Reclaiming Anishinaabe Law
Reclaiming Anishinaabe Law

Author: Leo Baskatawang

Publisher: Univ. of Manitoba Press

Published: 2023-03-31

Total Pages: 239

ISBN-13: 1772840270

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A manifesto for the future of Indigenous Education in Canada In Reclaiming Anishinaabe Law Leo Baskatawang traces the history of the neglected treaty relationship between the Crown and the Anishinaabe Nation in Treaty #3, and the Canadian government’s egregious failings to administer effective education policy for Indigenous youth—failures epitomized by, but not limited to, the horrors of the residential school system. Rooted in the belief that Indigenous education should be governed and administered by Indigenous peoples, Baskatawang envisions a hopeful future for Indigenous nations where their traditional laws are formally recognized and affirmed by the governments of Canada. Baskatawang thereby details the efforts being made in Treaty #3 territory to revitalize and codify the Anishinaabe education law, kinamaadiwin inaakonigewin. Kinamaadiwin inaakonigewin considers education wholistically, such that it describes ways of knowing, being, doing, relating, and connecting to the land that are grounded in tradition, while also positioning its learners for success in life, both on and off the reserve. As the backbone of an Indigenous-led education system, kinamaadiwin inaakonigewin enacts Anishinaabe self-determination, and has the potential to bring about cultural resurgence, language revitalization, and a new era of Crown-Indigenous relations in Canada. Reclaiming Anishinaabe Law challenges policy makers to push beyond apologies and performative politics, and to engage in meaningful reconciliation practices by recognizing and affirming the laws that the Anishinaabeg have always used to govern themselves.

Indigenous Legal Traditions
Indigenous Legal Traditions

Author: Law Commission of Canada

Publisher: UBC Press

Published: 2008

Total Pages: 189

ISBN-13: 0774855770

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The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Kayanerenkó:wa
Kayanerenkó:wa

Author: Kayanesenh Paul Williams

Publisher: Univ. of Manitoba Press

Published: 2018-10-26

Total Pages: 666

ISBN-13: 0887555543

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Several centuries ago, the five nations that would become the Haudenosaunee—Mohawk, Oneida, Onondaga, Cayuga, and Seneca—were locked in generations-long cycles of bloodshed. When they established Kayanerenkó:wa, the Great Law of Peace, they not only resolved intractable conflicts, but also shaped a system of law and government that would maintain peace for generations to come. This law remains in place today in Haudenosaunee communities: an Indigenous legal system, distinctive, complex, and principled. It is not only a survivor, but a viable alternative to Euro-American systems of law. With its emphasis on lasting relationships, respect for the natural world, building consensus, and on making and maintaining peace, it stands in contrast to legal systems based on property, resource exploitation, and majority rule. Although Kayanerenkó:wa has been studied by anthropologists, linguists, and historians, it has not been the subject of legal scholarship. There are few texts to which judges, lawyers, researchers, or academics may refer for any understanding of specific Indigenous legal systems. Following the United Nations Declaration on the Rights of Indigenous Peoples, and a growing emphasis on reconciliation, Indigenous legal systems are increasingly relevant to the evolution of law and society. In Kayanerenkó:wa: The Great Law of Peace Kayanesenh Paul Williams, counsel to Indigenous nations for forty years, with a law practice based in the Grand River Territory of the Six Nations, brings the sum of his experience and expertise to this analysis of Kayanerenkó:wa as a living, principled legal system. In doing so, he puts a powerful tool in the hands of Indigenous and settler communities.

Recovering Canada
Recovering Canada

Author: John Borrows

Publisher: University of Toronto Press

Published: 2002-01-01

Total Pages: 332

ISBN-13: 9780802085016

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John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach.

