Introduction: The Challenge of Indigenous Coexistence For Planning

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Chapter 1

Introduction: The Challenge of Indigenous


Coexistence for Planning

Dispossession, Planning and the Politics of Recognition

Indigenous peoples have been dispossessed – dispossessed of their lands, but


also of the political, cultural and socio-economic responsibility to govern those
lands according to customary ancestral law. These conditions of dispossession are
particularly prevalent in settler-colonial contexts, where generations of colonial
agents and migrants not only came to stay, but also worked to destroy and then
replace Indigenous ways of being with a new political-economic order (Wolfe
2006; Cavanagh and Veracini 2013). As scholars working in the growing field
of settler-colonialism studies note, these conditions are not confined to a discrete
historic event (Wolfe 2006), but rather form a ‘relatively secure or sedimented
set of hierarchical social relations that continue to facilitate the dispossession of
Indigenous peoples of their lands and self-determining authority’ (Coulthard 2014,
7, emphasis in original). In other words, the fact of Indigenous dispossession in
settler-colonial states is a contemporary phenomenon, and the conditions that
enable it are persistently reproduced.
An extraordinary struggle has been underway for decades in the face of these
conditions of dispossession, waged by Indigenous peoples in countless places
across the globe to reconstitute themselves as self-determining peoples with a
secure land base. This struggle has involved an encounter with settler-colonial
states, an encounter that demands recognition from those states as a fundamental
component of any effort to redress dispossession. The last 40 years has witnessed
the emergence of an array of regimes of Indigenous recognition around the world,
encompassing land settlements, treaties, reconciliation plans, compensation
packages, partnerships and agreements. Although not legally binding, the United
Nations Draft Declaration on the Rights of Indigenous Peoples provides some
indication of the nature of these claims and of the models developed in response.
It underscores the right of all peoples to self-determination in the pursuit of
economic, social and cultural development, as well as Indigenous peoples’ rights
to maintain and strengthen their relationships to their traditional territories.
These efforts to respond to Indigenous claims are particularly pronounced
in former British settler states (Australia, Canada, New Zealand and, to a lesser
degree, the United States), countries that share a similar colonial history and
similar systems of law. Many of these settler states have developed new legal and
political mechanisms for responding to these claims: treaty negotiations in Canada,
2 Planning for Coexistence?

Australia’s native title regime, and the Treaty of Waitangi in Aotearoa–New


Zealand are good examples. The language of rights and of rights-based recognition
dominates much of the international, national and sub-national discourse on how
settler states are responding to the claims Indigenous peoples are making. Planning
has been one of the important public policy arenas where these new mechanisms
have come to ground, and where other responses to Indigenous demands have
been developed.
These responses, both in planning and in the wider body politic of settler states
have attempted to settle the profoundly unsettling impact of Indigenous claims
on settler-colonial authority. Yet they have also reignited an essential tension
that lies at the heart of Indigenous-colonial relations between the sovereignty
of Indigenous law and its associated responsibilities toward unceded Indigenous
territories now enmeshed within settler-colonial jurisdictions, and the desire of
settler-colonial states to reconcile these unique place-based relationships within
existing colonial institutional and legal arrangements. As many Indigenous
scholars, activists and leaders have shown (Taiaike Alfred, Glen Coulthard, Irene
Watson, Aileen Moreton-Robinson, Michael Dodson, Patrick Dodson, Leanne
Simpson), Indigenous demands inherently challenge the underlying authority of
those very institutional and legal arrangements. Defining redress for dispossession
through the very instruments that constitute that dispossession in the first place
throws into sharp relief how the operations of colonial power are never transcended,
but simply change register and shape. Dene scholar, Glen Coulthard argues that
‘instead of ushering in an era of peaceful coexistence grounded on the ideal of
reciprocity or mutual recognition, the politics of recognition in its contemporary
liberal form promises to reproduce the very configurations of colonialist, racist,
patriarchal state power that Indigenous peoples’ demands for recognition have
historically sought to transcend’ (2014, 3, emphasis in original).
Given political and spatial characteristics, Indigenous demands place a
specific onus upon planning systems. Planning, as an arena where issues about
the use, management and future of place are contested, negotiated and settled
makes an obviously important site where the finer institutional, legal and land-
use arrangements of recognition are hammered out. It is not surprising then that
planning has come to be a key forum where the politics of recognition comes
to ground. Yet despite some fairly significant shifts, particularly in the field of
natural resource management planning, how the politics of recognition plays out
in different planning contexts and the factors that shape planning’s responses to
Indigenous demands are not widely discussed in planning research and practice
(Hibbard, Lane and Rasmussen 2008). Perhaps more importantly, planning as a
field of inquiry and practice has not yet sufficiently come to grips with its own
complicity in the ongoing fact of dispossession in settler-colonial states.
This book is about what happens when Indigenous demands for recognition of
coexisting political authority over territory intersect with environmental and urban
land-use planning systems in settler states. Taking the complicity of planning in
ongoing processes of Indigenous dispossession as a point of departure, this book
Introduction: The Challenge of Indigenous Coexistence for Planning 3

