The Colonial Problem Notes Introduction and Purpose: “In Canada, many dance around politics with politeness, avoiding the fact that dispossession and colonialism are at the root of Indigenous injustice.” (xxxi) “Indigenous peoples became dispossessed of their land base, were forced to live under a Canadian system of law and governance, and because of dispossessed, were compelled to become dependent on a foreign colonial system” (xxxi) “Canadians cannot understand why Indigenous peoples face injustice; it gets glossed over or told incorrectly. How can one understand the injustice and crimes perpetrated against Indigenous peoples when a discourse exists upholding Indigenous peoples as savages or as a contemporary problem, when one thinks that no pre-contact Indigenous governance structures existed or that colonial Norther America was “discovered” wilderness almost empty of people, when one doesn’t know that Indigenous peoples has – and still have – the Indian Act to constrain them, or when one doesn’t know the full extent of what happened in residential schools?” (xxxii) Ch 1: Intro to Indigenous Peoples in Canada Classifications Canada as a nation and the educational system ignores, denies or depreciates Indigenous people’s knowledge, history and ways of coming to interpret and understand existence. “based on colonial and colonizing mind-sets” both past and present. “Indigenous” describes “a large and very diverse group of peoples in Canada. Indigenous is a colonial term.” Author uses this colonial term within the English language to draw on the term and concept. “Pan Indian” / all-encompassing terms o one group (indigenous) who speak distinct languages – inaccurate and restrictive. o Terms listed below are “pan-indian” o Label and define the continent’s first peoples according to the cultures, perceptions and languages of the European colonizers, a form of identity control that angers many. o Patricia Monture-Angus: “not being in control of the process of naming…serves as one of the most express examples of silencing I can think of” Identity: o Many indigenous people identify with a specific nation, treaty or ancestral heritage or background. Terminology: o Indigenous, Aboriginal, Native: ***all terms connote a political identity and defined in relation to colonizers. Indigenous: o origin from 17th century from Latin root “indigena” meaning “sprung from the land” and later “as born in a country, native”. o It is also used by the UN in an international context to define people in relation to colonizers. Aboriginal: o “in reference to inhabitants of lands colonizes by Europeans” o Lydia Gray states that “ab” means “not” ex abnormal, although, in Latin “ab” means “from” and used in law frequently (“ab initio” or “from the beginning”), however, “ab” means “off, away from” in the word forming element. Lydia Gray refers to herself as “ANoriginal” o Constitutional term in the Constitution Act of 1982, defining Aboriginal people as “the Indian, Inuit and Metis peoples of Canada” Native: o Mid-15th century: term described “person born in bondage” and in 16th century is described a “person who has always lived in a place” and in the 17th century with growth of colonialism, coming to mean “home-born slave” and definitional meaning “original inhabitants of non-European nations where Europeans hold political power.” Indian: o Monchalin grandparent’s marriage certificate referred to them as “sauvagesse” and “indian” from French “savage” and “indian” o Indian Act and Indian Status o “Indian” is a historical farce where Christopher Columbus met Taino people in 1492 and incorrectly labelled them “Indians” thinking they were from the Indies. (Columbus said he discovered a new world but the Americas were already home to 112 million Indigenous peoples) o Indian is a derogatory term because of the Euro-Canadian government system and its racist documents, policies, and acts. Constitution o Indian can also be a term of resistance and can be reclaimed by its people. o Patricia Monture-Angus: wants to reclaim “indian” that was “once forced upon us and make it feel mine” Anishinabek Nation o 42 member communities in 2008 endorsed to the Ground Council Assembly to stop using the term “Aboriginal” as it represented assimilation through displacement of First nation-specific inherent treaty rights as the term lumps in First Nations, Metis and Inuit. o Grand Counil Chief John Beaucage: “we represent the cultures and traditions of our Metis and Inuit brothers and sisters … their issues are difference from out” “Niskapi” and “Montagnais” o colonizers called Innu people from Quebec and Labrador. o Niskapi means “uncivilized” o Montagnais coming from the French “mountain people” Innu o Innu people called themselves Innu which means “human being” and is now a common name. “Huron” and “Wendat” o Colonizers terms “huron” do define Wendat people. o Wendat means “Dwellers of the land” – “Wendake” people o The French renamed o French called Wendt people “Huronia” o Today, some Wendat people refer to themselves as Huron, Wendat to Huron-Wendat Constitution Act – 1982, Section 35 – Aboriginal people inclusive of “the Indian, Unuit and Metis peoples” o For some this was important for recognition. The constitution also recognized past treaty agreements and guaranteed these rights. Metis also considered this significant to be recognized. 4 Major groups in Canada o Indian Some registered under the “Indian act” through affiliation to a band that has a signed treaty – also considered “Treaty Indians” Politically recognized as First-Nations – it’s a neologism, used for status and non-status First nation grew in use in 1970 and has replaced “Indian” and “band” First Nation is not synonyms with Aboriginal as it does not include Inuit or Metis. o Non-status Indian Have indigenous ancestry but lost their status under the act or never received status. o Metis Distinct from thoes claiming some indignoeus ancestry Alberta and Sask metis Nations define Metis as “self-indetifies as Metis, is distinct form other Aboriginal Peoples, is of historic Metis Nation ancestry and is accepted by the Metis Nation” Alberta Metis Nation: Metis people were born originally from the marriage of “Cree, Ojibwa and Salteaux woman” with French and Scottish fur traders, starting in mid-1600’s. Also, Scandinavian, Irish and English men also intermarried and their decedents are Metis. Manitoba Metis Federation: Manitoba is birthplace of Metis Nation – because of the Red River and Louis Riel’s contribution to the Metis resistance. However, the focus on the Red River Metis leaves out other Metis who do not have roots in the Red River. “Who is the original Metis” For some, Metis people have a distinctive connection to their Metis community and can trace their lineage back to a European settlement during Fur Trade. Also embraced by non-status First Nations without a Metis community but have Indigneous and European roots ex. not coming from a specific era – though some say they are not “true” Metis and has become a catch-all phrase. As such some call themselves “Michif” to describe Metis identity. This is the language of the Metis people – combining Plains Cree and French. Chris Andersen: to understand “metis” one must not focus on “mixedness” but instead focus on history, events, leaders, territories, language and cultures around growth of buffalo hunting and trading of the northern Plains beginning in early 19th century and 1885 North West Uprising. Not a “kitchen soup” for Indigenous people and communities who have becomes disenfranchised by the Canadian state. o Inuit R. v. Powley 2003: legal definition of who is entitled to Metis rights. Father and Son – Steven and Roddy Powley who killed a moose outside Sault Ste. Marie, On. And charged with unlawfully hunting without a hunting license and knowing possessed a hunted game; it went to the supreme court where it unanimous decision that Saul ST. Marie Metis could exercise their right to hunt, protected under section 35 of the constitution act of 1982 – it also provided definition of Metis – along with definition from earlier there are 3 additional factors outlined: self-identification as Metis, and ancestral connection to historic metis community and acceptance by a metis community. Daniels v. Canada 2013: 13 year court battle of Metis and non-status people took gov. to court because of discrimination. Although Aboriginal, they were not recognized as Indian leaving them in jurisdiction limbo and without the same rights and “Indians” under the Indian Act. Federal court deemed Metis and those Indigenous peoples without status under the Constitution Act fall under Federal Jurisdiction. Metis and non-status were not added to Indian Act – but were not positioned for future negotiation with the federal gov over specific needs and rights. Purpose of case was about “attaining recognition under federal jurisdiction so as to open the door to discussion at the level of gov. and expand discussion on issues, concerns and needs. In 1939, the Supreme Court recognized Inuit under section 91(24) but the Indian Act was amended to reject Inuit as to keep them distinct from “Indians” “Inuit” means “the people” in Inuktitut Inuit have occupied the Arctic land and water from Mackenzie Delta to Labrador Coast and Hudson’s Bay and High Arctic for more than 4000 years. The “Inuit Nunangat” meaning “land water and ice” make up four distinct regions: The Inuvialuit Settlement in NWT; Nunavut; Nunavik in Quebec, and Nunatsivut in Labrador. o Population: Issues with data collection: voluntary data collection have low response rate and are over Stereotypes represented by those who typically do not respond. Thus those who need services are underrepresented in data. Creating a “non-response bias” 20.1% population increase of Indigenous people between 2006 and 2011 – non-indig grew by only 5.2%. From 1996 to 2006 Indigenous population increased by 45%, whereas non Indig increased only by 8%. Population increase for Indingeous people are not always related to births. Changes in self-reporting as changing affiliation depending on: Indian Act 1985 (Bill C31) redefined who was entitled to legal Indian status. Prior Indian Woman and children would lose status if married to non-status man. This change increased the population by over 100k between 1985 and 2001. However, after 2 generations on non-status marriages, the children no longer get status Bill C3 in December 2010: gendered discrimination between men and women marrying non-status. Bill allowed women to reclaim legal status if marriying out of status, but two generation could not. If denied Indian status by the government they may not be allowed in the First Nation, to participate in governance or run for elected office. Some deny their Indigenous background as they do not want to be Indian. Some try to pass themselves off as having another ethnicity. Indig and Northern Affairs: status Indian pop would increase by 45k members (6%) as a result