#
Person(s)
Responsible
Author/
Reading
Summary
Principles
1
James
John Borrows,
Chapter Two:
1. Sacred Law: Stories about the Creator
2. Natural Law: Observations of the physical world around them
3. Deliberative Law: law developed through people talking with one
another
4. Positivistic Law: rely on the authority and intelligence of those who
issue them
5. Customary Law: practices developed through repetitive patterns of
social interaction
Introductions- key to introduce yourself by saying who your family is and
your territory - to demonstrate interconnectedness; to truly know a
person, you need to know their interconnectedness… their family and
community – to pay respect to the land but also your land is mother
earth, your family member, one of your relatives and a member of the
community
Retroduction: Story of the otters and the crows/seagulls- seagulls/crows
fighting over food; otters work together to secure food for group
- introductions; demonstrate your interconnectedness bc to truly
know someone, you need to know their interconnections
- working cooperatively means living a better life
- live in harmony instead of living in an adversarial way.
- work together for sustenance and in harmony
- we can take normative principles away from observing the
interactions of nature
Birch tree keeps bragging about how his gifts are superior
to others. He angers the other tree- the white pine gets so
angry that he scratches the birch tree.
- Story teaches you about being humble and not arrogant
- Everyone has different gifts - your gift does not make you better or
entitle you to bragging.
- Other entities have gifts that are just as valuable as yours. Be a
good relative and appreciate other people’s gifts rather than
thinking you are superior. This will be more fulfilling and make
others feel appreciated rather than irritated
In this reading we go through the Seven Grand Father Teachings
- Law is ultimately planted within us
- We must learn to treat each other in light of the seven
grandfather teachings. Treat each other with Wisdom, respect,
love, bravery, truth, humility and courage
1. To cherish knowledge is to know wisdom
2. To know love is to know peace.
3. To honour all of the creations is to have respect.
4. Bravery is to face the foe with integrity.
5. Honesty in facing a situation is to be brave/have courage
6. Humility is to know yourself as a sacred part of the creation
7. Truth is to know all these things
- Principle of gift giving
- Interdependence and interconnection- sometimes you feel alone
but there is a community there to support you
Canada’s
Indigenous
Constitution:
•Chapter Two
•Retroduction
2
James
Leanne
Simpson,
“Zhingwaak
gets a Little
Snippy”
3
James & Michael
John Borrows,
(James: Reading good
“Seven Gifts”
to use in summary at
Gives a proper introduction.
7 Grandfather Teachings: Wisdom, respect, love, bravery,
truth, humility and courage.
end of circle round-
the boy and the otter meet the 7 grandfathers and
grandmothers, they give the boy and the otter a gift wisdom, respect, love, bravery, truth, humility and
honesty
relate back to 7
grandfather
teachings) (Michael:
good to use if you
can see where one
fits in)
4
Michael
Basil Johnston,
Three levels of meaning to every word:
Nanabush Story is a trickster and messing up but he is trying to do
1
“Is That All
There Is?
Tribal
Literature”
5
Michael
Lana Ray &
Paul
Nicholas
Cormier,
1) Surface meaning- meaning for the word that everyone
knows
a. Anishinabek- the people as we know them
2) The meaning that comes from component parts
a. Anish- means good or beautiful
b. Nabek- meaning male being
c. Anishinabek - means a good being
3) Philosophical meaning- get the meaning from the world
a. Anishinabek- means a person who has god intentions
W’daeb-awae- the Anishinabek concept of truth; speaker
casts his voice as far as his perception and vocabulary will
enable him or her and is a denial that there is no absolute
truth
Dabwewin- means something is true; it is a qualified truth
based on experience and knowledge acquired to that point
- knowledge is a result of personal experiences to
that point and we are bounded by our individual
personal experiences
something with good intentions
- Nanabush is us
- We try to do good and we intend to do good but other
things get in the way sometimes
- We must have good intentions to live in a good way
Nanabush finds Anishinabek drinking syrup right from the
trees
- He dilutes syrup with buckets of water
- If they want the syrup from this point on, there is
much more work involved
Marlene Pierre also said about Sugar Bush governance that it is
decentralized governance in that everyone must work together, work hard
to turn the water into syrup- things don’t just come easy- we have to work
hard and together to receive this gift of sugar- we listen to the trees and
they tell us when we can get the water- we give back to the trees by
honouring them with tobacco
Anishinabek Epistemology and Pedagogy:
We are not empty vessels to be filled with knowledge; we must go out into
the world and experience it to learn- analogy to the thick syrup: to receive
knowledge (thick syrup), we don’t just sit passively. We are more involved
and have to engage with the material to learn.
