Reconsidering Canada

Recognition at Last?

Episode 9 – Recognition at Last? How the Nisga'a Nation changed Canadian law—and why recognition wasn't enough. In 1973, the Supreme Court of Canada issued a landmark ruling in Calder v. British Columbia, a case that brought the concept of Aboriginal title into Canadian law for the first time. Led by Frank Calder and the Nisga'a Nation, the case challenged British Columbia's long-standing denial of Indigenous land rights and helped shift national policy toward negotiating land claims. But while Calder marked a turning point, it didn't deliver justice on its own. Recognition, it turns out, is not the same as restitution. In this episode, we trace the roots of the Nisga'a land struggle—from early petitions to Ottawa to the long legal battle—and unpack the legal, emotional, and political legacy of Calder. We explore what it means to be "recognized" in Canadian law, what was gained, and what remains withheld. Featured in this episode: – The story of Frank Calder and the Nisga'a Tribal Council – The 1913 Nisga'a Memorial to Prime Minister Laurier – Legal implications of the Calder decision – Reflections on the limits of recognition and what came next Resources & Further Reading: – Calder v. British Columbia (AG), [1973] S.C.R. 313 [https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/5113/index.do] – Nisga'a Lisims Government – www.nisgaanation.ca [https://www.nisgaanation.ca] – Hamar Foster, Letting Go the Bone: The Idea of Aboriginal Title in British Columbia, 1849–1927 [https://www.osgoodesociety.ca/book-author/hamar-foster/] – John Borrows, Recovering Canada: The Resurgence of Indigenous Law [https://utppublishing.com/doi/10.3138/9781487516581] – Audrey G. Richard's biography of Frank Calder (Dictionary of Canadian Biography) Content Warnings: This episode contains discussions of historical and ongoing colonial injustice, including references to land dispossession, systemic racism, and political marginalization of Indigenous peoples.

Unceded and Unsettled

Unceded and Unsettled: The Empty Promises of the Douglas Treaties What does it mean when land is called "unceded"? And what happens when treaties weren't real agreements at all? In this episode, we travel to Vancouver Island in the 1850s to examine the Douglas Treaties—short, one-sided agreements signed between the Crown and several Indigenous nations. Host Chris Bolster explores how these so-called treaties created the illusion of consent while paving the way for Crown land claims, resource extraction, and settler occupation. We also unpack the Royal Proclamation of 1763, the legal foundation of Indigenous title in Canadian law, and what the word "unceded" truly means—not as a metaphor, but as a legal and political reality that challenges Crown sovereignty to this day. This episode lays the groundwork for understanding Land Back not as a radical demand, but as a legal consequence of Canada's own unresolved obligations. Further Reading & Resources * Reynolds, Jim. Aboringinal Peoples and the Law (UBC Press, 2018) * Indigenous Foundations: The Royal Proclamation, 1763 [https://indigenousfoundations.arts.ubc.ca/royal_proclamation_1763/] * BC Treaty Commission: www.bctreaty.ca [https://www.bctreaty.ca] * Tuck, Eve & Yang, K. Wayne. Decolonization is not a metaphor (2012) * Talaga, Tanya. All Our Relations (2018) CBC Massey Lecture [https://houseofanansi.com/products/all-our-relations?srsltid=AfmBOoriDkhQN0o83ANuf4ZqjB73lmE8Xcha2BPxSkVsRBy4RWJJIBl9] ⚠️ Content Advisory This episode discusses colonial land theft, legal deception, and the historical dispossession of Indigenous peoples. Listener discretion is advised.

Staring Down the State

Episode 7: Staring Down the State What does real decolonization look like? In this episode, we return to the summer of 1990—to the barricades at Kanehsatà:ke and the standoff that came to be known as the Oka Crisis. Through archival reflections and critical scholarship, we unpack what that moment revealed about Canada's colonial foundations—and how its lessons still resonate. We hear from historian Sean Carleton, who reflects on Prime Minister Brian Mulroney's response to the crisis and the lasting legacy of military intervention against Indigenous land defenders. We explore the meaning of Land Back, the resistance at 1492 Land Back Lane, and the way settlers have co-opted and diluted the language of decolonization. And we listen to Ellen Gabriel, a Mohawk activist who stood at the front lines in 1990, describe what that moment stirred in Indigenous communities across Turtle Island. This episode challenges symbolic reconciliation and asks: What are settlers actually willing to give up? Resources & Further Reading: * Tuck, Eve, and K. Wayne Yang. Decolonization is not a metaphor. (2012) [https://clas.osu.edu/sites/clas.osu.edu/files/Tuck%20and%20Yang%202012%20Decolonization%20is%20not%20a%20metaphor.pdf] * Yellowhead Institute. Red Paper: Land Back (2019) [https://redpaper.yellowheadinstitute.org/] * Carleton, Sean. "Brian Mulroney's complicated legacy on Indigenous rights." Global News (2024) [https://youtu.be/-yDMUX59f78?si=0igv9HgFL2dKDCcj] * Gabriel, Katsi'tsakwas Ellen, and Sean Carleton. When the Pine Needles Fall: Indigenous Acts of Resistance. Toronto: Between the Lines, 2024. * CBC Archives. Oka Crisis: 78 Days of Resistance [https://www.cbc.ca/news/canada/montreal/oka-crisis-timeline-summer-1990-1.5631229] * APTN News. 2024. "Ellen Gabriel and the 'Watershed Moment' That Was the Siege of Kanehsatà:ke." YouTube video, March 2024. https://www.youtube.com/watch?v=bCMGYTvnB8E [https://www.youtube.com/watch?v=bCMGYTvnB8E] * 1492 Land Back Lane: The Walrus: Standoff at 1492 Land Back Lane [https://thewalrus.ca/standoff-at-1492-land-back-lane/] Content Note: This episode contains references to police violence, state surveillance, and the deployment of military force against Indigenous land defenders. Listener discretion is advised. Music in this episode by Blue Dot Sessions Licensed under a Creative Commons Attribution-NonCommercial License. Visit www.sessions.blue [https://www.sessions.blue] to learn more. Reconsidering Canada is written and produced by Chris Bolster.