of Bill C3, along with increase in living on reserve and more modest in urban areas. Appearance and race: o Western society focuses on biological race. There is a significance placed on “blood” status, and distinct hierarchies based on birth, color, race, lineage, religion, profession, wealth, politics and other criteria – this is not traditional to Indig cultures and this lack of bias shows how advanced their cultures were in the development of human relations. o The Canadian Gov. defines “who is and who is not an Indian based on a system of registration that has its roots in a racist, archaic blood quantum concept” in order to eliminate as many “Indians” and reduce obligations. o The concept of race stems from Medieval European ideas that there were three continents with three separate races: Caucasoid, Negroid and Mongoloid. Whereas, traditional Indig knowledge acknowledges that “we are all people of the earth” and they knew that there were other people on the earth. Identity based on stereotypical physical characteristics originates from European Colonial concepts and history. Definition of identity based on appearance or blood heritage are often more about gaining power and maintaining control than genetics. o Having “one drop” of Indigenous blood was not recognized by the gov as the gov wanted Indig people to be “Absorbed into the body politic” and not Indig. John McDonald, in 1885, stated “Indians go with the tribe; half breeds are whites” and that intermarriage would be a tool of “Absorption” and “white” blood would eliminate governmental treaty responsibilities. o “Adoption” of European and First nations adopted by “foreign” clan or nation and racial and physical features would not matter. It was the honor and respect that the “adopted” person carried that mattered most. Wendat people adopted Europeans in the past. o Family Structure: sophisticated and complex no insure relatives did not intermarry and not as a form of exclusion. Free Education Myth: o High cost of tuition and larger distance to travel for education, as well as poverty, culture shock; the experience of Indingeous peoples going to university. o There are limited funds from the education department of their first nation.. available to help Indigenous peoples attend university o Indspire Scholarship: lengthy processes.. not free money o In 1870, treaties 1-7, and then in late 1800 –early 1900; treaties 8-11, treaties included or discussed education but treaties have not been fulfilled and is illusionary. They detailed that they would provide schools “whenever the Indians of the reserve shall desire it” o United nations delated in 2008: “indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.” o In Canada, the crown defined education for First Nations and was a responsibility of the federal government. o In 1876, through the Indian Act, it produced a standards approach to control and management of First Nations communities, lands, money and properties… within this the Crown chose to provide limited educational services as an “assimilationist mechanism” o Schools on First Nation communities are the only ones in Canada that do not have a guaranteed funding base. 2% cap in 1996. No Tax Myth: o Gasoline: “certificate of exemption” is a gas card through the minister of finance that exempts 14.7 cents per liter – must present card and only use gas for personal use and on reserve. o Free tax: Indian Act section 87, stipulates “personal property of an Indian or a band situated on a reserve” is tax exempt. However, without status and metis and inuit are not eligible. Income tax exempt on reserve, but if work off reserve and “indian” than you pay income tax. Even if they live on a reserve and commute. Sales Tax exemptions: only apply – and automatically – to purchase and on reserve and deliveries to reserves. Can also make a claim for tax exemption for purchase made off reserve but it is lengthy process. Government gives tax payers money to Indigenous people: 41% of funding for Indigenous and Northern affairs never actually goes to the communities but stays in the bureaucracy of the government. [$7 billion to the same size population of New Brunswick, but NB gets $8 billion] “just get over it: o History: Indigenous land – colonial project of assimilation acts, policies and laws forced upon people and communities and dismantled communities and government structures. “Canada can’t forget the atrocities of the past, especially because these didn’t happen very long ago and because colonization is still ongoing.” As well as residential schools. o Many people do not know the correct history of Canada. Chapter 2: Chapter 3: Turtle Island -Peace, Harmony and Inclusion. -Promotes equality and balance for understanding of how to govern. -Sustains the view that Justice is rooted in relationships between the land, animals, people, and the creator. -Justice is used to restore balance and heal relationships. Stems from creation stories: Haudenosaunee: Skywoman fell from the sky onto the back of a turtle Cherokee: a-typical story – woman who fell from the sky and birds place her on the back of a turtle Governance Structures -Main goal: community welfare. This results in health and a lack of poverty. -Pre-contact: “achieved true civilization” through land, community, gender quality and individual freedom, as well as egalitarian with no authority structure and no distance between leadership and others. Hierarchies: -Everyone had their own unique role – but there were no wealth hierarchies. -Nuu-Chah-Nulth: recognized different class of people but shared resources generously. Whale: Functionally related parts = classes in society / Boundedness of body = holism of the polity / nutritionally similar pieces = mediation of hierarchy and solidarity in societies. Whale: “the Whales body reflects the togetherness of the whole society. Necessities were apportioned according to the need although certain pats within the whole played particular roles” Leadership - Leaders do not ask, “What can I control” or “what do I get”, but “what am I responsible for?” and “what can I contribute” -Mikmaq: Chiefs provide sustenance for all connected to them and did not have individual wealth. -Cree: Chiefs had to give freely to needy and set tone for ceremony gift giving. “okimow” means “chief” and derives from “give away” -Nuu-chah-nulth: chiefly essence though generosity – ex. chief lead whale hunt but give all away Common form of Indig Governance: Clans, houses, counsels and confederacies. Wendat: 5 nations: Attignawantan (bear), Attigneenongnahac (cord), Arendahronon (rock), Tahontaenrat (Deer) and Ataronchronon (Swamp or mud). Huron-Wendat: 4 levels: Lineage/clan segment (chiefs selected by older women from linage), village council (civil affairs for each lineage, of defense for same and elders), Nation councils (chiefs from all clan segments, from all villages), Confederacy council (civil chiefs meet each spring motivated by “an ideal of peace” – deal with politics, trade, settlement, missions, expeditions, etc.) Black-foot Nation: confederacy of three nations: Sikaik in the northern region (meaning blackfoot), Blood/Kainai from central region (meaning many chiefs), and Peigan/Piikani from southern region (means scabby robes). Tsuut’ina was added in late 1900’s. While Nations shared same language/customs and are associate together, they had separate political units. Nations were subdivided into clans, which were governed by an elected clan chief. Clan chiefs chose chief of the nation. Required bravery generosity and compassion. “All comrades” society to preserve order and protect the people through leadership over the affairs of the clans. Gitksan and Wetsuweten: “the most basic of human relationships – family” and “the house” or “Long house” is the main political unit and common ancestry is shared. Responsibilities are passed on through oral form from each house head chief. Matrilineal and “a person is born into his or her mother’s house. The house head chief is accountable for their house members activies and but can also have “wings” of help from the head chief and other elders. Then clans, the broadest group, Gitksan (4 clans) and Wetsuweten (5 clans). No one from the same clan is permitted to marry as people are historically related. Disruptions to Indig. governance Western governance: The Haudenosaunee Great Law of Peace: Sto:lo : displacement of women-centred society and social organization. Si:le (grandmothers) played important role in community. From 1869-1951:Indian act prohibited Sto:lo women from voting or holding leadership roles. When a woman married a man she was forced to be under his band, Indigenous governance and laws are not about power and control (p 44). In Halq'emeylem - no word for "government" or "control" etc., as well that western governance lacks spirituality. -Power and control. -Separate land, culture and governance (inseparable in Inding. gov) -Indigenous people are dependent on the state which is a tool of compliance -"Band" councils and elected "chiefs" are apart of colonial impositions. The great law of peace is the founding constitution of the Haudenosaunee Confederacy. Wampum belts (clam shells and beads) held by the Onondaga Nation. Symbolize or commemorate important events and agreements. "The great law of peace" translates from Mohawk to English is "the great big nice" or "the great good way" Taiaiake Alfred: "great law" is a mistake and a better translation would be "big warmth" or "big harmony" - now a law but guidelines Many version so The Great Law of Peace: but none preferred over another. The National Museum of the American Indian created a story combining many stories and consulted with 5 different Haudenosaunee people and a Mohawk editor. This version a man called "peacemaker" was on a journey to spread peace wen the Haudenosaunee nations were at war. The peacemaker came to the home of Hayo'wetha, an Onondaga leader, who also wanted to spread the message of peace after losing wife and daughter. They traveled together and showed strength and unity. Took a single arrow and broke in two - then take 5 arrows and try to break cannot. The peacemaker symbolized the strength of a unifying confederacy. This message of peace was taken by the Mohawk, Oneida, Cayuga, Seneca and Onondaga Nations. Hayo'wetha and the Peacemaker found Tadadaho (leader who killed Haywethas family) and invited him to join the confederacy - with he promise that Onondaga would be capital of the "grand council". The nations joined together and dug a hole and put weapons in it and then replanted a white pine over the hole. This tree is call "the tree of peace" It has four main long roots - pathways to peace, and an eagle who sit atop the tree is a messenger to the creator from the people. Each leader of grand council was called "hoyaneh" meaning "caretaker of peace". Eventually clan mothers became say in who was chief. Safeguard rights of the next seven generations. This peace is no the nonexistence