Searching for Guarantees in the Midst of Uncertainty: Negotiating Aboriginal Rights and Title in British Columbia

In this article, I analyze the concern over the concept of “certainty” in relation to Aboriginal rights, treaties, and economic prosperity in the province of British Columbia, Canada. In the context of treaty negotiations in British Columbia, certainty requires that the Aboriginal rights of a First Nation be legally transformed into a set of treaty rights. This transformation moves these rights from a state of “uncertainty” to a state in which they are “certain,” and is said to encourage investment in resource industries like forestry and mining. I argue that treaty negotiations are a form of governmentality that helps regulate a population, mediates between Aboriginal‐rights claims and the demands of global capital, and produces effects of state sovereignty. I also argue that the focus on undefined Aboriginal rights as the source of economic uncertainty fails to acknowledge the lack of certainty inherent within capitalism.