Kwezen's Story: She goes out and discovers the sugar bush
and brings home the water to her mom. Kwezen’s mother
believes every word she tells her and they go back to the
forest and get more water, boil it down and use this gift.
1) In order to acquire knowledge, must engage in
active personal engagement
2) It takes a community together to produce
knowledge and facilitate learning
- Respect other’s agency: Mother believed her without question
- Kwezens didn’t learn about the trees having syrup with having
someone just tell her- she had to go out and have personal
engagement to get the knowledge
- Children’s voices should be heard and have a role to play in the
deliberations and governance – we hear this in Marlene Pierre’s
talk as well
- Children are not at the bottom of the hierarchy
- Being young or small doesn’t diminish your knowledge or
expertise
- Knowledge is acquired in an active way not a passive way so
rather than just reading we go out and actively engage in our
surroundings and world
Nanaboozhoo
and the Maple
Trees”
6
Behn
Leanne
Simpson,
“Land as
Pedagogy”
(Kwezen's
Story)
This is why Burrows equates himself with Nanabush in Retroduction
- we are all Nanabush because we are all trying to operate
from Dabwewin
- to do our best, have the best intentions but what we have
to say is based on our experiences and what we know up to
this point. Burrows: I am not saying that this book is the
absolute truth, it’s based on my truth from what I have
experienced so far.
2
7
Behn
Basil Johnston,
“The Vision of
Kitche
Manitou”
9
Behn & Kristen
Edward
Benton-Benai,
“The Great
Flood”
10
Kristen
William Jones
-We all have our own gifts
- they are not for our benefit but to give away
- We have a responsibility to give it away to help
others
Last of all the creator made man, who he gave the greatest
gift- the power to dream
- The power to dream is to be able to recognize
your gift, to be able to identify others and give
them your gift
- What it means for us to have the power to dreameach of us has the responsibility to use our vision,
our power to dream, to figure out what our gift is
and then bring that gift into reality
(Both in the Great Flood story by Edward Benton-Benai and
in Basil Johnston’s the Vision of the Kitche Manitou)
Creator sees people not living in harmony so he cleanses /
floods the world. Nanabush (Waynaboozhoo) and the
remaining animals grab onto a log; animals take turns
resting/swimming. Nanabush tries to go down to grab
earth 1st and then the animals try but can’t. Muskrat
volunteers and everyone laughs but Nanabush says we
should respect him and let him try; Muskrat dies, floats to
the surface, brings up earth. Nanbush puts it on the back of
the turtle, who volunteers to carry the weight and with
help from the elements, turtle island is formed and new life
goes on.
-
Nanabush sees a woodpecker, the woodpecker
-
-
-
-
All things lived and worked by these laws- all things work
and are governed by their relations and responsibilities to
one another.
We have the responsibility to discover our own gifts and
others; we do not own our gifts- they are for us to give
away
Humans are the most dependent
We cannot survive without plants and animals while they can
survive without us ---- we are at the bottom of the apex of
creation and not at the top
But they’re dependent on us not to destroy them
So better to refer to it as INTERDEPENDENCE
We all have gifts to give. Animals give gift of getting off the log so
that other may rest= interdependence- we depend on the sacrifice
of animals and they depend on us not to destroy them.
- Lead by example- decentralized governance.
- Respect the agency of others- principle of non-interference.
Some of the weakest or thought of as least contributing
members of community have a great gift or often the
greatest gift to give.
- Just like elders who may look weak but have the great gift
of knowledge
- Also children. Both have a role in governance, decision
making and deliberation
- indirect disagreement and letting others make their own life
choices, but also supporting their agency/liberty to make
their own decisions by being respectful of their agency.
- The reason the earth gets created is mutual survival, mutual
resources and not just for one species; live in harmony and
in a good way otherwise bad things will happen
-
interdependence and need of sharing gifts
3
and Truman
Michelson,
Nanabushu
and the
Woodpecker
gives him a raccoon to eat. Nanabush tries to feed
the Woodpecker by getting a raccoon so he takes
two bones, sharpens them, sticks them up his
nose and then bangs the bones against the tree
like the woodpecker and kills himself. He didn’t kill
a raccoon and the woodpecker brings him back to
life.
