TREE MUSEUM
CLOUDED
TITLE
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AN ART & RESEARCH PROJECT
STREET ROAD ARTISTS' SPACE
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TREE MUSEUM
LISTEN TO THE PANEL DISCUSSION >>>
Clouded Title is a series of workshops, interviews and exhibitions centred around ownership – its ambiguities, histories, and areas of contestation in relation to land. Different landholding models – especially those emphasizing social and ecological relationships over private possession – are explored.
In April 2018, Emily Artinian and Fawn Daphne Plessner hosted a one-day art & research workshop held at Pender Island's Community Hall. The event included a pop-up art exhibition featuring artworks by 10 artists. The workshop also included a live (phone) interview with the Indigenous legal scholar, Robert Clifford (Tsawout First Nation), who spoke about WSÁNEĆ Law and its core principles of reciprocal responsibility to non-human beings that are necessary for sustaining healthy relationships with other beings. Additionally, Artinian and Plessner chaired a panel discussion that brought together speakers Elder Earl Claxton Jr. (Tsawout First Nation), Mavis Underwood (then Elected Band Council Member, Tsawout First Nation) and David Boyd (environmental legal scholar and UN Special Rapporteur on Human Rights and the Environment). The panel discussed the complexities of the Douglas Treaty: North Saanich, the divergent interpretations and histories of the Treaty's making, and the widely differing notions of 'owning' land that are subtended by colonial and indigenous word views.
The event also marked the launch of an art intervention by Plessner, in the form of a newspaper, called Clouded Title (see the Tree Museum's Publications page for a pdf copy). The publication was distributed to all permanent residents' homes on Pender Island. It invited residents of the island to participate in a community thought experiment and to reflect on the implications of (purportedly) owning land within the unceded territory of the WSÁNEĆ First Nation People. The newspaper compared the (historical and current) claims of the Douglas Treaty: North Saanich to a WSÁNEĆ origin story of the birth of the islands. Each claim and phrase of the Treaty is examined and critiqued through writings by WSÁNEĆ and other First Nation authors revealing an important counter-narrative to settler beliefs about terra nullius and land possession. The newspaper also troubled the very notion of owning land (as a fungible asset) through an analysis of the WSÁNEĆ origin story by Robert Clifford, highlighting the important legal implications of that oral history and the nature of reciprocal relations and responsibilities to non-human kin enshrined within WSÁNEĆ Law.
Clouded Title expands on Street Road’s overall project of troubling received wisdom around the activity that enabled its inception: real estate investment and speculation. Clouded Title is a broad survey, taking in views from diverse groups to build a multi-perspectival understanding of ownership. Components and participants are added over time. For more information about Street Road's exhibition program visit streetroad.org
THE PANELISTS
EARL
CLAXTON JR.
Earl Claxton Jr. is an esteemed Elder of the SȾÁUTW̱ First Nation, W̱SÁNEĆ, and a plant knowledge keeper and community historian. He was an integral team member in the precedent-setting Claxton vs Saanichton Marina (1987) case which protected Saanichton Bay from development, ensuring a future for the fishery of the W̱SÁNEĆ people.
MAVIS UNDERWOOD
Mavis Underwood is a member of the W̱SÁNEĆ First Nation, and former elected Councillor for SȾÁUTW̱ First Nation. She has worked extensively on behalf of Indigenous children as a teacher and counsellor. She was the first Aboriginal Deputy Director of First Nations Child & Family Services and then Executive Director of NIL/TUO Child & Family Services. She holds a MA in Indigenous Governance and is currently working on a PhD in Anthropology.
DAVID BOYD
David Boyd is an expert on human rights and the environment, Associate Professor at the Institute for Resources, Environment and Sustainability at the University of British Columbia and Associate Professor, School of Public Policy and Global Affairs. He was the UN Special Rapporteur on human rights and the environment 2018-24.
WSÁNEĆ LANDS TRUST SOCIETY
The WLTS "provides a place for land to be returned to the WSÁNEĆ people who were stripped of their lands through colonization. WSÁNEĆ have had a sacred obligation to care for the land and waters since the beginning of time. These obligations were given to the WSÁNEĆ by XÁLS (the creator) and although limited, were fundamentally recognized through the creation of the 1852 Douglas Treaties. The ability to attract private land return opportunities is of particular importance to WSÁNEĆ because of high rates of private land ownership within WSÁNEĆ territory. This means there is very little land available for return through reconciliation processes with the Crown. The WLTS furthers this goal by accepting donations of land to WSÁNEĆ, restoring land harmed by colonization to ecological balance, and accepting monetary donations to facilitate their work" (WLTS).​