Relevant Work Experience The major focus of my research has been on Aboriginal law, broadly understood in terms of constitutional law and international human rights law. It has focus on all aspect of law: aboriginal rights and tenure, treaty rights, and Indigenous jurisprudence, justice, education, health, development, traditional ecological knowledge, heritage laws, cultural revitalization, and sustainable communities. My research probes legal decisions, legislation, policy, program, and other administrative decision making. As a lawyer and research director I have worked with all Aboriginal national and provincial organization on constitutional issues and litigation, and policy development and most of the bands and communities. I have working as Constitutional Advisor, Continuing Committee on the Constitution
of Canada and Multilateral Meeting on the Constitution. I have worked on archival history, general
history, legal history, law, treaties, Indian policy, land claims, litigation strategy, human rights, tribal
codes and legislation in North and South America as well as heritage and cultural property studies for
United Nations Human Rights Centre. As I have learned to translate my academic knowledge into policy, practice and work. I have worked: Chair, Selection Committee for First Nations representative to First Nation Tax
Commission (2007); Member, Cultural and Communication Sector, Canadian Commission to UNESCO
(2009-00); Member, Four Direction Advisory Council (UN NGO) (2009-06); Member, First Nations
Governance Strategy Committee, AFN (2009-06); Member, Recognition and Implementation of First
Nation Government, AFN (2007-06); Member, Indigenous Bar Association, Aboriginal Convention on
Supreme Court of Canada and Court of Appeals, 2009-06; Advisor, First Nations Finance Authority and
First Nations Statistical Institute Act (Bill C-20) (2007-06); Working Committee, Creating 2nd UN
Decade of Indigenous People (2007-2004); AFN Strategy Committee: Declaration of rights of
Indigenous Peoples, UN Human Rights Council and UN General Assembly (2007-2006); Reviewer of
National Science Foundation (USA) on Native American Learning; Advisor, First Nations Finance
Authority and First Nations Statistical Institute Act (Bill C-20); Participant, European Union and Canada
Roundtable on Mechanism on Diversity, Royal Society of Canada, Oct 2005-02; Participant, One Earth,
One Universe Workshop, NASA, August-September, 2005; Participant, Indigenous Governance
Planning 2005 for International Alliance of Indigenous Governments; Writer, FSIN Land and Resources
Paper, 2006-5; Expert Advisor, Expert Advisory Group on International Instrument on Cultural
Diversity, Heritage Canada leading to UNESCO Convention on Cultural Diversity (2005-2002); Expert
Legal Advisor, AFN Joint Committee of Chiefs and Advisor or the Recognition and Implementation of
First Nations Government (2004-2005); Advisor, AFN Canadian Aboriginal Peoples Roundtable (20045); Indigenous Expert, Call of the Earth [Llama do de la Tierra], UN University; Advisor, NAHO and
AFN on NIHB Client Consent Form (2004-02); Delegate, Native American Academy, Developing
standard for scientific knowledge in Indigenous knowledge (Jan. 2004); UNESCO Draft Programe on
Philosophy; Advisory Group, Recognizing and Implementing First Nations Government (AFN-INAC)
May 2008-04; Draft Declaration of Indigenous Rights discussion, DFAIT ( 2004-1994); Consultant,
development of a comprehensive First Nations Health Research and Information Infrastructure (Dec.
2003); Delegate, National Gathering on Aboriginal Culture, Canadian Heritage, Whisler, BC (Dec.