of conflict of war, but as human actively strive for universal justice. Righteousness (shared ideology that is pure and unselfish), Reason (the power of human mind to arrive at righteous decision) , and Power (to enact a true peace as unified people on path of righteousness and reason). Power involves telling others to lay down their weapons, persuasion and power. The idea of independency within a confederacy was used by the US for colonied - they were influenced by Haudenosaunee. Benjamin Franklin reference gov structure - recognized on Oct 4, 1988. (p 49). However, constitution did not mention women's roles/clan mothers. Clan Systems Class systems of the Haudenosaunee- maintain "social, political, economic and spiritual cohesion" "otara" in mohawk means land, clay or earth as well as clan. - literally asking "what is the outline or contour of your clay" Cayuga, "de'ni:s nisa'sgao'de" meaning "what family or animal grouping do you belong to?" Clan membership includes reciprocal relationships and responisbilities. "the teaching of the clan help people walk the good path" - repair person and interpersonal detachment caused by loss, anguish or grief. Marriage between clan members is prohibited. Even if clans are apart of different nations. If clan adopted a new memeber - the women would have final say. "This quality of unified diversity, which is embodied in the clan system, is significant for understanding not only Indigenous governance but also Indigenous justice and methods od addressing crime." Methods of addressing crime: Consensus based decision making Dealing with crime/harm: OBjibwa/cree: participation and consent of community Navajo: agreement and concensus of everyone involved Mikmaq: bring together disputing parties Cree: collaboration and cooperation - restore health to those who were harmed. Swampy Cree: healing rather than punish - harm done to one affects all. Omushkegowuk: banishment as to help perpetrator and work to reclaim spiritual health and separate them from community, until find responsibility. Inuit: do not cause more problems - focus on maintaining wellbeing and community strength. Blackfoot: thieve or nuisance faced ridicue and scornful laughter. Kiowa: inflict embarrassment through ridicule and scorn. Ex. ridicule for rape. The women punish him themselves Crime prevention: Omush: education through stories ensure community and encourage appropriate behavior. Ojibwa: leaders taught through example. Carrier Nation: laws were ingrained in youth Murder: Cheynne: serios offence- deny participation in national activities for up to 10 years Lakota/crow: murder is private affair delt with parties involved - and accused family offer reparation to victims family. Blackfoot: compensation or taking the life of the murderer or of a fmaily memebers. If compensation - third party does negotiating. Haudenosaunee: settlement among involved - encourage admit guilt and offer 6 white wampum for forgiveness. (customary number for life). Head woman would decide on murderes fate - if murdere offered recompense before decision was made, then possible to come to agreement. Sometimes head woman of family adopted murdered as replacement for list victim but would require to be branded. Algonquin: wars/disputes that were raids/war parties but with low # of deaths. After Europeans came, more wars and disputes between Nations began to occur. 70% of Indingeous nations did not practice war at all - and if they did it was not like the war in our current society. More like a "nobel sport" - like contact sports - not purposefully lethal. Huron/Wendat: coercion and war were absent - Mikmaq: no instruments or tools that are comparable to European torture equipment and instruments of death - to use as a threat of violence for control. Chapter 4: Historic and Contemporary Colonialism Property Rights When Europeans travelled to the Americas in 1492, they brought with them pre-existing and ingrained ideas regarding ownership, property and people” (63) “The limits of self-determination were further narrowed through the implementation of what came to be known as the ‘salt-water thesis.’ This thesis stipulates that ‘only territories separated by water or that were geographically separate from the colonizing power could invoke self-determinism.’” (63) “In defense of England’s colonial interests in the America, Locke developed a concept of agrarian labour, its fundamental premise being that the right to claim land as property was the result of agricultural labour.” (66) “Locke introduces his theory of peropty rights in Chapter Five of his Second Treaties of Government […] He claims that it is a natural right of man-kind to preserve itself by drinking, eating, and taking things from nature. As he states, ‘ God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life, and convenience.’” (67) “Essentially, he argues that England should colonize North America so as to encourage economic and social development.” (67) James Tully, “contends that Locke intentionally created his idea of property specifically to contrast with Indigenous customs related to the land in order to refute the latter and to rationalize the appropriation of Indigenous lands in America by English settlers.” (p 68) Doctrine of Discovery How to acquire land: Underpinnings the Rights of Property: Pope Nicholas V 1452: "Europeans were able to attack, conquer, and subjugate Saracaens, Pagens and other enemies of Christ wherever they were to be found." Christopher Columbus 1492: Nother America home to 112 mil Indingeous people when he arrived Papal Bulls: Inter caetera Divinia: approve Spain to spread Catholicism in America + another bull = 500 years of non-Christians being put under guardianship of Christians. No consult with Indigneous peoples. Papal Bulls + Doctrine of Discovery = use to gain authority over land. "terra Nullis" = "territory without people" or "the land is empty" Canadian law continues to apply "Doctrine of Discovery" as European superiority and Indigenous inferiority - or as "conquered subjects" 1960 - UN - self-determination of Indig is not limited. Salt Water Thesis - further narrow self-determination -only separated by an ocean can invoke self-determination. To be recognized as a separate nation, one must be separated by water from their colonizers. conquest: military subjugation for permanent sovereignty Cession: official transfer of territory from one autonomous political entity to another. Settlement: attaining land that was formally unused unih=nhabited or not belonging to another unit Annex: crown annex in unilateral act Differences in land acquirement results in different responsibilities for the crown. Canada relies on "settlement thesis" that thinks land claimed by colonies as terra nullis - it requires "a certain elasticity of logic" With the Discovery Doctrine, and the protestant reformation (increase rationalism and decline religion) - need additional law to support new legal and political doctrines of colonization. Thomas Hobbes, 1651, argue there is no such things as natural order or any jutice in nature - so human need to make a government or an artificial man state call "Leviathan" and claimed that Indigenous people had no laws at all. Rebellion against the artificial man-state would break society's basic contract Colonialism: of peace and order - thus, fear and terror were used to assure no return to the "original state of nature". Humans in nature are "brutish, solitary, poore, nasty and shorte." John Lock - saw humans in nature as "tolerant, joyful, free and equal" while also "insure and dangerous in the freedom" and lack 'positive laws" They must give up this to preserve their rights to property enforce by human law. Proclaimed "right" to instigate war against Indig whom considered "dangerous" to their freedom and property. Lock developed the concept of Agraian Law - the right to claim land based on result of agri labour. This disposed Indig. from their land. Two treaties of Gov. - Lock drew on Hugo Grotius book from 1625 (founding writings on international law). They believe that the earth was "given" to men from God. However, for Grotius, obtaining property require agreement, and acknowledge Indig. rights to land - whereas Lock did not. Lock thought that property was acquired by adding labor to it -"labor theory of value" (developed alongside theory of productivity). Lock states that Indigenous peoples were in rich in land, but poor in all the comforts of life" and that if "Devonshire farmers" came then it would be much more valuable land. Lock created property to contrast with Indigenous ways and to later rationalize the taking of land. Locks ideas continue to morph modern day thought, Respect toward land: not to be "improved, cultivated or acquired" but is a gift from the creator - to Passamaquoddy people - humans are connected to the land and the land has a soul. "Indigenous peoples are in the late stages of "the state of nature", one that is historically less developed when compared with European political organization. Either nationhood not terrirorial jurisdiction exists." (68) Columbus brought "Wetiko psychosis" - in cree means "cannibal" - not eating the flesh of another but rather "eating the life of another" or "the sickness of exploitation" "You cannot be the doctor is you are the disease" - where westerns have a suppressed consciousness, and that colonizes are "blind to the ills" of their ways Europeans came to Americas by escaping the Renaissance period of religious persecution, political degradation and darkness. They were fleeing their fears from home, and now only had "to fear the unknown" - although, fear of the unknown is a powerful motivator of violence and “what one fears one destroys” Planned eradication: o 1700’s colonizers planned to give blankets with small pox. Sir Jeffrey Amherst wrote “could it not be contrive to send the small pox among those disaffected tribes of Indians? We must, on this occasion, use every stratagem in our power to reduce them” and Henri Bouquet quote back “I will try to inoculate.