-
-
-
-
11
Kristen &
Katherine
Basil Johnston,
The Hunter
and the Fox
Hunter is searching for food, comes upon the snake who is
trapped, Snake begs to be freed and persuaded the hunter
to free him. Hunter did so because though a serpent, he
had no less right to life than did the man and the snake
promised not to injure the man upon his release. Then the
snake attacked the man and they began to struggle. The
fox comes along, shouted for an explanation as to why they
were fighting (using his gift of being sly and cunning). Both
the snake and the hunter stopped to give their reasoning
and the fox asked the snake to show him how he was
tangled in the thicket. He then became tangled again and
the man was free to go on his way. The hunter was grateful
to the fox and asked him what he wanted in return for
saving his life. There was no need to immediately return
this gift he had given, explained the fox, just in the future,
when I need food, return the gift later.
The Hunter many years later came upon a fox in his food
stores and shot the fox with his arrow. Before he killed the
fox with his knife, the fox said “don’t you remember me?”
Nanabushu misunderstands the notion of the gift so we
learn to not make assumptions about what others need
(Mink and Marten story by William Jones and Truman
Michelson)
Gift giving isn’t about instantaneous reciprocity- we don’t
just give a gift and expect something in return – we will see
this in the Oriole story (The Legend of the Oriole by
Patronella Johnston)
The gifts we do not own - is the theme of this story.
The gifts we have are unique, and we should
appreciate/respect each individuals unique gift. The gift of
the woodpecker is not the same as ours.
The power to dream is used to figure out our gift and
actualize it (from the creation story)
Notion of need - the needs of Nanabushu in eating a
raccoon is not the same need as a woodpecker. The reason
we are interdependent is our need to fulfill need.
-
fox does a good deed
fox, muskrat and bat all seem small and weak but they solve
problems
- fox- I didn’t need anything from you- gives gift but doesn’t
ask for anything in return- the gift being given is not quid
pro quo- gift given back is not like a contract
- Fox- if I need something in the future, you Hunter can fulfill
it- not a contract where at outset binding obligations are set
out- it’s not a contract but we have relations and
responsibilities to each other inside that relationship
- Important parallels between the Fox/Hunter,
Nanabush/Woodpecker and Sun/Oriole
o Give gifts without expecting something in return- be oriented in a
good way- give the gift that people need; use your gift of dream
to determine what the other needs and give them the very best
you can (Relates back to Kitchie Manitou in that we are given the
gift of the power to dream and we are interdependent on each
other- animals rely on us not to destroy them: The Vision of the
Kitche Manitou by Basil Johnston)
- Also, Hunter is not evil, he just makes a mistake
4
12
Katherine
William Jones
and Truman
Michelson,
The Mink and
the Marten
13
Katherine &
Lindsay
Patronella
Johnston, The
Legend of the
Oriole
 They never give each other the best food and get irritated with
each other
 They are not truly identifying each other’s needs - they can survive
on the gifts they give each other- what matters is not just giving
anything you have- the gift is in the relationship- it’s about being
oriented in the right way to fulfill responsibility of identifying the
gift the other person needs, rather than just giving any gift
 Similar to the Oriole Story- bird gives gift of song to sun and sun
gives back two gifts (being beautiful and ability to make strong
nest). Oriole gets better gifts even he gives the gift of song, which
is immaterial. It’s about being oriented in the right way- he is
grateful to the sun so he just gives the gifts without expecting
anything in return and then actually gets more in return so it’s not
like an even contractual exchange.
Maintain and sustain relationships by being oriented in the right
way- give the best gift you can and use your gift to think about the
other person’s needs- Mink and Marten did not give the best gifts
they could nor did they take the time to determine what the other
wanted- that is why their relationship did not last.
Nokomis goes for a walk with her grandchildren she tells
them about the Oriole, why it is so beautiful and why their
nests are so high in the trees where the children cannot get
at them
She tells them the story about how the Oriole’s feathers
were once grey and dull but he had a beautiful voice and
sang to the sun each day. This made the sun feel joyous
and he shone brighter. One morning after the Oriole sang
to the sun, the sun said I want to do something for you so I
will grant you one wish. The sun said I want to be beautiful
and the sun made the Oriole beautiful. The Oriole was so
happy that he could hardly stop singing. The next morning
because he was so grateful, he sang even harder to the sun
and the sun gave him another gift which was that he taught
the Oriole how to build nests in safe places so that there
will always be Orioles to sing at sunrise.