looks closely at where and how Indigenous demands have become part of land-
use planning systems and how those demands have been settled and managed. In
doing so, the book is also about how planning processes themselves become sites
for Indigenous resistance and resurgence, and the complex politics of recognition
that unfolds.

Contribution, Purpose and Framing of the Book

Recognition of cultural difference has been a debate within planning for a long
time; showing how this recognition unsettles the universalizing tendencies of
planning (Sandercock 2003, 1998a) creates space for a critical reflection on
the invisibility of certain cultural identities (Sandercock 1998b) and enables
analysis of the socio-economic and political impacts of exclusionary practices
(Hooper 1992; Sandercock and Forsyth 1992; Yiftachel 1998, 2009; Beebeejaun
2004; Harwood 2005). Cultural recognition often demands a more radical
line of questioning about how planners should understand and then act in
contexts of ‘deep difference’ (V. Watson 2006; see also Yiftachel 1998; Fenster
2003; Burayidi 2003; Beebeejaun 2004; Thomas 2000; Harwood 2005; Jackson
1997; Umemoto 2001; Porter 2006b). The onus Indigenous demands place upon
planning significantly overlaps with, but is also distinctly different from, the
recognition of other forms of cultural difference. For in contexts of Indigenous-
settler encounters, planning is confronted with substantively different ontological
and epistemological philosophies of human-environment relations, which give rise
to unique systems of governance and a deep sense of responsibility and connection
to places and the non-human entities that live in those places (see Alfred 1999;
Langton 2002; I. Watson 2002). Tom Trevorrow, a Ngarindjerri Elder, states it in
beautifully simple terms: ‘Our traditional management plan was: don’t be greedy,
don’t take more than you need and respect everything around you. That’s the
management plan – it’s such a simple management plan but so hard for people to
carry out’ (Murrundi Ruwe Pangari Ringbalin 2010).
Indigenous scholars of planning have sought to express these differences and
their implication for how planning is theorized and practised (see Jojola 2008;
Matunga 2013). These expressions position planning as an essential element of the
colonial project, directly implicated in the processes of Indigenous dispossession
and colonial conquest. A small body of work attends to this important point
(Porter 2010; Ugarte 2014; Dorries 2012; Stanger-Ross 2008), and has aimed to
expose how planning continues, in its contemporary practice and theory today,
to reproduce spatial relations in the interests of settler-colonial power (Lane and
Cowell 2001; Howitt and Lunkapis 2010; Yiftachel 2009; Porter 2010). This often
occurs in ways that erode Indigenous efforts to claim and reclaim their political,
cultural and economic sovereignties (Dorries 2012).
Acknowledging this erosion to be a real possibility in every planning situation,
a growing number of authors are exploring the ‘split personality’ (Hibbard, Lane
4 Planning for Coexistence?

