Fish, Law, and Colonialism

The Legal Capture of Salmon in British Columbia

By: Douglas C. Harris

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Paperback | 29 December 2001

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318 Pages

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22.8 x 15.2 x 1.7

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An engrossing history, "Fish, Law, and Colonialism" recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law.

Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines the contested nature of the colonial encounter on the scale of a river. In doing so, Harris reveals the many divisions both within and between government departments, local settler societies, and Aboriginal communities.

Drawing on government records, statute books, case reports, newspapers, missionary papers and a secondary anthropological literature to explore the roots of the continuing conflict over the salmon fishery, Harris has produced a superb, and timely, legal and historical study of law as contested terrain in the legal capture of Aboriginal salmon fisheries in British Columbia.

Industry Reviews

Fish, Law, and Colonialism: The Legal Capture of Salmon in British Columbia,by Douglas C. Harris, is a work of substantial empirical rigor and broad theoretical importance. -- Jeffery R. Dudas Law & Social Inquiry

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Acknowledgments	p. vii
Introduction	p. 3
Legal Capture	p. 14
Native Fisheries	p. 18
The Common Law of Fisheries	p. 27
Treaty Rights	p. 33
The Fisheries Act, 1877	p. 39
Salmon Fisheries Regulations, 1878	p. 44
Master and Servant Law in the Fisheries, 1877	p. 49
Increasing Surveillance, 1878-1887	p. 55
Native Fisheries Law	p. 61
Fishery Regulations, 1888	p. 66
Fishery Regulations, 1894	p. 69
Conclusion	p. 76
Fish Weirs and Legal Cultures on Babine Lake, 1904-1907	p. 79
Babine Lake and Its People	p. 80
A Permanent White Presence	p. 86
Departments of the Dominion	p. 90
Barricade Conflict, 1904	p. 92
Old Cannery Nets, 1905	p. 102
Barricade Conflict, 1906	p. 105
Surrender and Trial	p. 111
Ottawa Meetings	p. 113
Implementing the Agreement	p. 120
Conclusion	p. 125
The Law Runs Through It: Weirs, Logs, Nets, and Fly Fishing on the Cowichan River, 1877-1937	p. 127
The Cowichan River and Its People	p. 128
Land, Logs, Weirs, and a Settler Society	p. 136
Protests, Prosecutions, and the Sport Fishery	p. 142
Cannery Boats and Tourism	p. 159
Royal Commissions	p. 168
Reverse Onus, Prosecutions, Nets, and Weirs	p. 174
Conclusion	p. 180
Law and Colonialism	p. 186
Law and Colonialism, and British Columbia	p. 196
Anglo-Canadian Law and the British Columbia Fishery	p. 202
Native Law	p. 208
Conclusion	p. 214
Notes	p. 217
Bibliography	p. 271
Illustration Credits	p. 293
Index	p. 295
Table of Contents provided by Syndetics. All Rights Reserved.

Fish, Law, and Colonialism

The Legal Capture of Salmon in British Columbia

At a Glance

Paperback

Industry Reviews

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How to return your order

Defective items

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