2003) Consultation Report, PRE Consultation: Evolving the Tri-Council Policy Statement: Ethical
Conduct for Research Involving Humans (TCPS) to Better Meet the Needs of Canada’s Social Sciences
1 and Humanities (SSH) Communities (Aug-Sept, 2003);Mission Expert on Aboriginal rights,
International Commission of Jurists, (ICJ) (2003); Reviewer, “Leveraging Knowledge Assets—
Resolving Uncertainty for security Interest in Intellectual Property” for Law Commission of Canada (2224 May, 2003); Resolution Of Cultural Property Disputes. 7th International Law Seminar, Permanent
Court of Arbitration at the Peace Palace in The Hague (May 23 2003); Consultation Report, PRE
Consultation: Evolving the Tri-Council Policy Statement: Ethical Conduct for Research Involving
Humans (TCPS) to Better Meet the Needs of Canada’s Social Sciences and Humanities (SSH)
Communities (Aug-Sept, 2003); Invited Participant, Metropolis Project - European Commission Expert
Panel on Citizenship and Social Inclusion (October 28, 2002) Member, Advisory Committee on
Multiculturalism Strategies for Secretary of State Multiculturalism Jean Augustine (September 2002);
Member, Advisory Committee, Canadian Initiative on the UN World Conference Against Racism
(2002); Member, Combating Hate and Bias Activities. Interdepartmental Taskforce directed by Canadian
Heritage (2001-2000); Member, National Justice Institute, Aboriginal Law Advisory Committee (20012000); Member, Advisory Committee, Canadian Initiative on the UN World Conference Against Racism
(2001-2000); Member, Canadian Centre for Foreign Policy Development on Indigenous Heritage Rights
Indigenous Knowledge, and Foreign Policy (2001-1997); Member, Eminent Person Advisory of
Biodiversity Office, Environment Canada (2002-01); Participant and Organizer, Indigenous Dialogue on
Civilization for UNESCO (2001); Chief Advisor, Four Direction Council, a Non-GovernmentalOrganization [NGO] Status II representing indigenous peoples within the United Nations (2001- 1985);
Advisor, Preliminary working paper on Indigenous peoples and their relation to land, UN Commission
on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities (20001999); Advisor, Assembly First Nations and Indian Northern Affairs Canada Joint Initiative for Policy
Development for Lands and Trust Services (2000-1999); Advisor, Guideline and Principle for the
Protection of Heritage of Indigenous Peoples, UN Commission on Human Rights, Sub-Commission on
Prevention of Discrimination and Protection of Minorities (2000-1992);Advisor, Aboriginal Justice
Initiative, Department of Justice, Ottawa; Editorial Board, The Journal Of Indigenous Studies (19941988); Member, First Nations Gazette Editorial Board, Indian Taxation Advisory Board (2000-97);
Member, Subcommittee Foreign Affairs Minster Advisory Board, DFAIT (2004-1997); Member,
Drafting Team, Costa Rica Statement on Indigneous Education, Office Of The United Nations High
Commissioner For Human Rights, UN Technical Workshop On Research And Higher Education
Institutions And Indigenous Peoples San Jose, Costa Rica, (1999); Member, Drafting Team, Vienna
Conclusions and Recommendation of Globality and Global Ethics (1999); Member, Drafting Committee,
Principles and Guidelines of the Protection of Heritage of Indigenous Peoples, with the UN Special
Rapporteur Dr. Daes (1997-94); Planning Team, United Nations Select Committee, International Decade
of World Indigenous People (1996-1994); and Selected Representative, Aboriginal Officials and Federal
Officials Working Group on Draft Declaration (2000-1997).
In all of this work, I have been working within diverse institutional settings or partnership arrangements, learning about the challenges and opportunities of working across cultural, disciplinary, professional, and other differences. Working in diverse collaborative settings-­‐-­‐ intersectoral, intercultural, and interdisciplinary-­‐-­‐I have learned to value different knowledge economies, different ways of doing research, and the protocols of doing research in different Aboriginal communities. My research has been increasingly collaborative, interdisciplinary, intercultural and currently working on trans-­‐systemic synthesis of Aboriginal legal traditions with civil and common law 2 traditions. I was principle investigator with NAHO, First Nations Conceptual Frameworks and
Applied Models on Ethics, Privacy and Consent in Health Research and Information to Canadian
Institutes’ of Health Research (2006-03); a part of Cultural Appropriation project of SSHRC, with
CSRS at University of Victoria.(2007-2003); Animated Bundle Leader, Pedagogy of Professionals
and Practitioners and Aboriginal Learning, Aboriginal Learning and Knowledge Exchange
Centre, Canadian Council of Learning (2009-06) (This bundle is focused on comprehending their
achievements, the role of pedagogy in their achievements, and their need of learning new information
and knowledge in their professional practice and the knowledge society. It seeks to share knowledge on
the learning environments in professional colleges and practices that improves Aboriginal participation
in those professions.)
Most of my recent work has focused on finding what is wrong with the Eurocentic, knowledge,
humanities and law in relations to Indigenous peoples. Eurocentric knowledge have generated false,
dehumanizing, and damaging images of Indigenous peoples, conceptualizations of their society, and
traumatic omissions. For the last three decades, I have been studying how Eurocentric thought understands human being and answers the question of what is a human being? Legal theorists have to be concerned with the answer to this issue, because law and jurisprudence is solely about human and their activities. In Eurocentric theory, a human’s behavior is generally understood to manifest a particular dispositional causal schema, which is turn reflect a set of desires or preferences. In Eurocentric social sciences, humanities, lay and legal theories of human behavior is partial, it has a conceptual bias exist that tends to overstate the role of individual disposition—on an individual’s perceived desires, motivations, preferences, choices, and will—in accounting for conduct. These theories under-­‐appreciate the role of situation or context in accounting for human behavior. These theories recognize the role of situation role in human behavior only when it is palpable or when theorists are particularly motivated to do so. This conceptual bias in accounting for human behavior is strongly presumed to reflect freely willed, preference-­‐satisfying individual choice to under appreciated the very potent, though often unnoticed, influences of situation. These theories detached for place, situation, context, and ideologies, such as racism, colonialism, imperialism, oppression. As a consequence, Eurocentrism do not understand human or human diversity. Law and economic models of rational human conflict with recent theories of situational humanity of the social psychology and contextual analysis in law. This effects not only methods but perspectives. The established or innovative transdisciplinary methodologies and appropriate and
beneficial pedagogies, see especially “Postcolonial Indigenous Legal Consciousness” in 2002 1
Indigenous Law Journal at the University of Toronto Faculty of Law 1-56.