and Rasmussen 2008) of planning in Indigenous contexts, highlighting the ways


planning might also be used to create space for the exercise of Indigenous self-
determination (Lane and Hibbard 2005; Zaferatos 2004) and the reclamation of
Indigenous modes of socio-spatial organization (Jojola 1998, 2003; Matunga
2013). Taking seriously that all outcomes and politics are contingent (they might
always have been different) points to the importance of conceiving planning as
a potentially transformative space. There are numerous compelling examples
of planning processes that have been able to catalyze deep, cross-cultural
learning about the legacies of colonialism and take significant steps toward the
improvement of community relations (see, for example, Dale 1999; Sandercock
and Attili 2010), if not the development of planning tools and practices that are
more responsive to Indigenous customary law. A substantial body of literature
and practice guides now exists, tracking how recognition of Indigenous rights and
title has led to increased engagement with Indigenous stakeholders (Berke et al.
2002), and providing guidance on new modes of planning governance including
the now well-established models of joint or co-management (Stevens 1997;
Borrini-Feyeraband, Kothari and Oviedo 2004; Howitt, Connell and Hirsch 1996;
Jaireth and Smyth 2003; Jentoft, Minde and Nilsen 2003; Lane and Williams
2008; Maclean, Robinson and Natcher 2014), or protection of cultural heritage
(Jones 2007). More recent work is showing how a more advanced and scaled-up
set of planning processes is now being conducted on a government-to-government
basis, where settler states and Indigenous peoples mutually recognize their
separate coexisting authority and create agreements to manage land-use planning
responsibilities (Barry 2011).
The vast majority of these examples relate to environmental planning and
natural resource management situations. The field has been much less responsive
to the questions posed by Indigenous claims and Indigenous customary law for
planning in urban contexts (for recent exceptions to this silence, see Porter 2013;
Porter and Barry 2015; Dorries 2012). This is curious, as there are a variety of
fields contributing to a rich set of debates that all speak very directly to planning
on these questions. For example, there is significant work on the specific needs
and socio-economic position of Indigenous people living in cities (Cardinal 2006;
Peters 2005, 2006; Walker 2003). There is also important work on questions of
urban governance, particularly about Indigenous self-government (Peters 1992;
Walker and Barcham 2010; Walker 2006) and what that means for municipalities
(Mountjoy 1999) and on urban citizenship debates (Wood 2003). Finally there is a
robust and long-standing debate about the cultural politics and political economy
of expressions of Indigenous identity and agency in the city as well as analyses
that position urbanization as a key colonial process (Jacobs 1996; Edmonds
2010; Pieris 2012; Porter and Barry 2015; King 1990; Shaw 2007; Yiftachel
and Fenster 1997), exposing how Indigenous people are often only engaged in
urban governance processes when their protest movements present significant
risks to the viability of major development projects (MacCallum Fraser and
Viswanathan 2013).
Introduction: The Challenge of Indigenous Coexistence for Planning 5

This book seeks to address these gaps, especially the paucity of planning
research on Indigenous recognition in urban contexts. To that end, the book speaks
directly to the practice and theorization of planning, drawing on debates, concepts
and theoretical lenses from a wide range of other fields. Our aim in this book is
to examine what actually happens when planning systems meet the claims and
struggles of Indigenous peoples, as well as when they interact with now well-
established settler-state mechanisms that purportedly seek to redress those claims.
We do this from three points of departure: First, that planning as it is conceived
and performed today in settler states is an innate part of the process that makes and
remakes colonial spatial and political authority normal and coherent. Planning was
intrinsically involved in historical processes of subjectification and dispossession,
and remains one of the key policy arenas in which states seek to resettle the surety
of their spatial jurisdictions. Second, that the variant of Indigenous recognition
that liberal states have widely adopted in response to Indigenous claims
reconfigures colonial domination and reproduces the conditions of dispossession.
Third, that neither of the first two points should be conceived as monolithic or
inevitable. The intersection of planning with Indigenous demands for recognition
of sovereign political and spatial jurisdictions has enormous transformative
potential. Understanding where that potential exists, how and when it can become
foreclosed, and how the demands of Indigenous people might more effectively be
used in planning for these ends requires a critical yet hopeful conceptual framing,
and a close empirical attention to actually existing interactions between planning
systems and Indigenous peoples.
This book adopts the struggle for coexistence as that critical yet hopeful
conceptual framing. As the title of the book suggests, when the actions and
agency of Indigenous demands can articulate planning as a practice and ethic of
coexistence, we contend that a more transformative politics of recognition becomes
possible. We use coexistence in this book as a normative, political and conceptual
position. It is especially insightful for its commitment to holding onto a deep
contradiction that underlies the contemporary situation of every settler-colonial
state: Indigenous people and non-Indigenous settlers co-occupy place, and yet they
do so in ways that are rarely common with each other, and often fundamentally
different (Howitt 2006). Coexistence, then, immediately signals the profound
challenge of, as Howitt calls it, ‘being-together-in-place’ (2006, 49) with an explicit
acknowledgement that the geographies of settler contexts are constructed through
‘social and geographical imaginaries in which the presence of others produces a
sense of place that is simultaneously of belonging and alienation’ (ibid.).
Coexistence, then, is a way of articulating a demand for sharing space in ways
that are more just, equitable and sustainable (Howitt and Lunkapis 2010). Such
an approach demands rejecting the politics of recognition that we have already
flagged as highly problematic; the sort inspired by the work of Indigenous scholars
in settler-colonial studies. Not only does coexistence require some kind of broadly
conceived mutual recognition (Tully 1995; Fraser 1995) but also an acceptance of
multiple and overlapping jurisdictions, where ontologically plural relations to and
6 Planning for Coexistence?

