Abstract: The passage of the Native Title Act 1993 (Cth) brought with it much anticipation—though in reality, quite limited means—for recognizing and protecting Aboriginal peoples’ rights to land and water across Australia. A further decade passed before national and State water policy acknowledged Aboriginal water rights and interests. In 2015, the native title rights of the Barkandji Aboriginal People in the Australian State of New South Wales (NSW) were recognized after an eighteen-year legal case. This legal recognition represents a significant outcome for the Barkandji People because water and, more specifically, the Darling River, or Barka, is central to their existence. However, the Barkandji confront ongoing struggles to have their common law rights recognized and accommodated within Australian water governance regimes. Informed by literature relating to the politics of recognition, we examine the outcomes of government attempts at Indigenous recognition through four Australian water regimes: national water policy; native title law; NSW water legislation; and NSW water allocation planning. Drawing from the Barkandji’s experiences in engaging with water regimes, we analyze and characterize the outcomes of these recognition attempts broadly as ‘misrecognition’ and ‘non-recognition’, and describe the associated implications for Aboriginal peoples. These manifestations of colonial power relations, whether intended or not, undermine the legitimacy of state water regimes because they fail to generate recognition of, and respect for, Aboriginal water rights and to redress historical legacies of exclusion and discrimination in access to water.





Abstract: This dissertation is a study of the relations of Saugeen Ojibway Nation in
Southwestern Ontario with British and other European settlers, the British
colonial state and Canadian nation. It is committed to an illumination of the
experience of Indigenous peoples as waves of migrants surrounded and enclosed
them in new ways of life.

The dissertation draws partially on unpublished sources, and some material
culture, in particular wampum, but is principally based on published primary
sources including government letters, documents, and reports; settler diaries;
newspaper articles; school texts books; and Indigenous created records,
testimonials, and collections of interviews.

The Anishinaabe ways of living made them appear to be an obstacle to the aims
of settlers, the British Crown, and later Canadian government. The sections of the
dissertation examine key episodes: initial engagements between the Saugeen
Ojibway Nation and early settlers (1830s-1880s), pre-confederation land
treaties and the discontent they engendered (1836-1861), and the tragedy of the
Residential Schools (1830s-1960s), seeking to map a the evolution of
relationships between Canada and the Saugeen Ojibway Nation as Canada
increasingly sought to remove Indigenous peoples by way of either assimilation
or extermination.

But there was also, from the outset, an alternative experience of peaceful and
respectful coexistence, and the dissertation attempts, in all these sections, to
make this visible. Today, the population within Canadian borders is comprised of
sovereign Indigenous peoples, the descendants of settlers, and newcomers. The
thesis is intended to be a contribution to a new history of Canada as a shared
space.