… and take not to get the disease myself” o 1700’s John Hughes of Pennsylvania set dogs to kill Indigenous people in B.C. – this would put the indingeous people at self defense and make them easier to shoot at. Michael Yellow Bird: three types of colonization: o Internal: bio political and geopolitical management of people and their land – all within the borders of an imperial nation. Through control to manage population they use schools, police, etc. o External/exploitation: “the exploitation of fragments of Indigenous worlds, animals, plants and human beings” being explored for the benefit of the colonizer to build wealth and privilege. Large multi-national corps reap profits by extraction on Indigenous territory. o Settler: “foreign family units move into a place and reproduce” and “an imperial power oversees the immigration of these settlers” and then settlers take over land and try to destroy the original people there. Involves master narratives where the “superiors” represent progress and civilization. Then involves stripping away identity and histories of original inhabitants. In Canada – disconnection and dislocation from traditional territories and force under the governing influence and control of European settlers. o *all forms include external aggression and domination – both are internal control, repression and violence. Erica-Irene Daes: deliberate strategy of colonialism is to break down the opposition of those being colonized and to think they are helpless to resist and naïve to think they can try. Central purpose of colonialism is to ingrain the impression that they are “out of step” with everyone, have no friends, and that their thoughts of resentment and resistant are irrational, crazy or unjustifiable and then “serve” to prove how savage or ignorant they are. Colonizers also use isolation as a tool to stop external foundations of knowledge and information – thus, propaganda tries to persuade them they are ignorant ..etc to have been colonized. Jack D. Forbes: colonialism assigns low status to Native customs and, if racial differences are apparent, than they assign low status to the physical characteristics. They are made to feel inferior and this is a “weapon of psychological warfare to control them” James Youngblood Henderson: Modern Europ. Though is around notion that “Terror” is a valid basis of sovereign power and law, Orientalism: Contemporary Colonialism: while also “hiding the effects of such terror on those who suffer under the rule of law” 17th and 18th century political and legal thought shaped colonial reasoning. Colonialism was a conscious choice taken by the settlers. Europeans could have followed the notions of the treaty commonwealth and entered into limited contractual alliance with Indigneous peoples. However, they decide to create “new hierarchies… that believed in the absolute superiority of Europeans over the colonized, etc. The concept of colonialism if a western concept – and not the only story we use to tell about Indigenous peoples. Colonialism is where the settlers power is the fundamental reference and this inherently limits Indigenous freedom. We are privileging the perspective of the assimilation and legitimizes the discourse – which claims to have overtaken and overcome Indigenous peoples. This is not true, Indigenous people have their own unique stories and view – neither people or teaching eradicated - instead they were interrupted and disrupted. Many are still fighting strong. James Youngblood, Benson and Findlay agree that “colonialism is an artificial construct of European elites using political ideology and human made legal rules.” When the west sees the east and fictionalizes socity and people and assumes European superiority. “Noble savage” through western lens A method of post-modern colonization in which domination is still based on settler rules, but through more indirect ways to achieving their goals. Colonialism is then sustain through relationship between education, imperialisms and capitalism. 2011 Canada was 6th on UN HDI, however, Indigneous peoples in Canda were are 32nd place (using 2001 hdi scores). The Indian Act of 1985 is the most notable for Indigenous communities having no running water, no sanitation and have deplorable housing. o The act regulates “Indians” in Canada and they fall under Federal jurisdiction. The feds give less to First Nations (water, housing, education) than they do to prov, terrirtories and municipal govs. Ex. Education funding not lept pace with inflation or growth rate of FN population. These types of servies typically provided by not the federal government to non-Indig communities and have no legislative framework or guaranteed minimum standards. Systemic Racism and continued colonialism. 1869 Gradual Enfranchisement Act: a blood quantum requirement was added for the first time. Only indigenous with at least ¼ White Privilege: indian blood were eligible. Then as Canada expanded West and the population increased they wanted more stringent controls… Indian Act of 1876: in effect today – still categories Indian based on racist and sexist stereotypes. Bonita Lawrence: regulatory regimes can be understood in terms of discourse – in the sense that Foucault used the term. Regulatory regiem is now so familiar it is seen as almost “natural”. Indigneous people are classified by race. (p 76). Constitution of 1982 – racial labeling reached height when defintinon of who was “Aboriginal” was written into consti. – created a false sense of inclusion. Failure to listen to post-contact experiences: 1) challenge the relevance of the narrative for one’s life in the present; 2) lock events in history to have no present; 3) dehumanize aboriginal ppl; 4) claim “there is nothing I can do”; 5) Claim the stories are too hard to listen too. pre-contact indig. Had treaties based on peace and friendship and were recorded orally and through exchange of sacred items. Earliest treaty: “The great law of peace” of 1142. Haudenosaunee Confederacy. “Indian Treaties” are between Indigenous peoples and the crown post-contact and based on a nation to nation basis. The crown also honours treaties “as long as the sun goes round and the water flows” o Date back to early 1600. In 1700 they were about peace and friendship to coexist. Chapter 5: Treaty overview: Royal Proclamation of 1763: The treaty of Niagara 1764 Britian beat france in a war and the British monarch claimed land that had been taken from Indigneous peoples by the French. Settlers had to purchase land through crown – not Indigenous peoples. Lack of clarity regarding the interplay between indigenous “possession” and british “sovereignty”. Referred to as “Indian Bill of Rights” or “indian charter” as it established constitutional framework for future negotiations - this was the foundation for future treaty making. o Interpretation 1: document took away indig people land without constulation and without their knowledge. “it grew out of villainous doctrince of discovery… turned into wards of the crown.” Thoes following this interp. Note it was written by British colonists for monopoly over Indig terriority. o Interpretation 2: according to film “The Invisible Nation” Britain had economic incentives for the proclomaion. At first Indingoeus peoples were happy about the RP because it gave them control over their land. Overtime, though, they realized it was not intended to protect them, but rather to protect the beavers as Europeans could acquire pelts through the fur trade. o Interpretation 3: From John Borrows, as Indingeous people were “active participants” in the formation and ratification of the RP. “The RP should not be looked upon as a document that undercuts Indingeous peoples rights… this would be taking a colonial interpretation of it”. The Rp was a way to attempt to convinve Indig that British would respect their land and politics. The British included “the several Nations or Tribes of Indinans and that they should not be molested or disturbed”, however, at the same time the Crown claimed sovereignty over indigenous lands. British were trying to meet expectation of both sides and has a “document awakrdly straddling the conflicting interests of Indingeous people and the Crown.” However, Indigneous title was recognized until ceded by a treaty between Inding and Crown, while the RP also limitied European rights on Indig land as it didn’t set out who specific Indingeous peple would have power to practice “autonomy through their own sovereignty” o John Burrows argues RP can be better understood through the Treaty of Niagara of 1764. For burrows the wampum belts signify Indingeous sovereignty. Lynn Gehl: The Niagara treaty meeting served to ratify the 1793 RP. the wampum belts make clear Indigneous nations are not subjects of British. John Ralston Saul: the meeting was originzed to “cement” the RP. It was a “multinational alliance, often referred to as the Covenant Chain of Friendship was declared, wherein no participant renounced sovereignty” Written, oral declaration and presentations, and exchange of wampum belts. Held at “crooked place” on the Niagara River. Over 24 nations and over 2000 Indigneous people attended and were regarded as the largest representation of Indigenous peoples ever brought together for a treaty agreement. Wampum belts were both given and received by both Europeans and Indingeous. The beaded belts are like paper treaties. They were used as a way to codify the historic event and to ensure clear understanding. 2 wampum belts presented at meeting. They represented the British and great lakes covenant chain confederacy wampum (representing strong relations among equal allies, and a relationship as strong as a chain, yet it could also tarnish just as silver does – implying it required regular maintenance) & the twenty-four nations wampum belt (representing renewed and strengthened engagement and recognized Indig ppl promises of friendship and attachment to the British.) Sir William Johnson, Indian affairs superintendent: instrumental in organizing the Fort Niagara meeting that resulted in the Treaty. It was the winter after the RP. Johnson commissioned Algonquin and Nipissing Anishinaabe nations as runners for 1764 conference. Delegates invited them by travelling to and presenting white wampum strings as a sign of peace as well as a printed copy of the RP. The Conference main function was agree to “Treaty of Offensive and Defensive Alliance” and would lead to “a free fair and open trade, at principle of posts and free intercourse and passage into our country..bring to justice any persons who commit robbery or murders on them and that we will protect them against their and out enemy” but resulted in discussion to formulate governing principals of crown-indigenous relations (said by William Johnson). Indingeous peoples presenting Johnson with the |”Gus Wen Tah” or “two row wampum” as a way to demonstrate understanding on the RP and Niaga treaty. This codified a nation-to-nation relationship rooted in non-interference mediated by peace, friendship and respect. White and Purple wampum beads and two parallel purple lines- one representing canoes of inding with their customs, ways and laws, and the other was a European ship carrying law, traditions and customs. The river is a white background which represents purity of agreement. “Each boat travel side by side but in agreement, never interfering or trying to steer the others boat.” As well 3 rows of white wampum beads separating the two purpoe rows and represents friendship, respect and peace – the three rows keep the purple rows separate but also bind them together. This is symbolic literacy. Treaty of Niagara never found nugatory nor been overruled by Canadnain law. RP seen in light of Niagara Treaty – not “a unilateral decision of the Crown” but “something to be entered into which Indigenous peoples had significant say. The RP needs to be understood “naturally” by