governance systems of place all have relevance and standing. Discomfort, unease
and unsettlement are the inevitable psychologies and practices that emerge from
a commitment to finding ways to accept and cherish these ‘strange multiplicities’
(Tully 1995). Conflict, incommensurability, ontological plurality and the
discomfort of unsettling tension are all essential, if not constitutive, elements of a
more progressive politics of recognition for planning.
How, then, to make this overarching political, ethical and normative frame
analytically and empirically operational? To enable the close examination of
actually existing interactions and politics of the unsettling and uncomfortable
demands Indigenous people make to planning, we use the language of the ‘contact
zone’. This is language we have adopted from American critical linguist Mary
Louise Pratt, who defines contact zones as ‘the social spaces where cultures
meet, clash and grapple with each other, often in contexts of highly asymmetrical
relations of power, such as colonialism, slavery or their aftermaths as they are
lived out in many parts of the world today’ (1991, 34). As discussed in previous
work (Barry and Porter 2012), thinking about planning and Indigenous peoples
as a ‘contact zone’ adds two important dimensions to how cultural difference has
hitherto been conceived in planning theory.
First, ‘contact zones’ orient attention toward the historically constituted
colonial power relations that bring such zones into existence. Far from being
simply ‘there’, contact zones are produced and mediated through the structural
conditions and agency of social actors, institutions and discourses. Given our focus
on land-use planning, we are particularly interested in the texts that define and
perform these (post)colonial contact zones. Planning, as a key instrument through
which the settler state organizes and standardizes socio-spatial orders, mobilizes a
suite of distinct discourses that are produced and reproduced through formal laws,
policies and procedures and that also circulate through the planning profession as
informal norms and codes of practice. Attempts by state-based planning agencies
to recognize the rights of Indigenous peoples are mediated by those socio-spatial
orders. Contact zones call our analytical attention, then, to questions about how
they come to be, why they appear in the shape that they do, and who is active in
producing and reproducing them. Moreover, Pratt’s underscoring of the ongoing
effects of historically constituted relations of power challenges us to think about
the conceptual and methodological tools that support rigorous analysis of the
inter-relationship between the textual and everyday practice of the contact zone.
Second, Pratt conceives of contact zones as ‘fundamentally asymmetrical’ and
open to all of the ambivalences of difference, expressions of power and modes
of manipulation that are observable in other domains. We see contact zones not
as solid sites inevitably heralding progress, but as fragile marginal spaces where
the ideals of radically democratic social relations are far from guaranteed. While
contact zones hold much potential for the negotiation of coexistence, they also
signify possibilities that (post)colonial voices, identities and differences will be
manipulated, dominated or categorically ignored. Contact zones keep us alert
to the potential for colonial power relations of marginalization and repression
Introduction: The Challenge of Indigenous Coexistence for Planning 7

to continue, and for existing planning laws, policies and procedures to erode
Indigenous claims.
The research presented in this book addresses three sets of interrelated questions
that establish the foundation for critical investigation of planning contact zones:

1. How do we see / conceive the spaces in which the struggle for coexistence
unfolds? How might we better understand and critically interrogate the
emergence and enactment of these zones of contact, as well as the everyday
practice of struggles and intercultural negotiations that occur within them?
2. What are the discourses, structures and materialities that shape planning
contact zones? How are the borders and spaces of the contact zone
negotiated and produced, and with what effect? Do these look different
between urban and environmental planning contexts?
3. What politics and practices might challenge and reconstitute the
fundamental asymmetry of the contact zone? How should we co-create
practices of coexistence and what are the implications for the recognition
of Indigenous rights and title in planning?

This book is grounded in two specific settler-state jurisdictions: Victoria,


Australia, and British Columbia (BC), Canada. The rationale for comparing these
two former British settler states lies partly in their strong historical similarities
and partly in the evolution of different ways of approaching recognition. Both
places were shaped by violent, colonial acts of dispossession and assimilation,
which stripped Indigenous peoples of land and political authority and sought to
destroy their cultural practices. Yet Indigenous peoples in both places continue to
assert their rights to land, as well as their political right to self-determination. And,
in both places, these struggles over land and authority are increasingly playing
out within the context of land-use planning, with individual planners (if not
entire planning systems) often struggling to address coexistence with Indigenous
customary law. These negotiations are ongoing and dynamic, and our interest in
Victoria and British Columbia is precisely because these are places where the
recognition of Indigenous rights and title is in flux, where Indigenous demands are
clear and present upon planning systems, and where the planning profession is still
trying to make sense of how to appropriately respond.
The comparative analysis of the two settler-state jurisdictions presented in
the book operates at two spatial and political scales. Planning contact zones are
produced at least partially at the state- or province-wide scale, where the legislative
and policy regimes of the state impose certain demands and expectations. A
significant component of this book, then, addresses this scale of jurisdiction. Yet
Indigenous struggles and demands are place-based, attending as they do to highly
specific spatial and political expressions of sovereignty. To understand how and
where moments of Indigenous engagement with planning arise and work, and what
they mean, we use local case studies; and so the book tells four different stories
of the engagement of Indigenous people with state-based planning. Two cases are
8 Planning for Coexistence?