The principles of that story are encoded on orioles - so when you look at an
oriole you remember the lessons it gives - daily reminder of principles to live
by- Just like the Wild Strawberries (John Burrows: Story of Odaemin)
Gift giving can be for any reason - and there is no need for gifts to be
exchanged in equal numbers, the sun gives multiple gifts because the oriole
pleased her - she did not ask for more than a song in return for each gift.
Being oriented in a good way- there doesn’t have to be a reason to give a
gift and the gift is in extending the hand and not in the object- the gift is in
the giving: Very similar to the Mink/Marten Story
There isn’t this reciprocal contractual arrangement where the sun is like I
will give you something if you give me something in return- the Oriole gives
without expecting in return out of appreciation and then out of
appreciation, the sun looks to what the Oriole needs, not what he assumes
the Oriole needs and gives him the very best of what the Oriole desires. The
sun also gives way more in tangible gifts to the Oriole out of appreciation of
the singing.
Principle: You have the responsibility to give/ discover the gifts but it evolves
over time as people and the earth changes; it’s not just about giving
anything, we give the very best and what they want
14
Tyler & Lindsay
Leanne
Huge fights over food during winter. Nokomis tries to get
-
Notion of the solution not being imposed on the animals -
5
Simpson, The
Baagaataa’awa
Game that
Changed
Everything
-
everyone to get along, tries a bunch of ways to get
everyone to come together to deliberate but keep fighting.
Finally they play lacrosse. Everyone doesn’t want bat on
the team. Bat scores and wins the game for the animal
team. Birds now have responsibility to come up with
resolution. Everyone is happy.
-
15
Tyler & Lindsay
John Borrows,
Living Law on
a Living Earth

The earth has personhood, agency and soul so can make
STEWARDSHIP: The analogy of trustee is useful when
decisions- we have a relationship with the land and we must
explaining limitations concerning Anishinabek land
use: A trust is a right held by one person (the trustees) consult it rather than ignore its agency; you can consult it by
observing it or use scientific methods like surveys or studies.
for the benefit of another person (the beneficiary)
o Under Anishinabek law, land is held by the present

Many Anishinabek people characterize the Earth as a living entity who
generation for future generations.
has thoughts and feelings, can exercise agency, make choices, and is
o Land does not belong to a person or ppl- it is
related to humans at the deepest level of existence
provisionally held for temporary sustenance and for

Many people believe that Kitchie Manitou, the creator, created a
the unborn (7 generations ahead)




16
Tyler
Arthur
Solomon,
Procedure on coming up with the solution isn’t imposed
Notion of taking time to have everyone participate in
decision making – tries many times to get them all together
to find solution
Birds come up with the solution to fly south on their own
and it is not imposed upon them
Because the animals win, the birds have responsibility to
solve the problem
they’re not losers they just have the responsibility
Principles of non-interference and being respectful of agency
from the Great Flood story by Edward Benton-Benai
Bat- often the smallest or perceived weakest beings can have
the greatest gift- like elders and children- we have to respect
their agency and include them in deliberation.
 No important decision can be made without full
consideration for the unborn (7 generations into the
universal bond between all living things that placed earth at the centre
of a vast web of kinship relations.
The political relationship between humans and rocks creates mutual
obligations and entitlements that must be recognized for this
community to reproduce in a healthy manner
This government structure requires humans both to consult with the
Earth’s creator and to seek the earth’s receptiveness before important
decisions are made- listen to the earth through ceremonies and by
observing her interactions with wind, fire, water and other beingswatch how they relate to one another in order to consult with mother
earth- creates a benchmark for behavior
Anishinabek legal traditions recognize interdependence between the
rocks and the humans because of their mutual agency
The concept of reciprocal obligations between rocks and humans is an
important part of Anishinabek law and this creates duties (DUTIES OF
CARE like the duty to consult and duty to respect agency) for the
beneficiaries as well as for the earth
-
Interdependence
Mutual obligations and responsibilities
6
“Notes on the
Philosophy of
an Indian Way
School”
future)
 We, Anishinabek, are the keepers of land for the ones
that come after us- we must keep it clean and not
disturb its harmony and cycles (live life in a good wayhave the best intentions)
 The things around us have their own part in the ongoing
creation
 God did not send government- he sent us parents,
moms and dads and through them, as through our
elders, we will learn rather than be instructed
-
Decentralized governance
Live life in a good way
17
Drew & Eric
Gary Potts,
“The Land Is
the Boss”
The land is a living thing and grows because of the living
things that interact and return to the earth and decay and
support new life
Authority to do things to the land comes from the land
itself; not from the MNR or government or
environmentalists- land as a member of our community- not
taking more than you need – Land has agency; principle of
non-interference
- You assess what the forests needs to sustain itselfyou may find you can take 10% of the trees or
game and not interfere with the forest or animals
replenishing themselves
o If the land cannot support you anymore, then you
lay your chainsaw down- you don’t use your gun,
you find other ways to live- figure it out!
