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Improvement doctrine of land ownership

Barkskins

The Improvement doctrine of land ownership makes visible the moral logic by which colonial settlers convert environmental transformation into a claim of property. In the novel, cutting forest, tilling soil, raising livestock, and building shelter are presented as evidence that land has been made useful and therefore belongs to the person who changes it. Against this standard, Mi’kmaq practices of hunting, fishing, gathering, and living within an animate natural world are declared unproductive—a judgment that helps turn the taking of their territory into an apparent right.

The Doctrine in Practice

When René Sel asks why settlers cut forest rather than build in existing clearings, Monsieur Trépagny answers that their purpose is to subdue the wilderness. He also describes New France’s river-to-forest land strips as an equitable arrangement: each settler receives fertile soil, high ground beyond floods, and woodland for timber and fuel. The practical value of this allocation is bound to a larger premise—that settlement means changing the land, and that such change distinguishes human life from an earlier, supposedly beastlike existence.

The doctrine’s force lies in making one kind of land use appear self-evidently legitimate. To cultivate, build, and cut is to demonstrate improvement; to gather food from forests and waters without enclosing or remaking them is treated as failure to use the land. The novel places this contrast in the language of ordinary instruction and religious judgment, showing how a property rule is also a hierarchy of ways of life.

Mi’kmaq Land Use and the Colonial Standard

Père Crème records the conflict in a letter to Sister Marguerite. He argues that land belongs to the person who improves it, invoking Scripture to support the claim that a settler who clears forest, builds a home, and shelters livestock has earned a God-given right to the cleared ground. In his account, Mi’kmaq people who fish and take animals and plants from the forest have done nothing to improve their land. He concludes that the French have earned moral title through labor, suffering, and removal from their homelands. The argument converts colonization into an award for effort while treating the people already living on the land as absent from the question of title.

The doctrine also rests on a selective understanding of usefulness. Père Crème describes Mi’kmaq time as organized around the seasonal abundance of animals, fruit, and fish, and notes their understanding of trees, plants, and animals as persons. He insists that trees are for human uses such as houses and ships and urges Mi’kmaq people to garden and grow grain. Their refusal to adopt those practices is then cited as evidence of laziness. The circular logic is consequential: the settlers define improvement by their own practices, then use Mi’kmaq difference from that definition to justify taking land.

The novel counters this judgment with concrete knowledge of place. Mari teaches René to use woven eel traps, supplies bait, and shows him where to set them; her knowledge makes the river a source of sustenance without clearing it into farmland. Later, she mourns woodland grottos and useful plants lost to settler industry. Such scenes do not treat the forest as empty or unused. They reveal forms of livelihood and knowledge that the doctrine excludes precisely because they do not resemble enclosure and cultivation.

Property, Law, and Dispossession

The language of improvement acquires legal force when land claims are recorded, inherited, or decided by colonial institutions. In one confrontation, Démon Meillard asserts that René Sel’s notarized title and will made Renardette his heir. He calls the Sel descendants who claim to be René’s children squatters and declares that the property belongs to Renardette, not to them. His appeal to the ledger and to white business turns documentary authority into a weapon against the family’s claim, even as Achille points out that the ledger also records René’s marriage to Mari under white law.

The Frost–Leighton trespass case offers a related example of the contested boundary between royal timber claims and private title. A royal license issued in 1730 authorized Ralph Gulston to cut mast pines on Maine land deemed Crown property in 1691. By the time William Leighton cut and hauled the pines in the winter of 1733–34, however, title had passed to John Frost, who sued him in 1734; the court found for Frost. The case shows that claims to forest resources depend not only on physical labor but on which dates, grants, and titles the law recognizes. In that system, the settlers’ legal contest over ownership does not resolve the deeper dispossession of Indigenous land.

A Counterclaim of Belonging

Mi’kmaq voices directly reject the premise that a French king could transfer their territory. When Sosep warns that the king has given their lands to the British, Theotiste answers that the land is theirs to begin with and not the king’s to give. The exchange exposes the sovereignty hidden beneath the doctrine: improvement presumes that the colonizing power may define, allocate, and transfer land, while the people whose country it is are left to contest decisions made without their authority.

Sosep describes the accumulating material effects of settlement. Cattle consume medicinal plants; pigs compete with Mi’kmaq women for clams, and one hog kills a toddler near the clam diggers. He sees settlers’ animals, boats, nets, and introduced plants taking food and space, and warns that a numerous population will become a wave sweeping over a smaller one. His account does not reduce the crisis to a disagreement about farming. It traces how a land-use doctrine, backed by settlement and expanding property claims, alters the conditions of survival.

Yet Sosep’s answer is not to define Mi’kmaq life by its losses. He urges his people to keep Mi’kmaq ways alive in their minds and lives, sustaining a world in which plants, animals, birds, and people are persons who help one another. The doctrine of improvement measures land by its conversion into settler property; Sosep’s counterclaim insists on relationship, shared life, and continuity. That conflict gives the rule its wider significance: it is at once an argument about ownership and a struggle over whose knowledge, labor, and way of belonging the law will recognize.