located in Victoria: one urban case, that of the Wurundjeri people’s involvement in
urban planning processes in metropolitan Melbourne; and one environmental case,
that of the Wadi Wadi people’s experience of forestry and protected area planning
in northwest Victoria. Two cases are located in BC: one urban case, that of the
Tsleil-Waututh Nation’s relationship to strategic land-use planning conducted
by one of the municipalities operating on their territory; and one environmental
planning case, that of the Gitanyow Huwilp’s role in the development of a strategic
natural resource plan for the Nass River watershed in northwest BC. The locations
where these stories are unfolding are represented.
The terms used to describe Indigenous people, are highly across contexts
and sometimes contested even within and between the two jurisdictions we
discuss in this book. We have chosen to mostly use the term Indigenous rather
than Aboriginal where we are referring to a general identity position such as
‘Indigenous people and planning’. We use Aboriginal where that has been
requested by our participants or when we are referring to laws, politics and
reports that use that terminology explicitly. When we are discussing the cases
presented in this book, we use the specific name of the people: Wurundjeri, Wadi
Wadi, Tsleil-Waututh and Gitanyow.

Mildura

Wadi Wadi
(Nyah-Vinifera Park)

Victoria, Australia

Echuca

Bendigo

Ballarat Wurundjeri
(Melbourne)

Geelong Legend
Case Studies
Roads

Kilometers
0 20 40 80 120 160

Figure 1.1 Location of case studies in Victoria


Source: Map created by Fiona McConnachie for the authors
Introduction: The Challenge of Indigenous Coexistence for Planning 9

The following paragraphs provide a brief orientation to each of these Indigenous


groups, their story, and the very different state-based planning processes in which
each became involved.

Figure 1.2 Location of case studies in BC


Source: Map created by Krista Rogness for the authors
10 Planning for Coexistence?

Wurundjeri and Urban Planning in Melbourne

The Wurundjeri are descended from Wurundjeri-willam people of the Woiwurrung


language group. Wurundjeri country1 is now principally covered by the city of
Melbourne, Australia’s second largest city, and is therefore under heavy and
mounting pressure from rapid urban and housing development in the city’s
expanding growth corridors. The Wurundjeri people have long asserted their
continuing presence on country,2 through their representative body, the Wurundjeri
Tribe Land and Cultural Heritage Compensation Council Incorporated (hereafter
Wurundjeri Council). A principal activity of the Council is the protection of
cultural heritage, as well as land management, cross-cultural education and
training programs, cultural consultations, music, dance, language and naming. The
Wurundjeri story is about how, through the Council, they came to have significant
statutory powers over certain urban development applications on their country,
and what this highly regulatory form of recognition means.

Wadi Wadi and Co-Management of Nyah-Vinifera Park

The Wadi Wadi people are today made up of some 11 principal family groups
with links through key apical ancestors and deep ancestral connections to the
river red gum flood plains on both sides of the Murray River, which forms part
of the boundary between Victoria and New South Wales. A key place of focus
for the Wadi Wadi people is the Nyah-Vinifera Park, a 1,370-hectare reserve
located on the Victorian side of the river that includes unique examples of river
red gum trees, flood-plain biodiversity, and significant Wadi Wadi cultural sites.
Having fought a long battle against timber harvesting in the area, the Wadi Wadi
were instrumental in achieving a higher conservation status for Nyah-Vinifera
in 2009. These efforts led to a formal process of negotiating with the Victorian
State Government to agree to a co-management arrangement for governance of
the park. This process, involving a lengthy series of meetings and negotiations
with the Victorian Government’s planning and land management agency, has as
yet failed to produce an agreement. Although the negotiations are currently at a
standstill, the Wadi Wadi continue their struggle for recognition and for greater
control over the park.