o The land is boss- we hold ourselves back from what
we do to the land for the benefit of the land
- Once you know what the land can accommodate,
and you accept that the land is boss then the
confrontation between the Anishinabek and the
government, MNR and environmentalists can
stop.
- Clans (dodems) are responsible for stewardships
and if not them then the small towns that reside
on that land
Land has agency and should be consulted
Community deliberation- respecting agency
- Not taking more than you need
- Observe natural life cycles to determine what the land is
saying
- Do not push the lands beyond the limits that we say the
land has dictated to us
- Development would not take place for development’s sake
or for a profit margin- it’s a process of nurturing the
motherland to ensure that unborn generations have a base
from which to grow
- Making a living depends on satisfying basic needs which
does not mean harvesting and selling off the natural
resources
18
Austin
John Borrows,
Odaemin dies on his way to the land of the dead and he
finds a gap where he lays a tree down and it is really hard
- these are our relations but they are also our sources of law
Legal Principles encoded in the land – wild strawberries- remember
Story of
7
19
Austin & Drew
Odaemin
to do this so he is restored to life because of his
sacrifice/good acts and is rewarded by having wild
strawberries named after him
- So all his teachings are encoded on the
strawberries- another kind of natural law- when
we look at stories, all the principles come back to
us just like the Orioles story where the principles
of giving without there being a need to receive
come back to us when we see the bird (The
Legend of the Oriole by Patronella Johnston)
the sacrifice of Odaemin and remember the preparation for the
future journey to the land of the dead – wild strawberries have the
responsibility to remind us of approbation, which means praise,
meaning that we should live by the principles that respect and
facilitate stewardship such as loyalty, patience and bravery
Hadley
Man went out hunting but couldn’t bring himself to kill
anything because every time he went to do it, he saw the
faces of dead children between his toes, under his feet. He
went back to the elders and they said that it was the
windigo trying to cause those deaths over again with you
because the man was starving
They set out to kill the windigo and end up melting his
heart which means that they help the Windigo heal
because we have a responsibility to the Windigo
Law can be formed around how to handle safety, how to make
decisions to solve problems together in handling community threats
and how people should act in certain circumstances.
An example of a legal principle/obligation might be that people
should protect others from a Windigo if they can
A legal right might be that a person who asks for help for or with a
Windigo should be able to expect someone to provide that help - a
legal process could be figuring out who could best help and how this
can happen safely and fairly
Windigo legal principles about legal obligations and processes can be
useful tools for:
1. Thinking about how to protect our children from terrible
harms caused by people close to us and
2. Thinking about how to recognize and respond to people close
to us who may cause harm to others.
- Windigos will harm others to satisfy their own needs and
desires
- Orientation  could be a human or a corporation, or
some entity  could also refer more broadly to
capitalism.
- Reciprocity  balance / equilibrium
Friedland,
The Wetiko
(Windigo)
Legal
Principles
8
20
Austin & Drew
John Borrows,
The Story of
the Windigo
21
Stephanie &
Jessica
F G Speck,
Beaver Gives a
Feast
Sometimes Windigos are cast as cannibals or giants or large
spirits with insatiable appetites
A man turned into a Windigo, the council decided together
that they needed to kill him as he may hurt all the children,
and the Windigo’s closest friend was the one who opted to
shoot him – as he did not want anyone else to do it.
The man who carried into effect the determination of the
council (To kill the windigo) has given himself to the father
of him who is no more, to hunt for him, plant and fill the
duties of a son – therefore, although his son is dead, the
native people do not want him to feel alone, and know the
great burden they’ve given him, and they all seek to treat
him as their own father.
