Paper short abstract:

This paper explores the consequences of Indigenous displacement from their territories.

Paper long abstract:

Fields of Refusal: The Consequences of Failing to Act

In Canada Indigenous rights are in part defined and delimited through litigation and negotiation, but the implementation and exercising of rights are highly contentious processes, often confounded by jurisdictional contests between federal and provincial governments over fiduciary responsibilities and pervasive systemic discrimination that devalues Indigenous knowledge and favours assimilation over recognition. The legitimacy of Canadian claims of sovereignty over Indigenous peoples and their lands are being challenged through Indigenous peoples' reinvigoration of their refusal to be denied, the successful pursuit of Treaty rights litigation, and the national movement of reconciliation. In response to the negative legacy of colonization, Indigenous communities across Canada are demanding not only participation in, but control over, the decision-making and institution-building processes that influence the quality of their lives and reflect their constitutionally and Treaty protected rights as Indigenous peoples.This paper explores the consequences of Indigenous displacement from their territories and assesses the potentials of current mobilizations of Indigenous and Settler treaty obligations, the Truth and Reconciliation Calls to Action, the United Nations Declaration on the Rights of Indigenous Peoples for addressing this deracination and in the making of viable tomorrows.