help communities obtain the
information and resources required to make decisions that balance their
needs for wage employment with the long-term viability of subsistence
production. Again, in both of the cases that we document, this work has
already begun.
Notes
1.
K. Marx, Capital Volume 1 (London: Penguin Books, 1976), p. 876.
2.
Marx, Capital
, p. 876.
3.
D. Harvey, The New Imperialism
(Oxford: Oxford University Press, 2003); S. Federici, Caliban
and the Witch: Women, the Body and Primitive Accumulation
(Brooklyn: Autonomedia, 2004).
4.
D. Harvey, The Limits to Capital
(Oxford: Blackwell, 1982), p. 437.
5.
For more on the mechanisms and implications of centralization, see F. Tester and P. Kulchyski,
Tammarniit (Mistakes)
(Vancouver: UBC Press, 1994); G. Wenzel, Animal Rights, Human
Rights: Ecology, Economy and Ideology in the Canadian Arctic
(Toronto: University of Toronto
Press, 1991); P. Usher, “Staple Production and Ideology in Northern Canada,” in W.H.
Melody, L. Salter, and P. Heyer, (eds.), Communications and Dependency
(Norwood: Ablex
Publishing, 1982). For more on conservation and dispossession, see P. Kulchyski and F. Tester,
Kiumajut (Talking Back)
(Vancouver: UBC Press, 2007); J. Sandlos, Hunters at the Margin:
Native People and Wildlife Conservation in the Northwest Territories
(Vancouver: UBC Press,
2007). For more on the antifur movement and the destruction of Indigenous simple
commodity production, see Wenzel, Animal Rights, Human Rights.
22
Studies in Political Economy
6.
Usher, “Staple Production and Ideology in Northern Canada.”
7.
P. Usher, “The Class System, Metropolitan Dominance and Northern Development in
Canada,” Antipode
8/3 (1976), pp. 28–32. See also H. Brody, The People’s Land: Inuit, Whites
and the Eastern Arctic
(Vancouver: Douglas & McIntyre Ltd., 1975); M. Watkins, (ed.), Dene
Nation: The Colony Within
(Toronto: University of Toronto Press, 1977); T. Berger, Northern
Frontier, Northern Homeland: The Report of the Mackenzie Valley Pipeline Inquiry
(Vancouver/Toronto: Douglas & McIntyre, 1988). R. Bone, The Geography of the Canadian
North
(Toronto: Oxford University Press Canada, 2001).
8.
Usher, “The Class System,” pp. 28–32. See also Brody, The People’s Land; Watkins, (ed.), Dene
Nation: The Colony Within;
Berger, Northern Frontier, Northern Homeland.
9.
Harvey, The New Imperialism
, p. 32.
10.
The issue of royalties and taxation of resource extraction also figures prominently in “devolu-
tion” agreements in the Territorial North. These agreements “devolve” federal responsibilities
over resources (management/regulation as well as royalties and taxation) to territorial govern-
ments. To date, agreements have been concluded with the Yukon Government and the
Government of the Northwest Territories. Nunavut is in the process of negotiating a devolu-
tion agreement with the federal government. These agreements presumably help the territories
capture monetary benefits from extraction. However, serious questions remain regarding
whether or not territorial and Indigenous self-government’s natural resource revenues associ-
ated with devolution will be offset by reductions in federal government transfer payments.
See J. Feehan, “Natural Resource Devolution in the Territories: Current Status and Unresolved
Issues,” in Abele, Courchene and Seidle, (eds.), Northern Exposure: Peoples, Powers and Prospects
in Canada’s North
(Montreal: Institute for Research on Public Policy, 2009); S. Irlbacher-
Fox, Finding Dahshaa: Self-Government, Social Suffering, and Aboriginal Policy in Canada
(Toronto/Vancouver: UBC Press, 2009).
11.
Brody, The People’s Land
; Usher, “The Class System”; Watkins, Dene Nation: The Colony
Within
; Berger, Northern Frontier, Northern Homeland.
12.
Berger, Northern Frontier, Northern Homeland
.
13.
Coates, Aboriginal Land Claims in Canada
(Toronto: Copp Clark Pitman, 1992); Berger,
Northern Frontier, Northern Homeland
; Usher, “Staple Production and Ideology in Northern
Canada.”
14.
T. Gordon, Imperialist Canada
(Winnipeg: Arbeiter Ring, 2010).
15.
T. Berger, Village Journey: The Report of the Alaska Native Review Commission
(New York: Hill
and Wang, 1985).
16.
Usher, “Staple Production and Ideology in Northern Canada,” p. 185; See also M. Mitchell,
From Talking Chiefs to a Native Corporate Elite: The Birth of Class and Nationalism Among
Canadian Inuit
(Montreal & Kingston, London, Buffalo: McGill-Queen’s University Press,
1996).
17.
Harvey, The Limits to Capital,
pp. 181–182.
18.
D. Harvey, The Condition of Postmodernity: An Inquiry Into the Origins of Cultural Change
(Walden, Oxford and Victoria: Blackwell, 1989); D. McNally, Another World is Possible:
Globalization and Anti-Capitalism
(Arbeiter Ring Publishing, 1996); S. Bunker and P.
Ciccantell, Globalization and the Race for Resources
(Baltimore, Maryland: The Johns Hopkins
University Press, 2005); D. Harvey, A Brief History of Neoliberalism
(Oxford and New York:
Oxford University Press, 2007).
19.
R. McPherson, New Owners in Their Own Lands: Minerals and Inuit Land Claims
(Calgary:
University of Calgary Press, 2003).
20.
McPherson, New Owners in Their Own Lands
.
21.
J. Hicks and G. White, Nunavut: Inuit Self-determination through a Land Claim and Public
Government?
in J. Dahl, J. Hicks, and P. Jull, (eds.), Nunavut: Inuit Regain Control of Their
Lands and Their Lives
(Copenhagen: International Work Group for Indigenous Affairs, 2000).
22.
“Proposed uranium mine wins KIA plaudits,” Nunatsiaq News
(7 November 2008).
23.
Nunavut Tunngavik Incorporated, “NTI grants uranium rights to Kaminak Gold
,
” Press
Release (7 February 2008).
24.
“Impact of Proposed Uranium Mine Concerns Baker Lake MLA, HTO,”
Nunatsiaq News
(5
June 2012).
25.
“Kivalliq Inuit org signs new IIBA for Meadowbank,”
Nunatsiaq News
(23 October 2012).
26.
Personal communication.
27.
See M. Sahlins, The Original Affluent Society. Stone Age Economics
(Chicago: Aldine-Therton,
1972).
23
Kulchyski and Bernauer / T R E AT I E S
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Studies in Political Economy
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