This story shows that the group tried for many weeks to
help the man and his deteriorating mental state, but when
he started to make threats that seemed very credible, the
group got together to take action – not one person
individually. The decision was not about retribution or
anger, but rather defence and compassion
The beaver was chief and would sometimes give a big feast
Every time beaver would break wind, the otter would laugh
but others told otter he shouldn’t laugh because it would
offend beaver. Beaver went to hold a feast and the others
told the otter he shouldn’t come. The animals respected
this and otter did not come but the animals collected the
grease for the Otter (brought back Otter’s share of food)
Beaver wondered where the Otter was but respected the
desire to not come but Otter was still missed. Beaver gave
the portion of the grease to the exact specifications that
the otter described- the size of the otter’s forearm which
was very small

Windigos are sometimes us when we are not living in
accordance with the 7 grandfather teachings (Burrows:
Seven Gifts: Revitalizing Living Laws Through Indigenous
Legal Practice) and not living in moderation
 The Windigos are not to be written off- they’re people we
have relationships with and responsibilities to - we want to
help them instead of kill them if we can
6 Principles of Governance- how to make a decision in a community
affected by something really negative (a WIndigo can be a
corporation or a person who threatens to hurt those we love)
decision making collective and not individualized:
1. Wait, observe and collect information
2. Consult with [Windigos] friends and neighbours when it is
apparent something is wrong
3. Help the person who is threatening or causing imminent
harm
4. If the person does not respond to help or becomes an
imminent threat to individuals or the community, he or she
can be removed so that he or she does not harm others (act
does not involve capital punishment)
5. Help those who rely on that person by restoring what might
be taken from them by the treatment
6. Invite both the community and the individual to participate
in the restoration
Principle of agency: authority does not rest only with the beaver but
also with the community (when the other animals told otter not to
come, he agreed with their decision. This is the same with the
beaver, even though he enjoyed the company of the otter he
respected the decision of the community)
Principle: We cannot assume that we know what is best. In this case,
the animals decide without beaver that it would be better if he did
not come because they viewed the otters acts as being disrespectful,
however beaver did not see it that way  he thought that otter was
funny
Principle: Governance  Beaver is the leader and their system of
governance is not top down, and this is comparative to the
Anishinabe model of governance. Beaver leads by having the feast
9
and leads by persuasion rather than giving orders. He respects the
opinions and actions of the other animals in the clan.
Principle: Don’t take more than you need: When the otter agreed not
to come to the feast he asked only for his share of food. He asked for
grease the size of his forearm, not the size of beavers forearm. He
only expects his share of the feast.
Principle: Everyone has a gift. In this case otter has a gift and that is
his sense of humor, even though the animals did not see this.
Principles: not taking more than you need- otter only wants the
length of his arm- recognizing that everyone has a different gift to
give- Principles of non-interference and being respectful of agencyeveryone respected the decision, beaver leads by example and
doesn’t impose his will on the other animals (similar to The Great
Flood by Edward Benton-Benai)
Legitimacy of community decision; community deliberation
22
Stephanie &
John Borrows,
Jessica
Decision about
where to hold
the pow wow
A decision to move the pow wow was contemplated to
accommodate for the growing numbers of attendees.
Moving it to the prairie was contemplated but a road
would need to be built and the area sat on a huge slab of
limestone bed rock.
There was a consultation, debate, discussion, direct
experience on the land, prayer and persuasion when
making a decision on the use of this land.
Scientists, Anishinabek lawyers, band councilors,
grandmothers, Elders, artists, medicine ppl, community
employees ad others participated in the process that drew
strongly on respecting Anishinabek beliefs. Process akin to
Windigo example of community governance/deliberation :
community deliberation, natural observation drawn from
scientists and elders and sacred teachings were all used to
reverence for the life force that was this slab of rock. Led to
a positivist law solution that the band declared the slab of
rock (alvar) would not host the pow wows.
Principle: The earth has agency. The earth has political citizenship
because it is a living being and one of our relations. This particular
location that they want to have the pow wow has sacred powers
that needs to be considered. We learn from the earth something
that we can relate to the sugar bush, we learn from the earth
Principle of community deliberation: When making a decision in
Anishinabe governance you need the perspectives of many people.