Existing studies in social science, humanity, and law suggest that that Eurocentric thought do not
comprehend Indigenous humanity at all. Scholarly efforts, with the exception of Mi'kmaw scholars and
some Native Studies programs, have been shielded from having to regularly confront either Indigenous
knowledge or humanities, thus ignoring core capacities that should inform the concept of human nature.
My research project has reveals some of the fundamental flaws, interpretive biases, and weaknesses of
social science and humanities in Canada. . Major outcomes of this research included:
• “Insights into First Nations Humanities”, (2006) The Australian Journal of Indigenous Education • “Thinking Place: Animating the Indigenous Humanities in Education” (2006) The Australian Journal of Indigenous Education with M. Battiste, L. Bell, L. Findlay, I. Findlay. 3 •
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Review of the UNESCO Executive Board and Director-­‐General Report on an Intersectoral Strategy on Philosophy for Canada (Feb, March 2005) First Nations inheritance: The Mi’kmaw model. In J. DeLloyd, G. & W. W. Pue (Eds.), Canada's legal inheritances (2001 pp.1-­‐31). Winnipeg, MB: Canadian Legal History Project, Faculty of Law, The University of Manitoba. “Challenges of Respecting Indigenous World Views in Eurocentric Education”, R. Neil, ed.
Voice of the Drum (Brandon: Kingfisher Publication, 2000) at 59-81.
Protecting Indigenous Knowledge and Heritage. A Global Challenge (Purich Publication, 2000) with M.A. Battiste “The Context of the State of Nature” in M. Battiste, ed. Reclaiming Indigenous Voice and Vision (U.B.C. Press, 2000) at 11-­‐38. “Post-­‐Colonial Ghost Dancing: the diagnosis of European Colonialism” in M. Battiste, ed. Reclaiming Indigenous Voice and Vision (U.B.C. Press, 2000) at 57-­‐76. “Post-­‐Colonial Ledger Drawing: Legal Reform” in M. Battiste, ed. Reclaiming Indigenous Voice and Vision (U.B.C. Press, 2000) at 161-­‐171, “Ayukpachi: Empowering Aboriginal Thought” in M. Battiste, ed. Reclaiming Indigenous Voice and Vision (U.B.C. Press, 2000) at 248-­‐79. “Protecting Indigenous Intellectual Property Rights And Freedoms”, Indigenous Intellectual Property Rights, (Jumbunna Institute, 2000) “Der Eurozentrische Monolog” Ethik Global: Illusion oder Realität (Vienna: Getgründet, 1999) at 124-­‐36. "The Struggle to Preserve Aboriginal Spiritual Teaching and Practices" in John P.S. McLaren
and N. Coward , eds. Religious Conscience, the State and the Law (SUNY Press 1998)
Report "Indigenous Heritage Rights in APEC" Canadian Centre for Foreign Policy Development,
DFAIT(1997)
"Indigenous Knowledge and Intellectual Property "for Indian and Northern Affairs, Canada.
Consulting and Professional Services Contract No. 95-0227 (reviewed by interdepartmental
Research Advisory Committee) 1996 with Ember Hampton.
Algonquian Spirituality: Balancing the Flux (epublish 1988) It is not enough to analyze the multiple ways in which colonial legacy continues to separate Indigenous and non-­‐Indigenous peoples and designate them as primitive and civilized. My published work has focused on developing the ways in which aboriginal and treaties are a path to constitutional rights to empower Aboriginal peoples. Major outcomes of this research included: • Treaty Rights in the Constitution of Canada, (Carswell 2007) Scholar Book Award,
Saskatchewan Book Awards
• First Nations Jurisprudence and Aboriginal Rights: Defining a Just Society (Native Law Centre,
Oct 2006) Short Listed, Education Prize and First Nations Prize (2007) Saskatchewan Book
Award (“This is a monumental work of jurisprudence, mirroring Indigenous knowledge and the
unfinished issue of reconciliation with the First Peoples of Canada. It is a work of academic
distinction and substance to last many generations”)
• Míkmaw Society v. Canada UN Human Rights Committee (Electronic Book on Native Law
Centre website, 2005)
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“Aboriginal Peoples of Canada perspectives on the Monarchy on The Queen’s Golden Jubilee.”