1 The expression ‘country’ is used widely by Aboriginal and Torres Strait Islander
people in Australia to refer to the lands and waters to which they belong: a ‘place of origin
in spiritual, cultural and literal terms’ (Fredericks 2013).
2 To be ‘on country’ expresses a spatial and continuing relationship with those lands
and waters.
Introduction: The Challenge of Indigenous Coexistence for Planning 11

Tsleil-Waututh Nation and Joint Planning Initiatives with the District of


North Vancouver

The Tsleil-Waututh Nation, ‘the People of the Inlet’, is a Coast Salish Nation with
territories in metropolitan Vancouver, over which 17 different municipalities and
a regional authority all have overlapping jurisdiction. Tsleil-Waututh’s primary
reserve is immediately adjacent to the District of North Vancouver, one of several
municipalities within Metro Vancouver, BC’s largest city and the third most
populous metropolitan area in Canada. All of Tsleil-Waututh’s territory is under
increasing development pressure and Tsleil-Waututh Nation has been engaged
in a variety of initiatives to help them pursue their land-use interests, increase
their visibility and become a more integral player in what is going on around
them. These efforts have included the development of a bioregional atlas for their
traditional territory and the creation of internal policies that articulate how they
envision their relationship with businesses and government agencies operating
in their traditional territory. Tsleil-Waututh Nation has also been involved in
several joint planning initiatives with the District of North Vancouver, including
a municipal park planning process and the development of the municipality’s
Official Community Plan (OCP).

Gitanyow Huwilp and the Nass and Skeena River Watersheds

Located in the Nass and Skeena River Watersheds in northern British Columbia,
the Gitanyow is comprised of eight houses, or Wilp. Collectively known as the
Gitanyow Huwilp, these houses own and have authority over a defined territory,
or Lax’yip, and have been engaged in their own systems of land-use planning
since time immemorial. This work has continued right up to the present day,
including their most recent Wilp Sustainability Plan. The preparation of this
plan began with the establishment of a formal planning relationship with the
BC Provincial Government, and tied into two different provincial planning
instruments and processes. These processes culminated in the signing of a
Recognition and Reconciliation Agreement between the Gitanyow Huwilp and the
BC Government, which includes written management objectives and designated
resource management zones. Two key dimensions of the agreement are the
recognition of the Gitanyow’s traditional governance system and the maintenance
of ecological and socio-cultural well-being for each individual Wilp as a major
planning objective.

A Reflective Account of Our Research Methods and Procedures

In order to enable examination of planning contact zones at multiple scales, and


in different settings, our research design was structured around two interrelated
measures of analysis. We began with a detailed analysis of the settler-state
12 Planning for Coexistence?

documents that catalyze, and then powerfully shape, Indigenous recognition in


the structures and processes of state-based planning. Both Canada and Australia
adopt a federated system of governance in which the planning and regulation
of lands is primarily an area of provincial/state responsibility. As a result, we
focused significant attention on statutes, regulations and policy at the state/
provincial scale, being ever mindful that Victoria and BC have (to varying
degrees) created entirely different policy directions for land-use planning for built
and natural environments, with different government agencies overseeing their
implementation. The planning systems in both locations also allow for some level
of discretion (albeit with significant differences), which meant that the dataset also
needed to include non-statutory texts (for example, guidance notes, fact sheets
and best practice manuals). A total of 120 planning texts, across both jurisdictions,
were analyzed.
This analysis provided a clearer sense of how the contact zone was conceived
through the texts and helped to identify precisely where, to what degree and in what
ways Indigenous rights, title and interests were recognized. We paid particular
attention to when and at what stage Indigenous peoples were inserted into the
planning process, over what substantive planning issues, and with what powers
over intended process and outcomes of planning. We also looked for moments
when planning documents were cross-referencing the case law, statues and
policies that define the settler state’s understanding of Indigenous rights and title.
This textual analysis was structured through a series of linked questions. The first
was an essential temporal dimension: was the intersection of Indigenous interests
in planning seen as a product of a distant colonial past, or as an ongoing and
contemporary concern? The second was the political dimension: are Indigenous
people cast as ‘objects’ of planning, or as having their own agency in relation to
strategic planning processes and goals? In a final stage of analysis, we looked
at the spatial dimension of Indigenous recognition in planning systems. In what
kinds of places was a legitimate ‘Indigeneity’ enabled under the gaze of planning?
Was it tied to distinct sites or over entire territories? How was the relationship
of Indigeneity linked to property, and especially of Indigenous title to private
property rights?
This textual analysis was linked to and helped inform the second stage of the
research design: the selection, negotiation and analysis of the four case studies.
These cases were chosen because each represented not ‘planning as usual’ but
a situation where unusual levels of Indigenous recognition were in play, and
where it seemed that state-based planning agencies were being pushed by these
four nations in innovative or potentially transformative ways. Having identified
a number of possible case studies, we started to develop relationships with our
Indigenous research participants. An important element of the discussions that
unfolded was the identification of the formal mechanisms for engaging each of
the relevant governing bodies. After extensive negotiations with Chiefs, Elders,
Band Councils, professional officers and community members, we eventually
signed individual research agreements with each. Those research agreements
Introduction: The Challenge of Indigenous Coexistence for Planning 13