The New Buffalo
The New Buffalo

Author: Blair Stonechild

Publisher: Univ. of Manitoba Press

Published: 2006

Total Pages: 201

ISBN-13: 088755377X

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Post-secondary education, often referred to as "the new buffalo," is a contentious but critically important issue for First Nations and the future of Canadian society. While First Nations maintain that access to and funding for higher education is an Aboriginal and Treaty right, the Canadian government insists that post-secondary education is a social program for which they have limited responsibility. In "The New Buffalo, "Blair Stonechild traces the history of Aboriginal post-secondary education policy from its earliest beginnings as a government tool for assimilation and cultural suppression to its development as means of Aboriginal self-determination and self-government. With first-hand knowledge and personal experience of the Aboriginal education system, Stonechild goes beyond merely analyzing statistics and policy doctrine to reveal the shocking disparity between Aboriginal and Canadian access to education, the continued dominance of non-Aboriginals over program development, and the ongoing struggle for recognition of First Nations run institutions.

The Clay We Are Made Of
The Clay We Are Made Of

Author: Susan M. Hill

Publisher: Univ. of Manitoba Press

Published: 2017-04-28

Total Pages: 245

ISBN-13: 088755458X

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If one seeks to understand Haudenosaunee (Six Nations) history, one must consider the history of Haudenosaunee land. For countless generations prior to European contact, land and territory informed Haudenosaunee thought and philosophy, and was a primary determinant of Haudenosaunee identity. In The Clay We Are Made Of, Susan M. Hill presents a revolutionary retelling of the history of the Grand River Haudenosaunee from their Creation Story through European contact to contemporary land claims negotiations. She incorporates Indigenous theory, fourth world post-colonialism, and Amerindian autohistory, along with Haudenosaunee languages, oral records, and wampum strings to provide the most comprehensive account of the Haudenosaunee’s relationship to their land. Hill outlines the basic principles and historical knowledge contained within four key epics passed down through Haudenosaunee cultural history. She highlights the political role of women in land negotiations and dispels their misrepresentation in the scholarly canon. She guides the reader through treaty relationships with Dutch, French, and British settler nations, including the Kaswentha/Two-Row Wampum (the precursor to all future Haudenosaunee-European treaties), the Covenant Chain, the Nanfan Treaty, and the Haldimand Proclamation, and concludes with a discussion of the current problematic relationships between the Grand River Haudenosaunee, the Crown, and the Canadian government.

Daniels v. Canada
Daniels v. Canada

Author: Nathalie Kermoal

Publisher: Univ. of Manitoba Press

Published: 2021-04-23

Total Pages: 336

ISBN-13: 088755931X

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In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were “Indians” under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are “owed.” Attention to Daniels v. Canada’s variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding “law” beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.

Decolonizing Discipline
Decolonizing Discipline

Author: Valerie E. Michaelson

Publisher: Univ. of Manitoba Press

Published: 2020-09-04

Total Pages: 280

ISBN-13: 0887558674

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In June 2015, Canada’s Truth and Reconciliation Commission released 94 Calls to Action that urged reform of policies and programs to repair the harms caused by the Indian Residential Schools. "Decolonizing Discipline" is a response to Call to Action 6––the call to repeal Section 43 of Canada’s Criminal Code, which justifies the corporal punishment of children. Editors Valerie Michaelson and Joan Durrant have brought together diverse voices to respond to this call and to consider the ways that colonial Western interpretations of Christian theologies have been used over centuries to normalize violence and rationalize the physical discipline of children. Theologians, clergy, social scientists, and First Nations, Inuit, and Métis leaders and community members explore the risks that corporal punishment poses to children and examine practical, non-violent approaches to discipline. The authors invite readers to participate in shaping this country into one that does not sanction violence against children. The result is a multifaceted exploration of theological debates, scientific evidence, and personal journeys of the violence that permeated Canada’s Residential Schools and continues in Canadian homes today. Together, they compel us to decolonize discipline in Canada.

Freedom and Indigenous Constitutionalism
Freedom and Indigenous Constitutionalism

Author: John Borrows

Publisher: University of Toronto Press

Published: 2016-05-12

Total Pages: 382

ISBN-13: 1442630957

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Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.