the people of the time. Thus, RP can be seen as Indigneous sovereignty. Two related facts: 1) an alliance between Britain and Indig nations and 2) Indig sovereignty. With this, the crown is required to seek Indig consent for settlement on Indig land, as well as the creation of open free trade and passage between Indigneous peoples and the crown and an alliance between them. Oral passing: elders make sure children are taught how to memorize in great detail so stories can be passed down. Kathryn V Muller: Two Row Wampum Belt biographer: “although written documents provide a valuable source alongside oral traditions and wampum belts if we are to grasp the intricacies of post=contact diplomacy fully” Contract: John Burrows argues that “Indian” treaties are classified as sui generis and mean a unique contract. He says that the treaties are legal contracts. And adds that contracts are not just what appears at face value, but also what is implied in subsequent agreements or ters that may have not been previously recognized. Many Indingeous people interpret RP from the contract view. Even though the RP says that Crown has sovereignty, First Nations interpret that they are soverign. William Johnson did not see the RP and Treat of Niagara as declarations of British Sovereignty. Sovereignty: a colonial concept. Taiaiake Alfred explains that “Indingeous peoples are by defintions the orignila sinhabitatns of the land and they never gave consent to Europeans for ownership or sovereignty” and furthers that soverign is contradictory to Indingeous notions of power - “inappropriuate concept” because their society recovized no absolute authority - just the acceptance of this concept thus reinforces the imposed foreign authority” Alfred: “If Indigneous people frame their understanding within this state-constructed concept of “sovereignty” and try to achieve An organized take over: the conspiracy of legislation (p 90) it as a goal, as they accept without really meaning to- this colonial construct and the “State” as their model of governance” The British chose to recognize only that the French passed to Britian control and “ownership” of the land in Nother America claims by France but not that the French never really properly acquired it in the first place. British Columbia: 1850-1854 – James Douglas from the Crown negotiated 14 land agreements with Indigneous peoples on Vancouver Island. “The Douglas Treaties”. He created reserves, when he should have been creating treaties - and both non-indig and indig could come to land agreements with crown to take up farming mining or other activity on land outside of the reserves. After Douglas retired the gov. took away right for Indig ppl to make agreement with rights to their land, reduced size of reserves and paid no compensation for loss of land, and denied Indig ever owned land. Because B.C. was not recognized during the RP the province did not have to recognize Aboriginal title to the land and no need for treaties – saying “laws written before I was born do not apply to me” P 91 Chapter 6: Indigenous Peoples and the State: Legal Manipulation and Indian Legislation Reserves, Agents and Pass System: Reserves: while occurring before, they were defined in the Indian Act of 1976 as lands "reserved" for Indian use. When the word use was used, it made it seem like the Indingeous poeple have freedom to their land. However, the lands were still considered owned by the Crown. Treaty 6: How cold reserved land be borrow from the Crown when all land was given by the Creator for Indigenous people to use? After treaty 6 was signed, boundaries were set for the reserves and limited it to 160 acers per person. Poundmaker spoke against reserves in Treaty 6 negotiations. Kitsilano, B.C.: Salish peple resided there and colonists prompted them to move. They were seen as "encroaching on an emerging suburban neighborhood" St. John's Beaver Band: After ww2 their reserve (IR 172) was made available for nonIndig returning from war, and then shortly after discovered oil on the land. Purchasing: Investor did not invest in development of land that was not "Actually owned" and belonged to the crown. There were restriction put on Idnigeous poeples - in 1888 could not sell Agricultual products w/o consent of indian agent. and in 1941 restrict sale of wild animals and furs. Indian agents: responsible for limiting traditional culture and customs or practices that were deemed "uncivilized". The pass system: in the prairies, First Nation people could not leave reserve w/o pass issues by Indian agent. Originated in 1828 - came into full function during Riel resistance and then remained in place until 1930's. It's aim was racial segregation. Indian Legislation: in 1850 and 1851, first "Indian: legislation were enacted by Candain legislature: The Ace for the Protection of Indian in Upper Canada from Imposition and the Property occupied or enjoyed by them from trespass and Injury (1850) and an act for the Better Protection of the Land and property of Indians in Lower Canada. Commissioned has full contorl over property. Also offered first definition of "indian" - no Indigenous input Defining Indian left out Metis and Inuit. And Indians were not considered "real" people. 1850 Legislation for Upper Canada made only the Crown permitted to deal with Indian lands. To "civilize" the Province of Canada qualified "Indians" to get cull citizenship and left behind their Indian identity. In 1857: Act of Encourage the Gradual Civilization of the Indian Tribes in Canda passed. Adult Indians who were free of debt and has good morals, fluent in English nd French, could qualify for enfranchisement or "foregoing "indian status". If worthy they could received full citizenship (can vote), and 50 acers, and band money. The wife and children of any enfranchised Indian man would also lose their status and become colonial citizen. From 1857-1867: only a few applied for enfranchisement but One person was accepted. 1860: Indian Lands Act - Canada was responsible for managing al lndian affairs from the imperial gov 1867: Constitution: afford the federal gov absolute jurisdiction and power over "indians and lands Reserved for Indians" 1869: Gradual Enfranchisement of Indians, the Better management of Indian Lands and Extended the Provisions of Act 21stVictoria. Any Indian woman who married "non-Indian" man could cease to be Indian - and children of them would not have status. Provisions for electing of chiefs and counsels by Can gov. FN did not follow rules and after 2 years the Deputy Superintendent said this reluctance oculd be "Accounted for from the fact that the Indian mind is in general slow to accept improvements." The Philosophy and Intent of the Indian Act 1867: Indian Act. Assimilation and control were main purposes. Initially to be temporary until Indian became assimilated. Paternalism: First Nations were persons in need of specific regulation. FN viewed as incompetent population that must be "civilized" Many ammendments: -between 1878 and ww2: ammends to reinforce assimilation -1920: FN to seek permit to appear in traditional dress -1951: lift some of the worst restirctions but also reinforced assimilation: - define through assimilation of enfranchisement; non-traditional governing structure; indian specific liquor laws and access to pool halls; outlaw Indian culture, dance and ceremony. Defining "Indians" out of existence and the system of entrancement: Indian Act of 1867: concept of "Indian status" with emphasize on patrilineal, no status to Metis. Broaden system of enfranchisement - take place in university, military, professional and lose status. Between 1920-40: Indig people renounce their status to be able to do these things. 1951: Revision to Indian Act - uphold gov authority on who was legally Indian and who was not. "Indian blood" was replaced by a system of registration - that was biased. Also kept enfranchisement - "double mother rule" child with Indian status would become automatically enfranchised if that child's mother and grandmother had obtained their status through marriage ot a status man. 1961: male compulsorily enfranchisement - change for women in 1985. Bill C-31 o A bill to amend the Indian Act: Supreme court cases of Bedard and Lavell in 1973. Cases were separate and then brought together - FN women lost their status through marriage. The Federal court said they were not discriminated against and the marry out rule in the Indian Act was upheld. Also UN Human Rights case of Lovelace - in 1981 UN found Canada was in violation of the Internation Covenant on Civil and Political Rights. Then in 1982, the Charted of Freedoms and Rights were passed - section 15 said that people could no longer be discriminated against based on race, colour, ethnicity, mental, physical or sex. Thus - Bill C31 was intended to bring the Indian Act in line with The charter. Page 112: "two generation cut-off clause" Section 6 of Indian Act. Sharon McIvor fought court battle for Bill c-3 or the Gender Equity in Indian Registration Act - received Royal assent on Dec 15 2010. However this is "a patchwork solution to the fundamentally flawed provisions dealing with status and citizenship" She applied to have case heard at Supreme Court - denied. Has contacted UN. Around 50% of status Indian marry without status. In 50 to 75 years, "Indians" will cease to exist in Canada . There will be a dilution of status over time. "We just won't have Indians... Legally that is." Bill C-3 will only delay this process by one generation. The gov wants to reduce the number of people they are accountable for. Indian act: set up to eliminate Indigenous peoples, detach women from communities and acquire Indigenous land. Chief and Band Council Structure: Prohibition of hereditary leadership and assault on Indigenous Lands: 1867 Indian Act said elected chief and council had replaced traditional forms of governance. SUperintendent could order reserves to be surveyed and divided into lots force Indig into property ownership. Also, "band" was defined a a body of Indians who use and benefit in common lands and legal title and are vested in the crown. And "Reserve" was defined as a tract of land that Indians had "right" to use. Also, some protections: no seize of land from debt of lien. Only Indian from band can live on property - or get a licence to do so. Language termination: 1900 policymakers thought living on reserves would discourage enfranchisement and wanted to eradicate them so they "assaulted" reserve lands. 1905: amendment allow FN to be removed from reserve that were next to a town have mroe than 8000 residents. 1911: Further amended for municipalities and companies to seize portions of reserve for railway, road or other public works. 1911: Another amendment allowed judge to move whole reserve away from municipalities with out band consent. 1918:amendment allow superintendent to leave out uncultivated reserve land to nonindig people to gain revenue through farming or pasture. Justify in terms of "progress" 1920: amended to disallow indingous bands to follow traditional hereditary leadership. 