set out expectations and agreed-upon principles, covering intellectual property;


verification of results and sign-off of findings; dispute resolution; confidentiality;
reciprocity; and benefit sharing. Negotiations also dealt with funds to support and
recognize the participation of each nation, paid to each out of the project budget
from the funder, the UK’s Economic and Social Research Council.
Once the research agreements were in place, we undertook in-depth interviews,
collected relevant secondary documents and, in some cases, engaged in limited
forms of direct observation. A total of 57 interviews across all of the cases were
conducted with Indigenous and non-Indigenous informants directly involved in
each planning contact zone. These interviews included Indigenous Elders and
elected leaders, as well as any consultants and other advisors who supported their
participation in a state-based planning process. Interviews were also conducted
with state-based planners and other staff and elected officials involved in land-use
management. The interviews were semi-structured in nature, lasting between one
and two hours. All the interviews were transcribed, reviewed and approved by
the interviewee prior to analysis. Documents ranged from strategic plans, internal
reports and datasets where appropriate, Memoranda of Understanding or other
kinds of agreement between planning authorities and participant groups.
The interview transcripts and case-specific documents were examined to
construct a detailed narrative of the dynamics of each planning contact zone.
Analytically, we focused on the specific practices and strategies used by our
participants to catalyze the formation of a planning relationship between the
Indigenous nation and the relevant state-based planning agency and to expand
and/or deepen the scope of this planning contact zone once it was established.
Because of the political and potentially sensitive nature of our investigation, all
of the interviewees were given the opportunity to review their transcripts and
to modify or strike information. The broad narratives of each case study (which
became the basis of each of the four case study chapters in Part II) were presented
and workshopped with each Indigenous participant group to obtain feedback on
how we had understood and expressed their stories, and then to solicit approval.
These were robust discussions that, in most instances, led to some revisions in
our interpretation. Authorized representatives and/or the formal governing body
for each of the participating Indigenous groups approved the findings before
publication and dissemination of an online final project report. A final round of
review, modification and approvals was activated prior to publication of this book.
On many levels, this account of the process of recruiting case studies and
participants and collecting and analyzing data is insufficient. There were many
nuances in each of the stories about how we came to settle on a research protocol
with the people who agreed to work with us, and how the actual everyday work
in understanding the story of each unfolded. What sounds standardized and
relatively static in our account never actually felt or worked as such. We are not
at liberty to discuss many of these nuances as they would reveal sensitivities and
confidentialities that would contravene our principles as well as our agreements.
It is clear that the very activity of research with, about and for Indigenous
14 Planning for Coexistence?

peoples is itself contested around the very questions our research was focused on:
identity, positionality, power, relationships, agency and the politics of knowledge
production. Our own study tripped over, reified and reconstituted unequal
relations of power, resources and knowledge. It seems important, then, to offer a
brief reflection on how our own project proceeded and provide some reasons as
to why we proceeded in the way that we did. For we are mindful that, for good
reason, this field demands research practices that attend patiently and carefully
to these issues. Research agreements have become a relatively standard way to
proceed on these matters, and are now standard practice for Indigenous research
in Canada and Australia. More deeply, many Indigenous scholars and activists call
for fundamental changes in research procedures, to achieve a more ‘decolonizing’
approach to the production of knowledge with, about and for Indigenous peoples
(see, for example, Kovach 2009; Smith 1999; Wilson 2009).
Our own project is in many ways inadequate in relation to these imperatives.
As researchers, it was we who controlled the parameters of the study, the way the
funding and resources would be allocated, the questions being asked, the skills
in analysis and dissemination, and the ultimate outcomes. This was primarily
driven by practical reasons – a more grassroots, participatory methodology was
not practicable. The project was funded by the UK Economic and Social Research
Council, and both of us were based at the University of Glasgow. Conducting
research of this nature from such a distance presented enormous challenges –
practical and ethical alike. It was clear from the very outset that for reasons simply
of distance and communication we would need to proceed in a relatively top-
down way where we as researchers retained control over most aspects of the study.
We were as consultative, open and transparent as possible and have maintained
an ongoing relationship with each participant group over the years it has taken
to produce this book. We acknowledge the limitations and problems that our
approach signifies.