2003 13(1) Constitutional Forum 9-15
Aboriginal Tenure in the Canadian Constitution (Carswell, 2000) with Marj Benson and Isobel
Findlay (Best Academic Prize, 2000 Saskatchewan Book Award)
“Constitutional Powers and Treaty Rights,” 2000 63(2) Sask L. Rev. 719-49
Míkmaw Concordat, Halifax: Fernwood Press, 1997
International Context of Crown-Aboriginal Treaties in Canada with R.L. Barsh (RCAP CDROM Publications 1996)
Continuing Poundmaker & Reil's Quest 1994 (co-author with Richard Gosse and Roger Carter)
(College of Law, U.S. Purich Publishing)
The Mikmaq State Papers (Foreign Affairs) 1977-1990 (official papers of the Grand Council,
Union of Nova Scotia Indians 1990)(co-author with M.A. Battiste and R. Barsh)
The Secular Ulnapskok (with Joe B. Marshall U.N.S.I. PRESS, 1980)(1986 update with J.B.
Marshall)
The Road: Indian Tribes And Political Liberty (Berkeley University of California Press,
1980)(with R. Barsh)
While Canada has been created from First Nations treaties, government policies have largely ignored Aboriginal choice and the treaty provisions on education, despite their status in controlling imperial constitutional law. Today, the critically important postcolonial quest for Indigenous peoples is to bring their knowledge, their paradigms, and their practices fully into their children’s lives. Reclaiming, recovering, restoring, and renewing Indigenous peoples’ rights and humanities clearly constitute a revisionist project of great magnitude and equally great urgency. It is a research project that many Indigenous peoples have taken to all their sites of work and study, whether in the political activism of blockades on the roads, in protests in the waters, in the courts, and in schools and classrooms. And teachers and students everywhere need to be aware of its significance and potential benefit for all Canadians. The original failure of Canadian policies to perceive Indian education as a separate protected right deriving from nation to nation negotiations for equitable futures, and not just a colonial dominion over First Nations’ resources and lands, has created systemic discrimination against Aboriginal knowledge, heritage, and humanities in education and in society at large, see "Treaties and Indian
Education" in M. Battiste and J. Barmen, eds. First Nations Education In Canada: The Circle Unfolds
(Vancouver: U.B.C. Press 1995)
Moreover, since many First Nations students suffering from intergenerational trauma and self-­‐
estrangement from educational experiences with residential schools and other institutions, the Indigenous humanities needs to support and generate therapeutic jurisprudence and methodologies. My work has focus on developing therapeutic understandings, sensitivities and
knowledge(s), and to address the lack of hope among First Nations youth who drop out of school or who
find a lack of inspiration, engagement, and identity formation within (and beyond) education. My
research to displace the existing concept of human learning and being and find new ways of engaging
Aboriginal students’ understandings of their heritages, humanities, and identities. This transformative
initiative seeks to provide Aboriginal youth with a politics and pedagogy of hope and agency.
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“The Canadian Legislative Régime” in Justice as Healing: Indigenous Ways (Living Justice
Press, July 2005.)
“Exploring Justice As Healing” in Justice as Healing: Indigenous Ways (Living Justice Press,
July 2005) with Wanda D. McCaslin
“Warriors of Justice and Healing” in Justice as Healing: Indigenous Ways (Living Justice Press,
July 2005)
"Exploring justice as Healing" in Justice As Healing (Native Law Centre, Spring 1995).
Post World War II consciousness gave rise to the United Nations’ Declaration on Human Rights, (now the Convention on Human Rights), and to the independence of over 160 countries of the world (including the former British India) and the dismantling of the USSR, to post-­‐apartheid Africa. These events provide concrete evidence of the changing nature of geopolitics and global decolonization in the political realm. The unifying theme in these world events is an attempt to create a more just society and world order and an attempt to undo the damage done by colonialism and imperialism in the world. However, that liberating work remains incomplete today at many levels, as world attention continues to focus on ethnic wars and contested inequities. • REPORT, Engaging Indigenous Peoples in UNESCO Medium-Term Draft Strategy 31C/4
(2002-2007) for Canadian Commission of UNESCO for presentation at UNESCO Assembly
(August 2001)
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Report, Aboriginal Participation in Foreign Policy, for Center for Foreign Policy
Development, DFAIT (September 2001)
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Report, Aboriginal Peoples and World Conference Against Racism (Nov. 2000)
Working Group on Indigenous Population 1977 1982--1993
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Human Rights Commission: Denny v. Canada (1979-1984)
§ Marshall v. Canada (1984-
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Drafting Team, ILO No. 169: Indigenous and Tribal People Convention (1989)
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Drafting team WGIP Universal Declaration on the Rights of Indigenous Peoples
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Drafting Team report on Protection of the Cultural and Intellectual Property of
Indigenous People for Sub-Commission on Prevention of Discrimination and
Protection of Minorities.
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