You Didn't Settle Anything, Right?

"I didn't settle anything." It's one of the most common things settlers say when the topic of colonialism comes up. But the truth is, being a settler isn't about what your ancestors did. It's about where we stand now—and how we benefit from a system built on dispossession. In this episode of Reconsidering Canada, host Chris Bolster explores what it means to be called a "settler" in a country that calls itself post-colonial. We examine how treaties were broken, land was redistributed, and stories were built to obscure the truth. Through the lens of the Papaschase Cree, the Dominion Lands Act, and contemporary reflections on race, immigration, and inherited position, we ask: What kind of settler are you willing to be? This isn't about shame—it's about responsibility. And it begins with facing the story we were never meant to see ourselves in. Content Warning: This episode includes discussion of colonial violence, land dispossession, residential school legacies, and intergenerational trauma. Please take care while listening. Credits: Reconsidering Canada is written and hosted by Chris Bolster. Theme music: "In Passage" by Blue Dot Sessions Production and editing by Chris Bolster Further Learning: * Dominion Lands Act – Library and Archives Canada [https://www.bac-lac.gc.ca/eng/discover/land/land-grants-western-canada-1870-1930/Pages/land-grants-western-canada.aspx] * Chelsea Vowel, "Beyond Territorial Acknowledgements" [https://apihtawikosisan.com/2016/09/beyond-territorial-acknowledgments/] (âpihtawikosisân) * Papaschase History – papaschase.ca [https://papaschase.ca/history] * Unsettling the Settler Within by Paulette Regan [https://www.ubcpress.ca/unsettling-the-settler-within] * Indigenous Writes by Chelsea Vowel [https://www.indigo.ca/en-ca/indigenous-writes-a-guide-to-first-nations-metis-inuit-issues-in-canada/9781553796800.html]

The Reconciliation Industry?

When two BC MLAs dismissed Indigenous sovereignty as "unfounded" and described reconciliation as an "industry," they weren't just engaging in political rhetoric; they were defending colonialism. In this episode of Reconsidering Canada, host Chris Bolster unpacks the backlash, dissects the myths, and challenges the growing movement of settler denial dressed up as common sense. We examine the legal foundations of Indigenous sovereignty, revisit BC's history of treaty refusal, and trace how colonial erasure is being reframed as inclusion. Reconciliation isn't a scam; it's a responsibility. Referenced Sources & Further Reading: Armstrong and Brodie's May 12, 2025 Statement: Okanagan MLA doubles down on claims about 'reconciliation industry' – Castanet [https://www.castanet.net/news/Kelowna/549960/Okanagan-MLA-doubles-down-on-claims-about-reconciliation-industry-] BC's Colonial Legacy & Treaty Refusal: * Trutch's Refusal to Acknowledge Aboriginal Title [https://en.wikipedia.org/wiki/Joseph_Trutch] * A History of Aboriginal Title - UBC [https://indigenousfoundations.arts.ubc.ca/aboriginal_title/] * Stolen Lands, Broken Promises - Union of BC Indian Chiefs [https://www.ubcic.bc.ca/stolenlands_brokenpromises] Indigenous Sovereignty in Law: * Section 35 of the Constitution Act, 1982 [https://indigenousfoundations.arts.ubc.ca/constitution_act_1982_section_35/] * Tsilhqot'in Nation v. British Columbia – SCC Decision [https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/14246/index.do] * BC UNDRIP Legislation (DRIPA) [https://www2.gov.bc.ca/gov/content/governments/indigenous-people/new-relationship/united-nations-declaration-on-the-rights-of-indigenous-peoples] Health Disparities and the Toxic Drug Crisis: * First Nations Health Authority – 2023 Vital Statistics Report [https://www.fnha.ca/about/news-and-events/news/update-on-health-indicators-of-first-nations-peoples-in-bc] * First Nations and the Toxic Drug Poisoning Crisis in BC [https://www.fnha.ca/Documents/FNHA-First-Nations-and-the-Toxic-Drug-Poisoning-Crisis-in-BC-Jan-Dec-2023.pdf] * TRC Calls to Action [https://nctr.ca/publications-and-reports/reports/] For Further Learning: * Yellowhead Institute – Red Paper: Land Back [https://redpaper.yellowheadinstitute.org/] * First Nations Caring Society (Cindy Blackstock) [https://fncaringsociety.com/] * Union of BC Indian Chiefs – Sovereignty Resources [https://www.ubcic.bc.ca/online_resources] Want to take action? Check out the resource links above for places to donate, learn, and support Indigenous-led movements. If you found this episode meaningful, share it, discuss it, and challenge the backlash when you hear it.