Structure of the Book

The book is organized into three parts. Part I sets the conceptual and methodological
framing, fleshing out the debates and challenges briefly discussed in this
Introduction. Chapter 2 addresses the core conceptual and material problematic
of the book: how to understand the tricky, seductive politics of recognition in the
contact zone. Beginning with a reading of Indigenous scholars and critics who
are unpacking this politics and its impacts on contemporary Indigenous lives, the
chapter then addresses the three linked problematics that arise when we take this
framing to the debates about recognition in planning contact zones: the liberal
framing of identity politics around rights, recognition and redistribution; the
move toward procedural remedies that seek to extend participation and inclusion
to Others claiming recognition; and the postpolitical fix of settling those claims
through consensus-based models. In Chapter 3, we flesh out a methodological
Introduction: The Challenge of Indigenous Coexistence for Planning 15

framework for studying planning contact zones. Arising from the ethical and
political orientations charted in Chapter 2, we look at how to understand and
frame contact zones as constructed by constellations of identity and power. The
analytical process used in our research was discourse analysis, and so the chapter
also provides a detailed discussion of this approach and how it was employed.
Chapter 4 presents our analysis of the broad state/province-scale discourses that
mediate planning contact zones in Victoria and BC. Sticking closely to the texts that
call-into-being and then perform the two social fields of planning and recognition,
we chart the underlying discursive threads that are recontextualized to mediate
the politics of recognition that unfold across the rest of the book. As we will show
in Chapter 4, while there are broad similarities between our two jurisdictions,
some important differences begin to help explain the different experiences and
outcomes in each.
Part II of the book focuses on the four case studies at the heart of this research
and as such presents four substantive separate chapters, presenting the story of
each of the Indigenous peoples with whom we worked. Chapter 5 is the story of
the efforts of the Wurundjeri Council to better control aspects of their cultural
heritage in the intensively developed environment of metropolitan Melbourne, by
using the tools and limited recognition available to find new ways of asserting
their interests. Chapter 6 is the story of the battle of the Wadi Wadi for Nyah-
Vinifera Park, in northwest Victoria. Having successfully fought an anti-logging
campaign and gaining higher conservation status for the park, the Wadi Wadi story
is ultimately one of frustration and courage as they continue to negotiate for a co-
management agreement over the park.
In Chapter 7 we move to BC and the story of the Tsleil-Waututh Nation in
another intensively urbanized context, that of Metro Vancouver. The story focuses
on the Nation’s engagement in two very different planning processes with the
District of North Vancouver. Chapter 8 is about the Gitanyow Huwilp and their
struggle for recognition and control of their lands and resources in the Nass River
watershed in northern BC. The story describes the twists and turns of their efforts
to achieve recognition of their political authority and their traditional planning
governance approach. All of these case studies follow a similar structure in that
they all highlight the catalysts, strategic actions and contextual factors that gave
rise to the enactment of these planning contact zones. Each chapter then progresses
through the development and everyday practice of each of these zones of contact,
drawing attention to key moments when boundaries were enforced, narrowed,
challenged, reinterpreted or transformed.
Part III places the four cases together in a comparative analysis. Drawing
together the essential details provided in each of the stories in Part II and also
in Chapter 4, and the conceptual framing established in Part I, we interrogate
the different dimensions of these four planning contact zones that arise.
Chapter 9 begins by identifying and linking the different expressions of agency
present within each of the case studies. Drawing together the different forms
of strategic actions that catalyzed and expanded each of the four contact
16 Planning for Coexistence?

zones, the chapter begins to theorize how the pursuit of coexistence unfolded
and where it was thwarted by pre-existing and highly resistant conceptions of
the desired process and outcomes of planning. This line of analysis is intended
to draw attention to the potential role of text and discourse, which is the subject
of Chapter 10. Here, the inter-relationship and recontextualization of the
discourses present with the state-based ‘systems’ of recognition of Indigenous
rights and title and the state-based systems of planning are analyzed, showing
how Indigenous peoples’ relationships to planning in each of our case contexts
are mediated. Importantly, this chapter shows the limits and costs to the politics
of recognition in planning contact zones.
In Chapter 11, we address the difficult problem of understanding the actions
of state-based planners in these planning contact zones and the intercultural
relationships that have emerged. Turning the standard idea of ‘capacity
development’ on its head, we show the urgency and importance of building
decolonizing intercultural capacity among non-Indigenous planning actors. The
concluding Chapter 12 draws the threads and debates of the book together and
attempts to tease out what it would take to puncture and transform the problematic
politics of recognition in planning contact zones as they are currently manifest
in settler states like Victoria and BC. Returning to the problem of the costs and
seductions of a liberal politics of recognition, we discuss what might be required
to imagine a planning for coexistence: a relational, decolonizing formulation of
planning where self-determining Indigenous peoples invite settler states to their
planning table on their own terms.

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