1936: permit Indian agents to lead band council meetings and to cast deciding vote in case of tie. 1951: FN finally considered citizen and gained ability to pursue land claims, women who could not vote in band election now could, and gain right if they had status. Today: Bands enact own bylaws (to be consistent with Indian Act) By-laws: Inding reluctance to make by-laws Must submit to federal minister who can decline Formulistic and delivered through Indian Act – unadaptable for First Nations. FN don’t have ways to enforce bylaws Most significant: reject Indian act as tool for effective self-governance. o By laws don’t represent true self governance as they are not inhedited from FN peoples. For example people of Six Nations “refuse to vote in Indian Act … and Haudenosaunee” Indian Specific Liquor Laws and Regulation Pool Hall Entry Indian Act 1867 also consolidated laws regarding liquor and Indians, where no one was permitted to sell liquor to status Indian. If found of substance would be jailed until sober or locked up for maximum 1 month – also add 14 days if not tell who gave substance. And, ban possession of liquor on reserves. Indian Act amended 1930, “indian who by inordinate frequenting of a pool room either on or off an Indian reserve misspends or wastes his time or means to the detriment of himself, his family and his household.” Poolhall owner could face fine or 1 month in jail. Indian Act amended in 1951, allow indian into pool halls and changes to possession of liquor – permission to drive in licensed Outlawing Indian Culture, Dancing and Ceremonies Scrap the Act? places – but not take liquor to reserve, possession liquor off reserve, or be intoxicated. Drybones case 1970: intoxication off reserve was dismissed – in 1969 Joseph Drybones was arrested in Yellowknife for being intoxicated in a hotel lobby; at the time there were no reserves in NWT. Drybones found case to Supreme Court and won. Found police discriminated based on race under 1960 Bill of Rights. 1985 Bill C-31: any provisions in Indian Act related to liquor laws were repealed (now band and council set by laws relevant to issues). Indian Act 1884-1951: outlaw “potlach” ceremony and traditional sacred dance “Tamanawas”. Could be imprisoned. o Potlach sacred to Westcoast people – and their people were arrested for still having potlach. o Government outlaw potlach because it was generous gift giving – seen as too radical or “communist” and contradict property rights they were trying to force at the time. 1914 Amendment: needed authorization before wearing a “costume” (regalia) or “dance, show, expedition, stampede or pagent” o Euro-canadian saw these as paternalistic ignorance. o 1921: Duncan Campbell Scott deputy superintendent of Indian Affairs– “it has always been clear to me that the Indians must have some sort of recreation, and if our agents would endevour or substitute reasonable amusement for this senseless drumming and dancing, it would be of great assistance”. o 1927: more restrictive as section 140(3) of Indian Act stated that MB, Sask, Alberta, BC or territories First Nations participate in dance outside reserve or any dance etc in “costume” or someone employes FN to do dance, are found liable to fine of $25 or imprisonment for 1 month or both. o 1951: revision made potlach and dance etc no longer illegal and can wear “costumes” in public. Indian Act today: Predominant version based on 1951 revisions – with ongoing amendments. Amnesty, UN, Canadian Human Rights all condemn Indian Act for infringing on Human Rights. Federal Gov/Crown legislative authority over reserve land & Defines who is legally “indian” Implies FN are inferior because they must be regulated by special law or morally insufficient and require special regulation. White Papers: In 1969 Prime Minister Trudeau issues White Papers that advocate to put Indigneous people on “equal footing” with other Canadian citizens and eventually abandon Indian act and FN rights it guaranteed. Was a practical solution to the century old “indian problem”. Hawthorn Reports of 1966-67 survey circumstance of Indian in Canada and reveal to be Canada most disadvantaged and marginalized. As such Jean Chretien and John MacDonald sought to consider White Papers, arguing it would make Canada a “fairer nation” They said to eliminate status, end Indian Affairs, convert reserve to private property, integrate ervices to FN to all Canadians, and address existing land claims but no more treaty negotiations. Trudeau considered Indingeous people to not be sovereign and as such treaties, or agreements between to sovereign states are void. White papers were 13 pages total and its main tenant was assimilation – it states “ to be Indian is to be a ma, with all a man’s needs and abilities. To be an Indian is also to be different. It is to spreak different languages, draw different pictures and tell different tales and depend on values developed in different world” o Dale Turner: the term “different” is stressed to imply that although Indians are apart of humanity they are different and separate in significant ways. After initial emphasis on difference – white papers turn to sameness, or assimilation. Repeal Indian act and put responsibility on Provinces – not only assimilation but also to offset costs of dept of Indian Affairs. Treaties: takes very literal and plain reading of treaties and were largely under acknowledged in White Papers, as they were “widely misunderstood” and wampum belts and oral traditions were not included. Reserves: grant ownership to of reserves to bands but with “obligations to accept taxation the way other Canadians do and to pay for certain services”. Rejecting the White Papers: Indigneous organizations reject and became an important stimulus of Indigenous Activism. National Indian Brotherhood /Assembly of First nations became vocal. o Harold Cardinal, publish book in 1969 titled “The Unjust society, that counters Trudeus claims that White Papers were for a “just society. Withdrew white papers in 1970 after widespread protest. Federal gov made this change after Supreme Court supported concept of Aboriginal Title in ruling on the Calder case in 1973. And Trudeau said the views that the Nisga’a’s claims to Aboriginal title were more than make believe because they weren’t based on treaties and that soceities cannot be build on “might have beens” and in 1970 said “we will keep them in the ghetto as long as they want” In 2014: Liberal party acknowledge White Papers were a mistake. Red Paper /Citizens Plus From the Hawthorn Reports commissioned by Federal Gov in 1963 Harry B Hawthorn: Indians were “citizens minus” due to failed government policy, espically residential schools, and that they should not be considered “citizens plus” and have additional rights to the normal citizen. o Alan Cairns: Citizens plus was referred to ongoing entitlements from existing treaties. Presented under Cardinals leadership by Indian Chiefs of Alberta to Federal Gov in 1970. It countered all proposals of white papers. o White papers offer “despair instead of hope” and “gov devised scheme to leave Indians with no land” o Chapter 7: The Impact of Assimilation: Residential Schools and Intergenerational Trauma The Davin Report Nicholas Flood Devin was commissioned by Sir John A McDonald (PM) to investigate the industrial schools established for Indingeous people in the US. Mcdonald thought “indians” were a problem. 1879 the Davin Report titled “Report on Industrial Schools for Indians and Half-Breeds” where children were to be “Taken away from the influence of the wigwam”. Civilized: Davin Report declared Indingeous adult could not be civilized where made “civilization a pizzle of despair” and states “if anything is to be done with the Indina, we must catch them when they’re young” –residential schools were a way to “Catching Indians” when they were young enough to “civilize” “Aggressive Civilization” through “civilizing education” Davin was inspired by first Indian Industrial School in Carlisle, Pennsyvania – 175 graves in schools cemetary today and many bodies were sent home for burial. Also children got TB, pneumonia and trachoma. Now seen as genocide. Richard Henry Pratt – architech of American Residential School System. Argued 200 years of contact between “the negro” and “anglo saxon” has made the African American “fitted as a fellow citizen” and that he would undertake the transformation of Indigenous people. The objective of the US was “Kill the Indian. Save the Man.” This idea of assimilation instead of extermination seemed less bad. Residential Schools o Separate schooling of Indingeous and Africans as to not let the public or them relate – and Indigenous people to assimilate to anglo saxon. In Canada from 1831 until 1996. The first school was the Mohawk Institute in Brantford Ontario for boys from Six Nations. Initially run by church and incorporated into Candian Federal Policy. In 1892 federal gov entered partnership with churchs and formalized funding through an order in council – after this # of schools increased. Federal Gov opened first in 1850’s. Schools reach peak in 1931 with over 80 schools. Over seven generations of children attended residential schools. Mandatory attendance: 1920’s kids between 7 and 15 were mandated to attend residential schools or day schools More Indig children attended day school than residential schools throughout 1944-45. Indig parents had to rights as they were not “persons” under law, but wards of the government until 1960’s – could not challenge having their children taken away. Process: Authorities took children from home and forced to stay 10 months of the year~; during stay denied family communication. o 1889 Indian Affairs Doc: “it was a ‘danger’ to have Indingenous children ‘under the influence of their homes” o Reserves were specifically located far away from reserves – for “the work of the school will go to nothing” if they are close to home. Education: adoption of the Christian religion – many Indingeous children were taught their culture was the way of the devil and were threated to go to hell if they practices their trasitional culture. o Barbara Helen Hill: “Churchianity” to refer to forced Indoctrination of Christian value Language: forced to only speak English or French. They would be whipped publically, confined for days or given lashes/beatings if they spoke their cultural language. Torture: Needle stuck thorugh childrens tounges and left in place for extended periods. ; bed wetting: pull down pants and get publically lashing/wear diapers or soiled clothes. Some beaten to unconsciousness – including permanent injuries Rupert’s Land Industrial School near Selkirk, Manitoba: burises would last weeks and they were forced to eat rancid butter and the Anglican principal would kiss the girls at night. Pedophile rings: organized by clergy, plice and business and