To Share, Not Surrender

Neil Vallance is an adjunct professor of law at the University of Victoria, undertaking ethno-historical research on Vancouver Island Treaty claims. Hamar Foster is a professor emeritus of law at the University of Victoria. He has co-edited five books and authored numerous articles on Aboriginal law and legal history. Graham Brazier is an independent scholar studying the human history of islands in the Salish Sea. John Lutz is a professor of history at the University of Victoria and author of Makúk: A New History of Aboriginal-White Relations. Peter Cook is an associate professor of history at the University of Victoria and has published in a variety of scholarly periodicals. Contributors: Keith Thor Carlson, Robert Clifford, Emchayiik Robert Dennis Sr., STOLCEL John Elliott Sr., Elmer George, Stephen Hume, Maxine Hayman Matilpi, Kevin Neary, Adele Perry, Sarah Pike, Chief Ron Sam, and Laura Spitz

Acknowledgments | Haichka

Foreword / Chief Ron Sam

Preface

Introduction / Graham Brazier, Peter Cook, Hamar Foster, John Lutz, and Neil Vallance

Part 1: First Nation and Colonial Understandings of Indigenous Land Rights

1 Note on the Early Life and Career of James Douglas / Graham Brazier

2 Indigenous Lands, Imperial Travels, and James Douglas / Adele Perry

3 More or Less Human: Colonialism, Law, and the Social Construction of Humanity on Vancouver Island, 1849–1864 / Laura Spitz

4 The Imperial Law of Aboriginal Title at the Time of the Douglas Treaties: What Was It? / Hamar Foster

Part 2: Treaty Texts

5 The Earliest First Nation Accounts of the Formation of the Vancouver Island (or Douglas) Treaties of 1850–1854 / Neil Vallance

6 First Nation Language Texts of the Vancouver Island Treaties

Introduction / Neil Vallance

SENĆOŦEN Language Treaty Text / STOLCEL John Elliott Sr.

Lekwungen Language Treaty Text / Elmer George

7 Huu-ay-aht t’ayii hawil (Head Chief) liishin’s Land Transaction with Government Agent William Banfield in 1859 / Kevin Neary

Part 3: The Beginning and End of Treaty-Making on Vancouver Island

8 Land, First Nations and James Douglas and the Background to Treaty-Making on Vancouver Island / Graham Brazier

9 The Rutter’s Impasse and the End of Treaty Making on Vancouver Island / John Sutton Lutz

Part 4: After the Treaties

10 “For Ever Removing the Fertile Cause of Agrarian Disturbance”: Governor James Douglas’ British Columbia Unsurveyed Land System / Sarah Pike

11 “The Last Potlatch”: James Douglas’ Vision of an Alternative Form of Settler Colonialism / Keith Thor Carlson

Afterword / Robert Clifford, Maxine Matilpi, and Stephen Hume

Appendix: Timeline / Hamar Foster and Neil Vallance

Index