Bayman’s Paradox

Tag: Section 35

Section 35

Newest posts tagged “Section 35”.
The Edit That Gave It Away: When “Private Property” Becomes “A Land Base”
Governance
By: Holly Revollàn-Huelin
Nov 3, 2025 • 7 min read
Part 3 of the "Nothing to do with Land" series. A quiet edit on social media exposed the larger truth behind Newfoundland’s latest self‑government rhetoric. When Penwaaq L’nu’k’s public post shifted from saying self‑government had “nothing to do with land” to declaring “we already have a land base,” the language itself became evidence of a jurisdictional pivot. This essay unpacks how that subtle rewording transformed private, corporately held property into the appearance of recognized Indigenous territory, despite no legal standing under Section 35 or the Indian Lands Registry. It situates the change within a broader pattern of narrative management—where reassurance gives way to redefinition—and traces how the same strategy has appeared in Labrador, the Qalipu enrolment process, and other soft‑sovereignty frameworks. Beneath the calm phrasing lies the blueprint for an evolving claim to authority on the Port au Port Peninsula. Read More...
The Edit That Gave It Away: When “Private Property” Becomes “A Land Base”
The Quiet Framework: How Self-Government Gets Built Behind Closed Doors
Governance
By: Holly Revollàn-Huelin
Oct 31, 2025 • 8 min read
Part 2 of the "Nothing to do with Land" series. This article exposes how self-government frameworks in Newfoundland are quietly constructed long before public consultation begins. Through funding streams labeled “capacity building” and “governance readiness,” Ottawa lays the legal and administrative groundwork without ever invoking the word “land.” Using federal programs, REDBs, and cultural grants, it shows how culture is transformed into jurisdiction behind closed doors. Drawing on academic sources and recent examples from western Newfoundland, the piece argues that what locals believe is “just heritage” is often the first phase of a full governance framework under Section 35. In the end, it reveals how bureaucratic silence becomes a form of legal consent—and why public denial only accelerates the plan. Read More...
The Quiet Framework: How Self-Government Gets Built Behind Closed Doors
When “Nothing to Do with Land” Still Means Land: How a Newfoundland Facebook Claim Collides with Canada’s New Court Precedent
Governance
By: Holly Revollàn-Huelin
Oct 28, 2025 • 9 min read
In October 2025, a Facebook page tied to Benoit First Nation and Jasen Benwah — Penwaaq L’nu’k – Kji-Wikuom — assured readers that “self-government has nothing to do with private or Crown lands.” It’s a comforting line, but legally false. Every self-government framework in Canada is rooted in land, because once the federal government recognizes a community under section 35, the discussion automatically moves into Crown-land jurisdiction.This piece explains why Newfoundland’s situation is no exception, and how the recent Cowichan Tribes v. Canada ruling in British Columbia shattered the idea that private property sits beyond Indigenous title. As the courts redefine ownership and governments scramble to catch up, the gap between “theory” and “fact” isn’t measured in years anymore — sometimes, it’s only a few hours. Read More...
When “Nothing to Do with Land” Still Means Land: How a Newfoundland Facebook Claim Collides with Canada’s New Court Precedent