gov officials/girls impregnated were forced to have an abortion/involuntarily sterilized. Chapter 8: Chapter 9: Chapter 10: Muskowekwan Indian Residenital School in lestock, Saskatchewan: baby put in over and burned to death. Infrustructure: building were typically in poor condition – and over crowding. In 1953 report of raw sewage in boys room and the “school should be closed” Sanitatin: Poor sanitation and high rates of disease. In File Hills Industrial School in SK 69% of students died of TB/ At Upker Island 40% died before going home. Chapter 11: “The push for a contemporary means of conducting land negotiations with Indigenous peoples started to pick up in the 1960s and 1970s. In these decades, Indigenous peoples witness the federal and provincial governments interests in industrial development and natural resource development and extraction. At the same time, many Indigenous peoples asserted the importance of protecting Mother Earth, as did others involved in the second wave of the environmental movement. Yet economic growth fueled by industrial and resource development – and not the environment – was the top priority of governments during this time.” (235) “In 1995, the federal government stated that it recognized ‘the inherent right of selfgovernment as an existing Aboriginal right under section 35 of the Constitution Act, 1982.” (236) […] In spite of these changes, the policy that guides the federal government in these negotiations called the ‘comprehensive land claims policy,’ is still very similar in aim and effect to its 1973 predecessor, the Statement on Claims of Indian and Inuit people. […] its priority has been land surrender. It requires first Nations to extinguish their Aboriginal title by negotiating their land into private property.” (237) In a report to the Prime Minister in 2013, Douglas R Eyford, “outlines the need to ‘capitalize’ on the immediate oil and natural gas resource opportunities in Canada. […] Canada need to ‘construct pipelines and terminals to deliver oil and natural gas to tidewater.’ Also, ‘ Canada should continue to encourage industry and Aboriginal groups to develop flexible and innovative models to facilitate Aboriginal participation in economic development projects.” Chapter 12 Chapter 13: Moving Forward: Lighting the Eighth Fire The Seven Fires Prophecy An Anishinabe prophecy that is handed down orally. o Algonquin Elder Grandfather William Commanda, was the Seven Fires Wampum Belt keeper from 1970 until 2011 when he passed. This had been passed down pre-euro contact. o Also can get in written form from The Circle of Turtle Lodge – The Mishomis Book o Turle Lodge story: the original ppl of nothereastern coast of turtle island were given 7 predictions from 7 prophets – each referred to as a fire and each fire represented a specific time in the future. Fire 1: talks of when Anishinaabe people were strong and the elders lead the people to an island shaped like a turtle. Associated with earth’s purification. Food growing on water means they are in the right place. “If you do not move, you will be destroyed” Fire 2: People living in big body of water and will be lost. A boy will be born and lead them in correct direction geographically and culturally. Fire 3: People continue on correct path toward place where food grows on water (identified as wild rice). Fire 4: The coming of a light skinned race. (two prophets came forward with this fire.) First prophet said of light skinned brothers will bring knowledge and have great change for future generations. “if they arrive to offer only a handshake and information to share and if they come without weapons” Second Prophet: warned if light skinned people show “face of death” or disguised as face of brotherhood. If they come with weapons and are suffering. “Eventually, it will be known if they came with the face of death because, if they did, they will turn the rivers into poison, causing the first to become inedible.” Fire 5: A time of struggle for Anishinaabe to continue with traditional life or give up for false promise of “joy and salvation” – if accepted it will The Royal Commission on Aboriginal Peoples: Considering and Implementing Recommendations cause total distruction. The light skinned will take away Anishinabee land and independence. Fire 6: a time of clarity to see the promise accepted during era of 5th fire came in the way that was false. Children taken away elders. This will cause them to lose purpose, their balance, become ill and face death. Fire 7: This prophet was different from the rest of the prophets – had a light in eye and was younger. He explained that “new people” (Osh-ki-bi-ma-dizeeg) will come into being. They will retrace path and see what is left behind – when they want to ask elders they will find them sleeping as no one had asked them about the culture for a long time or are “silent out of fear”. “The Task of the new people will not be easy” If they continue they will find the Anishinabe Nation to be reborn – old flames relit and witness sacred fire again. Fire 8: The light skinned people will then be faced with a decision – two paths – if they chose right path it will light an 8th and last fire. Era of eternal sisterhood, brotherhood, peace and love. Yet, if the light skinned people chose the wrong path may cause world wide suffering for all and many will die. The Light 8th flame there must be a new and strengthed relationship with mother earth. CBC doc: The 8th fire. With Wab Kinew as host. 1996: Royal Comission on Aboringinal People released. Final released by commission which formed in 1991 in response to high-profile incidents of Indingeous resistance to injustice including the “oka crisis” o Set out to examin relations between indigenous people and cnaadian state at time with reccomendations. Ppl travelled across Canada to document. o Most comprehensive report on Idngeous people ever in Canada. Costing $58 million. Final report in 5 volumes, 4000 pages, and 440 reccomendations. o Notes need for renewed relationship based on principals of mutual respect and recognition, sharing or reciprocity and mutual responisiblity – underline all reccomendations. o “It notes the need for Indig ppl to accept non-indig ppl because they now have ancestors who have lived on these land and because they consider parts of Turtle Island The United Nations Declaration on the Rights of Indigneous Peoples home” and non-indig need to recognize indig people are original occupants of land. o Emphasize mutual respect – “because we are all here to stay” o Reccomendations: child welfare, crime, education, health disparities, improved pretention treatment and rehab service, restoration of self-governance and control of an adequate land base with institutions according to indig culture. Engagement with first nations in interpreting or renewing treaties. New Royal Proclamation and compation legislation to demonstrate commitment to treaty relations – recognize past and restore future. Companion legislation: 1) “Aboriginal Nation Recognition and Government Act” with fiscal agreements to support indig. ; 2) “The Aboriginal Treaties Implementation Act” to recognize and renew or make new treaties. 3) “Aboriginal Lands and Treay Tribulan AcT” to determine specific laims and safeguards – organized and funded fairly. 4) “Aborignal Parliament Act” established body to represent indig within federal institutuions. Originally House of First Peoples. 5) Aboriginal Relations Department and Indina and Inuit Services Dept Act” now indig and north affairs – to implement new relationships ith indig ppl and second would administer services to communities that were not yet self governed. o 20 year implementation plan which all reccomendations would be implemented. In 2013, Gregory Younging notes that less than 1% of reccomendations impleneted and unlikely the remaining would be implemented in the remaining 3 years. 2007: UN general assembly adopted UNDRIP (united nations declations on the rights of indingeous people). Set international standards. Recognizition of treaties. Not to be subject to forced assimilation but “right to determine own self identity” and to “maintain control and develop their cultural traditions and knowledge”. Children must not be taken away from home. Cultures cannot be destroyed. Children have right to education. Partake in decision make that would affect their rights, including land and resources. Canada was originally involved in creation of UNDRIP and liberal government supported it. Got universal backing but Canada United States, Australia and New Zealand intitially refued to sign. Decolonization, Reconciliation and Resurgence Canadas conservative/Harper government refued to sign UNDRIP and argued it would conflict with Canadian constitutional law and that Aboriginal people would be in a higher position than others. Harper was scared because he didn’t understand the Indingeous self governance and right to self determinations. November 12, 2010 canada gave official endorsement. One month later US did same. Government endorsing mena s commitment to work in parthership with Indingeous peoples. Since November 2010 nothing has changed – at least practically. Conservatives trample on UNDRIP o Passing of Bill C45 with paternalistic tactics to take break up Indingeous communtieis Liberal Gov: October 2015 – JT made promise to Assembly of FN to implement UNDRIP and “conduct a full review of legislation unilaterally improsed on INdigoeus people by the previous government” Until Indingoeus lands are returned then legislative changes keep indigenous people entrenched within the euro-canadian colonial state. 