Indigenous Governance and Colonialism Flashcards
1
Q
Learning Objectives
A
- Compare and contrast modern and traditional Indigenous governance
- Explain the Great Law of Peace and understand the symbolism of the
arrows - Explain traditional methods of dealing with crime in Indigenous societies and know the controversy associated with some of these methods
- Understand the importance of papal bulls, such as the Doctrine of Discovery, and be aware of how they continue to influence Canadian legal decisions
- Describe historical and current colonialism, and know the three types of colonialism outlined
- Articulate the various theories used to support European land ownership in the Americas
2
Q
Traditional Governance
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- Indigenous peoples occupied their own territories in North America and lived in diverse self-governing and autonomous societies prior to the arrival of Europeans
- First Nations were sovereign Nations
- Had individual and distinct legal, political, economic and social systems * Had a spiritual way of life prior to European contact
- First Nations’ relationships with the land influenced how they governed themselves
3
Q
Traditional Governance Con’d
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- Mohawk scholar Taiaiake Alfred states before colonization Indigenous societies achieved “true civilization”
- They did not abuse the earth
- They promoted communal responsibility
- They practiced equality in gender relations * They respected individual freedoms
- Indigenous societies were egalitarian–everyone had a role to play
- In Mi’kmaq societies this resulted in good health and a lack of poverty
- Resources and material goods were shared with all members of society (old, infirm, disabled)
- Low stress and healthy food led to long lifespans
- Centenarians were not rare
4
Q
Indigenous Women: Traditional Roles & Power
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- Egalitarian attitudes
- Women held positions of power & leadership in community & government
- Eg)Haudenosaunee:men were chiefs, but women chose the chief, and women were able to remove a Chief from his position
- Acceptance of divorce & illegitimate children in Indigenous communities
- Clashed with Victorian sensibilities
5
Q
Indigenous Women: Traditional Roles & Power con’t
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- Indigenous women in Canada are among Canada’s most marginalized, but this was not always the case
- Historically, gender roles were not hierarchal but complimentary * Men were respected for physical strength
- Women were respected for mental and spiritual strength
- Pre-contact Indigenous societies were often matrilineal & matrilocal
- Matrilineal: wealth, power & inheritance passed down from mother
- Matrilocal: a child becomes a member of their mother’s clan and settles in
her community - Why does a matrilineal system make sense?
6
Q
Systems of Governance: The Clan System
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- A clan designates a social group that shares ancestors
- Clans are named after animals
- Association with a certain clan could
give one rights, privileges, or property - Important in regulating marriage (members of the same clan could not be married)
- In addition to clans there are houses, councils, and confederacies
7
Q
Haudenosaunee Great Law Of Peace
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- A constitution of governance that influenced the United States Constitution
- Passed orally
- Also codified in wampum belts
- Six member nations of the alliance: Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora (added later)
8
Q
Indigenous Law vs. Aboriginal Law
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- Aboriginal law
- Created by Canadian courts and legislatures
- About the legal relationship between Indigenous Peoples and the Crown within the Canadian legal system
- Includes defining the nature and scope of Aboriginal and Treaty rights under section 35 of the Constitution Act, 1982
- Indigenous law
- Includes the laws and legal processes developed by Indigenous Peoples to govern their relationships, manage their lands and waters, and resolve conflicts
- E.g. The Great Law of Peace
9
Q
Imposed Governance on First Nations
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- Laws and policies (such as the Indian Act) forced First Nations onto
small areas of land (a fraction of the size of their traditional
territories) and imposed a colonial government * New forms of governance solidified control of the lands - First Nations and colonial systems of governance were very different
- First Nations traditional beliefs value sharing and stewardship of the land and resources
- Europeans valued ownership of the land
- Europeans did not want to deal with Indigenous women
10
Q
Systems of Governance: First Nations Chiefs
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- Chiefs traditionally ensured the circulation of resources and did not accumulate personal wealth
- In Cree okimow translates as Chief and means ‘to give away’
- In 1880 section 74 of the Indian Act imposed Band and Council system
- Chief and Council elected to administer the Indian Act
- Amendments in 1985 allow First Nations to return to their traditional governance structures – few have
11
Q
First Nations Chiefs
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- The imposition of the Chief and Council system has led to power disputes in some communities
- The challenge with combining systems is that is can be unclear who makes decisions
- The Gitxsan Hereditary Chiefs state they make decisions about land and
resources - They argue elected Chief and Council should look after federally mandated programs: healthcare, housing, and education
12
Q
Contemporary First Nations Governance Structures
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- Some BC First Nations govern themselves by Self-Government Agreements or treaty-based governments
- Some First Nations have settled or are in the process of settling comprehensive land claims through treaty negotiations
- Tribal Councils and provincial and national First Nations organizations provide additional levels of support and advocacy
- Midterm: The banner held by the B.C. Union of Indian Chiefs reads: United We Stand, Divided We Parish. How does this relate to the Great Law of Peace?
13
Q
Modern Indigenous Self-governance
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- Self determination: people belonging to common political and cultural organization have the right to territory and self-governance
- The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
- Article 3 of UNDRIP states Indigenous peoples have the right to self- determination
- Constitution Act, 1982
- Section 35 outlines that Indigenous peoples have the constitutionally- protected right to self govern
14
Q
Self-government: Each First Nation Establishes their Own Arrangement
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Self-government provisions may include:
* Education
* Language
* Health care and social services
* Police services
* Housing
* Property rights
* Child welfare
15
Q
Traditional Methods of Dealing with Crime
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- Settlers assumed there was no law: absence of police, courts, jails * Incarceration was not practiced in Indigenous communities
- However, each nation had its own laws and ways of dealing with conflicts
- Actions to address crime based on collective agreements among community members
- Often featured mediation and reconciliation
- Restorative approaches – crimes affect the entire community * Banishment: to protect the community
- Preventative measures: education through stories and life lessons * Reparations: peace offerings
- Social Control: reintegrative shaming, ridicule
