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Sub‐surface Property, Free‐entry Mineral Staking and Settler Colonialism in Canada
Author(s) -
Hoogeveen Dawn
Publication year - 2015
Publication title -
antipode
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 2.177
H-Index - 98
eISSN - 1467-8330
pISSN - 0066-4812
DOI - 10.1111/anti.12095
Subject(s) - ideology , indigenous , property (philosophy) , colonialism , property rights , law and economics , political science , law , property law , sociology , political economy , politics , epistemology , philosophy , ecology , biology
This article examines mineral rights and claim staking in northern Canada, with a focus on settler colonialism and how liberal understandings of property are embedded in the legal geography of the right to explore for minerals. The history of these legal systems is explained through the “free‐entry” principle understood as the right to stake a mineral claim without consulting with private landholders or Indigenous peoples. Free‐entry debate highlights how ideologies of property are assumed neutral through staking regulations. Based on an analysis of interviews with key informants involved in mining regulation, I analyze the geographic stratification of land into two categories, above and below the surface, as an avenue to understand how dominant ideologies of property reveal a critical site of contestation.

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