292 Decolonization: unlearning and undoing of colonialism. It is a process and a goal – o reimagine relationship with land and people; o conscious engagement with colonial structures, ideologies, and discourses that are dominant: through teaching about indig perspectices and understandings as opposed to colonial ones in order to abolish the incorrect assumption that indig lack civilization which is an excuse for the injustice still fueled by mechainism of coloniaim. o Having all candians recognize and admit that this land of Canada is compromise many Indigineous territories. o Learm amd acknowledge the wisdom and teaching of the land and realize that land is shared for living and being on. o For indig people: means having courage and conviction to be who they are and stand up and assert their place on their homelands. They must continue to challenge Canada in a peaceful way. Goal is NOT for Indig to ignore the rights of non indig people, but reather to encourage education and peace, and growing awareness for true reality and histories. o Taiaiake Alfred: “decolonization nbecomes a reality wen people collectively and consciously reject colonial identities and institutuions that are the context of violence, dependence and discord in Indig communities. o Michael Yellow Bird: “It is the birth of new ideas, thinking, technologies and lifestyles that continued to the Reconciliation: advancement and empowerment of INdingeous people”. Also we must use traditional ceremonies to change peoples minds so the brain can heal from trauma … we must ree ourselves from post-colonial culture and thought” (293). The Brain/mind is Indingeous peoples greatet ally – “neurodecolonization” to “engage in optimistic thinking and believe colonialsm can be overcome, develop courage to confront colonialsm and cultivate creative appraoes. Neurodecolonization is based on neuroplasticity Gov has been doing this through apology. Yet fail to acknowledge colonial structures. TRC: “The truth of our common experiences”/”The full truth to be told”. It is “an ongoing individual and collective process that requires commitment from all those affected” Chair of TRC: Murray Sinclair: in order to move forward must do reconciliation. Ideas are passed down to both indig and non-indig and it signals to Europeans that their racism is “okay” o “If we can agree on reconciliation now, maybe in 7 generations or beyond we can see progress.” Why 7 – that’s the amount of time it caused damage through residential schools – it will take longer to build up identity and self that was broken down. Many people ask why “both parties have to forgive” o Murray Sinclai was a residential school survivor and said “ how do you forgive something that doesn’t have a soul, or an institution? Its about people” o Churches and gov apologized and took account for actions but can be offered as a justification for their actions. Apology in June 2008: seemed to be a justification for actions. Ono September 27, 2009 PM Harper announced at G-20 summit that Canada is unique because it is “not tarnished by its history of colonialism… we have all the great powers and this doesn’t seem to bother people.” Jeff Corntassel: reconciliation that is not followed by meaning action simply reinscribes the status quo w/o holding anyone responsible for injustices. Canada used apology to regulate wrongs. Apology was really telling Indingoeus people to “move on”. o Resurgence: the ability to see life beyond the state. Connect to homeland, ceremonies and culture. Leanne Simpson: reconolization needs a much broader definintion if it is to be meaningful and an actual decolonizing force. Policial and cultural revival. o Indig nations involved in regeneration languages, traditions and oral culturs and governance, and eliminate all residential school things. Decolonization in Practice: Artits reversing the gaze creating conversations and reawakening spirits A tribe called Red: tells truth and contemoporay colonial discourse. Include: Dj’s: Bean Witness(Cayuga), Dj Shub(Cayuga) and Dee Jay NDN (Anishanabe). “Electric pow wow”. Won June in 2014. o Remix song called “Scalp Dem” – song tells of “Indians from all directions” and flip to positive” Dj Bearwitness: we made “more of a unity out of this song”. Music Video includes clip of white people mocking indingous dance in false and sexualized ways. Point to scene in Walking Dead. They are engaging in process of decolonization: call out inaccuracte depictions and understandings that fuel colonialism. Cree artist Kent Monkman who is an artist. Reverse gaze back onto Europeans thorugh creations. Reclaim culture and expose egotism, ignorance and greediness. Uses alter ego “Miss Chief Ego” who is flamboyant and egomanic artist who is all of her paintings. Serves to reverse gaze. Central themes sexuality and colonized sexuality. Indig had openness to sexuality and Colonization squashed it. o Painting from George Catlin who idealizaed and romanticized Indingieous people in painting, was reversed by Monkman. o “False narratives show a strong will to disappear us from place where we lived and were born… must engage with narratives about why we are where we are right now” Musee Huron-Wendat in Quebec: exhibition “The Indian Act Revisited”: Art pieces challenging coloniasm and its impacts and realities. The cover of the book is created by Anishinabe artist Jackie Traverse (301). o A piece titled “reciprocity” took physical copy of Indin Act into woods and shot it with a gun and splattered the front with red paint to symbolize blood, and wampum beads pouring out, signifying gov lack of treaty agreement. o Chief Rock: hip hop arties: his song “Rez Reppin” reveals realities of reserves , tells of dance and culture prohibition, and tells people to be warned of “reppin the rez” and to know consider the whole of turtle island, as they used to be jailed for leaving the rez. A way to connect younger people. o Enter Tribal” Chief Rock and JB the First Lady. Released “sisterz” to raise awareness of mmiwg o Inez Jasper: belnds hip hop, r and b and pop with traditional native sounds. Engage with young people. Was featured on MTV called “rebel music”. “before traditional Indingeous music was limited to a niche audience, not its time for unity and change” Returning to the Teachings: traditional Practices and Healing Indigenous Specific Prevention Programming Louis Riel: 1885 quote “my people will be asleep for 100 years but will be awaken by artists” Dwayne Bird: a poster series titled “Indigenous Rights Revolution” which showed a Canada flag by putting a Raven design inside the maple leaf. Also signs around “idle no more”. Plex: Hip Hop artist says “the best day to be Native is now” Patricia Monture Angus: We need to know where we come form in order to move forward. Indingenous cultures hold a key to the future survivial of humankind. Martin Brokenleg: Intergenetional trauma to be countered by traditional teacings. Returning to traditional culture and childrearing practices in part of the answer. Singing and Drumming have been part of many Indig cultures. The drum beat is the heart beat of mother earth. Studies show better health outcomes for women who were involved in handdrumming- researches were apart of Waabishki Mkwaa (white bear) singes. Reported gaining sense of holistic healitng, empowerment, renewal, strength and MinoBimaadiziwin (good life in anishanaabe) Mino-Bimaadiziwin (good life in anishanaabe) requires people to find balance between their emotional, spiritual, mental and physical elements. (Hand drumming supported all these elements) Medicine Wheel Framework evolved out of hand drumming study. It placed culture at center of wheel and had four quadrants – mental, spriritual, emotional and physical – surrounded by social support network. Responsibilty of drum: abstain from alcohol or drugs to have clear mind and sense Pow wow: similar teaching of the drum. Study: participants who engaged in culture were less likely to use drugs. And that spiritual practices can play a large factor in abstinenece as many cultural teachings promote this . Poonwassie and Charter: Counsellors. Ceremony helps people and that story telling is also useful. Or sharing and talking circles. As well as role models. Prevention Programming can target poor health or crime. Ientify risk factor or root cause related to undesired outcome with aim to enhance protective factors. Warrior Spirit Walking Project (WSW) funded through Canada’s National Crime Prevention Centre (NCPC) for 4 years beginning in 2007 I Prince Albet.Target ages 12 to 21 involved in gangs or high risk of joining gangs. Aboriginal Justice Strategy o Based on Martin Brokenleg’s “Circle of Courage” – traditional child rearing practices. Four central values: belonging, mastery, independence and generosity. (307) o WSW consists of 7 programming components: cultural school, presentiaon tream, youth activity centre, van outreach, court outreach, counselling and meditation in shools and activity groups. o Results from 2007 to 2009 showed promising results. THoes in program for 18 months saw highest increase, as well as 12 months. Also more attached to labor force. NCPC THREE MAJOR ISSUES: o 1) all of programming if funded for pilot programs – programs only operate for 4 years. 2) primarily funding agency and people have to provide complex proposals. 3) they have a small budget compared to stardard forms of crime prevention. NCPC: received 32 million per year between 1998 and 2000. Now received 70 million per year. 1.1% of federal expenditures on criminal justice in Canada – which is 6.18 billion. Concern of over representation the federal gov created Aboriginla Justice Strategy (AJS). Started pilot in 1991 and was. In 1996 it was expanded and has continued to be renewed. Community based funding and capacity based funding. o Community based is to enhance culture o Capacity is to enhance knowledge of admin and whatnot Alternative to Justice System – diversion, alternative programs, mediation, community sentencing and community court justice. o Saddle Lake Restorative Justice – youth and family focused to prevent, divert and reintegrate programming through awareness and education. Mikmaq Customary law Program: in nova scotia where wrongdoers are held account able and achieve consensus. Involves circles of justice, healing and sentencing. o Justice Circles involve offender, victim, family members and community ppl, who work together to hold accountable and make amends. Then charge is withdrawn. Then may refer to sentencing circle where they acknowledge harm done and take responsibility. o 214 programs receive AJS funding as of 2012, up 100 sinc 2007. Can reach up to 500k a year. Findings from study of AJS program saw “increased sense of community safety” in 11 of 13 communities suveryed. Reoffending rates are lower each year. From 1998 to 2007. Bandaid Solution to over representation in cjs. To get AJS funding communities have to meeting requirements of DOJ – not rooted in traditional indinidgoeus ways of living. Need Indigneous Specific Education Supports and Programming Community Based Organizations offering programs by and for inidngieou speople to fit the “wants and needs” of government in order to receive fudning In colleges and universities. University of Ottaway Aboriginal Resource Centre provides culturally safe process for people to gather. Kwantlen Polytechnic University has Aboriginal Gathering Place that houses the office of the First Nationas Education Coordination who has an open door policy. Also student peer to peer tutoring. Unviesrity of Alberta Aboriginla Student Service Centre has a smudge and meditation room and provides snacks for students. One a month hosts lunch. Elders, social workers, counsellors and academic advisors are made available. Provide secured residence. Brock University in Ontarion offers ABoringla student services as an elder is on campus, and offered weekly lunches and a place to print and also get tutoring, or make long distance phone calls, and have a locker. Summer week long camp. Saskatchewan – First Nations Univesrity of Canada. Est in 1976. Three campuses: regina, Saskatoon and prince albert. Provides culturally supportive enviro and focuses on indig knowledge. Female and male elders. Carelton Univesity (p 314) Aboriginal Friendship centres – run and orginaized by inding.