You need to talk to the members of the community including the
elders and children. In this case they also talked to Anishinabe
lawyers, scientists, artists and more. This was not a top down
decision, but one that everyone made together.
Similar to the Potts’ Reading, “Land is Boss” & Burrow “living law on
a living earth”
The earth is a living being that can be legally recognized and affirmedland is accorded citizenship by being consulted and if consent is not
given, then the earth’s agency is respected. similar to The Great Flood
by Edward Benton-Benai)
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23
Eric & Stephanie
Treaty with the
Hoof NationLeanne
Simpson
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Eric & Katherine
Leanne
Simpson,
“Looking after
Gdoonaaganinaa”
The Hoof Nation, the caribou, left the land because they
felt disrespected. After community deliberation, the
Anishinabek decided to go meet with the Hoof Clan. After
some negotiation, they learned that the Hoof Clan felt that
they were no longer being honoured- their meet was being
wasted and their bodies were not treated with the proper
reverence. The diplomats, spiritual people and mediators,
sent by the Elders, listened to the stories and teachings of
the Hoof Clan for days and then both sides communicated
what they were willing to give up to restore the
relationship. They agreed that the Anishinabek would
honour and respect the Hoof Clan in life and death. They
would share the meet and eat all of it without waste and
they would rely on other food sources such as fish when
times were tough for the Hoof Clan. They would also
perform special ceremonies and rituals whenever they took
an animal. IN exchange, the Hoofed Animals would return
and they agreed to give up their lives whenever the
Anishinabek were in need.
To this day, they still perform many rituals that were agreed to and
they remember the teachings of the Hoof Clan about sharing the
land without interfering with each other’s nations. The
Anishinabek honour their treaty with the Hoof Clan and the
deer and the moose so that they can all live good lives. Relates to
the next reading and our interdependence on the earth/animals,
and our duty to consult the earth/animals because they have
personhood from John Burrows- Living Law on a Living Earth:
- Colonialists and people entering onto the land are
supposed to learn how to live in balance with the
territory and learn how Anishinabek law is applied- learn
through experience rather than have law imposed upon
them or impose law on the Anishinabek.
- Anishinabek culture allowed for strong individual
autonomy and freedom while at the same time the
needs of the collective were paramount – relating to
one’s immediate family, the land, the members of their
clan, and their relations in the non-human world in a
good way was the foundation of good governance in a
collective sense.
- Children are respected as people
- Treaty with the fish nations was important because they
would sustain the Anishinabek during tough times when
their resources were low and this meant that they had
to be accountable for how they used this resource. This
reading relates directly to the last reading as they retell
the story of the hoof nation leaving out of a lack of
Treaties are not contracts that have the obligations established at
the outset- there are meant to change and the terms to be revisited
as the parties needs change throughout time- rather they are a
dynamic agreement, meant to be nurtured, maintained and
respected- they are to be added to
The earth has personhood, agency and soul so can make
decisions- we have a relationship with the land and we must
consult it rather than ignore its agency; you can consult it by
observing it or use scientific methods like surveys or studies.
The Dish with One Spoon- ancestors intended the peaceful relations
to continue perpetually and the dish represents the shared territory
for hunting between the Haudenosaunee and the Dakota which did
not involve interfering with one another’s nations. It represented
harmony and interconnectedness as both parties are responsible for
taking care of the dish- neither party can abuse the resource – it was
designed to promote peaceful coexistence and it required regular
renewal of the relationship through meeting, ritual and ceremony
Respect others’ agency, principle of non-interference, consult the
land because the land has agency
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respect
- This treaty with the Hoof Nation – moose nation, deer
nation and caribou nation is a treaty like any other in
that all parties involved have both rights and
responsibilities in terms of maintaining their agreements
and relationship between nations
Our Drum and Our Dish
The drum became more than a symbol of peace between
the Dakota Nation and the Anishinabek-we are to be
reminded of living up to treaty relationships with the nonhuman world and also political agreements with the
neighbouring nations.
Treaty as dynamic, people who come onto their land should learn
how to live by the clan’s laws and become a part of their family. They
are adopted into the family when we establish relations with them
and we have responsibilities to maintain those relationships.
Share resources and do not interfere with other nations sovereignty
which includes the other communities but also mother earth and the
animals- they have sovereignty- show respect- listen by observingconsultation- take only what you need- do not waste- reciprocity- gift
giving- living in a good way/with good intentions.
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